Florida Senate - 2011                                    SB 1546
       
       
       
       By Senator Thrasher
       
       
       
       
       8-00725-11                                            20111546__
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending ss.
    3         163.3180, 196.1983, and 1002.32, F.S.; conforming
    4         cross-references; amending s. 1002.33, F.S.; revising
    5         provisions relating to the sponsoring entities of
    6         charter schools; authorizing state universities and
    7         colleges to approve charter school applications and
    8         develop charter schools under certain circumstances;
    9         requiring that the Department of Education provide or
   10         arrange for training and technical assistance for
   11         charter schools; requiring that a charter school
   12         applicant participate in the training before filing an
   13         application; removing certain provisions relating to
   14         the appeal process for charter school applicants and
   15         the Charter School Appeal Commission; creating the
   16         Charter School Review and Appeals Panel; providing
   17         duties, responsibilities, and membership of the panel;
   18         providing for the designation of charter schools as
   19         high-performing if certain requirements are met;
   20         providing definitions relating to the high-performing
   21         charter school system; revising provisions to conform
   22         to changes made by the act; amending ss. 1002.34,
   23         1002.345, 1011.68, 1012.32, and 1013.62, F.S.;
   24         conforming cross-references; creating the College
   25         Preparatory Boarding Academy Pilot Program for
   26         dependent or at-risk students; providing a purpose for
   27         the program; requiring that the State Board of
   28         Education implement the program; providing
   29         definitions; requiring that the state board select a
   30         private nonprofit corporation to operate the academy
   31         if certain qualifications are met; requiring that the
   32         state board request proposals from private nonprofit
   33         corporations; providing requirements for such
   34         proposals; requiring that the state board enter into a
   35         contract with the operator of the academy; requiring
   36         that the contract contain specified requirements;
   37         requiring that the operator adopt bylaws, subject to
   38         approval by the state board; requiring that the
   39         operator adopt an outreach program with the local
   40         education agency or school district and community;
   41         providing that the academy is a public school and part
   42         of the state’s education program; providing program
   43         funding guidelines; limiting the capacity of eligible
   44         students attending the academy; requiring that
   45         enrolled students remain under case management
   46         services and the supervision of the lead agency;
   47         authorizing the operator to appropriately bill
   48         Medicaid for services rendered to eligible students or
   49         earn federal or local funding for services provided;
   50         providing for eligible students to be admitted by
   51         lottery if the number of applicants exceeds the
   52         allowed capacity; authorizing the operator to board
   53         dependent, at-risk students; requiring that the state
   54         board issue an annual report and adopt rules;
   55         requiring that the Office of Program Policy and
   56         Analysis and Government Accountability conduct a study
   57         comparing the funding of charter schools to the
   58         funding of public schools; providing requirements for
   59         the study; requiring that the office submit its
   60         recommendations and findings to the Governor and the
   61         Legislature by a specified date; providing for
   62         severability; providing an effective date.
   63  
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Paragraph (e) of subsection (13) of section
   67  163.3180, Florida Statutes, is amended to read:
   68         163.3180 Concurrency.—
   69         (13) School concurrency shall be established on a
   70  districtwide basis and shall include all public schools in the
   71  district and all portions of the district, whether located in a
   72  municipality or an unincorporated area unless exempt from the
   73  public school facilities element pursuant to s. 163.3177(12).
   74  The application of school concurrency to development shall be
   75  based upon the adopted comprehensive plan, as amended. All local
   76  governments within a county, except as provided in paragraph
   77  (f), shall adopt and transmit to the state land planning agency
   78  the necessary plan amendments, along with the interlocal
   79  agreement, for a compliance review pursuant to s. 163.3184(7)
   80  and (8). The minimum requirements for school concurrency are the
   81  following:
   82         (e) Availability standard.—Consistent with the public
   83  welfare, a local government may not deny an application for site
   84  plan, final subdivision approval, or the functional equivalent
   85  for a development or phase of a development authorizing
   86  residential development for failure to achieve and maintain the
   87  level-of-service standard for public school capacity in a local
   88  school concurrency management system where adequate school
   89  facilities will be in place or under actual construction within
   90  3 years after the issuance of final subdivision or site plan
   91  approval, or the functional equivalent. School concurrency is
   92  satisfied if the developer executes a legally binding commitment
   93  to provide mitigation proportionate to the demand for public
   94  school facilities to be created by actual development of the
   95  property, including, but not limited to, the options described
   96  in subparagraph 1. Options for proportionate-share mitigation of
   97  impacts on public school facilities must be established in the
   98  public school facilities element and the interlocal agreement
   99  pursuant to s. 163.31777.
  100         1. Appropriate mitigation options include the contribution
  101  of land; the construction, expansion, or payment for land
  102  acquisition or construction of a public school facility; the
  103  construction of a charter school that complies with the
  104  requirements of s. 1002.33(21) s. 1002.33(18); or the creation
  105  of mitigation banking based on the construction of a public
  106  school facility in exchange for the right to sell capacity
  107  credits. Such options must include execution by the applicant
  108  and the local government of a development agreement that
  109  constitutes a legally binding commitment to pay proportionate
  110  share mitigation for the additional residential units approved
  111  by the local government in a development order and actually
  112  developed on the property, taking into account residential
  113  density allowed on the property prior to the plan amendment that
  114  increased the overall residential density. The district school
  115  board must be a party to such an agreement. As a condition of
  116  its entry into such a development agreement, the local
  117  government may require the landowner to agree to continuing
  118  renewal of the agreement upon its expiration.
  119         2. If the education facilities plan and the public
  120  educational facilities element authorize a contribution of land;
  121  the construction, expansion, or payment for land acquisition;
  122  the construction or expansion of a public school facility, or a
  123  portion thereof; or the construction of a charter school that
  124  complies with the requirements of s. 1002.33(21) s. 1002.33(18),
  125  as proportionate-share mitigation, the local government shall
  126  credit such a contribution, construction, expansion, or payment
  127  toward any other impact fee or exaction imposed by local
  128  ordinance for the same need, on a dollar-for-dollar basis at
  129  fair market value.
  130         3. Any proportionate-share mitigation must be directed by
  131  the school board toward a school capacity improvement identified
  132  in a financially feasible 5-year district work plan that
  133  satisfies the demands created by the development in accordance
  134  with a binding developer’s agreement.
  135         4. If a development is precluded from commencing because
  136  there is inadequate classroom capacity to mitigate the impacts
  137  of the development, the development may nevertheless commence if
  138  there are accelerated facilities in an approved capital
  139  improvement element scheduled for construction in year four or
  140  later of such plan which, when built, will mitigate the proposed
  141  development, or if such accelerated facilities will be in the
  142  next annual update of the capital facilities element, the
  143  developer enters into a binding, financially guaranteed
  144  agreement with the school district to construct an accelerated
  145  facility within the first 3 years of an approved capital
  146  improvement plan, and the cost of the school facility is equal
  147  to or greater than the development’s proportionate share. When
  148  the completed school facility is conveyed to the school
  149  district, the developer shall receive impact fee credits usable
  150  within the zone where the facility is constructed or any
  151  attendance zone contiguous with or adjacent to the zone where
  152  the facility is constructed.
  153         5. This paragraph does not limit the authority of a local
  154  government to deny a development permit or its functional
  155  equivalent pursuant to its home rule regulatory powers, except
  156  as provided in this part.
  157         Section 2. Section 196.1983, Florida Statutes, is amended
  158  to read:
  159         196.1983 Charter school exemption from ad valorem taxes.
  160  Any facility, or portion thereof, used to house a charter school
  161  whose charter has been approved by the sponsor and the governing
  162  board pursuant to s. 1002.33(8) s. 1002.33(7) shall be exempt
  163  from ad valorem taxes. For leasehold properties, the landlord
  164  must certify by affidavit to the charter school that the lease
  165  payments shall be reduced to the extent of the exemption
  166  received. The owner of the property shall disclose to a charter
  167  school the full amount of the benefit derived from the exemption
  168  and the method for ensuring that the charter school receives
  169  such benefit. The charter school shall receive the full benefit
  170  derived from the exemption through either an annual or monthly
  171  credit to the charter school’s lease payments.
  172         Section 3. Paragraph (c) of subsection (9) of section
  173  1002.32, Florida Statutes, is amended to read:
  174         1002.32 Developmental research (laboratory) schools.—
  175         (9) FUNDING.—Funding for a lab school, including a charter
  176  lab school, shall be provided as follows:
  177         (c) All operating funds provided under this section shall
  178  be deposited in a Lab School Trust Fund and shall be expended
  179  for the purposes of this section. The university assigned a lab
  180  school shall be the fiscal agent for these funds, and all rules
  181  of the university governing the budgeting and expenditure of
  182  state funds shall apply to these funds unless otherwise provided
  183  by law or rule of the State Board of Education. The university
  184  board of trustees shall be the public employer of lab school
  185  personnel for collective bargaining purposes for lab schools in
  186  operation prior to the 2002-2003 fiscal year. Employees of
  187  charter lab schools authorized prior to June 1, 2003, but not in
  188  operation prior to the 2002-2003 fiscal year shall be employees
  189  of the entity holding the charter and must comply with the
  190  provisions of s. 1002.33(15) s. 1002.33(12).
  191         Section 4. Subsections (5) through (26) of section 1002.33,
  192  Florida Statutes, are amended to read:
  193         1002.33 Charter schools.—
  194         (5) SPONSOR; DUTIES.—
  195         (a) Sponsoring entities.—
  196         1. A district school board may sponsor a charter school in
  197  the county over which the district school board has
  198  jurisdiction.
  199         2. A state university may grant a charter to a lab school
  200  created under s. 1002.32 and shall be considered to be the
  201  school’s sponsor. Such school shall be considered a charter lab
  202  school.
  203         3. A state university may approve an application for a
  204  charter school located in the state. A charter school that is
  205  approved by a state university must enter into a charter
  206  contract with the local school district pursuant to subsection
  207  (8).
  208         4. A state university may develop one or more of its own
  209  charter schools, which must be operated by the state university.
  210  These charter schools are exempt from contracting provisions
  211  pursuant to subsection (8). State universities may not report
  212  FTE for any students who receive FTE funding through the Florida
  213  Education Finance Program.
  214         5. A state college may approve an application for a charter
  215  school located within its designated service area. A charter
  216  school that is approved by a state college must enter into a
  217  charter contract with the local school district pursuant to
  218  subsection (8).
  219         6. A state college may develop a charter school within its
  220  designated service area, which may serve kindergarten through
  221  grade 12, and must include a secondary school that provides an
  222  option for students to receive an associate degree upon high
  223  school graduation. These charter schools must be operated by the
  224  state college and are exempt from contracting provisions
  225  pursuant to subsection (8). State colleges may not report FTE
  226  for any students who receive FTE funding through the Florida
  227  Education Finance Program.
  228         (b) Sponsor duties.—
  229         1.a. The sponsor shall monitor and review the charter
  230  school in its progress toward the goals established in the
  231  charter.
  232         b. The sponsor shall monitor the revenues and expenditures
  233  of the charter school and perform the duties provided in s.
  234  1002.345.
  235         c. The sponsor may approve a charter for a charter school
  236  before the applicant has identified space, equipment, or
  237  personnel, if the applicant indicates approval is necessary for
  238  it to raise working funds.
  239         d. The sponsor’s policies shall not apply to a charter
  240  school unless mutually agreed to by both the sponsor and the
  241  charter school.
  242         e. The sponsor shall ensure that the charter is innovative
  243  and consistent with the state education goals established by s.
  244  1000.03(5).
  245         f. The sponsor shall ensure that the charter school
  246  participates in the state’s education accountability system. If
  247  a charter school falls short of performance measures included in
  248  the approved charter, the sponsor shall report such shortcomings
  249  to the Department of Education.
  250         g. The sponsor shall not be liable for civil damages under
  251  state law for personal injury, property damage, or death
  252  resulting from an act or omission of an officer, employee,
  253  agent, or governing body of the charter school.
  254         h. The sponsor shall not be liable for civil damages under
  255  state law for any employment actions taken by an officer,
  256  employee, agent, or governing body of the charter school.
  257         i. The sponsor’s duties to monitor the charter school shall
  258  not constitute the basis for a private cause of action.
  259         j. The sponsor shall not impose additional reporting
  260  requirements on a charter school without providing reasonable
  261  and specific justification in writing to the charter school.
  262         2. Immunity for the sponsor of a charter school under
  263  subparagraph 1. applies only with respect to acts or omissions
  264  not under the sponsor’s direct authority as described in this
  265  section.
  266         3. This paragraph does not waive a district school board’s
  267  sovereign immunity.
  268         4. A community college may work with the school district or
  269  school districts in its designated service area to develop
  270  charter schools that offer secondary education. These charter
  271  schools may serve students in kindergarten through grade 12 and
  272  must include a secondary school and provide must include an
  273  option for students to receive an associate degree upon high
  274  school graduation. District school boards shall cooperate with
  275  and assist the community college on the charter application.
  276  Community college applications for charter schools are not
  277  subject to the time deadlines outlined in subsection (6) and may
  278  be approved by the district school board at any time during the
  279  year. Community colleges may not report FTE for any students who
  280  receive FTE funding through the Florida Education Finance
  281  Program.
  282         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  283  applications are subject to the following requirements:
  284         (a) A person or entity wishing to open a charter school
  285  shall prepare and submit an application on a model application
  286  form prepared by the Department of Education which:
  287         1. Demonstrates how the school will use the guiding
  288  principles and meet the statutorily defined purpose of a charter
  289  school.
  290         2. Provides a detailed curriculum plan that illustrates how
  291  students will be provided services to attain the Sunshine State
  292  Standards.
  293         3. Contains goals and objectives for improving student
  294  learning and measuring that improvement. These goals and
  295  objectives must indicate how much academic improvement students
  296  are expected to show each year, how success will be evaluated,
  297  and the specific results to be attained through instruction.
  298         4. Describes the reading curriculum and differentiated
  299  strategies that will be used for students reading at grade level
  300  or higher and a separate curriculum and strategies for students
  301  who are reading below grade level. A sponsor shall deny a
  302  charter if the school does not propose a reading curriculum that
  303  is consistent with effective teaching strategies that are
  304  grounded in scientifically based reading research.
  305         5. Contains an annual financial plan for each year
  306  requested by the charter for operation of the school for up to 5
  307  years. This plan must contain anticipated fund balances based on
  308  revenue projections, a spending plan based on projected revenues
  309  and expenses, and a description of controls that will safeguard
  310  finances and projected enrollment trends.
  311         6. Documents that the applicant has participated in the
  312  training required in subparagraph (b)2. (f)2. A sponsor may
  313  require an applicant to provide additional information as an
  314  addendum to the charter school application described in this
  315  paragraph.
  316         (b)1. The Department of Education shall provide or arrange
  317  for training and technical assistance to charter schools in
  318  developing business plans and estimating costs and income.
  319  Training and technical assistance shall address estimating
  320  startup costs, projecting enrollment, and identifying the types
  321  and amounts of state and federal financial assistance that the
  322  charter school may be eligible to receive. The department may
  323  provide other technical assistance to an applicant upon written
  324  request.
