Florida Senate - 2011               CS for CS for CS for SB 1546
       
       
       
       By the Committees on Budget; Higher Education; and Education
       Pre-K - 12; and Senator Thrasher
       
       
       
       576-04631-11                                          20111546c3
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending ss.
    3         163.3180 and 1002.32, F.S.; conforming cross
    4         references; amending s. 1002.33, F.S.; requiring that
    5         the Department of Education provide or arrange for
    6         training and technical assistance for charter schools;
    7         providing for the designation of charter schools as
    8         high-performing if certain requirements are met;
    9         providing definitions relating to the high-performing
   10         charter school system; revising provisions to conform
   11         to changes made by the act; amending ss. 1002.34,
   12         1011.68, 1012.32, and 1013.62, F.S.; conforming cross
   13         references; requiring that the Office of Program
   14         Policy Analysis and Government Accountability conduct
   15         a study comparing the funding of charter schools to
   16         the funding of public schools; providing requirements
   17         for the study; requiring that the office submit its
   18         recommendations and findings to the Governor and
   19         Legislature by a specified date; providing for
   20         severability; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (e) of subsection (13) of section
   25  163.3180, Florida Statutes, is amended to read:
   26         163.3180 Concurrency.—
   27         (13) School concurrency shall be established on a
   28  districtwide basis and shall include all public schools in the
   29  district and all portions of the district, whether located in a
   30  municipality or an unincorporated area unless exempt from the
   31  public school facilities element pursuant to s. 163.3177(12).
   32  The application of school concurrency to development shall be
   33  based upon the adopted comprehensive plan, as amended. All local
   34  governments within a county, except as provided in paragraph
   35  (f), shall adopt and transmit to the state land planning agency
   36  the necessary plan amendments, along with the interlocal
   37  agreement, for a compliance review pursuant to s. 163.3184(7)
   38  and (8). The minimum requirements for school concurrency are the
   39  following:
   40         (e) Availability standard.—Consistent with the public
   41  welfare, a local government may not deny an application for site
   42  plan, final subdivision approval, or the functional equivalent
   43  for a development or phase of a development authorizing
   44  residential development for failure to achieve and maintain the
   45  level-of-service standard for public school capacity in a local
   46  school concurrency management system where adequate school
   47  facilities will be in place or under actual construction within
   48  3 years after the issuance of final subdivision or site plan
   49  approval, or the functional equivalent. School concurrency is
   50  satisfied if the developer executes a legally binding commitment
   51  to provide mitigation proportionate to the demand for public
   52  school facilities to be created by actual development of the
   53  property, including, but not limited to, the options described
   54  in subparagraph 1. Options for proportionate-share mitigation of
   55  impacts on public school facilities must be established in the
   56  public school facilities element and the interlocal agreement
   57  pursuant to s. 163.31777.
   58         1. Appropriate mitigation options include the contribution
   59  of land; the construction, expansion, or payment for land
   60  acquisition or construction of a public school facility; the
   61  construction of a charter school that complies with the
   62  requirements of s. 1002.33(20) s. 1002.33(18); or the creation
   63  of mitigation banking based on the construction of a public
   64  school facility in exchange for the right to sell capacity
   65  credits. Such options must include execution by the applicant
   66  and the local government of a development agreement that
   67  constitutes a legally binding commitment to pay proportionate
   68  share mitigation for the additional residential units approved
   69  by the local government in a development order and actually
   70  developed on the property, taking into account residential
   71  density allowed on the property prior to the plan amendment that
   72  increased the overall residential density. The district school
   73  board must be a party to such an agreement. As a condition of
   74  its entry into such a development agreement, the local
   75  government may require the landowner to agree to continuing
   76  renewal of the agreement upon its expiration.
   77         2. If the education facilities plan and the public
   78  educational facilities element authorize a contribution of land;
   79  the construction, expansion, or payment for land acquisition;
   80  the construction or expansion of a public school facility, or a
   81  portion thereof; or the construction of a charter school that
   82  complies with the requirements of s. 1002.33(20) s. 1002.33(18),
   83  as proportionate-share mitigation, the local government shall
   84  credit such a contribution, construction, expansion, or payment
   85  toward any other impact fee or exaction imposed by local
   86  ordinance for the same need, on a dollar-for-dollar basis at
   87  fair market value.
   88         3. Any proportionate-share mitigation must be directed by
   89  the school board toward a school capacity improvement identified
   90  in a financially feasible 5-year district work plan that
   91  satisfies the demands created by the development in accordance
   92  with a binding developer’s agreement.
   93         4. If a development is precluded from commencing because
   94  there is inadequate classroom capacity to mitigate the impacts
   95  of the development, the development may nevertheless commence if
   96  there are accelerated facilities in an approved capital
   97  improvement element scheduled for construction in year four or
   98  later of such plan which, when built, will mitigate the proposed
   99  development, or if such accelerated facilities will be in the
  100  next annual update of the capital facilities element, the
  101  developer enters into a binding, financially guaranteed
  102  agreement with the school district to construct an accelerated
  103  facility within the first 3 years of an approved capital
  104  improvement plan, and the cost of the school facility is equal
  105  to or greater than the development’s proportionate share. When
  106  the completed school facility is conveyed to the school
  107  district, the developer shall receive impact fee credits usable
  108  within the zone where the facility is constructed or any
  109  attendance zone contiguous with or adjacent to the zone where
  110  the facility is constructed.
