Florida Senate - 2009 SB 278
By Senator Gaetz
4-00292D-09 2009278__
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 requiring that a charter school comply with
26 constitutional limitations on class size; providing
27 for a limitation on funding; providing for the
28 disclosure of the performance of a charter school that
29 is not given a school grade or school improvement
30 rating; revising the requirements for providing
31 certain information to the public; providing reporting
32 requirements; providing restrictions for the
33 employment of relatives by charter school personnel;
34 providing that members of a charter school governing
35 board are subject to certain standards of conduct
36 specified in ss. 112.313 and 112.3143, F.S.; amending
37 s. 1002.335, F.S.; eliminating the requirement for a
38 district school board to annually seek continued
39 exclusivity from the State Board of Education;
40 providing for challenges to such exclusivity;
41 providing a presumption; providing for informal
42 hearings; specifying additional components of
43 cosponsor agreements; amending s. 1002.34, F.S.;
44 providing additional duties for charter technical
45 career centers, applicants, sponsors, and governing
46 boards; requiring the Department of Education to offer
47 or arrange training and assistance to applicants for a
48 charter technical career center; requiring that an
49 applicant participate in the training; creating s.
50 1002.345, F.S.; establishing criteria and requirements
51 for charter schools and charter technical career
52 centers that have a deteriorating financial condition
53 or are in a state of financial emergency; establishing
54 requirements for charter schools, charter technical
55 career centers, governing bodies, and sponsors;
56 providing for corrective action and financial recovery
57 plans; providing for duties of auditors, the
58 Commissioner of Education, and the Department of
59 Education; requiring the State Board of Education to
60 adopt rules; providing grounds for termination or
61 nonrenewal of a charter; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Paragraph (e) of subsection (7) and subsection
66 (8) of section 11.45, Florida Statutes, are amended to read:
67 11.45 Definitions; duties; authorities; reports; rules.—
68 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
69 (e) The Auditor General shall notify the Governor or the
70 Commissioner of Education, as appropriate, and the Legislative
71 Auditing Committee of any audit report reviewed by the Auditor
72 General pursuant to paragraph (b) which contains a statement
73 that a local governmental entity, charter school, charter
74 technical career center, or district school board has met one or
75 more of the conditions specified in s. 218.503. If the Auditor
76 General requests a clarification regarding information included
77 in an audit report to determine whether a local governmental
78 entity, charter school, charter technical career center, or
79 district school board has met one or more of the conditions
80 specified in s. 218.503, the requested clarification must be
81 provided within 45 days after the date of the request. If the
82 local governmental entity, charter school, charter technical
83 career center, or district school board does not comply with the
84 Auditor General's request, the Auditor General shall notify the
85 Legislative Auditing Committee. If, after obtaining the
86 requested clarification, the Auditor General determines that the
87 local governmental entity, charter school, charter technical
88 career center, or district school board has met one or more of
89 the conditions specified in s. 218.503, he or she shall notify
90 the Governor or the Commissioner of Education, as appropriate,
91 and the Legislative Auditing Committee.
92 (8) RULES OF THE AUDITOR GENERAL.—The Auditor General, in
93 consultation with the Board of Accountancy, shall adopt rules
94 for the form and conduct of all financial audits performed by
95 independent certified public accountants pursuant to ss.
96 215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for
97 audits of local governmental entities, charter schools, charter
98 technical career centers, and district school boards must
99 include, but are not limited to, requirements for the reporting
100 of information necessary to carry out the purposes of the Local
101 Governmental Entity, Charter School, Charter Technical Career
102 Center, and District School Board Financial Emergencies Act as
103 stated in s. 218.501.
104 Section 2. Subsection (5) of section 218.39, Florida
105 Statutes, is amended to read:
106 218.39 Annual financial audit reports.—
107 (5) At the conclusion of the audit, the auditor shall
108 discuss with the chair of each local governmental entity or the
109 chair's designee, or with the elected official of each county
110 agency or with the elected official's designee, or with the
111 chair of the district school board or the chair's designee, or
112 with the chair of the board of the charter school or the chair's
113 designee, or with the chair of the charter technical career
114 center or the chair's designee, as appropriate, all of the
115 auditor's comments that will be included in the audit report. If
116 the officer is not available to discuss the auditor's comments,
117 their discussion is presumed when the comments are delivered in
118 writing to his or her office. The auditor shall notify each
119 member of the governing body of a local governmental entity,
120 district school board, or charter school, or charter technical
121 career center for which deteriorating financial conditions exist
122 that may cause a condition described in s. 218.503(1) to occur
123 if actions are not taken to address such conditions.
124 Section 3. Section 218.50, Florida Statutes, is amended to
125 read:
126 218.50 Short title.—Sections 218.50-218.504 may be cited as
127 the “Local Governmental Entity, Charter School, Charter
128 Technical Career Center, and District School Board Financial
129 Emergencies Act.”
130 Section 4. Section 218.501, Florida Statutes, is amended to
131 read:
132 218.501 Purposes.—The purposes of ss. 218.50-218.504 are:
133 (1) To promote the fiscal responsibility of local
134 governmental entities, charter schools, charter technical career
135 centers, and district school boards.
136 (2) To assist local governmental entities, charter schools,
137 charter technical career centers, and district school boards in
138 providing essential services without interruption and in meeting
139 their financial obligations.
140 (3) To assist local governmental entities, charter schools,
141 charter technical career centers, and district school boards
142 through the improvement of local financial management
143 procedures.
144 Section 5. Subsections (1), (2), (3), and (4) of section
145 218.503, Florida Statutes, are amended to read:
146 218.503 Determination of financial emergency.—
147 (1) Local governmental entities, charter schools, charter
148 technical career centers, and district school boards shall be
149 subject to review and oversight by the Governor, the charter
150 school sponsor, the charter technical career center sponsor, or
151 the Commissioner of Education, as appropriate, when any one of
152 the following conditions occurs:
153 (a) Failure within the same fiscal year in which due to pay
154 short-term loans or failure to make bond debt service or other
155 long-term debt payments when due, as a result of a lack of
156 funds.
157 (b) Failure to pay uncontested claims from creditors within
158 90 days after the claim is presented, as a result of a lack of
159 funds.
160 (c) Failure to transfer at the appropriate time, due to
161 lack of funds:
162 1. Taxes withheld on the income of employees; or
163 2. Employer and employee contributions for:
164 a. Federal social security; or
165 b. Any pension, retirement, or benefit plan of an employee.
166 (d) Failure for one pay period to pay, due to lack of
167 funds:
168 1. Wages and salaries owed to employees; or
169 2. Retirement benefits owed to former employees.
170 (e) An unreserved or total fund balance or retained
171 earnings deficit, or unrestricted or total net assets deficit,
172 as reported on the balance sheet or statement of net assets on
173 the general purpose or fund financial statements, for which
174 sufficient resources of the local governmental entity, as
175 reported on the balance sheet or statement of net assets on the
176 general purpose or fund financial statements, are not available
177 to cover the deficit. Resources available to cover reported
178 deficits include net assets that are not otherwise restricted by
179 federal, state, or local laws, bond covenants, contractual
180 agreements, or other legal constraints. Fixed or capital assets,
181 the disposal of which would impair the ability of a local
182 governmental entity to carry out its functions, are not
183 considered resources available to cover reported deficits.
184 (2) A local governmental entity shall notify the Governor
185 and the Legislative Auditing Committee, a charter school shall
186 notify the charter school sponsor, the Commissioner of
187 Education, and the Legislative Auditing Committee, a charter
188 technical career center shall notify the charter technical
189 career center sponsor, the Commissioner of Education, and the
190 Legislative Auditing Committee, and a district school board
191 shall notify the Commissioner of Education and the Legislative
192 Auditing Committee, when one or more of the conditions specified
193 in subsection (1) have occurred or will occur if action is not
194 taken to assist the local governmental entity, charter school,
195 charter technical career center, or district school board. In
196 addition, any state agency must, within 30 days after a
197 determination that one or more of the conditions specified in
198 subsection (1) have occurred or will occur if action is not
199 taken to assist the local governmental entity, charter school,
200 charter technical career center, or district school board,
201 notify the Governor, charter school sponsor, charter technical
202 career center sponsor, or the Commissioner of Education, as
203 appropriate, and the Legislative Auditing Committee.