  325         2. A charter school applicant must participate in the
  326  training provided by the Department of Education before filing
  327  an application. However, a sponsor may require the charter
  328  school applicant to attend training provided by the sponsor in
  329  lieu of the department’s training if the sponsor’s training
  330  standards meet or exceed the standards developed by the
  331  Department of Education. The training shall include instruction
  332  in accurate financial planning and good business practices. If
  333  the applicant is a management company or nonprofit organization,
  334  the charter school principal and the chief financial officer or
  335  his or her equivalent must also participate in the training.
  336  However, the requirements in this subsection need be satisfied
  337  only once by representatives from entities operating a high
  338  performing charter school or system.
  339         (c)(b) A sponsor shall receive and review all applications
  340  for a charter school using an evaluation instrument developed by
  341  the Department of Education. Beginning with the 2007-2008 school
  342  year, a sponsor shall receive and consider charter school
  343  applications received on or before August 1 of each calendar
  344  year for charter schools to be opened at the beginning of the
  345  school district’s next school year, or to be opened at a time
  346  agreed to by the applicant and the sponsor. A sponsor may
  347  receive applications later than this date if it chooses. A
  348  sponsor may not charge an applicant for a charter any fee for
  349  the processing or consideration of an application, and a sponsor
  350  may not base its consideration or approval of an application
  351  upon the promise of future payment of any kind.
  352         1. In order to facilitate an accurate budget projection
  353  process, a sponsor shall be held harmless for FTE students who
  354  are not included in the FTE projection due to approval of
  355  charter school applications after the FTE projection deadline.
  356  In a further effort to facilitate an accurate budget projection,
  357  within 15 calendar days after receipt of a charter school
  358  application, a sponsor shall report to the Department of
  359  Education the name of the applicant entity, the proposed charter
  360  school location, and its projected FTE.
  361         2. In order to ensure fiscal responsibility, an application
  362  for a charter school shall include a full accounting of expected
  363  assets, a projection of expected sources and amounts of income,
  364  including income derived from projected student enrollments and
  365  from community support, and an expense projection that includes
  366  full accounting of the costs of operation, including start-up
  367  costs.
  368         3. A sponsor shall by a majority vote approve or deny an
  369  application no later than 60 calendar days after the application
  370  is received, unless the sponsor and the applicant mutually agree
  371  in writing to temporarily postpone the vote to a specific date,
  372  at which time the sponsor shall by a majority vote approve or
  373  deny the application. If the sponsor fails to act on the
  374  application, an applicant may appeal to the State Board of
  375  Education as provided in subsection (7) paragraph (c). If an
  376  application is denied, the sponsor shall, within 10 calendar
  377  days after such denial, articulate in writing the specific
  378  reasons, based upon good cause, supporting its denial of the
  379  charter application and shall provide the letter of denial and
  380  supporting documentation to the applicant and to the Department
  381  of Education supporting those reasons.
  382         4. For budget projection purposes, the sponsor shall report
  383  to the Department of Education the approval or denial of a
  384  charter application within 10 calendar days after such approval
  385  or denial. In the event of approval, the report to the
  386  Department of Education shall include the final projected FTE
  387  for the approved charter school.
  388         5. Upon approval of a charter application, the initial
  389  startup shall commence with the beginning of the public school
  390  calendar for the district in which the charter is granted unless
  391  the sponsor allows a waiver of this subparagraph for good cause.
  392         (c) An applicant may appeal any denial of that applicant’s
  393  application or failure to act on an application to the State
  394  Board of Education no later than 30 calendar days after receipt
  395  of the sponsor’s decision or failure to act and shall notify the
  396  sponsor of its appeal. Any response of the sponsor shall be
  397  submitted to the State Board of Education within 30 calendar
  398  days after notification of the appeal. Upon receipt of
  399  notification from the State Board of Education that a charter
  400  school applicant is filing an appeal, the Commissioner of
  401  Education shall convene a meeting of the Charter School Appeal
  402  Commission to study and make recommendations to the State Board
  403  of Education regarding its pending decision about the appeal.
  404  The commission shall forward its recommendation to the state
  405  board no later than 7 calendar days prior to the date on which
  406  the appeal is to be heard. The State Board of Education shall by
  407  majority vote accept or reject the decision of the sponsor no
  408  later than 90 calendar days after an appeal is filed in
  409  accordance with State Board of Education rule. The Charter
  410  School Appeal Commission may reject an appeal submission for
  411  failure to comply with procedural rules governing the appeals
  412  process. The rejection shall describe the submission errors. The
  413  appellant may have up to 15 calendar days from notice of
  414  rejection to resubmit an appeal that meets requirements of State
  415  Board of Education rule. An application for appeal submitted
  416  subsequent to such rejection shall be considered timely if the
  417  original appeal was filed within 30 calendar days after receipt
  418  of notice of the specific reasons for the sponsor’s denial of
  419  the charter application. The State Board of Education shall
  420  remand the application to the sponsor with its written decision
  421  that the sponsor approve or deny the application. The sponsor
  422  shall implement the decision of the State Board of Education.
  423  The decision of the State Board of Education is not subject to
  424  the provisions of the Administrative Procedure Act, chapter 120.
  425         (d) The sponsor shall act upon the decision of the State
  426  Board of Education within 30 calendar days after it is received.
  427  The State Board of Education’s decision is a final action
  428  subject to judicial review in the district court of appeal.
  429         (e)1. A Charter School Appeal Commission is established to
  430  assist the commissioner and the State Board of Education with a
  431  fair and impartial review of appeals by applicants whose charter
  432  applications have been denied, whose charter contracts have not
  433  been renewed, or whose charter contracts have been terminated by
  434  their sponsors.
  435         2. The Charter School Appeal Commission may receive copies
  436  of the appeal documents forwarded to the State Board of
  437  Education, review the documents, gather other applicable
  438  information regarding the appeal, and make a written
  439  recommendation to the commissioner. The recommendation must
  440  state whether the appeal should be upheld or denied and include
  441  the reasons for the recommendation being offered. The
  442  commissioner shall forward the recommendation to the State Board
  443  of Education no later than 7 calendar days prior to the date on
  444  which the appeal is to be heard. The state board must consider
  445  the commission’s recommendation in making its decision, but is
  446  not bound by the recommendation. The decision of the Charter
  447  School Appeal Commission is not subject to the provisions of the
  448  Administrative Procedure Act, chapter 120.
  449         3. The commissioner shall appoint the members of the
  450  Charter School Appeal Commission. Members shall serve without
  451  compensation but may be reimbursed for travel and per diem
  452  expenses in conjunction with their service. One-half of the
  453  members must represent currently operating charter schools, and
  454  one-half of the members must represent sponsors. The
  455  commissioner or a named designee shall chair the Charter School
  456  Appeal Commission.
  457         4. The chair shall convene meetings of the commission and
  458  shall ensure that the written recommendations are completed and
  459  forwarded in a timely manner. In cases where the commission
  460  cannot reach a decision, the chair shall make the written
  461  recommendation with justification, noting that the decision was
  462  rendered by the chair.
  463         5. Commission members shall thoroughly review the materials
  464  presented to them from the appellant and the sponsor. The
  465  commission may request information to clarify the documentation
  466  presented to it. In the course of its review, the commission may
  467  facilitate the postponement of an appeal in those cases where
  468  additional time and communication may negate the need for a
  469  formal appeal and both parties agree, in writing, to postpone
  470  the appeal to the State Board of Education. A new date certain
  471  for the appeal shall then be set based upon the rules and
  472  procedures of the State Board of Education. Commission members
  473  shall provide a written recommendation to the state board as to
  474  whether the appeal should be upheld or denied. A fact-based
  475  justification for the recommendation must be included. The chair
  476  must ensure that the written recommendation is submitted to the
  477  State Board of Education members no later than 7 calendar days
  478  prior to the date on which the appeal is to be heard. Both
  479  parties in the case shall also be provided a copy of the
  480  recommendation.
  481         (f)1. The Department of Education shall offer or arrange
  482  for training and technical assistance to charter school
  483  applicants in developing business plans and estimating costs and
  484  income. This assistance shall address estimating startup costs,
  485  projecting enrollment, and identifying the types and amounts of
  486  state and federal financial assistance the charter school may be
  487  eligible to receive. The department may provide other technical
  488  assistance to an applicant upon written request.
  489         2. A charter school applicant must participate in the
  490  training provided by the Department of Education before filing
  491  an application. However, a sponsor may require the charter
  492  school applicant to attend training provided by the sponsor in
  493  lieu of the department’s training if the sponsor’s training
  494  standards meet or exceed the standards developed by the
  495  Department of Education. The training shall include instruction
  496  in accurate financial planning and good business practices. If
  497  the applicant is a management company or other nonprofit
  498  organization, the charter school principal and the chief
  499  financial officer or his or her equivalent must also participate
  500  in the training.
  501         (d)(g) In considering charter applications for a lab
  502  school, a state university shall consult with the district
  503  school board of the county in which the lab school is located.
  504  The decision of a state university may be appealed pursuant to
  505  the procedure established in this subsection.
  506         (e)(h) The terms and conditions for the operation of a
  507  charter school shall be set forth by the sponsor and the
  508  applicant in a written contractual agreement, called a charter.
  509  The sponsor shall not impose unreasonable rules or regulations
  510  that violate the intent of giving charter schools greater
  511  flexibility to meet educational goals. The sponsor shall have 60
  512  days to provide an initial proposed charter contract to the
  513  charter school. The applicant and the sponsor shall have 75 days
  514  thereafter to negotiate and notice the charter contract for
  515  final approval by the sponsor unless both parties agree to an
  516  extension. The proposed charter contract shall be provided to
  517  the charter school at least 7 calendar days before prior to the
  518  date of the meeting at which the charter is scheduled to be
  519  voted upon by the sponsor. The Department of Education shall
  520  provide mediation services for any dispute regarding this
  521  section subsequent to the approval of a charter application and
  522  for any dispute relating to the approved charter, except
  523  disputes regarding charter school application denials. If the
  524  Commissioner of Education determines that the dispute cannot be
  525  settled through mediation, the dispute may be appealed to an
  526  administrative law judge appointed by the Division of
  527  Administrative Hearings. The administrative law judge may rule
  528  on issues of equitable treatment of the charter school as a
  529  public school, whether proposed provisions of the charter
  530  violate the intended flexibility granted charter schools by
  531  statute, or on any other matter regarding this section except a
  532  charter school application denial, a charter termination, or a
  533  charter nonrenewal and shall award the prevailing party
  534  reasonable attorney’s fees and costs incurred to be paid by the
  535  losing party. The costs of the administrative hearing shall be
  536  paid by the party whom the administrative law judge rules
  537  against.
  538         (7) APPEALS; CHARTER SCHOOL REVIEW AND APPEALS PANEL.—
  539         (a) The Department of Education shall provide staff and
  540  regularly convene a Charter School Review and Appeals Panel. The
  541  panel shall be composed of individuals having experience in
  542  finance, administration, law, education, and school governance
  543  and individuals familiar with charter school construction and
  544  operation. The President of the Senate, the Speaker of the House
  545  of Representatives, and the Commissioner of Education shall
  546  appoint two appointees each to serve on the panel. The Governor
  547  shall appoint three members to serve on the panel and shall
  548  designate the chair. Each member of the panel shall be appointed
  549  to serve a 1-year term and may be reappointed.
  550         (b) The panel shall review issues, practices, and policies
  551  regarding charter schools and shall make recommendations to the
  552  Legislature, to the Department of Education, to charter schools,
  553  and to school districts for improving charter school operations
  554  and oversight. The panel shall also make recommendations for
  555  ensuring best business practices at and fair business
  556  relationships with charter schools.
  557         (c) The panel shall assist the commissioner and the State
  558  Board of Education with a fair and impartial review of appeals
  559  by applicants whose charter applications have been denied.
  560         1. A charter school applicant may appeal any denial of its
  561  application or a failure to act on an application to the State
  562  Board of Education no later than 30 calendar days after
  563  receiving the sponsor’s decision or failure to act and shall
  564  notify the sponsor of its appeal. Any response by the sponsor
  565  shall be submitted to the State Board of Education within 30
  566  calendar days after notification of the appeal is received. Upon
  567  receipt of notification from the State Board of Education that a
  568  charter school applicant is filing an appeal, the Commissioner
  569  of Education shall convene a meeting of the Charter School
  570  Review and Appeals Panel to review and make recommendations to
  571  the State Board of Education regarding its pending decision.
  572         a. The Charter School Review and Appeals Panel may receive
  573  copies of the appeal documents forwarded to the State Board of
  574  Education, review the documents, gather other applicable
  575  information regarding the appeal, and make a written
  576  recommendation to the commissioner. The recommendation must
  577  state whether the appeal should be upheld or denied and include
  578  the reasons for the recommendation being offered. The
  579  commissioner shall forward the recommendation to the State Board
  580  of Education no later than 7 calendar days before the date on
  581  which the appeal is to be heard. The state board must consider
  582  the commission’s recommendation in making its decision, but is
  583  not bound by the recommendation. The decision of the Florida
  584  Charter School Review and Appeals Panel is not subject to
  585  chapter 120.
  586         b. The chair shall convene meetings of the panel and shall
  587  ensure that the written recommendations are completed and
  588  forwarded in a timely manner. If the panel is unable to reach a
  589  decision, the chair shall make the written recommendation along
  590  with the justification for the recommendation and indicating
  591  that the decision was rendered by the chair.
  592         c. Panel members shall thoroughly review the materials
  593  presented to them from the appellant and the sponsor. The panel
  594  may request information to clarify the documentation presented
  595  to it. In the course of its review, the panel may facilitate the
  596  postponement of an appeal if additional time and communication
  597  would negate the need for a formal appeal and both parties
  598  agree, in writing, to postpone the appeal to the State Board of
  599  Education. A new date certain for the appeal shall be set based
  600  upon the rules and procedures of the State Board of Education.
  601  Panel members shall provide a written recommendation to the
  602  state board as to whether the appeal should be upheld or denied,
  603  which must include a fact-based justification. The chair must
  604  ensure that the written recommendation is submitted to the State
  605  Board of Education members no later than 7 calendar days before
  606  the date on which the appeal is to be heard. Both parties in the
  607  case shall also be provided a copy of the recommendation.
  608         2. The panel shall forward its recommendation to the state
  609  board no later than 7 calendar days before the date on which the
  610  appeal is to be heard. The State Board of Education shall by
  611  majority vote accept or reject the decision of the sponsor no
  612  later than 90 calendar days after an appeal is filed in
  613  accordance with State Board of Education rule. If the State
  614  Board of Education does not rule on any appeal within 90 days,
  615  the appeal is automatically granted and the charter application
  616  at issue is automatically approved. The panel may reject an
  617  appeal submission for failure to comply with procedural rules
  618  governing the appeals process. The rejection shall describe the
  619  submission errors. The appellant may have up to 15 calendar days
  620  after notice of rejection is issued to resubmit an appeal that
  621  complies with State Board of Education rule. An application for
  622  appeal that is submitted after a rejection is considered timely
  623  if the original appeal was filed within 30 calendar days after
  624  receipt of notice of the specific reasons for the sponsor’s
  625  denial of the charter application. The State Board of Education
  626  shall remand the application to the sponsor with its written
  627  decision that the sponsor approve or deny the application. The
  628  sponsor shall implement the decision of the State Board of
  629  Education. The decision of the State Board of Education is not
  630  subject to chapter 120. The State Board of Education’s decision
  631  is a final action subject to judicial review in the district
  632  court of appeal. The commissioner may expedite the appeal
  633  procedure specified in this paragraph.