  111         5. This paragraph does not limit the authority of a local
  112  government to deny a development permit or its functional
  113  equivalent pursuant to its home rule regulatory powers, except
  114  as provided in this part.
  115         Section 2. Paragraph (c) of subsection (9) of section
  116  1002.32, Florida Statutes, is amended to read:
  117         1002.32 Developmental research (laboratory) schools.—
  118         (9) FUNDING.—Funding for a lab school, including a charter
  119  lab school, shall be provided as follows:
  120         (c) All operating funds provided under this section shall
  121  be deposited in a Lab School Trust Fund and shall be expended
  122  for the purposes of this section. The university assigned a lab
  123  school shall be the fiscal agent for these funds, and all rules
  124  of the university governing the budgeting and expenditure of
  125  state funds shall apply to these funds unless otherwise provided
  126  by law or rule of the State Board of Education. The university
  127  board of trustees shall be the public employer of lab school
  128  personnel for collective bargaining purposes for lab schools in
  129  operation prior to the 2002-2003 fiscal year. Employees of
  130  charter lab schools authorized prior to June 1, 2003, but not in
  131  operation prior to the 2002-2003 fiscal year shall be employees
  132  of the entity holding the charter and must comply with the
  133  provisions of s. 1002.33(14) s. 1002.33(12).
  134         Section 3. Subsections (6) through (26) of section 1002.33,
  135  Florida Statutes, are amended to read:
  136         1002.33 Charter schools.—
  137         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  138  applications are subject to the following requirements:
  139         (a) A person or entity wishing to open a charter school
  140  shall prepare and submit an application on a model application
  141  form prepared by the Department of Education which:
  142         1. Demonstrates how the school will use the guiding
  143  principles and meet the statutorily defined purpose of a charter
  144  school.
  145         2. Provides a detailed curriculum plan that illustrates how
  146  students will be provided services to attain the Sunshine State
  147  Standards.
  148         3. Contains goals and objectives for improving student
  149  learning and measuring that improvement. These goals and
  150  objectives must indicate how much academic improvement students
  151  are expected to show each year, how success will be evaluated,
  152  and the specific results to be attained through instruction.
  153         4. Describes the reading curriculum and differentiated
  154  strategies that will be used for students reading at grade level
  155  or higher and a separate curriculum and strategies for students
  156  who are reading below grade level. A sponsor shall deny a
  157  charter if the school does not propose a reading curriculum that
  158  is consistent with effective teaching strategies that are
  159  grounded in scientifically based reading research.
  160         5. Contains an annual financial plan for each year
  161  requested by the charter for operation of the school for up to 5
  162  years. This plan must contain anticipated fund balances based on
  163  revenue projections, a spending plan based on projected revenues
  164  and expenses, and a description of controls that will safeguard
  165  finances and projected enrollment trends.
  166         6. Documents that the applicant has participated in the
  167  training required in subparagraph (b)2. (f)2. A sponsor may
  168  require an applicant to provide additional information as an
  169  addendum to the charter school application described in this
  170  paragraph.
  171         (b)1. The Department of Education shall provide or arrange
  172  for training and technical assistance to charter schools in
  173  developing business plans and estimating costs and income.
  174  Training and technical assistance shall address estimating
  175  startup costs, projecting enrollment, and identifying the types
  176  and amounts of state and federal financial assistance that the
  177  charter school may be eligible to receive. The department may
  178  provide other technical assistance to an applicant upon written
  179  request.
  180         2. A charter school applicant must participate in the
  181  training provided by the Department of Education after approval
  182  of an application, but at least 30 calendar days before the
  183  first day of classes at the charter school. However, a sponsor
  184  may require the charter school applicant to attend training
  185  provided by the sponsor in lieu of the department’s training if
  186  the sponsor’s training standards meet or exceed the standards
  187  developed by the department. A sponsor may not require a charter
  188  school applicant to attend its training within 30 calendar days
  189  before the first day of classes at the charter school when it
  190  requires the charter school to attend its training in lieu of
  191  the department’s training. The training must include instruction
  192  in accurate financial planning and good business practices. If
  193  the applicant is a management company or a nonprofit
  194  organization, the charter school principal and the chief
  195  financial officer or his or her equivalent must also participate
  196  in the training. However, a sponsor may not require a high
  197  performing charter school or high-performing charter school
  198  system applicant to participate in the training described in
  199  this subparagraph more than once.
  200         (c)(b) A sponsor shall receive and review all applications
  201  for a charter school using an evaluation instrument developed by
  202  the Department of Education. Beginning with the 2007-2008 school
  203  year, a sponsor shall receive and consider charter school
  204  applications received on or before August 1 of each calendar
  205  year for charter schools to be opened at the beginning of the
  206  school district’s next school year, or to be opened at a time
  207  agreed to by the applicant and the sponsor. A sponsor may
  208  receive applications later than this date if it chooses. A
  209  sponsor may not charge an applicant for a charter any fee for
  210  the processing or consideration of an application, and a sponsor
  211  may not base its consideration or approval of an application
  212  upon the promise of future payment of any kind. Before approving
  213  or denying any application, the sponsor shall allow the
  214  applicant at least 7 calendar days to make technical or
  215  nonsubstantive corrections and clarifications, including, but
  216  not limited to, grammatical, typographical, and like errors or
  217  missing signatures, if such errors are identified by the sponsor
  218  as cause to deny the application.
  219         1. In order to facilitate an accurate budget projection
  220  process, a sponsor shall be held harmless for FTE students who
  221  are not included in the FTE projection due to approval of
  222  charter school applications after the FTE projection deadline.