204 (3) Upon notification that one or more of the conditions in
205 subsection (1) have occurred or will occur if action is not
206 taken to assist the local governmental entity or district school
207 board exist, the Governor or his or her designee shall contact
208 the local governmental entity or the Commissioner of Education
209 or his or her designee shall contact the district school board
210 to determine what actions have been taken by the local
211 governmental entity or the district school board to resolve or
212 prevent the condition. The Governor or the Commissioner of
213 Education, as appropriate, shall determine whether the local
214 governmental entity or the district school board needs state
215 assistance to resolve or prevent the condition. If state
216 assistance is needed, the local governmental entity or district
217 school board is considered to be in a state of financial
218 emergency. The Governor or the Commissioner of Education, as
219 appropriate, has the authority to implement measures as set
220 forth in ss. 218.50-218.504 to assist the local governmental
221 entity or district school board in resolving the financial
222 emergency. Such measures may include, but are not limited to:
223 (a) Requiring approval of the local governmental entity's
224 budget by the Governor or approval of the district school
225 board's budget by the Commissioner of Education.
226 (b) Authorizing a state loan to a local governmental entity
227 and providing for repayment of same.
228 (c) Prohibiting a local governmental entity or district
229 school board from issuing bonds, notes, certificates of
230 indebtedness, or any other form of debt until such time as it is
231 no longer subject to this section.
232 (d) Making such inspections and reviews of records,
233 information, reports, and assets of the local governmental
234 entity or district school board. The appropriate local officials
235 shall cooperate in such inspections and reviews.
236 (e) Consulting with officials and auditors of the local
237 governmental entity or the district school board and the
238 appropriate state officials regarding any steps necessary to
239 bring the books of account, accounting systems, financial
240 procedures, and reports into compliance with state requirements.
241 (f) Providing technical assistance to the local
242 governmental entity or the district school board.
243 (g)1. Establishing a financial emergency board to oversee
244 the activities of the local governmental entity or the district
245 school board. If a financial emergency board is established for
246 a local governmental entity, the Governor shall appoint board
247 members and select a chair. If a financial emergency board is
248 established for a district school board, the State Board of
249 Education shall appoint board members and select a chair. The
250 financial emergency board shall adopt such rules as are
251 necessary for conducting board business. The board may:
252 a. Make such reviews of records, reports, and assets of the
253 local governmental entity or the district school board as are
254 needed.
255 b. Consult with officials and auditors of the local
256 governmental entity or the district school board and the
257 appropriate state officials regarding any steps necessary to
258 bring the books of account, accounting systems, financial
259 procedures, and reports of the local governmental entity or the
260 district school board into compliance with state requirements.
261 c. Review the operations, management, efficiency,
262 productivity, and financing of functions and operations of the
263 local governmental entity or the district school board.
264 2. The recommendations and reports made by the financial
265 emergency board must be submitted to the Governor for local
266 governmental entities or to the Commissioner of Education and
267 the State Board of Education for district school boards for
268 appropriate action.
269 (h) Requiring and approving a plan, to be prepared by
270 officials of the local governmental entity or the district
271 school board in consultation with the appropriate state
272 officials, prescribing actions that will cause the local
273 governmental entity or district school board to no longer be
274 subject to this section. The plan must include, but need not be
275 limited to:
276 1. Provision for payment in full of obligations outlined in
277 subsection (1), designated as priority items, that are currently
278 due or will come due.
279 2. Establishment of priority budgeting or zero-based
280 budgeting in order to eliminate items that are not affordable.
281 3. The prohibition of a level of operations which can be
282 sustained only with nonrecurring revenues.
283 (4)(a) Upon notification that one or more of the conditions
284 in subsection (1) have occurred or will occur if action is not
285 taken to assist the charter school exist, the charter school
286 sponsor or the sponsor's designee and the Commissioner of
287 Education shall contact the charter school governing body to
288 determine what actions have been taken by the charter school
289 governing body to resolve or prevent the condition. The
290 Commissioner of Education charter school sponsor has the
291 authority to require and approve a financial recovery plan, to
292 be prepared by the charter school governing body, prescribing
293 actions that will resolve or prevent the condition cause the
294 charter school to no longer be subject to this section. The
295 Department of Education shall establish guidelines for
296 developing such plans.
297 (b) Upon notification that one or more of the conditions in
298 subsection (1) have occurred or will occur if action is not
299 taken to assist the charter technical career center, the charter
300 technical career center sponsor or the sponsor's designee and
301 the Commissioner of Education shall contact the charter
302 technical career center governing body to determine what actions
303 have been taken by the governing body to resolve or prevent the
304 condition. The Commissioner of Education may require and approve
305 a financial recovery plan, to be prepared by the charter
306 technical career center governing body, prescribing actions that
307 will resolve or prevent the condition.
308 (c) The Commissioner of Education shall determine if the
309 charter school or charter technical career center needs a
310 financial recovery plan to resolve the condition. If the
311 Commissioner of Education determines that a financial recovery
312 plan is needed, the charter school or charter technical career
313 center is considered to be in a state of financial emergency.
314 The Department of Education, with the involvement of sponsors,
315 charter schools, and charter technical career centers, shall
316 establish guidelines for developing a financial recovery plan.
317 Section 6. Section 218.504, Florida Statutes, is amended to
318 read:
319 218.504 Cessation of state action.—The Governor or the
320 Commissioner of Education, as appropriate, has the authority to
321 terminate all state actions pursuant to ss. 218.50-218.504.
322 Cessation of state action must not occur until the Governor or
323 the Commissioner of Education, as appropriate, has determined
324 that:
325 (1) The local governmental entity, charter school, charter
326 technical career center, or district school board:
327 (a) Has established and is operating an effective financial
328 accounting and reporting system.
329 (b) Has resolved the conditions outlined in s. 218.503(1).
330 (2) None of the conditions outlined in s. 218.503(1)
331 exists.
332 Section 7. Paragraph (b) of subsection (5), paragraphs (a),
333 (b), and (g) of subsection (6), paragraph (a) of subsection (7),
334 paragraph (d) of subsection (8), paragraphs (g) through (q) of
335 subsection (9), and subsections (16), (17), (21), and (23) of
336 section 1002.33, Florida Statutes, are amended, present
337 subsection (24) of that section is redesignated as subsection
338 (26), and new subsections (24) and (25) are added to that
339 section, to read:
340 1002.33 Charter schools.—
341 (5) SPONSOR; DUTIES.—
342 (b) Sponsor duties.—
343 1.a. The sponsor shall monitor and review the charter
344 school in its progress toward the goals established in the
345 charter.
346 b. The sponsor shall monitor the revenues and expenditures
347 of the charter school and perform the duties provided in s.
348 1002.345.
349 c. The sponsor may approve a charter for a charter school
350 before the applicant has secured space, equipment, or personnel,
351 if the applicant indicates approval is necessary for it to raise
352 working funds.
353 d. The sponsor's policies shall not apply to a charter
354 school unless mutually agreed to by both the sponsor and the
355 charter school.
356 e. The sponsor shall ensure that the charter is innovative
357 and consistent with the state education goals established by s.
358 1000.03(5).
359 f. The sponsor shall ensure that the charter school
360 participates in the state's education accountability system. If
361 a charter school falls short of performance measures included in
362 the approved charter, the sponsor shall report such shortcomings
363 to the Department of Education.
364 g. The sponsor shall not be liable for civil damages under
365 state law for personal injury, property damage, or death
366 resulting from an act or omission of an officer, employee,
367 agent, or governing body of the charter school.