  634         3. Notwithstanding a pending appeal, the sponsor shall act
  635  within 30 calendar days after receiving the decision of the
  636  State Board of Education, and shall have 90 days to negotiate a
  637  charter with the applicant after receiving the decision. If the
  638  school district refuses to agree to a charter, a model charter
  639  as adopted by the State Board of Education shall be imposed upon
  640  the school district, subject to the final decision of any
  641  appeal.
  642         (8)(7) CHARTER.—The major issues involving the operation of
  643  a charter school shall be considered in advance and written into
  644  the charter. The charter shall be signed by the governing body
  645  of the charter school and the sponsor, following a public
  646  hearing to ensure community input.
  647         (a) The charter shall address and criteria for approval of
  648  the charter shall be based on:
  649         1. The school’s mission, the students to be served, and the
  650  ages and grades to be included.
  651         2. The focus of the curriculum, the instructional methods
  652  to be used, any distinctive instructional techniques to be
  653  employed, and identification and acquisition of appropriate
  654  technologies needed to improve educational and administrative
  655  performance which include a means for promoting safe, ethical,
  656  and appropriate uses of technology which comply with legal and
  657  professional standards. The charter shall ensure that reading is
  658  a primary focus of the curriculum and that resources are
  659  provided to identify and provide specialized instruction for
  660  students who are reading below grade level. The curriculum and
  661  instructional strategies for reading must be consistent with the
  662  Sunshine State Standards and grounded in scientifically based
  663  reading research.
  664         3. The current incoming baseline standard of student
  665  academic achievement, the outcomes to be achieved, and the
  666  method of measurement that will be used. The criteria listed in
  667  this subparagraph shall include a detailed description of:
  668         a. How the baseline student academic achievement levels and
  669  prior rates of academic progress will be established.
  670         b. How these baseline rates will be compared to rates of
  671  academic progress achieved by these same students while
  672  attending the charter school.
  673         c. To the extent possible, how these rates of progress will
  674  be evaluated and compared with rates of progress of other
  675  closely comparable student populations.
  676  
  677  The district school board is required to provide academic
  678  student performance data to charter schools for each of their
  679  students coming from the district school system, as well as
  680  rates of academic progress of comparable student populations in
  681  the district school system.
  682         4. The methods used to identify the educational strengths
  683  and needs of students and how well educational goals and
  684  performance standards are met by students attending the charter
  685  school. The methods shall provide a means for the charter school
  686  to ensure accountability to its constituents by analyzing
  687  student performance data and by evaluating the effectiveness and
  688  efficiency of its major educational programs. Students in
  689  charter schools shall, at a minimum, participate in the
  690  statewide assessment program created under s. 1008.22.
  691         5. In secondary charter schools, a method for determining
  692  that a student has satisfied the requirements for graduation in
  693  s. 1003.43.
  694         6. A method for resolving conflicts between the governing
  695  body of the charter school and the sponsor.
  696         7. The admissions procedures and dismissal procedures,
  697  including the school’s code of student conduct.
  698         8. The ways by which the school will achieve a
  699  racial/ethnic balance reflective of the community it serves or
  700  within the racial/ethnic range of other public schools in the
  701  same school district.
  702         9. The financial and administrative management of the
  703  school, including a reasonable demonstration of the professional
  704  experience or competence of those individuals or organizations
  705  applying to operate the charter school or those hired or
  706  retained to perform such professional services and the
  707  description of clearly delineated responsibilities and the
  708  policies and practices needed to effectively manage the charter
  709  school. A description of internal audit procedures and
  710  establishment of controls to ensure that financial resources are
  711  properly managed must be included. Both public sector and
  712  private sector professional experience shall be equally valid in
  713  such a consideration.
  714         10. The asset and liability projections required in the
  715  application which are incorporated into the charter and shall be
  716  compared with information provided in the annual report of the
  717  charter school.
  718         11. A description of procedures that identify various risks
  719  and provide for a comprehensive approach to reduce the impact of
  720  losses; plans to ensure the safety and security of students and
  721  staff; plans to identify, minimize, and protect others from
  722  violent or disruptive student behavior; and the manner in which
  723  the school will be insured, including whether or not the school
  724  will be required to have liability insurance, and, if so, the
  725  terms and conditions thereof and the amounts of coverage.
  726         12. The term of the charter which shall provide for
  727  cancellation of the charter if insufficient progress has been
  728  made in attaining the student achievement objectives of the
  729  charter and if it is not likely that such objectives can be
  730  achieved before expiration of the charter. The initial term of a
  731  charter shall be for 4 or 5 years, unless the charter meets the
  732  requirements of a high-performing charter school system pursuant
  733  to subsection (12). In order to facilitate access to long-term
  734  financial resources for charter school construction, charter
  735  schools that are operated by a municipality or other public
  736  entity as provided by law are eligible for up to a 15-year
  737  charter, subject to approval by the district school board. A
  738  charter lab school is eligible for a charter for a term of up to
  739  15 years. In addition, to facilitate access to long-term
  740  financial resources for charter school construction, charter
  741  schools that are operated by a private, not-for-profit, s.
  742  501(c)(3) status corporation are eligible for up to a 15-year
  743  charter, subject to approval by the district school board. Such
  744  long-term charters remain subject to annual review and may be
  745  terminated during the term of the charter, but only according to
  746  the provisions set forth in subsection (9) (8).
  747         13. The facilities to be used and their location.
  748         14. The qualifications to be required of the teachers and
  749  the potential strategies used to recruit, hire, train, and
  750  retain qualified staff to achieve best value.
  751         15. The governance structure of the school, including the
  752  status of the charter school as a public or private employer as
  753  required in paragraph (15)(i) (12)(i).
  754         16. A timetable for implementing the charter which
  755  addresses the implementation of each element thereof and the
  756  date by which the charter shall be awarded in order to meet this
  757  timetable.
  758         17. In the case of an existing public school that is being
  759  converted to charter status, alternative arrangements for
  760  current students who choose not to attend the charter school and
  761  for current teachers who choose not to teach in the charter
  762  school after conversion in accordance with the existing
  763  collective bargaining agreement or district school board rule in
  764  the absence of a collective bargaining agreement. However,
  765  alternative arrangements shall not be required for current
  766  teachers who choose not to teach in a charter lab school, except
  767  as authorized by the employment policies of the state university
  768  which grants the charter to the lab school.
  769         18. Full disclosure of the identity of all relatives
  770  employed by the charter school who are related to the charter
  771  school owner, president, chairperson of the governing board of
  772  directors, superintendent, governing board member, principal,
  773  assistant principal, or any other person employed by the charter
  774  school who has equivalent decisionmaking authority. For the
  775  purpose of this subparagraph, the term “relative” means father,
  776  mother, son, daughter, brother, sister, uncle, aunt, first
  777  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  778  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  779  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  780  stepsister, half brother, or half sister.
  781         (b)1. A charter may be renewed provided that a program
  782  review demonstrates that the criteria in paragraph (a) have been
  783  successfully accomplished and that none of the grounds for
  784  nonrenewal established by paragraph (9)(a) (8)(a) has been
  785  documented. In order to facilitate long-term financing for
  786  charter school construction, charter schools operating for a
  787  minimum of 3 years and demonstrating exemplary academic
  788  programming and fiscal management are eligible for a 15-year
  789  charter renewal. Such long-term charter is subject to annual
  790  review and may be terminated during the term of the charter.
  791         2. The 15-year charter renewal that may be granted pursuant
  792  to subparagraph 1. shall be granted to a charter school that has
  793  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  794  3 of the past 4 years and is not in a state of financial
  795  emergency or deficit position as defined by this section. Such
  796  long-term charter is subject to annual review and may be
  797  terminated during the term of the charter pursuant to subsection
  798  (9) (8).
  799         (c) A charter may be modified during its initial term or
  800  any renewal term upon the recommendation of the sponsor or the
  801  charter school governing board and the approval of both parties
  802  to the agreement.
  803         (9)(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  804         (a) The sponsor may choose not to renew or may terminate
  805  the charter for any of the following grounds:
  806         1. Failure to participate in the state’s education
  807  accountability system created in s. 1008.31, as required in this
  808  section, or failure to meet the requirements for student
  809  performance stated in the charter.
  810         2. Failure to meet generally accepted standards of fiscal
  811  management.
  812         3. Violation of law.
  813         4. Other good cause shown.
  814         (b) Before At least 90 days prior to renewing or
  815  terminating a charter, the sponsor shall notify the governing
  816  body of the school of the proposed action in writing. The notice
  817  shall state in reasonable detail the grounds for the proposed
  818  action and stipulate that the school’s governing body may,
  819  within 14 calendar days after receiving the notice, request a an
  820  informal hearing before an administrative law judge pursuant to
  821  chapter 120 the sponsor. The administrative law judge shall
  822  issue a recommended order pursuant to chapter 120. The sponsor
  823  shall determine and issue a final order in each nonrenewal or
  824  termination pursuant to this paragraph conduct the informal
  825  hearing within 30 calendar days after receiving a written
  826  request.
  827         (c) The final order shall include the specific reasons for
  828  nonrenewal or termination of the charter and shall be provided
  829  to the charter school governing body and the Department of
  830  Education within 10 calendar days after the final order is
  831  issued. If a charter is not renewed or is terminated pursuant to
  832  paragraph (b), the sponsor shall, within 10 calendar days,
  833  articulate in writing the specific reasons for its nonrenewal or
  834  termination of the charter and must provide the letter of
  835  nonrenewal or termination and documentation supporting the
  836  reasons to the charter school governing body, the charter school
  837  principal, and the Department of Education. The charter school’s
  838  governing body may, within 30 calendar days after receiving the
  839  sponsor’s final order written decision to refuse to renew or to
  840  terminate the charter, appeal the decision pursuant to the
  841  procedure established in subsection (7) (6).
  842         (d) A charter may be terminated immediately if the sponsor
  843  determines that good cause has been shown or if the health,
  844  safety, or welfare of the students is threatened. The sponsor’s
  845  determination is not subject to the same process as set forth in
  846  paragraphs an informal hearing under paragraph (b) and (c), with
  847  the exception that the hearing before the administrative law
  848  judge may take place after the school has been terminated or
  849  pursuant to chapter 120. The sponsor shall notify in writing the
  850  charter school’s governing body, the charter school principal,
  851  and the department if a charter is immediately terminated as
  852  soon as reasonably possible. The sponsor shall clearly identify
  853  the specific issues that resulted in the immediate termination
  854  and provide evidence of prior notification of issues resulting
  855  in the immediate termination when appropriate. The charter
  856  school’s governing board shall have 10 days to request a hearing
  857  pursuant to chapter 120. The hearing in such cases shall be
  858  expedited and the final order shall be issued no more than 45
  859  days after the date upon which the hearing was requested. The
  860  school district in which the charter school is located shall
  861  assume operation of the school under these circumstances. The
  862  charter school’s governing board may, within 30 days after
  863  receiving the sponsor’s decision to terminate the charter,
  864  appeal the decision pursuant to the procedure established in
  865  subsection (7) (6). The sponsor shall assume operation of the
  866  school throughout the pendency of the appeal to the State Board
  867  of Education under subsection (7), unless the continued
  868  operation of the school would materially threaten the physical
  869  health, safety, or welfare of the students. Failure to assume
  870  and continue operation of the school shall result in the
  871  awarding of costs and attorney’s fees to the charter school, if
  872  the charter school prevails on appeal to the State Board of
  873  Education.
  874         (e) When a charter is not renewed or is terminated, the
  875  school shall be dissolved under the provisions of law under
  876  which the school was organized, and any unencumbered public
  877  funds, except for capital outlay funds and federal charter
  878  school program grant funds, from the charter school shall revert
  879  to the sponsor. Capital outlay funds provided pursuant to s.
  880  1013.62 and federal charter school program grant funds that are
  881  unencumbered shall revert to the department to be redistributed
  882  among eligible charter schools. In the event a charter school is
  883  dissolved or is otherwise terminated, all district school board
  884  property and improvements, furnishings, and equipment purchased
  885  with public funds shall automatically revert to full ownership
  886  by the district school board, subject to complete satisfaction
  887  of any lawful liens or encumbrances. Any unencumbered public
  888  funds from the charter school, district school board property
  889  and improvements, furnishings, and equipment purchased with
  890  public funds, or financial or other records pertaining to the
  891  charter school, in the possession of any person, entity, or
  892  holding company, other than the charter school, shall be held in
  893  trust upon the district school board’s request, until any appeal
  894  status is resolved.
  895         (f) If a charter is not renewed or is terminated, the
  896  charter school is responsible for all debts of the charter
  897  school. The district may not assume the debt from any contract
  898  made between the governing body of the school and a third party,
  899  except for a debt that is previously detailed and agreed upon in
  900  writing by both the district and the governing body of the
  901  school and that may not reasonably be assumed to have been
  902  satisfied by the district.
  903         (g) If a charter is not renewed or is terminated, a student
  904  who attended the school may apply to, and shall be enrolled in,
  905  another public school. Normal application deadlines shall be
  906  disregarded under such circumstances.
  907         (10)(9) CHARTER SCHOOL REQUIREMENTS.—
  908         (a) A charter school shall be nonsectarian in its programs,
  909  admission policies, employment practices, and operations.
  910         (b) A charter school shall admit students as provided in
  911  subsection (13) (10).
  912         (c) A charter school shall be accountable to its sponsor
  913  for performance as provided in subsection (8) (7).
  914         (d) A charter school shall not charge tuition or
  915  registration fees, except those fees normally charged by other
  916  public schools. However, a charter lab school may charge a
  917  student activity and service fee as authorized by s. 1002.32(5).
  918         (e) A charter school shall meet all applicable state and
  919  local health, safety, and civil rights requirements.
  920         (f) A charter school shall not violate the
  921  antidiscrimination provisions of s. 1000.05.
  922         (g) In order to provide financial information that is
  923  comparable to that reported for other public schools, charter
  924  schools are to maintain all financial records that constitute
  925  their accounting system:
  926         1. In accordance with the accounts and codes prescribed in
  927  the most recent issuance of the publication titled “Financial
  928  and Program Cost Accounting and Reporting for Florida Schools”;
  929  or
  930         2. At the discretion of the charter school governing board,
  931  a charter school may elect to follow generally accepted
  932  accounting standards for not-for-profit organizations, but must
  933  reformat this information for reporting according to this
  934  paragraph.
  935  
  936  Charter schools shall provide annual financial report and
  937  program cost report information in the state-required formats
  938  for inclusion in district reporting in compliance with s.