  223  In a further effort to facilitate an accurate budget projection,
  224  within 15 calendar days after receipt of a charter school
  225  application, a sponsor shall report to the Department of
  226  Education the name of the applicant entity, the proposed charter
  227  school location, and its projected FTE.
  228         2. In order to ensure fiscal responsibility, an application
  229  for a charter school shall include a full accounting of expected
  230  assets, a projection of expected sources and amounts of income,
  231  including income derived from projected student enrollments and
  232  from community support, and an expense projection that includes
  233  full accounting of the costs of operation, including start-up
  234  costs.
  235         3. A sponsor shall by a majority vote approve or deny an
  236  application no later than 60 calendar days after the application
  237  is received, unless the sponsor and the applicant mutually agree
  238  in writing to temporarily postpone the vote to a specific date,
  239  at which time the sponsor shall by a majority vote approve or
  240  deny the application. If the sponsor fails to act on the
  241  application, an applicant may appeal to the State Board of
  242  Education as provided in paragraph (d) paragraph (c). If an
  243  application is denied, the sponsor shall, within 10 calendar
  244  days after such denial, articulate in writing the specific
  245  reasons, based upon good cause, supporting its denial of the
  246  charter application and shall provide the letter of denial and
  247  supporting documentation to the applicant and to the Department
  248  of Education supporting those reasons.
  249         4. For budget projection purposes, the sponsor shall report
  250  to the Department of Education the approval or denial of a
  251  charter application within 10 calendar days after such approval
  252  or denial. In the event of approval, the report to the
  253  Department of Education shall include the final projected FTE
  254  for the approved charter school.
  255         5. Upon approval of a charter application, the initial
  256  startup shall commence with the beginning of the public school
  257  calendar for the district in which the charter is granted unless
  258  the sponsor allows a waiver of this subparagraph for good cause.
  259         (d)(c) An applicant may appeal any denial of that
  260  applicant’s application or failure to act on an application to
  261  the State Board of Education no later than 30 calendar days
  262  after receipt of the sponsor’s decision or failure to act and
  263  shall notify the sponsor of its appeal. Any response of the
  264  sponsor shall be submitted to the State Board of Education
  265  within 30 calendar days after notification of the appeal. Upon
  266  receipt of notification from the State Board of Education that a
  267  charter school applicant is filing an appeal, the Commissioner
  268  of Education shall convene a meeting of the Charter School
  269  Appeal Commission to study and make recommendations to the State
  270  Board of Education regarding its pending decision about the
  271  appeal. The commission shall forward its recommendation to the
  272  state board no later than 7 calendar days prior to the date on
  273  which the appeal is to be heard. The State Board of Education
  274  shall by majority vote accept or reject the decision of the
  275  sponsor no later than 90 calendar days after an appeal is filed
  276  in accordance with State Board of Education rule. The Charter
  277  School Appeal Commission may reject an appeal submission for
  278  failure to comply with procedural rules governing the appeals
  279  process. The rejection shall describe the submission errors. The
  280  appellant may have up to 15 calendar days from notice of
  281  rejection to resubmit an appeal that meets requirements of State
  282  Board of Education rule. An application for appeal submitted
  283  subsequent to such rejection shall be considered timely if the
  284  original appeal was filed within 30 calendar days after receipt
  285  of notice of the specific reasons for the sponsor’s denial of
  286  the charter application. The State Board of Education shall
  287  remand the application to the sponsor with its written decision
  288  that the sponsor approve or deny the application. The sponsor
  289  shall implement the decision of the State Board of Education.
  290  The decision of the State Board of Education is not subject to
  291  the provisions of the Administrative Procedure Act, chapter 120.
  292         (e)(d) The sponsor shall act upon the decision of the State
  293  Board of Education within 30 calendar days after it is received.
  294  The State Board of Education’s decision is a final action
  295  subject to judicial review in the district court of appeal.
  296         (f)(e)1. A Charter School Appeal Commission is established
  297  to assist the commissioner and the State Board of Education with
  298  a fair and impartial review of appeals by applicants whose
  299  charter applications have been denied, whose charter contracts
  300  have not been renewed, or whose charter contracts have been
  301  terminated by their sponsors.
  302         2. The Charter School Appeal Commission may receive copies
  303  of the appeal documents forwarded to the State Board of
  304  Education, review the documents, gather other applicable
  305  information regarding the appeal, and make a written
  306  recommendation to the commissioner. The recommendation must
  307  state whether the appeal should be upheld or denied and include
  308  the reasons for the recommendation being offered. The
  309  commissioner shall forward the recommendation to the State Board
  310  of Education no later than 7 calendar days prior to the date on
  311  which the appeal is to be heard. The state board must consider
  312  the commission’s recommendation in making its decision, but is
  313  not bound by the recommendation. The decision of the Charter
  314  School Appeal Commission is not subject to the provisions of the
  315  Administrative Procedure Act, chapter 120.
  316         3. The commissioner shall appoint the members of the
  317  Charter School Appeal Commission. Members shall serve without
  318  compensation but may be reimbursed for travel and per diem
  319  expenses in conjunction with their service. One-half of the
  320  members must represent currently operating charter schools, and
  321  one-half of the members must represent sponsors. The
  322  commissioner or a named designee shall chair the Charter School
  323  Appeal Commission.
  324         4. The chair shall convene meetings of the commission and
  325  shall ensure that the written recommendations are completed and
  326  forwarded in a timely manner. In cases where the commission
  327  cannot reach a decision, the chair shall make the written
  328  recommendation with justification, noting that the decision was
  329  rendered by the chair.