368 h. The sponsor shall not be liable for civil damages under
369 state law for any employment actions taken by an officer,
370 employee, agent, or governing body of the charter school.
371 i. The sponsor's duties to monitor the charter school shall
372 not constitute the basis for a private cause of action.
373 j. The sponsor shall not impose additional reporting
374 requirements on a charter school without providing reasonable
375 and specific justification in writing to the charter school.
376 2. Immunity for the sponsor of a charter school under
377 subparagraph 1. applies only with respect to acts or omissions
378 not under the sponsor's direct authority as described in this
379 section.
380 3. Nothing contained in This paragraph does not waive shall
381 be considered a waiver of sovereign immunity by a district
382 school board’s sovereign immunity board.
383 4. A community college may work with the school district or
384 school districts in its designated service area to develop
385 charter schools that offer secondary education. These charter
386 schools must include an option for students to receive an
387 associate degree upon high school graduation. District school
388 boards shall cooperate with and assist the community college on
389 the charter application. Community college applications for
390 charter schools are not subject to the time deadlines outlined
391 in subsection (6) and may be approved by the district school
392 board at any time during the year. Community colleges may shall
393 not report FTE for any students who receive FTE funding through
394 the Florida Education Finance Program.
395 (6) APPLICATION PROCESS AND REVIEW.—Charter school
396 applications are subject to the following requirements:
397 (a) A person or entity wishing to open a charter school
398 shall prepare and submit an application on a model application
399 form prepared by the Department of Education, in conjunction
400 with the Florida Schools of Excellence Commission, which that:
401 1. Demonstrates how the school will use the guiding
402 principles and meet the statutorily defined purpose of a charter
403 school.
404 2. Provides a detailed curriculum plan that illustrates how
405 students will be provided services to attain the Sunshine State
406 Standards.
407 3. Contains goals and objectives for improving student
408 learning and measuring that improvement. These goals and
409 objectives must indicate how much academic improvement students
410 are expected to show each year, how success will be evaluated,
411 and the specific results to be attained through instruction.
412 4. Describes the reading curriculum and differentiated
413 strategies that will be used for students reading at grade level
414 or higher and a separate curriculum and strategies for students
415 who are reading below grade level. A sponsor shall deny a
416 charter if the school does not propose a reading curriculum that
417 is consistent with effective teaching strategies that are
418 grounded in scientifically based reading research.
419 5. Contains an annual financial plan for each year
420 requested by the charter for operation of the school for up to 5
421 years. This plan must contain anticipated fund balances based on
422 revenue projections, a spending plan based on projected revenues
423 and expenses, and a description of controls that will safeguard
424 finances and projected enrollment trends.
425 6. Documents that the applicant has participated in the
426 training required in subparagraph (g)2. A sponsor may require an
427 applicant to provide additional information as an addendum to
428 the charter school application described in this paragraph.
429 (b) A sponsor shall receive and review all applications for
430 a charter school using an evaluation instrument developed by the
431 Department of Education. A sponsor may require an applicant to
432 provide additional information as an addendum to this evaluation
433 instrument. Beginning with the 2007-2008 school year, a sponsor
434 shall receive and consider charter school applications received
435 on or before August 1 of each calendar year for charter schools
436 to be opened at the beginning of the school district's next
437 school year, or to be opened at a time agreed to by the
438 applicant and the sponsor. A sponsor may receive applications
439 later than this date if it chooses. A sponsor may not charge an
440 applicant for a charter any fee for the processing or
441 consideration of an application, and a sponsor may not base its
442 consideration or approval of an application upon the promise of
443 future payment of any kind.
444 1. In order to facilitate an accurate budget projection
445 process, a sponsor shall be held harmless for FTE students who
446 are not included in the FTE projection due to approval of
447 charter school applications after the FTE projection deadline.
448 In a further effort to facilitate an accurate budget projection,
449 within 15 calendar days after receipt of a charter school
450 application, a sponsor shall report to the Department of
451 Education the name of the applicant entity, the proposed charter
452 school location, and its projected FTE.
453 2. In order to ensure fiscal responsibility, an application
454 for a charter school shall include a full accounting of expected
455 assets, a projection of expected sources and amounts of income,
456 including income derived from projected student enrollments and
457 from community support, and an expense projection that includes
458 full accounting of the costs of operation, including start-up
459 costs.
460 3. A sponsor shall by a majority vote approve or deny an
461 application no later than 60 calendar days after the application
462 is received, unless the sponsor and the applicant mutually agree
463 in writing to temporarily postpone the vote to a specific date,
464 at which time the sponsor shall by a majority vote approve or
465 deny the application. If the sponsor fails to act on the
466 application, an applicant may appeal to the State Board of
467 Education as provided in paragraph (c). If an application is
468 denied, the sponsor shall, within 10 calendar days after such
469 denial, articulate in writing the specific reasons, based upon
470 good cause, supporting its denial of the charter application and
471 shall provide the letter of denial and supporting documentation
472 to the applicant and to the Department of Education supporting
473 those reasons.
474 4. For budget projection purposes, the sponsor shall report
475 to the Department of Education the approval or denial of a
476 charter application within 10 calendar days after such approval
477 or denial. In the event of approval, the report to the
478 Department of Education shall include the final projected FTE
479 for the approved charter school.
480 5. Upon approval of a charter application, the initial
481 startup shall commence with the beginning of the public school
482 calendar for the district in which the charter is granted unless
483 the sponsor allows a waiver of this subparagraph provision for
484 good cause.
485 (g)1. The Department of Education shall offer or arrange
486 for training and technical assistance to charter school
487 applicants in developing business plans and estimating costs and
488 income. This assistance shall address estimating startup costs,
489 projecting enrollment, and identifying the types and amounts of
490 state and federal financial assistance the charter school may
491 will be eligible to receive. The department may provide other
492 technical assistance to an applicant upon written request.
493 2. A charter school applicant must participate in the
494 training provided by the Department of Education before filing
495 an application. However, a sponsor may require the charter
496 school applicant to attend training provided by the sponsor in
497 lieu of the department's training if the sponsor's training
498 standards meet or exceed the standards developed by the
499 Department of Education. The training shall include instruction
500 in accurate financial planning and good business practices. If
501 the applicant is a management company or other nonprofit
502 organization, the charter school principal and the chief
503 financial officer must also participate in the training.
504 (7) CHARTER.—The major issues involving the operation of a
505 charter school shall be considered in advance and written into
506 the charter. The charter shall be signed by the governing body
507 of the charter school and the sponsor, following a public
508 hearing to ensure community input.
509 (a) The charter shall address, and criteria for approval of
510 the charter shall be based on:
511 1. The school's mission, the students to be served, and the
512 ages and grades to be included.
513 2. The focus of the curriculum, the instructional methods
514 to be used, any distinctive instructional techniques to be
515 employed, and identification and acquisition of appropriate
516 technologies needed to improve educational and administrative
517 performance which include a means for promoting safe, ethical,
518 and appropriate uses of technology which comply with legal and
519 professional standards. The charter shall ensure that reading is
520 a primary focus of the curriculum and that resources are
521 provided to identify and provide specialized instruction for
522 students who are reading below grade level. The curriculum and
523 instructional strategies for reading must be consistent with the
524 Sunshine State Standards and grounded in scientifically based
525 reading research.
526 3. The current incoming baseline standard of student
527 academic achievement, the outcomes to be achieved, and the
528 method of measurement that will be used. The criteria listed in
529 this subparagraph shall include a detailed description for each
530 of the following:
531 a. How the baseline student academic achievement levels and
532 prior rates of academic progress will be established.
533 b. How these baseline rates will be compared to rates of
534 academic progress achieved by these same students while
535 attending the charter school.
536 c. To the extent possible, how these rates of progress will
537 be evaluated and compared with rates of progress of other
538 closely comparable student populations.