  939  1011.60(1). Charter schools that are operated by a municipality
  940  or are a component unit of a parent nonprofit organization may
  941  use the accounting system of the municipality or the parent but
  942  must reformat this information for reporting according to this
  943  paragraph. A charter school shall provide a monthly financial
  944  statement to the sponsor; however, if the charter school is
  945  designated as a high-performing charter school under subsection
  946  (11), it must provide a quarterly financial statement. The
  947  monthly financial statement required under this paragraph shall
  948  be in a form prescribed by the Department of Education.
  949         (h) The governing board of the charter school shall
  950  annually adopt and maintain an operating budget.
  951         (i) The governing body of the charter school shall exercise
  952  continuing oversight over charter school operations.
  953         (j) The governing body of the charter school shall be
  954  responsible for:
  955         1. Ensuring that the charter school has retained the
  956  services of a certified public accountant or auditor for the
  957  annual financial audit, pursuant to s. 1002.345(2), who shall
  958  submit the report to the governing body.
  959         2. Reviewing and approving the audit report, including
  960  audit findings and recommendations for the financial recovery
  961  plan.
  962         3.a. Performing the duties in s. 1002.345, including
  963  monitoring a corrective action plan.
  964         b. Monitoring a financial recovery plan in order to ensure
  965  compliance.
  966         4. Participating in governance training approved by the
  967  department which must include government in the sunshine,
  968  conflicts of interest, ethics, and financial responsibility.
  969         (k) The governing body of the charter school shall report
  970  its progress annually to its sponsor, which shall forward the
  971  report to the Commissioner of Education at the same time as
  972  other annual school accountability reports. The Department of
  973  Education shall develop a uniform, online annual accountability
  974  report to be completed by charter schools. This report shall be
  975  easy to utilize and contain demographic information, student
  976  performance data, and financial accountability information. A
  977  charter school shall not be required to provide information and
  978  data that is duplicative and already in the possession of the
  979  department. The Department of Education shall include in its
  980  compilation a notation if a school failed to file its report by
  981  the deadline established by the department. The report shall
  982  include at least the following components:
  983         1. Student achievement performance data, including the
  984  information required for the annual school report and the
  985  education accountability system governed by ss. 1008.31 and
  986  1008.345. Charter schools are subject to the same accountability
  987  requirements as other public schools, including reports of
  988  student achievement information that links baseline student data
  989  to the school’s performance projections identified in the
  990  charter. The charter school shall identify reasons for any
  991  difference between projected and actual student performance.
  992         2. Financial status of the charter school which must
  993  include revenues and expenditures at a level of detail that
  994  allows for analysis of the charter school’s ability to meet
  995  financial obligations and timely repayment of debt.
  996         3. Documentation of the facilities in current use and any
  997  planned facilities for use by the charter school for instruction
  998  of students, administrative functions, or investment purposes.
  999         4. Descriptive information about the charter school’s
 1000  personnel, including salary and benefit levels of charter school
 1001  employees, the proportion of instructional personnel who hold
 1002  professional or temporary certificates, and the proportion of
 1003  instructional personnel teaching in-field or out-of-field.
 1004         (l) A charter school shall not levy taxes or issue bonds
 1005  secured by tax revenues.
 1006         (m) A charter school shall provide instruction for at least
 1007  the number of days required by law for other public schools and
 1008  may provide instruction for additional days.
 1009         (n) The director and a representative of the governing body
 1010  of a charter school that has received a school grade of “D”
 1011  under s. 1008.34(2) shall appear before the sponsor or the
 1012  sponsor’s staff at least once a year to present information
 1013  concerning each contract component having noted deficiencies.
 1014  The sponsor shall communicate at the meeting, and in writing to
 1015  the director, the services provided to the school to help the
 1016  school address its deficiencies.
 1017         (o) Upon notification that a charter school receives a
 1018  school grade of “D” for 2 consecutive years or a school grade of
 1019  “F” under s. 1008.34(2), the charter school sponsor or the
 1020  sponsor’s staff shall require the director and a representative
 1021  of the governing body to submit to the sponsor for approval a
 1022  school improvement plan to raise student achievement and to
 1023  implement the plan. The sponsor has the authority to approve a
 1024  school improvement plan that the charter school will implement
 1025  in the following school year. The sponsor may also consider the
 1026  State Board of Education’s recommended action pursuant to s.
 1027  1008.33(1) as part of the school improvement plan. The
 1028  Department of Education shall offer technical assistance and
 1029  training to the charter school and its governing body and
 1030  establish guidelines for developing, submitting, and approving
 1031  such plans.
 1032         1. If the charter school fails to improve its student
 1033  performance from the year immediately prior to the
 1034  implementation of the school improvement plan, the sponsor shall
 1035  place the charter school on probation and shall require the
 1036  charter school governing body to take one of the following
 1037  corrective actions:
 1038         a. Contract for the educational services of the charter
 1039  school;
 1040         b. Reorganize the school at the end of the school year
 1041  under a new director or principal who is authorized to hire new
 1042  staff and implement a plan that addresses the causes of
 1043  inadequate progress; or
 1044         c. Reconstitute the charter school.
 1045         2. A charter school that is placed on probation shall
 1046  continue the corrective actions required under subparagraph 1.
 1047  until the charter school improves its student performance from
 1048  the year prior to the implementation of the school improvement
 1049  plan.
 1050         3. Notwithstanding any provision of this paragraph, the
 1051  sponsor may terminate the charter at any time pursuant to
 1052  subsection (9) (8).
 1053         (p) The director and a representative of the governing body
 1054  of a graded charter school that has submitted a school
 1055  improvement plan or has been placed on probation under paragraph
 1056  (o) shall appear before the sponsor or the sponsor’s staff at
 1057  least once a year to present information regarding the
 1058  corrective strategies that are being implemented by the school
 1059  pursuant to the school improvement plan. The sponsor shall
 1060  communicate at the meeting, and in writing to the director, the
 1061  services provided to the school to help the school address its
 1062  deficiencies.
 1063         (11) HIGH-PERFORMING CHARTER SCHOOLS.
 1064         (a) A charter school shall be designated as a high
 1065  performing charter school if:
 1066         1. During each of the previous 3 years the charter school:
 1067         a.Received a school grade of “A” or “B”;
 1068         b. Received an unqualified opinion on each financial audit
 1069  required under s. 218.39; and
 1070         c. Did not receive a financial audit that revealed one or
 1071  more of the conditions set forth in s. 218.503(1); however, the
 1072  condition is deemed met for a charter school-in-the-workplace if
 1073  there is a finding in an audit that the school has the monetary
 1074  resources available to cover any reported deficiency or that the
 1075  deficiency does not result in a deteriorating financial
 1076  condition pursuant to s. 1002.345(a)(3).
 1077         2. The charter school has been in operation for less than 3
 1078  years and is operated by a high-performing charter school system
 1079  pursuant to subsection (12). These charter schools may receive
 1080  capital outlay funds in their first year pursuant to s. 1013.62
 1081  and are not required to comply with s. 1013.62(1)(a)1.-3.
 1082         (b) A high-performing charter school may:
 1083         1. Increase the school’s student enrollment once per year
 1084  by up to 25 percent more than the capacity authorized pursuant
 1085  to paragraph (13)(i).
 1086         2. Expand to any grade level within kindergarten through
 1087  grade 12, if not already servicing such grades.
 1088         3. Offer voluntary prekindergarten education pursuant to
 1089  ss. 1002.51-1002.79.
 1090         (c) A high-performing charter school is entitled to a 15
 1091  year charter renewal upon expiration of a current charter.
 1092         (d) The high-performing charter school designation shall be
 1093  removed if the charter school does not continue to meet the
 1094  requirements in paragraph (a).
 1095         (12) HIGH-PERFORMING CHARTER SCHOOL SYSTEM.—
 1096         (a)1. For purposes of this subsection, the term:
 1097         a. “Entity” means a municipality or other public entity as
 1098  authorized by law to operate a charter school; a private, not
 1099  for-profit, s. 501(c)(3) status corporation; or a private, for
 1100  profit corporation.
 1101         b. “High-performing charter school system” means an entity
 1102  that:
 1103         (I) Operates at least three high-performing charter schools
 1104  in this state;
 1105         (II) Has received a system-wide average school grade of “A”
 1106  or “B” during the previous 3 years for all charter schools
 1107  created or started by the entity;
 1108         (III) None of the schools created or started by the entity
 1109  has received a financial audit that revealed one or more of the
 1110  conditions set forth in s. 218.503(1); and
 1111         (IV) Has not received a school grade of “F” during any of
 1112  the previous 2 years for any charter school operated by the
 1113  entity in the state, except for any charter school taken over or
 1114  managed by, but not created or started by, the high-performing
 1115  charter school system.
 1116         (b) A high-performing charter school system may apply to
 1117  establish and operate a new charter school in any district in
 1118  the state which will substantially replicate one or more of the
 1119  provider’s existing high-performing charter schools.
 1120         1. A charter application may be denied by a local school
 1121  district only if good cause is shown that the operator failed to
 1122  meet established charter school requirements pursuant to
 1123  paragraphs (10)(a)-(f).
 1124         2. The new charter school is entitled to an initial charter
 1125  for a term of 15 years and shall be designated as a high
 1126  performing charter school for the first 3 years of the charter
 1127  and receive charter school capital outlay funds under s.
 1128  1013.62. The school is not required to comply with s.
 1129  1013.62(1)(a)1.-3., but must comply with any other requirements
 1130  in s. 1013.62 to receive charter school capital outlay funds as
 1131  provided in this subparagraph.
 1132         3. The designation as a high-performing charter school
 1133  shall be removed if the charter school does not continue to meet
 1134  the requirements in paragraph (a).
 1135  
 1136  This paragraph does not waive a district school board’s
 1137  sovereign immunity.
 1138         (13)(10) ELIGIBLE STUDENTS.—
 1139         (a) A charter school shall be open to any student covered
 1140  in an interdistrict agreement or residing in the school district
 1141  in which the charter school is located; however, in the case of
 1142  a charter lab school, the charter lab school shall be open to
 1143  any student eligible to attend the lab school as provided in s.
 1144  1002.32 or who resides in the school district in which the
 1145  charter lab school is located. Any eligible student shall be
 1146  allowed interdistrict transfer to attend a charter school when
 1147  based on good cause. Good cause shall include, but is not
 1148  limited to, geographic proximity to a charter school in a
 1149  neighboring school district.
 1150         (b) The charter school shall enroll an eligible student who
 1151  submits a timely application, unless the number of applications
 1152  exceeds the capacity of a program, class, grade level, or
 1153  building. In such case, all applicants shall have an equal
 1154  chance of being admitted through a random selection process.
 1155         (c) When a public school converts to charter status,
 1156  enrollment preference shall be given to students who would have
 1157  otherwise attended that public school. The district school board
 1158  shall consult and negotiate with the conversion charter school
 1159  every 3 years to determine whether realignment of the conversion
 1160  charter school’s attendance zone is appropriate in order to
 1161  ensure that students residing closest to the charter school are
 1162  provided with an enrollment preference.
 1163         (d) A charter school may give enrollment preference to the
 1164  following student populations:
 1165         1. Students who are siblings of a student enrolled in the
 1166  charter school.
 1167         2. Students who are the children of a member of the
 1168  governing board of the charter school.
 1169         3. Students who are the children of an employee of the
 1170  charter school.
 1171         4. Students who are the children of:
 1172         a. An employee of a business partner, or a resident of a
 1173  municipality, who complies with paragraph (18)(b) for a charter
 1174  school-in-the-workplace; or
 1175         b. A resident of a municipality that operates a charter
 1176  school-in-a-municipality pursuant to paragraph (18)(c).
 1177         5. Students enrolling in a charter school-in-the-workplace
 1178  or charter school-in-a-municipality established pursuant to this
 1179  section.
 1180         (e) A charter school may limit the enrollment process only
 1181  to target the following student populations:
 1182         1. Students within specific age groups or grade levels.
 1183         2. Students considered at risk of dropping out of school or
 1184  academic failure. Such students shall include exceptional
 1185  education students.
 1186         3. Students enrolling in a charter school-in-the-workplace
 1187  or charter school-in-a-municipality established pursuant to
 1188  subsection (18) (15).
 1189         4. Students residing within a reasonable distance of the
 1190  charter school, as described in paragraph (23)(c) (20)(c). Such
 1191  students shall be subject to a random lottery and to the
 1192  racial/ethnic balance provisions described in subparagraph
 1193  (8)(a)8. (7)(a)8. or any federal provisions that require a
 1194  school to achieve a racial/ethnic balance reflective of the
 1195  community it serves or within the racial/ethnic range of other
 1196  public schools in the same school district.
 1197         5. Students who meet reasonable academic, artistic, or
 1198  other eligibility standards established by the charter school
 1199  and included in the charter school application and charter or,
 1200  in the case of existing charter schools, standards that are
 1201  consistent with the school’s mission and purpose. Such standards
 1202  shall be in accordance with current state law and practice in
 1203  public schools and may not discriminate against otherwise
 1204  qualified individuals.
 1205         6. Students articulating from one charter school to another
 1206  pursuant to an articulation agreement between the charter
 1207  schools that has been approved by the sponsor.
 1208         (f) Students with disabilities and students served in
 1209  English for Speakers of Other Languages programs shall have an
 1210  equal opportunity of being selected for enrollment in a charter
 1211  school.
 1212         (g) A student may withdraw from a charter school at any
 1213  time and enroll in another public school as determined by
 1214  district school board rule.
 1215         (h) The capacity of the charter school shall be determined
 1216  annually by the governing board, in conjunction with the
 1217  sponsor, of the charter school in consideration of the factors
 1218  identified in this subsection unless the charter school is
 1219  designated as a high-performing charter school under subsection
 1220  (11).
 1221         (i) The capacity of a high-performing charter school
 1222  pursuant to subsection (11) shall be determined annually by the
 1223  governing board of the charter school. The governing board shall
 1224  notify the sponsor of any increase in enrollment by March 1 of
 1225  the school year preceding the increase.
 1226         (14)(11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
 1227  ACTIVITIES.—A charter school student is eligible to participate
 1228  in an interscholastic extracurricular activity at the public
 1229  school to which the student would be otherwise assigned to
 1230  attend pursuant to s. 1006.15(3)(d).
 1231         (15)(12) EMPLOYEES OF CHARTER SCHOOLS.—
 1232         (a) A charter school shall select its own employees. A
 1233  charter school may contract with its sponsor for the services of
 1234  personnel employed by the sponsor.
 1235         (b) Charter school employees shall have the option to
 1236  bargain collectively. Employees may collectively bargain as a
 1237  separate unit or as part of the existing district collective
 1238  bargaining unit as determined by the structure of the charter
 1239  school.
 1240         (c) The employees of a conversion charter school shall
 1241  remain public employees for all purposes, unless such employees
 1242  choose not to do so.
 1243         (d) The teachers at a charter school may choose to be part
 1244  of a professional group that subcontracts with the charter
 1245  school to operate the instructional program under the auspices
 1246  of a partnership or cooperative that they collectively own.