  330         5. Commission members shall thoroughly review the materials
  331  presented to them from the appellant and the sponsor. The
  332  commission may request information to clarify the documentation
  333  presented to it. In the course of its review, the commission may
  334  facilitate the postponement of an appeal in those cases where
  335  additional time and communication may negate the need for a
  336  formal appeal and both parties agree, in writing, to postpone
  337  the appeal to the State Board of Education. A new date certain
  338  for the appeal shall then be set based upon the rules and
  339  procedures of the State Board of Education. Commission members
  340  shall provide a written recommendation to the state board as to
  341  whether the appeal should be upheld or denied. A fact-based
  342  justification for the recommendation must be included. The chair
  343  must ensure that the written recommendation is submitted to the
  344  State Board of Education members no later than 7 calendar days
  345  prior to the date on which the appeal is to be heard. Both
  346  parties in the case shall also be provided a copy of the
  347  recommendation.
  348         (f)1. The Department of Education shall offer or arrange
  349  for training and technical assistance to charter school
  350  applicants in developing business plans and estimating costs and
  351  income. This assistance shall address estimating startup costs,
  352  projecting enrollment, and identifying the types and amounts of
  353  state and federal financial assistance the charter school may be
  354  eligible to receive. The department may provide other technical
  355  assistance to an applicant upon written request.
  356         2. A charter school applicant must participate in the
  357  training provided by the Department of Education before filing
  358  an application. However, a sponsor may require the charter
  359  school applicant to attend training provided by the sponsor in
  360  lieu of the department’s training if the sponsor’s training
  361  standards meet or exceed the standards developed by the
  362  Department of Education. The training shall include instruction
  363  in accurate financial planning and good business practices. If
  364  the applicant is a management company or other nonprofit
  365  organization, the charter school principal and the chief
  366  financial officer or his or her equivalent must also participate
  367  in the training.
  368         (g) In considering charter applications for a lab school, a
  369  state university shall consult with the district school board of
  370  the county in which the lab school is located. The decision of a
  371  state university may be appealed pursuant to the procedure
  372  established in this subsection.
  373         (h) The terms and conditions for the operation of a charter
  374  school shall be set forth by the sponsor and the applicant in a
  375  written contractual agreement, called a charter. The sponsor
  376  shall not impose unreasonable rules or regulations that violate
  377  the intent of giving charter schools greater flexibility to meet
  378  educational goals. The sponsor shall have 60 days to provide an
  379  initial proposed charter contract to the charter school. The
  380  applicant and the sponsor shall have 75 days thereafter to
  381  negotiate and notice the charter contract for final approval by
  382  the sponsor unless both parties agree to an extension. The
  383  proposed charter contract shall be provided to the charter
  384  school at least 7 calendar days before prior to the date of the
  385  meeting at which the charter is scheduled to be voted upon by
  386  the sponsor. The Department of Education shall provide mediation
  387  services for any dispute regarding this section subsequent to
  388  the approval of a charter application and for any dispute
  389  relating to the approved charter, except disputes regarding
  390  charter school application denials. If the Commissioner of
  391  Education determines that the dispute cannot be settled through
  392  mediation, the dispute may be appealed to an administrative law
  393  judge appointed by the Division of Administrative Hearings. The
  394  administrative law judge may rule on issues of equitable
  395  treatment of the charter school as a public school, whether
  396  proposed provisions of the charter violate the intended
  397  flexibility granted charter schools by statute, or on any other
  398  matter regarding this section except a charter school
  399  application denial, a charter termination, or a charter
  400  nonrenewal and shall award the prevailing party reasonable
  401  attorney’s fees and costs incurred to be paid by the losing
  402  party. The costs of the administrative hearing shall be paid by
  403  the party whom the administrative law judge rules against.
  404         (7) CHARTER.—The major issues involving the operation of a
  405  charter school shall be considered in advance and written into
  406  the charter. The charter shall be signed by the governing body
  407  of the charter school and the sponsor, following a public
  408  hearing to ensure community input.
  409         (a) The charter shall address and criteria for approval of
  410  the charter shall be based on:
  411         1. The school’s mission, the students to be served, and the
  412  ages and grades to be included.
  413         2. The focus of the curriculum, the instructional methods
  414  to be used, any distinctive instructional techniques to be
  415  employed, and identification and acquisition of appropriate
  416  technologies needed to improve educational and administrative
  417  performance which include a means for promoting safe, ethical,
  418  and appropriate uses of technology which comply with legal and
  419  professional standards. The charter shall ensure that reading is
  420  a primary focus of the curriculum and that resources are
  421  provided to identify and provide specialized instruction for
  422  students who are reading below grade level. The curriculum and
  423  instructional strategies for reading must be consistent with the
  424  Sunshine State Standards and grounded in scientifically based
  425  reading research.
  426         3. The current incoming baseline standard of student
  427  academic achievement, the outcomes to be achieved, and the
  428  method of measurement that will be used. The criteria listed in
  429  this subparagraph shall include a detailed description of:
  430         a. How the baseline student academic achievement levels and
  431  prior rates of academic progress will be established.
  432         b. How these baseline rates will be compared to rates of
  433  academic progress achieved by these same students while
  434  attending the charter school.
  435         c. To the extent possible, how these rates of progress will
  436  be evaluated and compared with rates of progress of other
  437  closely comparable student populations.