539 The district school board is required to provide academic
540 student performance data to charter schools for each of their
541 students coming from the district school system, as well as
542 rates of academic progress of comparable student populations in
543 the district school system.
544 4. The methods used to identify the educational strengths
545 and needs of students and how well educational goals and
546 performance standards are met by students attending the charter
547 school. Included in The methods shall provide is a means for the
548 charter school to ensure accountability to its constituents by
549 analyzing student performance data and by evaluating the
550 effectiveness and efficiency of its major educational programs.
551 Students in charter schools shall, at a minimum, participate in
552 the statewide assessment program created under s. 1008.22.
553 5. In secondary charter schools, a method for determining
554 that a student has satisfied the requirements for graduation in
555 s. 1003.43.
556 6. A method for resolving conflicts between the governing
557 body of the charter school and the sponsor.
558 7. The admissions procedures and dismissal procedures,
559 including the school's code of student conduct.
560 8. The ways by which the school will achieve a
561 racial/ethnic balance reflective of the community it serves or
562 within the racial/ethnic range of other public schools in the
563 same school district.
564 9. The financial and administrative management of the
565 school, including a reasonable demonstration of the professional
566 experience or competence of those individuals or organizations
567 applying to operate the charter school or those hired or
568 retained to perform such professional services and the
569 description of clearly delineated responsibilities and the
570 policies and practices needed to effectively manage the charter
571 school. A description of internal audit procedures and
572 establishment of controls to ensure that financial resources are
573 properly managed must be included. Both public sector and
574 private sector professional experience shall be equally valid in
575 such a consideration.
576 10. The asset and liability projections required in the
577 application which are incorporated into the charter and which
578 shall be compared with information provided in the annual report
579 of the charter school. The charter shall ensure that, if a
580 charter school internal audit or annual financial audit reveals
581 a state of financial emergency as defined in s. 218.503 or
582 deficit financial position, the auditors are required to notify
583 the charter school governing board, the sponsor, and the
584 Department of Education. The internal auditor shall report such
585 findings in the form of an exit interview to the principal or
586 the principal administrator of the charter school and the chair
587 of the governing board within 7 working days after finding the
588 state of financial emergency or deficit position. A final report
589 shall be provided to the entire governing board, the sponsor,
590 and the Department of Education within 14 working days after the
591 exit interview. When a charter school is in a state of financial
592 emergency, the charter school shall file a detailed financial
593 recovery plan with the sponsor. The department, with the
594 involvement of both sponsors and charter schools, shall
595 establish guidelines for developing such plans.
596 11. A description of procedures that identify various risks
597 and provide for a comprehensive approach to reduce the impact of
598 losses; plans to ensure the safety and security of students and
599 staff; plans to identify, minimize, and protect others from
600 violent or disruptive student behavior; and the manner in which
601 the school will be insured, including whether or not the school
602 will be required to have liability insurance, and, if so, the
603 terms and conditions thereof and the amounts of coverage.
604 12. The term of the charter which shall provide for
605 cancellation of the charter if insufficient progress has been
606 made in attaining the student achievement objectives of the
607 charter and if it is not likely that such objectives can be
608 achieved before expiration of the charter. The initial term of a
609 charter shall be for 4 or 5 years. In order to facilitate access
610 to long-term financial resources for charter school
611 construction, charter schools that are operated by a
612 municipality or other public entity as provided by law are
613 eligible for up to a 15-year charter, subject to approval by the
614 district school board. A charter lab school is eligible for a
615 charter for a term of up to 15 years. In addition, to facilitate
616 access to long-term financial resources for charter school
617 construction, charter schools that are operated by a private,
618 not-for-profit, s. 501(c)(3) status corporation are eligible for
619 up to a 15-year charter, subject to approval by the district
620 school board. Such long-term charters remain subject to annual
621 review and may be terminated during the term of the charter, but
622 only according to the provisions set forth in subsection (8).
623 13. The facilities to be used and their location.
624 14. The qualifications to be required of the teachers and
625 the potential strategies used to recruit, hire, train, and
626 retain qualified staff to achieve best value.
627 15. The governance structure of the school, including the
628 status of the charter school as a public or private employer as
629 required in paragraph (12)(i).
630 16. A timetable for implementing the charter which
631 addresses the implementation of each element thereof and the
632 date by which the charter shall be awarded in order to meet this
633 timetable.
634 17. In the case of an existing public school that is being
635 converted to charter status, alternative arrangements for
636 current students who choose not to attend the charter school and
637 for current teachers who choose not to teach in the charter
638 school after conversion in accordance with the existing
639 collective bargaining agreement or district school board rule in
640 the absence of a collective bargaining agreement. However,
641 alternative arrangements shall not be required for current
642 teachers who choose not to teach in a charter lab school, except
643 as authorized by the employment policies of the state university
644 which grants the charter to the lab school.
645 18. Full disclosure of the identity of all relatives
646 employed by the charter school who are related to the charter
647 school owner, president, chairperson of the governing board of
648 directors, superintendent, governing board member, principal,
649 assistant principal, or any other person employed by the charter
650 school who has equivalent decisionmaking authority. For the
651 purpose of this subparagraph, the term “relative” means father,
652 mother, son, daughter, brother, sister, uncle, aunt, first
653 cousin, nephew, niece, husband, wife, father-in-law, mother-in
654 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
655 stepfather, stepmother, stepson, stepdaughter, stepbrother,
656 stepsister, half brother, or half sister.
657 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
658 (d) A charter may be terminated immediately if the sponsor
659 determines that good cause has been shown or if the health,
660 safety, or welfare of the students is threatened. The sponsor's
661 determination is not subject to an informal hearing under
662 paragraph (b) or pursuant to chapter 120. The sponsor shall
663 notify in writing the charter school's governing body, the
664 charter school principal, and the department if a charter is
665 immediately terminated. The sponsor shall clearly identify the
666 specific issues that resulted in the immediate termination and
667 provide evidence of prior notification of issues resulting in
668 the immediate termination when appropriate. The school district
669 in which the charter school is located shall assume operation of
670 the school under these circumstances. The charter school's
671 governing board may, within 30 days after receiving the
672 sponsor's decision to terminate the charter, appeal the decision
673 pursuant to the procedure established in subsection (6).
674 (9) CHARTER SCHOOL REQUIREMENTS.—
675 (g) A charter school shall provide for an annual financial
676 audit in accordance with s. 218.39. Financial audits that reveal
677 a state of financial emergency as defined in s. 218.503 and are
678 conducted by a certified public accountant or auditor in
679 accordance with s. 218.39 shall be provided to the governing
680 body of the charter school within 7 working days after finding
681 that a state of financial emergency exists. When a charter
682 school is found to be in a state of financial emergency by a
683 certified public accountant or auditor, the charter school must
684 file a detailed financial recovery plan with the sponsor within
685 30 days after receipt of the audit.
686 (g)(h) In order to provide financial information that is
687 comparable to that reported for other public schools, charter
688 schools are to maintain all financial records that which
689 constitute their accounting system:
690 1. In accordance with the accounts and codes prescribed in
691 the most recent issuance of the publication titled “Financial
692 and Program Cost Accounting and Reporting for Florida Schools”;
693 or
694 2. At the discretion of the charter school governing board,
695 a charter school may elect to follow generally accepted
696 accounting standards for not-for-profit organizations, but must
697 reformat this information for reporting according to this
698 paragraph.
699 Charter schools shall provide annual financial report and
700 program cost report information in the state-required formats
701 for inclusion in district reporting in compliance with s.
702 1011.60(1). Charter schools that are operated by a municipality
703 or are a component unit of a parent nonprofit organization may
704 use the accounting system of the municipality or the parent but
705 must reformat this information for reporting according to this
706 paragraph. A charter school shall provide a monthly financial
707 statement to the sponsor. The monthly financial statement shall
708 be in a form prescribed by the Department of Education.
709 (h)(i) The governing board of the charter school shall
710 annually adopt and maintain an operating budget.