 1247  Under this arrangement, the teachers would not be public
 1248  employees.
 1249         (e) Employees of a school district may take leave to accept
 1250  employment in a charter school upon the approval of the district
 1251  school board. While employed by the charter school and on leave
 1252  that is approved by the district school board, the employee may
 1253  retain seniority accrued in that school district and may
 1254  continue to be covered by the benefit programs of that school
 1255  district, if the charter school and the district school board
 1256  agree to this arrangement and its financing. School districts
 1257  shall not require resignations from instructional personnel,
 1258  school administrators, or educational support employees who
 1259  desire employment of teachers desiring to teach in a charter
 1260  school. This paragraph shall not prohibit a district school
 1261  board from approving alternative leave arrangements consistent
 1262  with chapter 1012.
 1263         (f) Teachers employed by or under contract to a charter
 1264  school shall be certified as required by chapter 1012. A charter
 1265  school governing board may employ or contract with skilled
 1266  selected noncertified personnel to provide instructional
 1267  services or to assist instructional staff members as education
 1268  paraprofessionals in the same manner as defined in chapter 1012,
 1269  and as provided by State Board of Education rule for charter
 1270  school governing boards. A charter school may not knowingly
 1271  employ an individual to provide instructional services or to
 1272  serve as an education paraprofessional if the individual’s
 1273  certification or licensure as an educator is suspended or
 1274  revoked by this or any other state. A charter school may not
 1275  knowingly employ an individual who has resigned from a school
 1276  district in lieu of disciplinary action with respect to child
 1277  welfare or safety, or who has been dismissed for just cause by
 1278  any school district with respect to child welfare or safety. The
 1279  qualifications of teachers shall be disclosed to parents.
 1280         (g)1. A charter school shall employ or contract with
 1281  employees who have undergone background screening as provided in
 1282  s. 1012.32. Members of the governing board of the charter school
 1283  shall also undergo background screening in a manner similar to
 1284  that provided in s. 1012.32.
 1285         2. A charter school shall disqualify instructional
 1286  personnel and school administrators, as defined in s. 1012.01,
 1287  from employment in any position that requires direct contact
 1288  with students if the personnel or administrators are ineligible
 1289  for such employment under s. 1012.315.
 1290         3. The governing board of a charter school shall adopt
 1291  policies establishing standards of ethical conduct for
 1292  instructional personnel and school administrators. The policies
 1293  must require all instructional personnel and school
 1294  administrators, as defined in s. 1012.01, to complete training
 1295  on the standards; establish the duty of instructional personnel
 1296  and school administrators to report, and procedures for
 1297  reporting, alleged misconduct by other instructional personnel
 1298  and school administrators which affects the health, safety, or
 1299  welfare of a student; and include an explanation of the
 1300  liability protections provided under ss. 39.203 and 768.095. A
 1301  charter school, or any of its employees, may not enter into a
 1302  confidentiality agreement regarding terminated or dismissed
 1303  instructional personnel or school administrators, or personnel
 1304  or administrators who resign in lieu of termination, based in
 1305  whole or in part on misconduct that affects the health, safety,
 1306  or welfare of a student, and may not provide instructional
 1307  personnel or school administrators with employment references or
 1308  discuss the personnel’s or administrators’ performance with
 1309  prospective employers in another educational setting, without
 1310  disclosing the personnel’s or administrators’ misconduct. Any
 1311  part of an agreement or contract that has the purpose or effect
 1312  of concealing misconduct by instructional personnel or school
 1313  administrators which affects the health, safety, or welfare of a
 1314  student is void, is contrary to public policy, and may not be
 1315  enforced.
 1316         4. Before employing instructional personnel or school
 1317  administrators in any position that requires direct contact with
 1318  students, a charter school shall conduct employment history
 1319  checks of each of the personnel’s or administrators’ previous
 1320  employers, screen the instructional personnel or school
 1321  administrators through use of the educator screening tools
 1322  described in s. 1001.10(5), and document the findings. If unable
 1323  to contact a previous employer, the charter school must document
 1324  efforts to contact the employer.
 1325         5. The sponsor of a charter school that knowingly fails to
 1326  comply with this paragraph shall terminate the charter under
 1327  subsection (9) (8).
 1328         (h) For the purposes of tort liability, the governing body
 1329  and employees of a charter school shall be governed by s.
 1330  768.28.
 1331         (i) A charter school shall organize as, or be operated by,
 1332  a nonprofit organization. A charter school may be operated by a
 1333  municipality or other public entity as provided for by law. As
 1334  such, the charter school may be either a private or a public
 1335  employer. As a public employer, a charter school may participate
 1336  in the Florida Retirement System upon application and approval
 1337  as a “covered group” under s. 121.021(34). If a charter school
 1338  participates in the Florida Retirement System, the charter
 1339  school employees shall be compulsory members of the Florida
 1340  Retirement System. As either a private or a public employer, a
 1341  charter school may contract for services with an individual or
 1342  group of individuals who are organized as a partnership or a
 1343  cooperative. Individuals or groups of individuals who contract
 1344  their services to the charter school are not public employees.
 1345         (j) A sponsor may not require that the members of the
 1346  governing board of a charter school reside in the district in
 1347  which the charter school is located. The sponsor must allow
 1348  charter school management personnel to represent the charter
 1349  school on the governing board if approved in accordance with the
 1350  charter school’s governing documents.
 1351         (16)(13) CHARTER SCHOOL COOPERATIVES.—Charter schools may
 1352  enter into cooperative agreements to form charter school
 1353  cooperative organizations that may provide the following
 1354  services: charter school planning and development, direct
 1355  instructional services, and contracts with charter school
 1356  governing boards to provide personnel administrative services,
 1357  payroll services, human resource management, evaluation and
 1358  assessment services, teacher preparation, and professional
 1359  development.
 1360         (17)(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
 1361  INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
 1362  TAXING POWER NOT TO BE PLEDGED.—Any arrangement entered into to
 1363  borrow or otherwise secure funds for a charter school authorized
 1364  in this section from a source other than the state or a school
 1365  district shall indemnify the state and the school district from
 1366  any and all liability, including, but not limited to, financial
 1367  responsibility for the payment of the principal or interest. Any
 1368  loans, bonds, or other financial agreements are not obligations
 1369  of the state or the school district but are obligations of the
 1370  charter school authority and are payable solely from the sources
 1371  of funds pledged by such agreement. The credit or taxing power
 1372  of the state or the school district shall not be pledged and no
 1373  debts shall be payable out of any moneys except those of the
 1374  legal entity in possession of a valid charter approved by a
 1375  district school board pursuant to this section.
 1376         (18)(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS
 1377  IN-A-MUNICIPALITY.—
 1378         (a) In order to increase business partnerships in
 1379  education, to reduce school and classroom overcrowding
 1380  throughout the state, and to offset the high costs for
 1381  educational facilities construction, the Legislature intends to
 1382  encourage the formation of business partnership schools or
 1383  satellite learning centers and municipal-operated schools
 1384  through charter school status.
 1385         (b) A charter school-in-the-workplace may be established,
 1386  for example, when a business partner provides the school
 1387  facility to be used; enrolls students based upon a random
 1388  lottery that involves all of the children of employees of that
 1389  business or corporation or residents of that municipality who
 1390  are seeking enrollment, as provided for in subsection (13) (10);
 1391  and enrolls students according to the racial/ethnic balance
 1392  provisions described in subparagraph (8)(a)8. (7)(a)8. However,
 1393  this arrangement is not meant to be an exhaustive list of how a
 1394  charter school-in-the-workplace may be formed. A municipality
 1395  may be a business partner notwithstanding paragraph (c). Any
 1396  portion of a facility used for a public charter school shall be
 1397  exempt from ad valorem taxes, as provided for in s. 1013.54, for
 1398  the duration of its use as a public school. A business partner
 1399  may also provide property and other items of value as an offset
 1400  to any facility contribution. This subsection does not prohibit
 1401  any party to arrange for third-party financing to construct the
 1402  school building or for the business partner to charge rent for
 1403  any facility provided.
 1404         (c) A charter school-in-a-municipality designation may be
 1405  granted to a municipality that possesses a charter; enrolls
 1406  students based upon a random lottery that involves all of the
 1407  children of the residents of that municipality who are seeking
 1408  enrollment, as provided for in subsection (13) (10); and enrolls
 1409  students according to the racial/ethnic balance provisions
 1410  described in subparagraph (8)(a)8 (7)(a)8. When a municipality
 1411  has submitted charter applications for the establishment of a
 1412  charter school feeder pattern, consisting of elementary, middle,
 1413  and senior high schools, and each individual charter application
 1414  is approved by the district school board, such schools shall
 1415  then be designated as one charter school for all purposes listed
 1416  pursuant to this section. Any portion of the land and facility
 1417  used for a public charter school shall be exempt from ad valorem
 1418  taxes, as provided for in s. 1013.54, for the duration of its
 1419  use as a public school.
 1420         (d) As used in this subsection, the terms “business
 1421  partner” or “municipality” may include more than one business or
 1422  municipality to form a charter school-in-the-workplace or
 1423  charter school-in-a-municipality.
 1424         (19)(16) EXEMPTION FROM STATUTES.—
 1425         (a) A charter school shall operate in accordance with its
 1426  charter and shall be exempt from all statutes in chapters 1000
 1427  1013. However, a charter school shall be in compliance with the
 1428  following statutes in chapters 1000-1013:
 1429         1. Those statutes specifically applying to charter schools,
 1430  including this section.
 1431         2. Those statutes pertaining to the student assessment
 1432  program and school grading system.
 1433         3. Those statutes pertaining to the provision of services
 1434  to students with disabilities.
 1435         4. Those statutes pertaining to civil rights, including s.
 1436  1000.05, relating to discrimination.
 1437         5. Those statutes pertaining to student health, safety, and
 1438  welfare.
 1439         (b) Additionally, a charter school shall be in compliance
 1440  with the following statutes:
 1441         1. Section 286.011, relating to public meetings and
 1442  records, public inspection, and criminal and civil penalties.
 1443         2. Chapter 119, relating to public records.
 1444         3. Section 1003.03, relating to the maximum class size,
 1445  except that the calculation for compliance pursuant to s.
 1446  1003.03 shall be the average at the school level.
 1447         (20)(17) FUNDING.—Students enrolled in a charter school,
 1448  regardless of the sponsorship, shall be funded as if they are in
 1449  a basic program or a special program, the same as students
 1450  enrolled in other public schools in the school district. Charter
 1451  school students shall be funded regardless of whether the
 1452  student’s home address lies within the school district
 1453  sponsoring the charter school. Funding for a charter lab school
 1454  shall be as provided in s. 1002.32.
 1455         (a) Each charter school shall report its student enrollment
 1456  to the sponsor as required in s. 1011.62, and in accordance with
 1457  the definitions in s. 1011.61. The sponsor shall include each
 1458  charter school’s enrollment in the district’s report of student
 1459  enrollment. All charter schools submitting student record
 1460  information required by the Department of Education shall comply
 1461  with the Department of Education’s guidelines for electronic
 1462  data formats for such data, and all districts shall accept
 1463  electronic data that complies with the Department of Education’s
 1464  electronic format.
 1465         (b) The basis for the agreement for funding students
 1466  enrolled in a charter school shall be the sum of the school
 1467  district’s operating funds from the Florida Education Finance
 1468  Program as provided in s. 1011.62 and the General Appropriations
 1469  Act, including gross state and local funds, discretionary
 1470  lottery funds, and funds from the school district’s current
 1471  operating discretionary millage levy; divided by total funded
 1472  weighted full-time equivalent students in the school district;
 1473  multiplied by the weighted full-time equivalent students for the
 1474  charter school. Charter schools whose students or programs meet
 1475  the eligibility criteria in law shall be entitled to their
 1476  proportionate share of categorical program funds included in the
 1477  total funds available in the Florida Education Finance Program
 1478  by the Legislature, including transportation. Total funding for
 1479  each charter school shall be recalculated during the year to
 1480  reflect the revised calculations under the Florida Education
 1481  Finance Program by the state and the actual weighted full-time
 1482  equivalent students reported by the charter school during the
 1483  full-time equivalent student survey periods designated by the
 1484  Commissioner of Education.
 1485         (c) If the district school board is providing programs or
 1486  services to students funded by federal funds, any eligible
 1487  students enrolled in charter schools in the school district
 1488  shall be provided federal funds for the same level of service
 1489  provided students in the schools operated by the district school
 1490  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
 1491  charter schools shall receive all federal funding for which the
 1492  school is otherwise eligible, including Title I funding, not
 1493  later than 5 months after the charter school first opens and
 1494  within 5 months after any subsequent expansion of enrollment.
 1495         (d) Charter schools shall be included by the Department of
 1496  Education and the district school board in requests for federal
 1497  stimulus funds in the same manner as district school board
 1498  operated public schools, including Title I and IDEA funds and
 1499  shall be entitled to receive such funds. Charter schools are
 1500  eligible to participate in federal competitive grants that are
 1501  available as part of the federal stimulus funds.
 1502         (e) District school boards shall make timely and efficient
 1503  payment and reimbursement to charter schools, including
 1504  processing paperwork required to access special state and
 1505  federal funding for which they may be eligible. The district
 1506  school board may distribute funds to a charter school for up to
 1507  3 months based on the projected full-time equivalent student
 1508  membership of the charter school. Thereafter, the results of
 1509  full-time equivalent student membership surveys shall be used in
 1510  adjusting the amount of funds distributed monthly to the charter
 1511  school for the remainder of the fiscal year. The payment shall
 1512  be issued no later than 10 working days after the district
 1513  school board receives a distribution of state or federal funds.
 1514  If a warrant for payment is not issued within 10 working days
 1515  after receipt of funding by the district school board, the
 1516  school district shall pay to the charter school, in addition to
 1517  the amount of the scheduled disbursement, interest at a rate of
 1518  1 percent per month calculated on a daily basis on the unpaid
 1519  balance from the expiration of the 10 working days until such
 1520  time as the warrant is issued.
 1521         (21)(18) FACILITIES.—
 1522         (a) A startup charter school shall utilize facilities which
 1523  comply with the Florida Building Code pursuant to chapter 553
 1524  except for the State Requirements for Educational Facilities.
 1525  Conversion charter schools shall utilize facilities that comply
 1526  with the State Requirements for Educational Facilities provided
 1527  that the school district and the charter school have entered
 1528  into a mutual management plan for the reasonable maintenance of
 1529  such facilities. The mutual management plan shall contain a
 1530  provision by which the district school board agrees to maintain
 1531  charter school facilities in the same manner as its other public
 1532  schools within the district. Charter schools, with the exception
 1533  of conversion charter schools, are not required to comply, but
 1534  may choose to comply, with the State Requirements for
 1535  Educational Facilities of the Florida Building Code adopted
 1536  pursuant to s. 1013.37. The local governing authority shall not
 1537  adopt or impose local building requirements or restrictions that
 1538  are more stringent than those found in the Florida Building
 1539  Code. The agency having jurisdiction for inspection of a
 1540  facility and issuance of a certificate of occupancy shall be the
 1541  local municipality or, if in an unincorporated area, the county
 1542  governing authority.