  438  
  439  The district school board is required to provide academic
  440  student performance data to charter schools for each of their
  441  students coming from the district school system, as well as
  442  rates of academic progress of comparable student populations in
  443  the district school system.
  444         4. The methods used to identify the educational strengths
  445  and needs of students and how well educational goals and
  446  performance standards are met by students attending the charter
  447  school. The methods shall provide a means for the charter school
  448  to ensure accountability to its constituents by analyzing
  449  student performance data and by evaluating the effectiveness and
  450  efficiency of its major educational programs. Students in
  451  charter schools shall, at a minimum, participate in the
  452  statewide assessment program created under s. 1008.22.
  453         5. In secondary charter schools, a method for determining
  454  that a student has satisfied the requirements for graduation in
  455  s. 1003.428, s. 1003.429, or s. 1003.43.
  456         6. A method for resolving conflicts between the governing
  457  body of the charter school and the sponsor.
  458         7. The admissions procedures and dismissal procedures,
  459  including the school’s code of student conduct.
  460         8. The ways by which the school will achieve a
  461  racial/ethnic balance reflective of the community it serves or
  462  within the racial/ethnic range of other public schools in the
  463  same school district.
  464         9. The financial and administrative management of the
  465  school, including a reasonable demonstration of the professional
  466  experience or competence of those individuals or organizations
  467  applying to operate the charter school or those hired or
  468  retained to perform such professional services and the
  469  description of clearly delineated responsibilities and the
  470  policies and practices needed to effectively manage the charter
  471  school. A description of internal audit procedures and
  472  establishment of controls to ensure that financial resources are
  473  properly managed must be included. Both public sector and
  474  private sector professional experience shall be equally valid in
  475  such a consideration.
  476         10. The asset and liability projections required in the
  477  application which are incorporated into the charter and shall be
  478  compared with information provided in the annual report of the
  479  charter school.
  480         11. A description of procedures that identify various risks
  481  and provide for a comprehensive approach to reduce the impact of
  482  losses; plans to ensure the safety and security of students and
  483  staff; plans to identify, minimize, and protect others from
  484  violent or disruptive student behavior; and the manner in which
  485  the school will be insured, including whether or not the school
  486  will be required to have liability insurance, and, if so, the
  487  terms and conditions thereof and the amounts of coverage.
  488         12. The term of the charter which shall provide for
  489  cancellation of the charter if insufficient progress has been
  490  made in attaining the student achievement objectives of the
  491  charter and if it is not likely that such objectives can be
  492  achieved before expiration of the charter. The initial term of a
  493  charter shall be for 4 or 5 years, unless the charter meets the
  494  requirements of a high-performing charter school system pursuant
  495  to subsection (11). In order to facilitate access to long-term
  496  financial resources for charter school construction, Charter
  497  schools that are operated by a municipality or other public
  498  entity as provided by law are eligible for up to a 15-year
  499  charter, subject to approval by the district school board. A
  500  charter lab school is eligible for a charter for a term of up to
  501  15 years. In addition, to facilitate access to long-term
  502  financial resources for charter school construction, charter
  503  schools that are operated by a private, not-for-profit, s.
  504  501(c)(3) status corporation are eligible for up to a 15-year
  505  charter, subject to approval by the district school board. Such
  506  long-term charters remain subject to annual review and may be
  507  terminated during the term of the charter, but only according to
  508  the provisions set forth in subsection (8).
  509         13. The facilities to be used and their location.
  510         14. The qualifications to be required of the teachers and
  511  the potential strategies used to recruit, hire, train, and
  512  retain qualified staff to achieve best value.
  513         15. The governance structure of the school, including the
  514  status of the charter school as a public or private employer as
  515  required in paragraph (14)(i) (12)(i).
  516         16. A timetable for implementing the charter which
  517  addresses the implementation of each element thereof and the
  518  date by which the charter shall be awarded in order to meet this
  519  timetable.
  520         17. In the case of an existing public school that is being
  521  converted to charter status, alternative arrangements for
  522  current students who choose not to attend the charter school and
  523  for current teachers who choose not to teach in the charter
  524  school after conversion in accordance with the existing
  525  collective bargaining agreement or district school board rule in
  526  the absence of a collective bargaining agreement. However,
  527  alternative arrangements shall not be required for current
  528  teachers who choose not to teach in a charter lab school, except
  529  as authorized by the employment policies of the state university
  530  which grants the charter to the lab school.
  531         18. Full disclosure of the identity of all relatives
  532  employed by the charter school who are related to the charter
  533  school owner, president, chairperson of the governing board of
  534  directors, superintendent, governing board member, principal,
  535  assistant principal, or any other person employed by the charter
  536  school who has equivalent decisionmaking authority. For the
  537  purpose of this subparagraph, the term “relative” means father,
  538  mother, son, daughter, brother, sister, uncle, aunt, first
  539  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  540  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  541  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  542  stepsister, half brother, or half sister.
  543         (b)1. A charter may be renewed provided that a program
  544  review demonstrates that the criteria in paragraph (a) have been
  545  successfully accomplished and that none of the grounds for
  546  nonrenewal established by paragraph (8)(a) has been documented.
  547  In order to facilitate long-term financing for charter school
  548  construction, charter schools operating for a minimum of 3 years
  549  and demonstrating exemplary academic programming and fiscal
  550  management are eligible for a 15-year charter renewal. Such
  551  long-term charter is subject to annual review and may be
  552  terminated during the term of the charter.