711 (i)(j) The governing body of the charter school shall
712 exercise continuing oversight over charter school operations.
713 (j)(k) The governing body of the charter school shall be
714 responsible for:
715 1. Ensuring that the charter school has retained the
716 services of a certified public accountant or auditor for the
717 annual financial audit, pursuant to s. 1002.345(2) paragraph
718 (g), who shall submit the report to the governing body.
719 2. Reviewing and approving the audit report, including
720 audit findings and recommendations for the financial recovery
721 plan.
722 3.a. Performing the duties in s. 1002.345, including
723 monitoring a corrective action plan.
724 b. Monitoring a financial recovery plan in order to ensure
725 compliance.
726 4. Participating in governance training approved by the
727 department which that must include government in the sunshine,
728 conflicts of interest, ethics, and financial responsibility.
729 (k)(l) The governing body of the charter school shall
730 report its progress annually to its sponsor, which shall forward
731 the report to the Commissioner of Education at the same time as
732 other annual school accountability reports. The Department of
733 Education shall develop a uniform, online annual accountability
734 report to be completed by charter schools. This report shall be
735 easy to utilize and contain demographic information, student
736 performance data, and financial accountability information. A
737 charter school shall not be required to provide information and
738 data that is duplicative and already in the possession of the
739 department. The Department of Education shall include in its
740 compilation a notation if a school failed to file its report by
741 the deadline established by the department. The report shall
742 include at least the following components:
743 1. Student achievement performance data, including the
744 information required for the annual school report and the
745 education accountability system governed by ss. 1008.31 and
746 1008.345. Charter schools are subject to the same accountability
747 requirements as other public schools, including reports of
748 student achievement information that links baseline student data
749 to the school's performance projections identified in the
750 charter. The charter school shall identify reasons for any
751 difference between projected and actual student performance.
752 2. Financial status of the charter school which must
753 include revenues and expenditures at a level of detail that
754 allows for analysis of the charter school's ability to meet
755 financial obligations and timely repayment of debt.
756 3. Documentation of the facilities in current use and any
757 planned facilities for use by the charter school for instruction
758 of students, administrative functions, or investment purposes.
759 4. Descriptive information about the charter school's
760 personnel, including salary and benefit levels of charter school
761 employees, the proportion of instructional personnel who hold
762 professional or temporary certificates, and the proportion of
763 instructional personnel teaching in-field or out-of-field.
764 (l)(m) A charter school shall not levy taxes or issue bonds
765 secured by tax revenues.
766 (m)(n) A charter school shall provide instruction for at
767 least the number of days required by law for other public
768 schools, and may provide instruction for additional days.
769 (n)(o) The director and a representative of the governing
770 body of a charter school that has received a school grade of “D”
771 under s. 1008.34(2) shall appear before the sponsor or the
772 sponsor's staff at least once a year to present information
773 concerning each contract component having noted deficiencies.
774 The sponsor shall communicate at the meeting, and in writing to
775 the director, the services provided to the school to help the
776 school address its deficiencies.
777 (o)(p) Upon notification that a charter school receives a
778 school grade of “D” for 2 consecutive years or a school grade of
779 “F” under s. 1008.34(2), the charter school sponsor or the
780 sponsor's staff shall require the director and a representative
781 of the governing body to submit to the sponsor for approval a
782 school improvement plan to raise student achievement and to
783 implement the plan. The sponsor has the authority to approve a
784 school improvement plan that the charter school will implement
785 in the following school year. The sponsor may also consider the
786 State Board of Education's recommended action pursuant to s.
787 1008.33(1) as part of the school improvement plan. The
788 Department of Education shall offer technical assistance and
789 training to the charter school and its governing body and
790 establish guidelines for developing, submitting, and approving
791 such plans.
792 1. If the charter school fails to improve its student
793 performance from the year immediately prior to the
794 implementation of the school improvement plan, the sponsor shall
795 place the charter school on probation and shall require the
796 charter school governing body to take one of the following
797 corrective actions:
798 a. Contract for the educational services of the charter
799 school;
800 b. Reorganize the school at the end of the school year
801 under a new director or principal who is authorized to hire new
802 staff and implement a plan that addresses the causes of
803 inadequate progress; or
804 c. Reconstitute the charter school.
805 2. A charter school that is placed on probation shall
806 continue the corrective actions required under subparagraph 1.
807 until the charter school improves its student performance from
808 the year prior to the implementation of the school improvement
809 plan.
810 3. Notwithstanding any provision of this paragraph, the
811 sponsor may terminate the charter at any time pursuant to the
812 provisions of subsection (8).
813 (p)(q) The director and a representative of the governing
814 body of a graded charter school that has submitted a school
815 improvement plan or has been placed on probation under paragraph
816 (o) (p) shall appear before the sponsor or the sponsor's staff
817 at least once a year to present information regarding the
818 corrective strategies that are being implemented by the school
819 pursuant to the school improvement plan. The sponsor shall
820 communicate at the meeting, and in writing to the director, the
821 services provided to the school to help the school address its
822 deficiencies.
823 (16) EXEMPTION FROM STATUTES.—
824 (a) A charter school shall operate in accordance with its
825 charter and shall be exempt from all statutes in chapters 1000
826 1013. However, a charter school shall be in compliance with the
827 following statutes in chapters 1000-1013:
828 1. Those statutes specifically applying to charter schools,
829 including this section.
830 2. Those statutes pertaining to the student assessment
831 program and school grading system.
832 3. Those statutes pertaining to the provision of services
833 to students with disabilities.
834 4. Those statutes pertaining to civil rights, including s.
835 1000.05, relating to discrimination.
836 5. Those statutes pertaining to student health, safety, and
837 welfare.
838 6. Those statutes pertaining to the constitutional class
839 size maximums pursuant to s. 1, Art. IX of the State
840 Constitution, including s. 1003.03.
841 (b) Additionally, a charter school shall be in compliance
842 with the following statutes:
843 1. Section 286.011, relating to public meetings and
844 records, public inspection, and criminal and civil penalties.
845 2. Chapter 119, relating to public records.
846 (17) FUNDING.—Students enrolled in a charter school,
847 regardless of the sponsorship, shall be funded as if they are in
848 a basic program or a special program, the same as students
849 enrolled in other public schools in the school district. Funding
850 for a charter lab school shall be as provided in s. 1002.32.
851 Beginning in the 2010-2011 school year, the maximum number of
852 students eligible to be funded in any core-curricula classroom
853 of any charter school shall be the maximum number prescribed in
854 s. 1, Art. IX of the State Constitution.
855 (a) Each charter school shall report its student enrollment
856 to the sponsor as required in s. 1011.62, and in accordance with
857 the definitions in s. 1011.61. The sponsor shall include each
858 charter school's enrollment in the district's report of student
859 enrollment. All charter schools submitting student record
860 information required by the Department of Education shall comply
861 with the Department of Education's guidelines for electronic
862 data formats for such data, and all districts shall accept
863 electronic data that complies with the Department of Education's
864 electronic format.
865 (b) The basis for the agreement for funding students
866 enrolled in a charter school shall be the sum of the school
867 district's operating funds from the Florida Education Finance
868 Program as provided in s. 1011.62 and the General Appropriations
869 Act, including gross state and local funds, discretionary
870 lottery funds, and funds from the school district's current
871 operating discretionary millage levy; divided by total funded
872 weighted full-time equivalent students in the school district;
873 multiplied by the weighted full-time equivalent students for the
874 charter school. Charter schools whose students or programs meet
875 the eligibility criteria in law shall be entitled to their
876 proportionate share of categorical program funds included in the
877 total funds available in the Florida Education Finance Program
878 by the Legislature, including transportation. Total funding for
879 each charter school shall be recalculated during the year to
880 reflect the revised calculations under the Florida Education
881 Finance Program by the state and the actual weighted full-time
882 equivalent students reported by the charter school during the
883 full-time equivalent student survey periods designated by the
884 Commissioner of Education.
885 (c) If the district school board is providing programs or
886 services to students funded by federal funds, any eligible
887 students enrolled in charter schools in the school district
888 shall be provided federal funds for the same level of service
889 provided students in the schools operated by the district school
890 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
891 charter schools shall receive all federal funding for which the
892 school is otherwise eligible, including Title I funding, not
893 later than 5 months after the charter school first opens and
894 within 5 months after any subsequent expansion of enrollment.