 1543         (b) A charter school shall utilize facilities that comply
 1544  with the Florida Fire Prevention Code, pursuant to s. 633.025,
 1545  as adopted by the authority in whose jurisdiction the facility
 1546  is located as provided in paragraph (a).
 1547         (c) Any facility, or portion thereof, used to house a
 1548  charter school whose charter has been approved by the sponsor
 1549  and the governing board, pursuant to subsection (8) (7), shall
 1550  be exempt from ad valorem taxes pursuant to s. 196.1983.
 1551  Library, community service, museum, performing arts, theatre,
 1552  cinema, church, community college, college, and university
 1553  facilities may provide space to charter schools within their
 1554  facilities under their preexisting zoning and land use
 1555  designations.
 1556         (d) Charter school facilities are exempt from assessments
 1557  of fees for building permits, except as provided in s. 553.80;
 1558  fees for building and occupational licenses; all concurrency and
 1559  other impact fees or exactions; service availability fees; and
 1560  assessments for special benefits. Any developer who donates land
 1561  or other facilities for a charter school shall receive
 1562  appropriate impact fee and concurrency credits.
 1563         (e) If a district school board facility or property is
 1564  available because it is surplus, marked for disposal, or
 1565  otherwise unused, it shall be provided for a charter school’s
 1566  use on the same basis as it is made available to other public
 1567  schools in the district. A charter school receiving property
 1568  from the school district may not sell or dispose of such
 1569  property without written permission of the school district.
 1570  Similarly, for an existing public school converting to charter
 1571  status, no rental or leasing fee for the existing facility or
 1572  for the property normally inventoried to the conversion school
 1573  may be charged by the district school board to the parents and
 1574  teachers organizing the charter school. The charter school shall
 1575  agree to reasonable maintenance provisions in order to maintain
 1576  the facility in a manner similar to district school board
 1577  standards. The Public Education Capital Outlay maintenance funds
 1578  or any other maintenance funds generated by the facility
 1579  operated as a conversion school shall remain with the conversion
 1580  school.
 1581         (f) To the extent that charter school facilities are
 1582  specifically created to mitigate the educational impact created
 1583  by the development of new residential dwelling units, pursuant
 1584  to subparagraph (2)(c)4., some of or all of the educational
 1585  impact fees required to be paid in connection with the new
 1586  residential dwelling units may be designated instead for the
 1587  construction of the charter school facilities that will mitigate
 1588  the student station impact. Such facilities shall be built to
 1589  the State Requirements for Educational Facilities and shall be
 1590  owned by a public or nonprofit entity. The local school district
 1591  retains the right to monitor and inspect such facilities to
 1592  ensure compliance with the State Requirements for Educational
 1593  Facilities. If a facility ceases to be used for public
 1594  educational purposes, either the facility shall revert to the
 1595  school district subject to any debt owed on the facility, or the
 1596  owner of the facility shall have the option to refund all
 1597  educational impact fees utilized for the facility to the school
 1598  district. The district and the owner of the facility may
 1599  contractually agree to another arrangement for the facilities if
 1600  the facilities cease to be used for educational purposes. The
 1601  owner of property planned or approved for new residential
 1602  dwelling units and the entity levying educational impact fees
 1603  shall enter into an agreement that designates the educational
 1604  impact fees that will be allocated for the charter school
 1605  student stations and that ensures the timely construction of the
 1606  charter school student stations concurrent with the expected
 1607  occupancy of the residential units. The application for use of
 1608  educational impact fees shall include an approved charter school
 1609  application. To assist the school district in forecasting
 1610  student station needs, the entity levying the impact fees shall
 1611  notify the affected district of any agreements it has approved
 1612  for the purpose of mitigating student station impact from the
 1613  new residential dwelling units.
 1614         (g) Each school district shall annually provide to the
 1615  Department of Education as part of its 5-year work plan the
 1616  number of existing vacant classrooms in each school that the
 1617  district does not intend to use or does not project will be
 1618  needed for educational purposes for the following school year.
 1619  The department may recommend that a district make such space
 1620  available to an appropriate charter school.
 1621         (22)(19) CAPITAL OUTLAY FUNDING.—Charter schools are
 1622  eligible for capital outlay funds pursuant to s. 1013.62.
 1623  Capital outlay funds authorized in s. 1011.71(2) that have been
 1624  shared with a charter school-in-the-workplace prior to July 1,
 1625  2010, are deemed to have met the authorized expenditure
 1626  requirements for such funds.
 1627         (23)(20) SERVICES.—
 1628         (a)1. If requested by the charter school, a sponsor shall
 1629  provide certain administrative and educational services to
 1630  charter schools, including student transportation and lunch
 1631  services, at the same cost to the charter school as is incurred
 1632  by the sponsor. These services shall include contract management
 1633  services; full-time equivalent and data reporting services;
 1634  exceptional student education administration services; services
 1635  related to eligibility and reporting duties required to ensure
 1636  that school lunch services under the federal lunch program,
 1637  consistent with the needs of the charter school, are provided by
 1638  the school district at the request of the charter school, that
 1639  any funds due to the charter school under the federal lunch
 1640  program be paid to the charter school as soon as the charter
 1641  school begins serving food under the federal lunch program, and
 1642  that the charter school is paid at the same time and in the same
 1643  manner under the federal lunch program as other public schools
 1644  serviced by the sponsor or the school district; test
 1645  administration services, including payment of the costs of
 1646  state-required or district-required student assessments;
 1647  processing of teacher certificate data services; and information
 1648  services, including equal access to student information systems
 1649  that are used by public schools in the district in which the
 1650  charter school is located. Student performance data for each
 1651  student in a charter school, including, but not limited to, FCAT
 1652  scores, standardized test scores, previous public school student
 1653  report cards, and student performance measures, shall be
 1654  provided by the sponsor to a charter school in the same manner
 1655  provided to other public schools in the district.
 1656         2. A total administrative fee for the provision of such
 1657  services shall be calculated based upon up to 5 percent of the
 1658  available funds defined in paragraph (20)(b) (17)(b) for all
 1659  students. However, a sponsor may only withhold up to a 5-percent
 1660  administrative fee for enrollment for up to and including 250
 1661  students. For charter schools with a population of 251 or more
 1662  students, the difference between the total administrative fee
 1663  calculation and the amount of the administrative fee withheld
 1664  may only be used for capital outlay purposes specified in s.
 1665  1013.62(2).
 1666         3. In addition, a sponsor may withhold only up to a 5
 1667  percent administrative fee for enrollment for up to and
 1668  including 500 students within a system of charter schools which
 1669  meets all of the following:
 1670         a. Includes both conversion charter schools and
 1671  nonconversion charter schools;
 1672         b. Has all schools located in the same county;
 1673         c. Has a total enrollment exceeding the total enrollment of
 1674  at least one school district in the state;
 1675         d. Has the same governing board; and
 1676         e. Does not contract with a for-profit service provider for
 1677  management of school operations.
 1678         4. The difference between the total administrative fee
 1679  calculation and the amount of the administrative fee withheld
 1680  pursuant to subparagraph 3. may be used for instructional and
 1681  administrative purposes as well as for capital outlay purposes
 1682  specified in s. 1013.62(2).
 1683         5. Each charter school shall receive 100 percent of the
 1684  funds awarded to that school pursuant to s. 1012.225. Sponsors
 1685  shall not charge charter schools any additional fees or
 1686  surcharges for administrative and educational services in
 1687  addition to the maximum 5-percent administrative fee withheld
 1688  pursuant to this paragraph.
 1689         (b) If goods and services are made available to the charter
 1690  school through the contract with the school district, they shall
 1691  be provided to the charter school at a rate no greater than the
 1692  district’s actual cost unless mutually agreed upon by the
 1693  charter school and the sponsor in a contract negotiated
 1694  separately from the charter. When mediation has failed to
 1695  resolve disputes over contracted services or contractual matters
 1696  not included in the charter, an appeal may be made for a dispute
 1697  resolution hearing before the Charter School Appeal Commission.
 1698  To maximize the use of state funds, school districts shall allow
 1699  charter schools to participate in the sponsor’s bulk purchasing
 1700  program if applicable.
 1701         (c) Transportation of charter school students may shall be
 1702  provided by the charter school consistent with the requirements
 1703  of subpart I.E. of chapter 1006 and s. 1012.45; however, a
 1704  charter school may not be required to provide transportation to
 1705  any charter school student who resides more than 4 miles from
 1706  the charter school in which the student is enrolled. The
 1707  governing body of the charter school may provide transportation
 1708  through an agreement or contract with the district school board,
 1709  a private provider, or parents. The charter school and the
 1710  sponsor shall cooperate in making arrangements that ensure that
 1711  transportation is not a barrier to equal access for all students
 1712  residing within a reasonable distance of the charter school as
 1713  determined in its charter.
 1714         (24)(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 1715         (a) The Department of Education shall provide information
 1716  to the public, directly and through sponsors, on how to form and
 1717  operate a charter school and how to enroll in a charter school
 1718  once it is created. This information shall include a standard
 1719  application format, charter format, evaluation instrument, and
 1720  charter renewal format, which shall include the information
 1721  specified in subsection (8) (7) and shall be developed by
 1722  consulting and negotiating with both school districts and
 1723  charter schools before implementation. The charter and charter
 1724  renewal formats shall be used by charter school sponsors.
 1725         (b)1. The Department of Education shall report student
 1726  assessment data pursuant to s. 1008.34(3)(c) which is reported
 1727  to schools that receive a school grade or student assessment
 1728  data pursuant to s. 1008.341(3) which is reported to alternative
 1729  schools that receive a school improvement rating to each charter
 1730  school that:
 1731         a. Does not receive a school grade pursuant to s. 1008.34
 1732  or a school improvement rating pursuant to s. 1008.341; and
 1733         b. Serves at least 10 students who are tested on the
 1734  statewide assessment test pursuant to s. 1008.22.
 1735         2. The charter school shall report the information in
 1736  subparagraph 1. to each parent of a student at the charter
 1737  school, the parent of a child on a waiting list for the charter
 1738  school, the district in which the charter school is located, and
 1739  the governing board of the charter school. This paragraph does
 1740  not abrogate the provisions of s. 1002.22, relating to student
 1741  records, or the requirements of 20 U.S.C. s. 1232g, the Family
 1742  Educational Rights and Privacy Act.
 1743         3.a. Pursuant to this paragraph, the Department of
 1744  Education shall compare the charter school student performance
 1745  data for each charter school in subparagraph 1. with the student
 1746  performance data in traditional public schools in the district
 1747  in which the charter school is located and other charter schools
 1748  in the state. For alternative charter schools, the department
 1749  shall compare the student performance data described in this
 1750  paragraph with all alternative schools in the state. The
 1751  comparative data shall be provided by the following grade
 1752  groupings:
 1753         (I) Grades 3 through 5;
 1754         (II) Grades 6 through 8; and
 1755         (III) Grades 9 through 11.
 1756         b. Each charter school shall provide the information
 1757  specified in this paragraph on its Internet website and also
 1758  provide notice to the public at large in a manner provided by
 1759  the rules of the State Board of Education. The State Board of
 1760  Education shall adopt rules to administer the notice
 1761  requirements of this subparagraph pursuant to ss. 120.536(1) and
 1762  120.54. The website shall include, through links or actual
 1763  content, other information related to school performance.
 1764         (22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.—
 1765         (a) The Department of Education shall staff and regularly
 1766  convene a Charter School Review Panel in order to review issues,
 1767  practices, and policies regarding charter schools. The
 1768  composition of the review panel shall include individuals with
 1769  experience in finance, administration, law, education, and
 1770  school governance, and individuals familiar with charter school
 1771  construction and operation. The panel shall include two
 1772  appointees each from the Commissioner of Education, the
 1773  President of the Senate, and the Speaker of the House of
 1774  Representatives. The Governor shall appoint three members of the
 1775  panel and shall designate the chair. Each member of the panel
 1776  shall serve a 1-year term, unless renewed by the office making
 1777  the appointment. The panel shall make recommendations to the
 1778  Legislature, to the Department of Education, to charter schools,
 1779  and to school districts for improving charter school operations
 1780  and oversight and for ensuring best business practices at and
 1781  fair business relationships with charter schools.
 1782         (b) The Legislature shall review the operation of charter
 1783  schools during the 2010 Regular Session of the Legislature.
 1784         (25)(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon
 1785  receipt of the annual report required by paragraph (10)(k)
 1786  (9)(k), the Department of Education shall provide to the State
 1787  Board of Education, the Commissioner of Education, the Governor,
 1788  the President of the Senate, and the Speaker of the House of
 1789  Representatives an analysis and comparison of the overall
 1790  performance of charter school students, to include all students
 1791  whose scores are counted as part of the statewide assessment
 1792  program, versus comparable public school students in the
 1793  district as determined by the statewide assessment program
 1794  currently administered in the school district, and other
 1795  assessments administered pursuant to s. 1008.22(3).
 1796         (26)(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
 1797         (a) This subsection applies to charter school personnel in
 1798  a charter school operated by a private entity. As used in this
 1799  subsection, the term:
 1800         1. “Charter school personnel” means a charter school owner,
 1801  president, chairperson of the governing board of directors,
 1802  superintendent, governing board member, principal, assistant
 1803  principal, or any other person employed by the charter school
 1804  who has equivalent decisionmaking authority and in whom is
 1805  vested the authority, or to whom the authority has been
 1806  delegated, to appoint, employ, promote, or advance individuals
 1807  or to recommend individuals for appointment, employment,
 1808  promotion, or advancement in connection with employment in a
 1809  charter school, including the authority as a member of a
 1810  governing body of a charter school to vote on the appointment,
 1811  employment, promotion, or advancement of individuals.
 1812         2. “Relative” means father, mother, son, daughter, brother,
 1813  sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
 1814  father-in-law, mother-in-law, son-in-law, daughter-in-law,
 1815  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
 1816  stepdaughter, stepbrother, stepsister, half brother, or half
 1817  sister.
 1818         (b) Charter school personnel may not appoint, employ,
 1819  promote, or advance, or advocate for appointment, employment,
 1820  promotion, or advancement, in or to a position in the charter
 1821  school in which the personnel are serving or over which the
 1822  personnel exercises jurisdiction or control any individual who
 1823  is a relative. An individual may not be appointed, employed,
 1824  promoted, or advanced in or to a position in a charter school if
 1825  such appointment, employment, promotion, or advancement has been
 1826  advocated by charter school personnel who serve in or exercise
 1827  jurisdiction or control over the charter school and who is a
 1828  relative of the individual or if such appointment, employment,
 1829  promotion, or advancement is made by the governing board of
 1830  which a relative of the individual is a member.
 1831         (c) The approval of budgets does not constitute
 1832  “jurisdiction or control” for the purposes of this subsection.
 1833  
 1834  Charter school personnel in schools operated by a municipality
 1835  or other public entity are subject to s. 112.3135.