  553         2. The 15-year charter renewal that may be granted pursuant
  554  to subparagraph 1. shall be granted to a charter school that has
  555  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  556  3 of the past 4 years and is not in a state of financial
  557  emergency or deficit position as defined by this section. Such
  558  long-term charter is subject to annual review and may be
  559  terminated during the term of the charter pursuant to subsection
  560  (8).
  561         (c) A charter may be modified during its initial term or
  562  any renewal term upon the recommendation of the sponsor or the
  563  charter school governing board and the approval of both parties
  564  to the agreement.
  565         (d)The sponsor may not require that board members of the
  566  charter school reside in the district in which the charter
  567  school is located and shall allow charter school management
  568  personnel to represent the charter school board if such
  569  representation has been approved by the charter school board.
  570         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  571         (a) The sponsor may choose not to renew or may terminate
  572  the charter for any of the following grounds:
  573         1. Failure to participate in the state’s education
  574  accountability system created in s. 1008.31, as required in this
  575  section, or failure to meet the requirements for student
  576  performance stated in the charter.
  577         2. Failure to meet generally accepted standards of fiscal
  578  management.
  579         3. Violation of law.
  580         4. Other good cause shown.
  581         (b) Before At least 90 days prior to renewing or
  582  terminating a charter, the sponsor shall notify the governing
  583  body of the school of the proposed action in writing. The notice
  584  shall state in reasonable detail the grounds for the proposed
  585  action and stipulate that the school’s governing body may,
  586  within 14 calendar days after receiving the notice, file a
  587  request for a an informal hearing with the sponsor pursuant to
  588  chapter 120 before the sponsor. The matter shall proceed
  589  pursuant to chapter 120. The sponsor shall conduct the informal
  590  hearing within 30 calendar days after receiving a written
  591  request.
  592         (c) The final order issued by the sponsor must include the
  593  specific reasons for nonrenewal or termination of the charter
  594  and shall be provided to the charter school governing body and
  595  the Department of Education within 10 calendar days after the
  596  final order is issued. If a charter is not renewed or is
  597  terminated pursuant to paragraph (b), the sponsor shall, within
  598  10 calendar days, articulate in writing the specific reasons for
  599  its nonrenewal or termination of the charter and must provide
  600  the letter of nonrenewal or termination and documentation
  601  supporting the reasons to the charter school governing body, the
  602  charter school principal, and the Department of Education. The
  603  charter school’s governing body may, within 30 calendar days
  604  after receiving the sponsor’s final order written decision to
  605  refuse to renew or to terminate the charter, appeal the decision
  606  pursuant to the procedure established in subsection (6).
  607         (d) A charter may be terminated immediately if the sponsor
  608  determines that good cause has been shown or if the health,
  609  safety, or welfare of the students is threatened. The sponsor’s
  610  determination is not subject to the same process as set forth in
  611  paragraphs an informal hearing under paragraph (b) and (c), with
  612  the exception that the sponsor’s determination may take effect
  613  immediately or at a subsequently identified time or pursuant to
  614  chapter 120. The sponsor shall notify in writing the charter
  615  school’s governing body, the charter school principal, and the
  616  department if a charter is immediately terminated as soon as
  617  reasonably possible. The sponsor shall clearly identify the
  618  specific issues that resulted in the immediate termination and
  619  provide evidence of prior notification of issues resulting in
  620  the immediate termination when appropriate. The charter school’s
  621  governing board has 10 days to request a hearing pursuant to s.
  622  120.569. The hearing in such cases shall be expedited, and the
  623  final order shall be issued no more than 45 days after the date
  624  upon which the hearing is requested. The school district in
  625  which the charter school is located shall assume operation of
  626  the school under these circumstances. The charter school’s
  627  governing board may, within 30 days after receiving the
  628  sponsor’s decision to terminate the charter, appeal the decision
  629  pursuant to the procedure established in subsection (6). The
  630  sponsor shall assume and continue operation of the school
  631  pending appeal to the State Board of Education under subsection
  632  (6), unless the continued operation of the school would
  633  materially threaten the physical health, safety, or welfare of
  634  the students. A sponsor that fails to assume and to continue
  635  operation of the charter school is liable for attorney’s fees
  636  and costs to the charter school if the charter school prevails
  637  on appeal to the State Board of Education.
  638         (e) When a charter is not renewed or is terminated, the
  639  school shall be dissolved under the provisions of law under
  640  which the school was organized, and any unencumbered public
  641  funds, except for capital outlay funds and federal charter
  642  school program grant funds, from the charter school shall revert
  643  to the sponsor. Capital outlay funds provided pursuant to s.
  644  1013.62 and federal charter school program grant funds that are
  645  unencumbered shall revert to the department to be redistributed
  646  among eligible charter schools. In the event a charter school is
  647  dissolved or is otherwise terminated, all district school board
  648  property and improvements, furnishings, and equipment purchased
  649  with public funds shall automatically revert to full ownership
  650  by the district school board, subject to complete satisfaction
  651  of any lawful liens or encumbrances. Any unencumbered public
  652  funds from the charter school, district school board property
  653  and improvements, furnishings, and equipment purchased with
  654  public funds, or financial or other records pertaining to the
  655  charter school, in the possession of any person, entity, or
  656  holding company, other than the charter school, shall be held in
  657  trust upon the district school board’s request, until any appeal
  658  status is resolved.