895 (d) District school boards shall make timely and efficient
896 payment and reimbursement to charter schools, including
897 processing paperwork required to access special state and
898 federal funding for which they may be eligible. The district
899 school board may distribute funds to a charter school for up to
900 3 months based on the projected full-time equivalent student
901 membership of the charter school. Thereafter, the results of
902 full-time equivalent student membership surveys shall be used in
903 adjusting the amount of funds distributed monthly to the charter
904 school for the remainder of the fiscal year. The payment shall
905 be issued no later than 10 working days after the district
906 school board receives a distribution of state or federal funds.
907 If a warrant for payment is not issued within 10 working days
908 after receipt of funding by the district school board, the
909 school district shall pay to the charter school, in addition to
910 the amount of the scheduled disbursement, interest at a rate of
911 1 percent per month calculated on a daily basis on the unpaid
912 balance from the expiration of the 10 working days until such
913 time as the warrant is issued.
914 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
915 (a) The Department of Education shall provide information
916 to the public, directly and through sponsors, both on how to
917 form and operate a charter school and on how to enroll in a
918 charter school schools once it is they are created. This
919 information shall include a standard application format, charter
920 format, evaluation instrument, and charter renewal format, which
921 shall include the information specified in subsection (7) and
922 shall be developed by consulting and negotiating with both
923 school districts, the Florida Schools of Excellence Commission,
924 and charter schools before implementation. The charter and
925 charter renewal These formats shall be used as guidelines by
926 charter school sponsors.
927 (b)1. The Department of Education shall report student
928 assessment data pursuant to s. 1008.34(3)(c) which is reported
929 to schools that receive a school grade or student assessment
930 data pursuant to s. 1008.341(3) which is reported to alternative
931 schools that receive a school improvement rating to each charter
932 school that:
933 a. Does not receive a school grade pursuant to s. 1008.34
934 or a school improvement rating pursuant to s. 1008.341; and
935 b. Serves at least 10 students who are tested on the
936 statewide assessment test pursuant to s. 1008.22.
937 2. The charter school shall report the information in
938 subparagraph 1. to each parent of a student at the charter
939 school, the parent of a child on a waiting list for the charter
940 school, the district in which the charter school is located, and
941 the governing board of the charter school. This paragraph does
942 not abrogate the provisions of s. 1002.22, relating to student
943 records, or the requirements of 20 U.S.C. s. 1232g, the Family
944 Educational Rights and Privacy Act.
945 3.a. Pursuant to this paragraph, the Department of
946 Education shall compare the charter school student performance
947 data for each charter school in subparagraph 1. with the student
948 performance data in traditional public schools in the district
949 in which the charter school is located and other charter schools
950 in the state. For alternative charter schools, the department
951 shall compare the student performance data described in this
952 paragraph with all alternative schools in the state. The
953 comparative data shall be provided by the following grade
954 groupings:
955 (I) Grades 3 through 5;
956 (II) Grades 6 through 8; and
957 (III) Grades 9 through 11.
958 b. Each charter school shall provide the information
959 specified in this paragraph on its Internet website and also
960 provide notice to the public at large in a manner provided by
961 the rules of the State Board of Education. The State Board of
962 Education shall adopt rules to administer the notice
963 requirements of this subparagraph pursuant to ss. 120.536(1) and
964 120.54. The website shall include, through links or actual
965 content, other information related to school performance.
966 (23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon receipt
967 of the annual report required by paragraph (9)(k) (9)(l), the
968 Department of Education shall provide to the State Board of
969 Education, the Commissioner of Education, the Governor, the
970 President of the Senate, and the Speaker of the House of
971 Representatives an analysis and comparison of the overall
972 performance of charter school students, to include all students
973 whose scores are counted as part of the statewide assessment
974 program, versus comparable public school students in the
975 district as determined by the statewide assessment program
976 currently administered in the school district, and other
977 assessments administered pursuant to s. 1008.22(3).
978 (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
979 (a) This subsection applies to charter school personnel in
980 a charter school operated by a private entity. As used in this
981 subsection, the term:
982 1. “Charter school personnel” means a charter school owner,
983 president, chairperson of the governing board of directors,
984 superintendent, governing board member, principal, assistant
985 principal, or any other person employed by the charter school
986 who has equivalent decisionmaking authority and in whom is
987 vested the authority, or to whom the authority has been
988 delegated, to appoint, employ, promote, or advance individuals
989 or to recommend individuals for appointment, employment,
990 promotion, or advancement in connection with employment in a
991 charter school, including the authority as a member of a
992 governing body of a charter school to vote on the appointment,
993 employment, promotion, or advancement of individuals.
994 2. “Relative” means father, mother, son, daughter, brother,
995 sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
996 father-in-law, mother-in-law, son-in-law, daughter-in-law,
997 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
998 stepdaughter, stepbrother, stepsister, half brother, or half
999 sister.
1000 (b) Charter school personnel may not appoint, employ,
1001 promote, or advance, or advocate for appointment, employment,
1002 promotion, or advancement, in or to a position in the charter
1003 school in which the personnel are serving or over which the
1004 personnel exercises jurisdiction or control any individual who
1005 is a relative. An individual may not be appointed, employed,
1006 promoted, or advanced in or to a position in a charter school if
1007 such appointment, employment, promotion, or advancement has been
1008 advocated by charter school personnel who serve in or exercise
1009 jurisdiction or control over the charter school and who is a
1010 relative of the individual or if such appointment, employment,
1011 promotion, or advancement is made by the governing board of
1012 which a relative of the individual is a member.
1013 (c) The approval of budgets does not constitute
1014 “jurisdiction or control” for the purposes of this subsection.
1015 Charter school personnel in schools operated by a municipality
1016 or other public entity are subject to s. 112.3135.
1017 (25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
1018 (a) A member of a governing board of a charter school,
1019 including a charter school operated by a private entity, is
1020 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
1021 (b) A member of a governing board of a charter school
1022 operated by a municipality or other public entity is subject to
1023 s. 112.3144, which relates to the disclosure of financial
1024 interests.
1025 Section 8. Paragraphs (c), (d), and (h) of subsection (5),
1026 paragraph (a) of subsection (7), paragraph (a) of subsection
1027 (11), and subsection (12) of section 1002.335, Florida Statutes,
1028 are amended to read:
1029 1002.335 Florida Schools of Excellence Commission.—
1030 (5) CHARTERING AUTHORITY.—
1031 (c) For fiscal year 2007-2008 and for each fiscal year
1032 thereafter, a district school board may seek to retain exclusive
1033 authority to authorize charter schools within the geographic
1034 boundaries of the school district by presenting to the State
1035 Board of Education, on or before March 1 of the fiscal year
1036 prior to that for which the exclusive authority is to apply, a
1037 written resolution adopted by the district school board
1038 indicating the intent to seek retain exclusive authority to
1039 authorize charter schools. A district school board may seek to
1040 retain the exclusive authority to authorize charter schools by
1041 presenting to the state board the written resolution on or
1042 before a date 60 days after establishment of the commission. The
1043 written resolution shall be accompanied by a written description
1044 addressing the elements described in paragraph (e). The district
1045 school board shall provide a complete copy of the resolution,
1046 including the description, to each charter school authorized by
1047 the district school board on or before the date it submits the
1048 resolution to the state board.
1049 (d) A party may challenge the grant of exclusive authority
1050 made by the State Board of Education pursuant to paragraph (e)
1051 by filing with the state board a notice of challenge within 30
1052 days after the state board grants initial exclusive authority.