 1836         (27)(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
 1837         (a) A member of a governing board of a charter school,
 1838  including a charter school operated by a private entity, is
 1839  subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
 1840         (b) A member of a governing board of a charter school
 1841  operated by a municipality or other public entity is subject to
 1842  s. 112.3144, which relates to the disclosure of financial
 1843  interests.
 1844         (28)(26) RULEMAKING.—The Department of Education, after
 1845  consultation with school districts and charter school directors,
 1846  shall recommend that the State Board of Education adopt rules to
 1847  implement specific subsections of this section. Such rules shall
 1848  require minimum paperwork and shall not limit charter school
 1849  flexibility authorized by statute. The State Board of Education
 1850  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
 1851  implement a charter model application form, evaluation
 1852  instrument, and charter and charter renewal formats in
 1853  accordance with this section.
 1854         Section 5. Paragraph (c) of subsection (10) and subsection
 1855  (13) of section 1002.34, Florida Statutes, are amended to read:
 1856         1002.34 Charter technical career centers.—
 1857         (10) EXEMPTION FROM STATUTES.—
 1858         (c) A center must comply with the antidiscrimination
 1859  provisions in s. 1000.05 and the provisions in s. 1002.33(26) s.
 1860  1002.33(24) which relate to the employment of relatives.
 1861         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
 1862  of a center may decide matters relating to the operation of the
 1863  school, including budgeting, curriculum, and operating
 1864  procedures, subject to the center’s charter. The board of
 1865  directors is responsible for performing the duties provided in
 1866  s. 1002.345, including monitoring the corrective action plan.
 1867  The board of directors must comply with s. 1002.33(27) s.
 1868  1002.33(25).
 1869         Section 6. Subsections (1), (2), and (6) of section
 1870  1002.345, Florida Statutes, are amended to read:
 1871         1002.345 Determination of deteriorating financial
 1872  conditions and financial emergencies for charter schools and
 1873  charter technical career centers.—This section applies to
 1874  charter schools operating pursuant to s. 1002.33 and to charter
 1875  technical career centers operating pursuant to s. 1002.34.
 1876         (1) EXPEDITED REVIEW; REQUIREMENTS.—
 1877         (a) A charter school or a charter technical career center
 1878  is subject to an expedited review by the sponsor if one of the
 1879  following occurs:
 1880         1. Failure to provide for an audit required by s. 218.39.
 1881         2. Failure to comply with reporting requirements pursuant
 1882  to s. 1002.33(10) s. 1002.33(9) or s. 1002.34(11)(f) or (14).
 1883         3. A deteriorating financial condition identified through
 1884  an annual audit pursuant to s. 218.39(5) or a monthly financial
 1885  statement pursuant to s. 1002.33(10)(g) s. 1002.33(9)(g) or s.
 1886  1002.34(11)(f). “Deteriorating financial condition” means a
 1887  circumstance that significantly impairs the ability of a charter
 1888  school or a charter technical career center to generate enough
 1889  revenues to meet its expenditures without causing the occurrence
 1890  of a condition described in s. 218.503(1).
 1891         4. Notification pursuant to s. 218.503(2) that one or more
 1892  of the conditions specified in s. 218.503(1) have occurred or
 1893  will occur if action is not taken to assist the charter school
 1894  or charter technical career center.
 1895         (b) A sponsor shall notify the governing board within 7
 1896  business days after one or more of the conditions specified in
 1897  paragraph (a) occur.
 1898         (c) The governing board and the sponsor shall develop a
 1899  corrective action plan and file the plan with the Commissioner
 1900  of Education within 30 business days after notification is
 1901  received as provided in paragraph (b). If the governing board
 1902  and the sponsor are unable to agree on a corrective action plan,
 1903  the Commissioner of Education shall determine the components of
 1904  the plan. The governing board shall implement such plan.
 1905         (d) The governing board shall include the corrective action
 1906  plan and the status of its implementation in the annual progress
 1907  report to the sponsor which is required pursuant to s.
 1908  1002.33(10)(k) s. 1002.33(9)(k) or s. 1002.34(14).
 1909         (e) If the governing board fails to implement the
 1910  corrective action plan within 1 year after one or more of the
 1911  conditions specified in paragraph (a) occur, the State Board of
 1912  Education shall prescribe any steps necessary for the charter
 1913  school or the charter technical career center to comply with
 1914  state requirements.
 1915         (f) The chair of the governing board shall annually appear
 1916  before the State Board of Education and report on the
 1917  implementation of the State Board of Education’s requirements
 1918  referenced in paragraph (e).
 1919         (2) FINANCIAL EMERGENCY; REQUIREMENTS.—
 1920         (a)1. If a financial audit conducted by a certified public
 1921  accountant in accordance with s. 218.39 reveals that one or more
 1922  of the conditions in s. 218.503(1) have occurred or will occur
 1923  if action is not taken to assist the charter school or charter
 1924  technical career center, the auditor shall notify the governing
 1925  board of the charter school or charter technical career center,
 1926  as appropriate, the sponsor, and the Commissioner of Education
 1927  within 7 business days after the finding is made.
 1928         2. If the charter school or charter technical career center
 1929  is found to be in a state of financial emergency pursuant to s.
 1930  218.503(4), the charter school or charter technical career
 1931  center shall file a financial recovery plan pursuant to s.
 1932  218.503 with the sponsor and the Commissioner of Education
 1933  within 30 days after being notified by the Commissioner of
 1934  Education that a financial recovery plan is needed.
 1935         (b) The governing board shall include the financial
 1936  recovery plan and the status of its implementation in the annual
 1937  progress report to the sponsor which is required under s.
 1938  1002.33(10)(k) s. 1002.33(9)(k) or s. 1002.34(14).
 1939         (6) FAILURE TO CORRECT DEFICIENCIES.—The sponsor may decide
 1940  not to renew or may terminate a charter if the charter school or
 1941  charter technical career center fails to correct the
 1942  deficiencies noted in the corrective action plan within 1 year
 1943  after being notified of the deficiencies or exhibits one or more
 1944  financial emergency conditions specified in s. 218.503 for 2
 1945  consecutive years. This subsection does not affect a sponsor’s
 1946  authority to terminate or not renew a charter pursuant to s.
 1947  1002.33(9) s. 1002.33(8).
 1948         Section 7. Section 1011.68, Florida Statutes, is amended to
 1949  read:
 1950         1011.68 Funds for student transportation.—The annual
 1951  allocation to each district for transportation to public school
 1952  programs, including charter schools as provided in s.
 1953  1002.33(20)(b) s. 1002.33(17)(b), of students in membership in
 1954  kindergarten through grade 12 and in migrant and exceptional
 1955  student programs below kindergarten shall be determined as
 1956  follows:
 1957         (1) Subject to the rules of the State Board of Education,
 1958  each district shall determine the membership of students who are
 1959  transported:
 1960         (a) By reason of living 2 miles or more from school.
 1961         (b) By reason of being students with disabilities or
 1962  enrolled in a teenage parent program, regardless of distance to
 1963  school.
 1964         (c) By reason of being in a state prekindergarten program,
 1965  regardless of distance from school.
 1966         (d) By reason of being career, dual enrollment, or students
 1967  with disabilities transported from one school center to another
 1968  to participate in an instructional program or service; or
 1969  students with disabilities, transported from one designation to
 1970  another in the state, provided one designation is a school
 1971  center and provided the student’s individual educational plan
 1972  (IEP) identifies the need for the instructional program or
 1973  service and transportation to be provided by the school
 1974  district. A “school center” is defined as a public school
 1975  center, community college, state university, or other facility
 1976  rented, leased, or owned and operated by the school district or
 1977  another public agency. A “dual enrollment student” is defined as
 1978  a public school student in membership in both a public secondary
 1979  school program and a community college or a state university
 1980  program under a written agreement to partially fulfill ss.
 1981  1003.435 and 1007.23 and earning full-time equivalent membership
 1982  under s. 1011.62(1)(i).
 1983         (e) With respect to elementary school students whose grade
 1984  level does not exceed grade 6, by reason of being subjected to
 1985  hazardous walking conditions en route to or from school as
 1986  provided in s. 1006.23. Such rules shall, when appropriate,
 1987  provide for the determination of membership under this paragraph
 1988  for less than 1 year to accommodate the needs of students who
 1989  require transportation only until such hazardous conditions are
 1990  corrected.
 1991         (f) By reason of being a pregnant student or student
 1992  parent, and the child of a student parent as provided in s.
 1993  1003.54, regardless of distance from school.
 1994         (2) The allocation for each district shall be calculated
 1995  annually in accordance with the following formula:
 1996  
 1997  T = B + EX. The elements of this formula are defined as follows:
 1998  T is the total dollar allocation for transportation. B is the
 1999  base transportation dollar allocation prorated by an adjusted
 2000  student membership count. The adjusted membership count shall be
 2001  derived from a multiplicative index function in which the base
 2002  student membership is adjusted by multiplying it by index
 2003  numbers that individually account for the impact of the price
 2004  level index, average bus occupancy, and the extent of rural
 2005  population in the district. EX is the base transportation dollar
 2006  allocation for disabled students prorated by an adjusted
 2007  disabled student membership count. The base transportation
 2008  dollar allocation for disabled students is the total state base
 2009  disabled student membership count weighted for increased costs
 2010  associated with transporting disabled students and multiplying
 2011  it by an average per student cost for transportation as
 2012  determined by the Legislature. The adjusted disabled student
 2013  membership count shall be derived from a multiplicative index
 2014  function in which the weighted base disabled student membership
 2015  is adjusted by multiplying it by index numbers that individually
 2016  account for the impact of the price level index, average bus
 2017  occupancy, and the extent of rural population in the district.
 2018  Each adjustment factor shall be designed to affect the base
 2019  allocation by no more or less than 10 percent.
 2020         (3) The total allocation to each district for
 2021  transportation of students shall be the sum of the amounts
 2022  determined in subsection (2). If the funds appropriated for the
 2023  purpose of implementing this section are not sufficient to pay
 2024  the base transportation allocation and the base transportation
 2025  allocation for disabled students, the Department of Education
 2026  shall prorate the available funds on a percentage basis. If the
 2027  funds appropriated for the purpose of implementing this section
 2028  exceed the sum of the base transportation allocation and the
 2029  base transportation allocation for disabled students, the base
 2030  transportation allocation for disabled students shall be limited
 2031  to the amount calculated in subsection (2), and the remaining
 2032  balance shall be added to the base transportation allocation.
 2033         (4) No district shall use funds to purchase transportation
 2034  equipment and supplies at prices which exceed those determined
 2035  by the department to be the lowest which can be obtained, as
 2036  prescribed in s. 1006.27(1).
 2037         (5) Funds allocated or apportioned for the payment of
 2038  student transportation services may be used to pay for
 2039  transportation of students to and from school on local general
 2040  purpose transportation systems. Student transportation funds may
 2041  also be used to pay for transportation of students to and from
 2042  school in private passenger cars and boats when the
 2043  transportation is for isolated students, or students with
 2044  disabilities as defined by rule. Subject to the rules of the
 2045  State Board of Education, each school district shall determine
 2046  and report the number of assigned students using general purpose
 2047  transportation private passenger cars and boats. The allocation
 2048  per student must be equal to the allocation per student riding a
 2049  school bus.
 2050         (6) Notwithstanding other provisions of this section, in no
 2051  case shall any student or students be counted for transportation
 2052  funding more than once per day. This provision includes counting
 2053  students for funding pursuant to trips in school buses,
 2054  passenger cars, or boats or general purpose transportation.
 2055         Section 8. Paragraph (b) of subsection (2) of section
 2056  1012.32, Florida Statutes, is amended to read:
 2057         1012.32 Qualifications of personnel.—
 2058         (2)
 2059         (b) Instructional and noninstructional personnel who are
 2060  hired or contracted to fill positions in any charter school and
 2061  members of the governing board of any charter school, in
 2062  compliance with s. 1002.33(15)(g) s. 1002.33(12)(g), must, upon
 2063  employment, engagement of services, or appointment, undergo
 2064  background screening as required under s. 1012.465 or s.
 2065  1012.56, whichever is applicable, by filing with the district
 2066  school board for the school district in which the charter school
 2067  is located a complete set of fingerprints taken by an authorized
 2068  law enforcement agency or an employee of the school or school
 2069  district who is trained to take fingerprints.
 2070  
 2071  Fingerprints shall be submitted to the Department of Law
 2072  Enforcement for statewide criminal and juvenile records checks
 2073  and to the Federal Bureau of Investigation for federal criminal
 2074  records checks. A person subject to this subsection who is found
 2075  ineligible for employment under s. 1012.315, or otherwise found
 2076  through background screening to have been convicted of any crime
 2077  involving moral turpitude as defined by rule of the State Board
 2078  of Education, shall not be employed, engaged to provide
 2079  services, or serve in any position that requires direct contact
 2080  with students. Probationary persons subject to this subsection
 2081  terminated because of their criminal record have the right to
 2082  appeal such decisions. The cost of the background screening may
 2083  be borne by the district school board, the charter school, the
 2084  employee, the contractor, or a person subject to this
 2085  subsection.
 2086         Section 9. Paragraph (a) of subsection (1) of section
 2087  1013.62, Florida Statutes, is amended to read:
 2088         1013.62 Charter schools capital outlay funding.—
 2089         (1) In each year in which funds are appropriated for
 2090  charter school capital outlay purposes, the Commissioner of
 2091  Education shall allocate the funds among eligible charter
 2092  schools.
 2093         (a) To be eligible for a funding allocation, a charter
 2094  school must:
 2095         1.a. Have been in operation for 3 or more years;
 2096         b. Be governed by a governing board established in the
 2097  state for 3 or more years which operates both charter schools
 2098  and conversion charter schools within the state;
 2099         c. Be an expanded feeder chain of a charter school within
 2100  the same school district that is currently receiving charter
 2101  school capital outlay funds;
 2102         d. Have been accredited by the Commission on Schools of the
 2103  Southern Association of Colleges and Schools; or
 2104         e. Serve students in facilities that are provided by a
 2105  business partner for a charter school-in-the-workplace pursuant
 2106  to s. 1002.33(18)(b) s. 1002.33(15)(b).
 2107         2. Have financial stability for future operation as a
 2108  charter school.
 2109         3. Have satisfactory student achievement based on state
 2110  accountability standards applicable to the charter school.
 2111         4. Have received final approval from its sponsor pursuant
 2112  to s. 1002.33 for operation during that fiscal year.
 2113         5. Serve students in facilities that are not provided by
 2114  the charter school’s sponsor.
 2115         (e) Unless otherwise provided in the General Appropriations
 2116  Act, the funding allocation for each eligible charter school is
 2117  determined by multiplying the school’s projected student
 2118  enrollment by one-fifteenth of the cost-per-student station
 2119  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 2120  school, as appropriate. If the funds appropriated are not
 2121  sufficient, the commissioner shall prorate the available funds
 2122  among eligible charter schools. However, a charter school or
 2123  charter lab school may not receive state charter school capital
 2124  outlay funds greater than the one-fifteenth cost per student
 2125  station formula if the charter school’s combination of state
 2126  charter school capital outlay funds, capital outlay funds
 2127  calculated through the reduction in the administrative fee
 2128  provided in s. 1002.33(23) s. 1002.33(20), and capital outlay
 2129  funds allowed in s. 1002.32(9)(e) and (h) exceeds the one
 2130  fifteenth cost per student station formula.