  659         (f) If a charter is not renewed or is terminated, the
  660  charter school is responsible for all debts of the charter
  661  school. The district may not assume the debt from any contract
  662  made between the governing body of the school and a third party,
  663  except for a debt that is previously detailed and agreed upon in
  664  writing by both the district and the governing body of the
  665  school and that may not reasonably be assumed to have been
  666  satisfied by the district.
  667         (g) If a charter is not renewed or is terminated, a student
  668  who attended the school may apply to, and shall be enrolled in,
  669  another public school. Normal application deadlines shall be
  670  disregarded under such circumstances.
  671         (9) CHARTER SCHOOL REQUIREMENTS.—
  672         (a) A charter school shall be nonsectarian in its programs,
  673  admission policies, employment practices, and operations.
  674         (b) A charter school shall admit students as provided in
  675  subsection (12) (10).
  676         (c) A charter school shall be accountable to its sponsor
  677  for performance as provided in subsection (7).
  678         (d) A charter school may shall not charge tuition or
  679  registration fees, except those fees normally charged by other
  680  public schools. However, a charter lab school may charge a
  681  student activity and service fee as authorized by s. 1002.32(5).
  682         (e) A charter school shall meet all applicable state and
  683  local health, safety, and civil rights requirements.
  684         (f) A charter school may shall not violate the
  685  antidiscrimination provisions of s. 1000.05.
  686         (g) In order to provide financial information that is
  687  comparable to that reported for other public schools, charter
  688  schools are to maintain all financial records that constitute
  689  their accounting system:
  690         1. In accordance with the accounts and codes prescribed in
  691  the most recent issuance of the publication titled “Financial
  692  and Program Cost Accounting and Reporting for Florida Schools”;
  693  or
  694         2. At the discretion of the charter school governing board,
  695  a charter school may elect to follow generally accepted
  696  accounting standards for not-for-profit organizations, but must
  697  reformat this information for reporting according to this
  698  paragraph.
  699  
  700  Charter schools shall provide annual financial report and
  701  program cost report information in the state-required formats
  702  for inclusion in district reporting in compliance with s.
  703  1011.60(1). Charter schools that are operated by a municipality
  704  or are a component unit of a parent nonprofit organization may
  705  use the accounting system of the municipality or the parent but
  706  must reformat this information for reporting according to this
  707  paragraph. A charter school shall provide a monthly financial
  708  statement to the sponsor; however, if the charter school is
  709  designated as a high-performing charter school under subsection
  710  (10) or is part of a high-performing charter school system under
  711  subsection (11), it shall provide a quarterly financial
  712  statement. The monthly financial statement required under this
  713  paragraph shall be in a form prescribed by the Department of
  714  Education.
  715         (h) The governing board of the charter school shall
  716  annually adopt and maintain an operating budget.
  717         (i) The governing body of the charter school shall exercise
  718  continuing oversight over charter school operations.
  719         (j) The governing body of the charter school shall be
  720  responsible for:
  721         1. Ensuring that the charter school has retained the
  722  services of a certified public accountant or auditor for the
  723  annual financial audit, pursuant to s. 1002.345(2), who shall
  724  submit the report to the governing body.
  725         2. Reviewing and approving the audit report, including
  726  audit findings and recommendations for the financial recovery
  727  plan.
  728         3.a. Performing the duties in s. 1002.345, including
  729  monitoring a corrective action plan.
  730         b. Monitoring a financial recovery plan in order to ensure
  731  compliance.
  732         4. Participating in governance training approved by the
  733  department which must include government in the sunshine,
  734  conflicts of interest, ethics, and financial responsibility.
  735         (k) The governing body of the charter school shall report
  736  its progress annually to its sponsor, which shall forward the
  737  report to the Commissioner of Education at the same time as
  738  other annual school accountability reports. The Department of
  739  Education shall develop a uniform, online annual accountability
  740  report to be completed by charter schools. This report shall be
  741  easy to utilize and contain demographic information, student
  742  performance data, and financial accountability information. A
  743  charter school shall not be required to provide information and
  744  data that is duplicative and already in the possession of the
  745  department. The Department of Education shall include in its
  746  compilation a notation if a school failed to file its report by
  747  the deadline established by the department. The report shall
  748  include at least the following components:
  749         1. Student achievement performance data, including the
  750  information required for the annual school report and the
  751  education accountability system governed by ss. 1008.31 and
  752  1008.345. Charter schools are subject to the same accountability
  753  requirements as other public schools, including reports of
  754  student achievement information that links baseline student data
  755  to the school’s performance projections identified in the
  756  charter. The charter school shall identify reasons for any
  757  difference between projected and actual student performance.
  758         2. Financial status of the charter school which must
  759  include revenues and expenditures at a level of detail that
  760  allows for analysis of the charter school’s ability to meet
  761  financial obligations and timely repayment of debt.
  762         3. Documentation of the facilities in current use and any
  763  planned facilities for use by the charter school for instruction
  764  of students, administrative functions, or investment purposes.
  765         4. Descriptive information about the charter school’s
  766  personnel, including salary and benefit levels of charter school
  767  employees, the proportion of instructional personnel who hold
  768  professional or temporary certificates, and the proportion of
  769  instructional personnel teaching in-field or out-of-field.
  770         (l) A charter school shall not levy taxes or issue bonds
  771  secured by tax revenues.
  772         (m) A charter school shall provide instruction for at least
  773  the number of days required by law for other public schools and
  774  may provide instruction for additional days.
  775         (n) The director and a representative of the governing body
  776  of a charter school that has received a school grade of “D”
  777  under s. 1008.34(2) shall appear before the sponsor or the
  778  sponsor’s staff at least once a year to present information
  779  concerning each contract component having noted deficiencies.