1053 The notice shall be accompanied by a specific written
1054 description of the basis for the challenge. The challenging
1055 party, at the time of filing notice with the state board, shall
1056 provide a copy of the notice of challenge to the district school
1057 board that has been granted exclusive authority. The state board
1058 shall permit the district school board the opportunity to appear
1059 and respond in writing to the challenge. The state board shall
1060 make a determination upon the challenge within 60 days after
1061 receiving the notice of challenge.
1062 (h)1. A grant of exclusive authority by the State Board of
1063 Education shall continue so long as a district school board
1064 continues to comply with this section and has presented a
1065 written resolution to the state board as set forth in paragraph
1066 (c). A district school board that has been granted exclusive
1067 authority is presumed to provide continuous fair and equitable
1068 treatment of the charter schools in its district.
1069 2. A charter school authorized by a district school board
1070 within the previous 4 years may challenge the presumption in
1071 subparagraph 1. by filing a request for a hearing between
1072 January 1 and January 31 of any year. The request for a hearing
1073 must state with specificity the basis for the challenge and must
1074 include a statement certifying that a copy of the request was
1075 provided to the district school board. If a legally sufficient
1076 challenge is filed, the Commissioner of Education shall
1077 designate a hearing officer and refer the matter to the hearing
1078 officer for an informal proceeding. The hearing officer shall
1079 provide findings of fact and conclusions of law to the
1080 Commissioner of Education in the form of a recommended order to
1081 the State Board of Education. The State Board of Education shall
1082 enter a final order before June 30 of any year which determines
1083 whether the district school board continues to provide fair and
1084 equitable treatment to the charter schools in its district.
1085 (7) COSPONSOR AGREEMENT.—
1086 (a) Upon approval of a cosponsor, the commission and the
1087 cosponsor shall enter into an agreement that defines the
1088 cosponsor's rights and obligations and includes the following:
1089 1. An explanation of the personnel, contractual and
1090 interagency relationships, and potential revenue sources
1091 referenced in the application as required in paragraph (6)(c).
1092 2. Incorporation of The requirements of equal access for
1093 all students, including any plans to provide food service or
1094 transportation reasonably necessary to provide access to as many
1095 students as possible.
1096 3. Incorporation of The requirement to serve low-income,
1097 low-performing, gifted, or underserved student populations.
1098 4. An explanation of the academic and financial goals and
1099 expected outcomes for the cosponsor's charter schools and the
1100 method and plans by which they will be measured and achieved as
1101 referenced in the application.
1102 5. The conflict-of-interest policies referenced in the
1103 application.
1104 6. An explanation of the disposition of facilities and
1105 assets upon termination and dissolution of a charter school
1106 approved by the cosponsor.
1107 7.a. A requirement that provision requiring the cosponsor
1108 to annually appear before the commission and provide a report as
1109 to the information provided in s. 1002.33(9)(k) pursuant to s.
1110 1002.33(9)(l) for each of its charter schools.
1111 b. A requirement that the cosponsor perform the duties
1112 provided in s. 1002.345.
1113 c. A requirement that the governing board perform the
1114 duties provided in s. 1002.345, including monitoring the
1115 corrective action plan.
1116 8. A requirement provision requiring that the cosponsor
1117 report the student enrollment in each of its sponsored charter
1118 schools to the district school board of the county in which the
1119 school is located.
1120 9. A requirement provision requiring that the cosponsor
1121 work with the commission to provide the necessary reports to the
1122 State Board of Education.
1123 10. Any other reasonable terms deemed appropriate by the
1124 commission given the unique characteristics of the cosponsor.
1125 (11) APPLICATION OF CHARTER SCHOOL STATUTE.—
1126 (a) The provisions of s. 1002.33(7)-(12), (14), and (16)
1127 (19), (21)(b), (24), and (25) shall apply to the commission and
1128 the cosponsors and charter schools approved pursuant to this
1129 section.
1130 (12) ACCESS TO INFORMATION.—The commission shall provide
1131 maximum access to information to all parents in the state. It
1132 shall maintain information systems, including, but not limited
1133 to, a user-friendly Internet website, that will provide
1134 information and data necessary for parents to make informed
1135 decisions and a link to the information provided in s.
1136 1002.33(21)(b)3.b. At a minimum, the commission must provide
1137 parents with information on its accountability standards, links
1138 to schools of excellence throughout the state, and public
1139 education programs available in the state.
1140 Section 9. Subsections (4) and (5), paragraphs (d) and (f)
1141 of subsection (6), paragraph (c) of subsection (10), paragraph
1142 (f) of subsection (11), and subsection (13) of section 1002.34,
1143 Florida Statutes, are amended to read:
1144 1002.34 Charter technical career centers.—
1145 (4) CHARTER.—A sponsor may designate centers as provided in
1146 this section. An application to establish a center may be
1147 submitted by a sponsor or another organization that is
1148 determined, by rule of the State Board of Education, to be
1149 appropriate. However, an independent school is not eligible for
1150 status as a center. The charter must be signed by the governing
1151 body of the center and the sponsor, and must be approved by the
1152 district school board and community college board of trustees in
1153 whose geographic region the facility is located. If a charter
1154 technical career center is established by the conversion to
1155 charter status of a public technical center formerly governed by
1156 a district school board, the charter status of that center takes
1157 precedence in any question of governance. The governance of the
1158 center or of any program within the center remains with its
1159 board of directors unless the board agrees to a change in
1160 governance or its charter is revoked as provided in subsection
1161 (15). Such a conversion charter technical career center is not
1162 affected by a change in the governance of public technical
1163 centers or of programs within other centers that are or have
1164 been governed by district school boards. A charter technical
1165 career center, or any program within such a center, that was
1166 governed by a district school board and transferred to a
1167 community college prior to the effective date of this act is not
1168 affected by this provision. An applicant who wishes to establish
1169 a center must submit to the district school board or community
1170 college board of trustees, or a consortium of one or more of
1171 each, an application on a form developed by the Department of
1172 Education which that includes:
1173 (a) The name of the proposed center.
1174 (b) The proposed structure of the center, including a list
1175 of proposed members of the board of directors or a description
1176 of the qualifications for and method of their appointment or
1177 election.
1178 (c) The workforce development goals of the center, the
1179 curriculum to be offered, and the outcomes and the methods of
1180 assessing the extent to which the outcomes are met.
1181 (d) The admissions policy and criteria for evaluating the
1182 admission of students.
1183 (e) A description of the staff responsibilities and the
1184 proposed qualifications of the teaching staff.
1185 (f) A description of the procedures to be implemented to
1186 ensure significant involvement of representatives of business
1187 and industry in the operation of the center.
1188 (g) A method for determining whether a student has
1189 satisfied the requirements for graduation specified in s.
1190 1003.43 and for completion of a postsecondary certificate or
1191 degree.
1192 (h) A method for granting secondary and postsecondary
1193 diplomas, certificates, and degrees.
1194 (i) A description of and address for the physical facility
1195 in which the center will be located.
1196 (j) A method for of resolving conflicts between the
1197 governing body of the center and the sponsor and between
1198 consortium members, if applicable.
1199 (k) A method for reporting student data as required by law
1200 and rule.
1201 (l) A statement that the applicant has participated in the
1202 training provided by the Department of Education.
1203 (m) The identity of all relatives employed by the charter
1204 technical career center who are related to the center owner,
1205 president, chairperson of the governing board of directors,
1206 superintendent, governing board member, principal, assistant
1207 principal, or any other person employed by the center who has
1208 equivalent decisionmaking authority. As used in this paragraph,
1209 the term “relative” means father, mother, son, daughter,
1210 brother, sister, uncle, aunt, first cousin, nephew, niece,
1211 husband, wife, father-in-law, mother-in-law, son-in-law,
1212 daughter-in-law, brother-in-law, sister-in-law, stepfather,
1213 stepmother, stepson, stepdaughter, stepbrother, stepsister, half
1214 brother, or half sister.