 2131         (2) A charter school’s governing body may use charter
 2132  school capital outlay funds for the following purposes:
 2133         (a) Purchase of real property.
 2134         (b) Construction of school facilities.
 2135         (c) Purchase, lease-purchase, or lease of permanent or
 2136  relocatable school facilities.
 2137         (d) Purchase of vehicles to transport students to and from
 2138  the charter school.
 2139         (e) Renovation, repair, and maintenance of school
 2140  facilities that the charter school owns or is purchasing through
 2141  a lease-purchase or long-term lease of 5 years or longer.
 2142         (f) Effective July 1, 2008, purchase, lease-purchase, or
 2143  lease of new and replacement equipment, and enterprise resource
 2144  software applications that are classified as capital assets in
 2145  accordance with definitions of the Governmental Accounting
 2146  Standards Board, have a useful life of at least 5 years, and are
 2147  used to support schoolwide administration or state-mandated
 2148  reporting requirements.
 2149         (g) Payment of the cost of premiums for property and
 2150  casualty insurance necessary to insure the school facilities.
 2151         (h) Purchase, lease-purchase, or lease of driver’s
 2152  education vehicles; motor vehicles used for the maintenance or
 2153  operation of plants and equipment; security vehicles; or
 2154  vehicles used in storing or distributing materials and
 2155  equipment.
 2156  
 2157  Conversion charter schools may use capital outlay funds received
 2158  through the reduction in the administrative fee provided in s.
 2159  1002.33(23) s. 1002.33(20) for renovation, repair, and
 2160  maintenance of school facilities that are owned by the sponsor.
 2161         (3) When a charter school is nonrenewed or terminated, any
 2162  unencumbered funds and all equipment and property purchased with
 2163  district public funds shall revert to the ownership of the
 2164  district school board, as provided for in s. 1002.33(9)(e) s.
 2165  1002.33(8)(e) and (f). In the case of a charter lab school, any
 2166  unencumbered funds and all equipment and property purchased with
 2167  university public funds shall revert to the ownership of the
 2168  state university that issued the charter. The reversion of such
 2169  equipment, property, and furnishings shall focus on recoverable
 2170  assets, but not on intangible or irrecoverable costs such as
 2171  rental or leasing fees, normal maintenance, and limited
 2172  renovations. The reversion of all property secured with public
 2173  funds is subject to the complete satisfaction of all lawful
 2174  liens or encumbrances. If there are additional local issues such
 2175  as the shared use of facilities or partial ownership of
 2176  facilities or property, these issues shall be agreed to in the
 2177  charter contract prior to the expenditure of funds.
 2178         Section 10. College-preparatory boarding academy pilot
 2179  program for at-risk students.—
 2180         (1) PROGRAM CREATION.—The College-Preparatory Boarding
 2181  Academy Pilot Program is created for the purpose of providing
 2182  unique educational opportunities to dependent or at-risk
 2183  children who are academic underperformers, but who have the
 2184  potential to progress from at-risk to college-bound. The State
 2185  Board of Education shall implement this program.
 2186         (2) DEFINITIONS.—As used in this section, the term:
 2187         (a) “Eligible student” means a student who is a resident of
 2188  the state and entitled to attend school in a participating
 2189  school district; is at-risk of academic failure; is currently
 2190  enrolled in grade 5 or 6; is from a family whose income is below
 2191  200 percent of the federal poverty guidelines; and meets at
 2192  least two of the following additional risk factors:
 2193         1. The student has a record of suspensions, office
 2194  referrals, or chronic truancy.
 2195         2. The student has been referred for academic intervention
 2196  or has not attained at least a proficient score on the state
 2197  achievement assessment in English and language arts, reading, or
 2198  mathematics.
 2199         3. The student’s parent is a single parent.
 2200         4. The student does not live with the student’s custodial
 2201  parent.
 2202         5. The student has received a referral from a school,
 2203  teacher, counselor, dependency court circuit judge, or
 2204  community-based care organization.
 2205         6. The student resides in a household that receives a
 2206  housing voucher or has been determined as eligible for public
 2207  housing assistance.
 2208         7. A member of the student’s immediate family has been
 2209  incarcerated.
 2210         8. The student has been declared an adjudicated dependent
 2211  by a court of competent jurisdiction.
 2212         9. The student meets any additional criteria prescribed by
 2213  an agreement between the State Board of Education and the
 2214  operator of the program.
 2215         (b) “Board” means the board of trustees of the college
 2216  preparatory boarding academy for at-risk students.
 2217         (c) “Operator” means a private nonprofit corporation that
 2218  is selected by the state under subsection (3) to operate the
 2219  college-preparatory boarding academy for at-risk students.
 2220         (d) “Program” means the college-preparatory boarding
 2221  academy for at-risk students which includes:
 2222         1. A remedial curriculum for middle school grades;
 2223         2. The college-preparatory curriculum for high school
 2224  grades;
 2225         3. Extracurricular activities, including athletics and
 2226  cultural events;
 2227         4. College admissions counseling;
 2228         5. Health and mental health services;
 2229         6. Tutoring;
 2230         7. Community service and service learning opportunities;
 2231         8. A residential student life program;
 2232         9. Extended school days and supplemental programs; and
 2233         10. Professional services focused on the language arts
 2234  standards, math standards, science standards, technology
 2235  standards, and developmental or life skill standards using
 2236  innovative and best practices for all students.
 2237         (e) “Sponsor” means a public school district that acts as
 2238  sponsor pursuant to s. 1002.33, Florida Statutes.
 2239         (3)PROPOSALS.—
 2240         (a) The State Board of Education shall select a private
 2241  nonprofit corporation to operate the college-preparatory
 2242  boarding academy for at-risk students which meets the following
 2243  qualifications:
 2244         1. The nonprofit corporation has, or will receive as a
 2245  condition of the contract, a public charter school authorized
 2246  under s. 1002.33, Florida Statutes, to offer grades 6 through 12
 2247  or has a partnership with a sponsor to operate a school.
 2248         2. The nonprofit corporation has experience operating a
 2249  school or program similar to that authorized under this section.
 2250         3. The nonprofit corporation has demonstrated success with
 2251  a school or program similar to that authorized under this
 2252  section.
 2253         4. The nonprofit corporation has the capacity to finance
 2254  and secure private funds for the development of a campus for the
 2255  program.
 2256         (b) Within 60 days after July 1, 2011, the State Board of
 2257  Education shall issue a request for proposals from private
 2258  nonprofit corporations interested in operating the college
 2259  preparatory academy for at-risk students. The state board shall
 2260  select the operator from among the qualified responders within
 2261  120 days after the issuance of the requests for proposal.
 2262         (c) Each proposal must contain the following information:
 2263         1. The proposed location of the college-preparatory
 2264  boarding academy;
 2265         2. A plan for offering grade 6 in the program’s initial
 2266  year of operation and a plan for expanding the grade levels
 2267  offered by the school in subsequent years; and
 2268         3. Any other information about the proposed educational
 2269  program, facilities, or operations of the school as determined
 2270  necessary by the state board.
 2271         (4) CONTRACT.—The State Board of Education shall enter into
 2272  a contract with the operator of the college-preparatory boarding
 2273  academy. The contract must stipulate that:
 2274         (a) The academy may operate only if, and to the extent
 2275  that, it holds a valid charter authorized under s. 1002.33,
 2276  Florida Statutes, or is authorized by a local school district
 2277  defined as a sponsor pursuant to s. 1002.33, Florida Statutes.
 2278         (b) The operator shall finance and oversee the acquisition
 2279  of a facility for the academy.
 2280         (c) The operator shall operate the academy in accordance
 2281  with the terms of the proposal accepted by the state board.
 2282         (d) The operator shall comply with this section.
 2283         (e) The operator shall comply with any other provisions of
 2284  law specified in the contract, the charter granted by the local
 2285  school district or operating agreement with the sponsor, and the
 2286  rules adopted by the state board for schools operating in this
 2287  state.
 2288         (f) The operator shall comply with the bylaws that it
 2289  adopts.
 2290         (g) The operator shall comply with standards for admission
 2291  of students to the academy and the dismissal of students from
 2292  the academy which are included in the contract and may be
 2293  reevaluated and revised by mutual agreement between the operator
 2294  and the state board.
 2295         (h) The operator shall meet the academic goals and other
 2296  performance standards established by the contract.
 2297         (i) The state board or the operator may terminate the
 2298  contract in accordance with the procedures specified in the
 2299  contract, which shall at least require that the party seeking
 2300  termination give prior written notice of the intent to terminate
 2301  the contract and require that the party receiving the
 2302  termination notice be granted an opportunity to redress any
 2303  grievances cited therein.
 2304         (j) If the school closes for any reason, the academy’s
 2305  board of trustees shall execute the closing in a manner
 2306  specified in the contract.
 2307         (5) OPERATOR BYLAWS.—The operator of the college
 2308  preparatory boarding academy for at-risk students shall adopt
 2309  bylaws for the oversight and operation of the academy which are
 2310  consistent with this section, state law, and the contract
 2311  between the operator and the State Board of Education. The
 2312  bylaws shall include procedures for the appointment of board
 2313  members to the academy’s board of trustees, which may not exceed
 2314  25 members, five members of which shall be appointed by the
 2315  Governor with the advice and consent of the Senate. The bylaws
 2316  shall be subject to approval of the state board.
 2317         (6) OUTREACH.—The operator of the college-preparatory
 2318  boarding academy shall adopt an outreach program with the local
 2319  education agency or school district and community. The outreach
 2320  program shall give special attention to the recruitment of
 2321  children in the state’s foster care program as a dependent child
 2322  or as a child in a program to prevent dependency who are
 2323  academic underperformers who, if given the unique educational
 2324  opportunity found in the program, have the potential to progress
 2325  from at-risk children to college-bound children.
 2326         (7) FUNDING.—The college-preparatory boarding academy shall
 2327  be a public school and is part of the state’s program of
 2328  education. If the program receives state funding from
 2329  noneducation sources, the State Board of Education shall
 2330  coordinate, streamline, and simplify any requirements to
 2331  eliminate duplicate, redundant, or conflicting requirements and
 2332  oversight by various governmental programs or agencies. The
 2333  applicable regulating entities shall, to the maximum extent
 2334  feasible, use independent reports and financial audits provided
 2335  by the program and coordinated by the state board to eliminate
 2336  or reduce contract and administrative reviews. Additional items
 2337  may be suggested, if reasonable, to the state board to be
 2338  included in independent reports and financial audits for the
 2339  purpose of implementing this section. Reporting paperwork that
 2340  is prepared for the state and local education agency must also
 2341  be shared with and accepted by other state and local regulatory
 2342  entities, to the maximum extent feasible.
 2343         (8) PROGRAM CAPACITY.—Beginning August 2012, the college
 2344  preparatory boarding academy shall admit 80 students. In each
 2345  additional fiscal year, the program shall grow by an additional
 2346  number of students, as specified in the contract, until the
 2347  program reaches a capacity of 400 students.
 2348         (9) STUDENT SERVICES.—Students enrolled in the program who
 2349  have been adjudicated dependent must remain under the case
 2350  management services and supervision of the lead agency and its
 2351  respective providers. The operator may contract with its own
 2352  licensed providers as necessary to provide services to children
 2353  in the program and to ensure continuity of the full range of
 2354  services required by children in foster care who attend the
 2355  academy.
 2356         (10) MEDICAID BILLING.—This section does not prohibit the
 2357  operator from appropriately billing Medicaid for services
 2358  rendered to eligible students through the program or from
 2359  earning federal or local funding for services provided.
 2360         (11) ADMISSION.—Any eligible student may apply for
 2361  admission to the college-preparatory boarding academy. If more
 2362  eligible students apply for admission than the number of
 2363  students permitted by the capacity established by the board of
 2364  trustees, admission shall be determined by lottery.
 2365         (12) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d)
 2366  and 409.176, Florida Statutes, or any other provision of law, an
 2367  operator may house and educate dependent, at-risk youth in its
 2368  residential school for the purpose of facilitating the mission
 2369  of the program and encouraging innovative practices.
 2370         (13) ANNUAL REPORT.—
 2371         (a) The State Board of Education shall issue an annual
 2372  report for each college-preparatory boarding academy which
 2373  includes all information applicable to schools.
 2374         (b) Each college-preparatory boarding academy shall report
 2375  to the Department of Education, in the form and manner
 2376  prescribed in the contract, the following information:
 2377         1. The total number of students enrolled in the academy;
 2378         2. The number of students enrolled in the academy who are
 2379  receiving special education services pursuant to an individual
 2380  education plan; and
 2381         3. Any additional information specified in the contract.
 2382         (c) The operator shall comply with s. 1002.33, Florida
 2383  Statutes, and shall annually assess reading and mathematics
 2384  skills. The operator shall provide the student’s legal guardians
 2385  with sufficient information on whether the student is reading at
 2386  grade level and whether the child gains at least a year’s worth
 2387  of learning for every year spent in the program.
 2388         (14) RULES.—The State Board of Education shall adopt rules
 2389  to administer this section. These rules must identify any
 2390  existing rules that are applicable to the program and preempt
 2391  any other rules that are not specified for the purpose of
 2392  clarifying the rules that may be conflicting, redundant, or
 2393  result in an unnecessary burden on the program or the operator.
 2394         Section 11. (1) The Office of Program Policy Analysis and
 2395  Government Accountability (OPPAGA) shall conduct a study that
 2396  compares the funding of charter schools to the funding of
 2397  traditional public schools. In conducting this study, OPPAGA
 2398  shall:
 2399         (a) Identify the school districts that distribute funds
 2400  generated by the capital improvement millage authorized pursuant
 2401  to s. 1011.71(2), Florida Statutes, to charter schools and the
 2402  use of such funds by the charter schools.
 2403         (b) Determine the amount of funds that would be available
 2404  to charter schools if school districts equitably distribute to
 2405  district schools, including charter schools, the funds generated
 2406  by the capital improvement millage authorized pursuant to s.
 2407  1011.71(2), Florida Statutes.
 2408         (c) Examine the costs associated with supervising charter
 2409  schools and determine whether the 5-percent administrative fee
 2410  for administrative and educational services for charter schools
 2411  covers the costs associated with the provision of the services.
 2412         (2) OPPAGA shall make recommendations, if warranted, for
 2413  improving the accountability and equity of the funding system
 2414  for charter schools based on the findings of the study. The
 2415  results of the study shall be submitted to the Governor, the
 2416  President of the Senate, and the Speaker of the House of
 2417  Representatives by January 1, 2012.
 2418         Section 12. If any provision of this act or its application
 2419  to any person or circumstance is held invalid, the invalidity
 2420  does not affect other provisions or applications of the act
 2421  which can be given effect without the invalid provision or
 2422  application, and to this end the provisions of this act are
 2423  severable.
 2424         Section 13. This act shall take effect July 1, 2011.