1215 (m)(l) Other information required by the district school
1216 board or community college board of trustees.
1217 Students at a center must meet the same testing and academic
1218 performance standards as those established by law and rule for
1219 students at public schools and public technical centers. The
1220 students must also meet any additional assessment indicators
1221 that are included within the charter approved by the district
1222 school board or community college board of trustees.
1223 (5) APPLICATION.—An application to establish a center must
1224 be submitted by February 1 of the year preceding the school year
1225 in which the center will begin operation. The sponsor must
1226 review the application using an evaluation instrument developed
1227 by the Department of Education and make a final decision on
1228 whether to approve the application and grant the charter by
1229 March 1, and may condition the granting of a charter on the
1230 center's taking certain actions or maintaining certain
1231 conditions. Such actions and conditions must be provided to the
1232 applicant in writing. The district school board or community
1233 college board of trustees is not required to issue a charter to
1234 any person.
1235 (6) SPONSOR.—A district school board or community college
1236 board of trustees or a consortium of one or more of each may
1237 sponsor a center in the county in which the board has
1238 jurisdiction.
1239 (d)1. The Department of Education shall offer or arrange
1240 for training and technical assistance to applicants in
1241 developing business plans and estimating costs and income. This
1242 assistance shall address estimating startup costs, projecting
1243 enrollment, and identifying the types and amounts of state and
1244 federal financial assistance the center may be eligible to
1245 receive. The training shall include instruction in accurate
1246 financial planning and good business practices.
1247 2. An applicant must participate in the training provided
1248 by the Department of Education before filing an application. The
1249 Department of Education may provide technical assistance to an
1250 applicant upon written request.
1251 (f) The sponsor shall monitor and review the center's
1252 progress toward charter goals and shall monitor the center's
1253 revenues and expenditures. The sponsor shall perform the duties
1254 provided in s. 1002.345.
1255 (10) EXEMPTION FROM STATUTES.—
1256 (c) A center must comply with the antidiscrimination
1257 provisions in of s. 1000.05 and the provisions in s. 1002.33(24)
1258 which relate to the employment of relatives.
1259 (11) FUNDING.—
1260 (f) A center shall provide for an annual financial audit in
1261 accordance with s. 218.39. A center shall provide a monthly
1262 financial statement to the sponsor. The monthly financial
1263 statement shall be in a form prescribed by the Department of
1264 Education.
1265 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
1266 of a center may decide matters relating to the operation of the
1267 school, including budgeting, curriculum, and operating
1268 procedures, subject to the center's charter. The board of
1269 directors is responsible for performing the duties provided in
1270 s. 1002.345, including monitoring the corrective action plan.
1271 The board of directors must comply with s. 1002.33(25).
1272 Section 10. Section 1002.345, Florida Statutes, is created
1273 to read:
1274 1002.345 Determination of deteriorating financial
1275 conditions and financial emergencies for charter schools and
1276 charter technical career centers.—This section applies to
1277 charter schools operating pursuant to ss. 1002.33 and 1002.335
1278 and to charter technical career centers operating pursuant to s.
1279 1002.34.
1280 (1) EXPEDITED REVIEW; REQUIREMENTS.—
1281 (a) A charter school or a charter technical career center
1282 is subject to an expedited review by the sponsor if one of the
1283 following occurs:
1284 1. Failure to provide for an audit required by s. 218.39.
1285 2. Failure to comply with reporting requirements pursuant
1286 to s. 1002.33(9), s. 1002.335(7)(a)7., or s. 1002.34(14).
1287 3. A deteriorating financial condition identified through
1288 an annual audit pursuant to s. 218.39(5) or a monthly financial
1289 statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f).
1290 “Deteriorating financial condition” means a circumstance that
1291 significantly impairs the ability of a charter school or a
1292 charter technical career center to generate enough revenues to
1293 meet its expenditures without causing the occurrence of a
1294 condition described in s. 218.503(1).
1295 4. Notification pursuant to s. 218.503(2) that one or more
1296 of the conditions specified in s. 218.503(1) have occurred or
1297 will occur if action is not taken to assist the charter school
1298 or charter technical career center.
1299 (b) A sponsor shall notify the governing board within 7
1300 business days after one or more of the conditions specified in
1301 paragraph (a) occur.
1302 (c) The governing board and the sponsor shall develop a
1303 corrective action plan and file the plan with the Commissioner
1304 of Education within 30 business days after notification is
1305 received as provided in paragraph (b). If the governing board
1306 and the sponsor are unable to agree on a corrective action plan,
1307 the Commissioner of Education shall determine the components of
1308 the plan. The governing board shall implement such plan.
1309 (d) The governing board shall include the corrective action
1310 plan and the status of its implementation in the annual progress
1311 report to the sponsor which is required pursuant to s.
1312 1002.33(9)(k), s. 1002.335(7)(a)7., or s. 1002.34(14).
1313 (e) If the governing board fails to implement the
1314 corrective action plan within 1 year after one or more of the
1315 conditions specified in paragraph (a) occur, the State Board of
1316 Education shall prescribe any steps necessary for the charter
1317 school or the charter technical career center to comply with
1318 state requirements.
1319 (f) The chair of the governing board shall annually appear
1320 before the State Board of Education and report on the
1321 implementation of the State Board of Education's requirements.
1322 (2) FINANCIAL EMERGENCY; REQUIREMENTS.—
1323 (a)1. If a financial audit conducted by a certified public
1324 accountant in accordance with s. 218.39 reveals that one or more
1325 of the conditions in s. 218.503(1) have occurred or will occur
1326 if action is not taken to assist the charter school or charter
1327 technical career center, the auditor shall notify the governing
1328 board of the charter school or charter technical career center,
1329 as appropriate, the sponsor, and the Commissioner of Education
1330 within 7 business days after the finding is made.
1331 2. If the charter school or charter technical career center
1332 is found to be in a state of financial emergency pursuant to s.
1333 218.503(4), the charter school or charter technical career
1334 center shall file a financial recovery plan pursuant to s.
1335 218.503 with the sponsor and the Commissioner of Education
1336 within 30 days after being notified by the Commissioner of
1337 Education that a financial recovery plan is needed.
1338 (b) The governing board shall include the financial
1339 recovery plan and the status of its implementation in the annual
1340 progress report to the sponsor which is required under s.
1341 1002.33(9)(k), s. 1002.335(7)(a)7., or s. 1002.34(14).
1342 (3) REPORT.—The Commissioner of Education shall annually
1343 report to the State Board of Education each charter school and
1344 charter technical career center that is subject to a financial
1345 recovery plan or a corrective action plan under this section.
1346 (4) RULES.—The State Board of Education shall adopt rules
1347 pursuant to ss. 120.536(1) and 120.54 for developing financial
1348 recovery and corrective action plans, defining a deteriorating
1349 financial condition pursuant to subparagraph (1)(a)3., and
1350 establishing procedures for determining a deteriorating
1351 financial condition pursuant to subparagraph (1)(a)3. and s.
1352 218.39(5). In adopting the rules, the State Board of Education
1353 may obtain technical assistance from the Auditor General.
1354 (5) TECHNICAL ASSISTANCE.—The Department of Education shall
1355 provide technical assistance to charter schools, charter
1356 technical career centers, governing boards, and sponsors in
1357 developing financial recovery and corrective action plans.
1358 (6) FAILURE TO CORRECT DEFICIENCIES.—The sponsor may decide
1359 not to renew or may terminate a charter if the charter school or
1360 charter technical career center fails to correct the
1361 deficiencies noted in the corrective action plan within 1 year
1362 after being notified of the deficiencies or exhibits one or more
1363 financial emergency conditions specified in s. 218.503 for 2
1364 consecutive years. This subsection does not affect a sponsor's
1365 authority to terminate or not renew a charter pursuant to s.
1366 1002.33(8).
1367 Section 11. This act shall take effect July 1, 2009.