  780  The sponsor shall communicate at the meeting, and in writing to
  781  the director, the services provided to the school to help the
  782  school address its deficiencies.
  783         (o) Upon notification that a charter school receives a
  784  school grade of “D” for 2 consecutive years or a school grade of
  785  “F” under s. 1008.34(2), the charter school sponsor or the
  786  sponsor’s staff shall require the director and a representative
  787  of the governing body to submit to the sponsor for approval a
  788  school improvement plan to raise student achievement and to
  789  implement the plan. The sponsor has the authority to approve a
  790  school improvement plan that the charter school will implement
  791  in the following school year. The sponsor may also consider the
  792  State Board of Education’s recommended action pursuant to s.
  793  1008.33(1) as part of the school improvement plan. The
  794  Department of Education shall offer technical assistance and
  795  training to the charter school and its governing body and
  796  establish guidelines for developing, submitting, and approving
  797  such plans.
  798         1. If the charter school fails to improve its student
  799  performance from the year immediately prior to the
  800  implementation of the school improvement plan, the sponsor shall
  801  place the charter school on probation and shall require the
  802  charter school governing body to take one of the following
  803  corrective actions:
  804         a. Contract for the educational services of the charter
  805  school;
  806         b. Reorganize the school at the end of the school year
  807  under a new director or principal who is authorized to hire new
  808  staff and implement a plan that addresses the causes of
  809  inadequate progress; or
  810         c. Reconstitute the charter school.
  811         2. A charter school that is placed on probation shall
  812  continue the corrective actions required under subparagraph 1.
  813  until the charter school improves its student performance from
  814  the year prior to the implementation of the school improvement
  815  plan.
  816         3. Notwithstanding any provision of this paragraph, the
  817  sponsor may terminate the charter at any time pursuant to
  818  subsection (8).
  819         (p) The director and a representative of the governing body
  820  of a graded charter school that has submitted a school
  821  improvement plan or has been placed on probation under paragraph
  822  (o) shall appear before the sponsor or the sponsor’s staff at
  823  least once a year to present information regarding the
  824  corrective strategies that are being implemented by the school
  825  pursuant to the school improvement plan. The sponsor shall
  826  communicate at the meeting, and in writing to the director, the
  827  services provided to the school to help the school address its
  828  deficiencies.
  829         (10) HIGH-PERFORMING CHARTER SCHOOLS.
  830         (a) A charter school shall be designated as a high
  831  performing charter school if:
  832         1. During each of the previous 3 years the charter school:
  833         a.Received a school grade of “A” or “B”;
  834         b. Received an unqualified opinion on each financial audit
  835  required under s. 218.39; and
  836         c. Did not receive a financial audit that revealed one or
  837  more of the conditions set forth in s. 218.503(1); however, the
  838  condition is deemed met for a charter school-in-the-workplace if
  839  there is a finding in an audit that the school has the monetary
  840  resources available to cover any reported deficiency or that the
  841  deficiency does not result in a deteriorating financial
  842  condition pursuant to s. 1002.345(1)(a)3.
  843         2. The charter school has been in operation for less than 3
  844  years and is operated by a high-performing charter school system
  845  pursuant to subsection (11). These charter schools may receive
  846  capital outlay funds in their first year pursuant to s. 1013.62
  847  and are not required to comply with s. 1013.62(1)(a)1.-3.
  848         (b) If the charter school maintains compliance with s.
  849  1002.33(18)(b)3., a high-performing charter school may:
  850         1. Increase the school’s student enrollment once per year
  851  by up to 25 percent more than the capacity authorized pursuant
  852  to paragraph (12)(i).
  853         2. Expand to any grade level within kindergarten through
  854  grade 12, if not already serving such grades.
  855         3. Offer voluntary prekindergarten education pursuant to
  856  ss. 1002.51-1002.79.
  857         (c) A high-performing charter school shall receive a 15
  858  year charter renewal upon expiration of the current charter.
  859         (d) The high-performing charter school designation shall be
  860  removed if the charter school does not continue to meet the
  861  requirements in paragraph (a).
  862         (11) HIGH-PERFORMING CHARTER SCHOOL SYSTEM.—
  863         (a)1. For purposes of this subsection, the term:
  864         a. “Entity” means a municipality or other public entity as
  865  authorized by law to operate a charter school; a private, not
  866  for-profit, s. 501(c)(3) status corporation; or a private, for
  867  profit corporation.
  868         b. “High-performing charter school system” means an entity
  869  that:
  870         (I) Operates at least three high-performing charter schools
  871  in this state;
  872         (II) Has received a systemwide average grade of “A” or “B”
  873  during the previous 3 years for all charter schools created or
  874  started by the entity;
  875         (III) Has not received a financial audit for any school
  876  created or started by the entity which reveals one or more of
  877  the conditions set forth in s. 218.503(1); and
  878         (IV) Has not received a school grade of “F” during any of
  879  the previous 2 years for any charter school operated by the
  880  entity in the state, except for a charter school taken over or
  881  managed by, but not created or started by, the entity, in which
  882  case the entity loses its high-performing designation if the
  883  charter school receives a school grade of “F” in 3 out of 5
  884  years.
  885         (b) A high-performing charter school system may apply to
  886  establish and operate a new charter school in any district in
  887  the state which will substantially replicate one or more of the
  888  provider’s existing high-performing charter schools.
  889         1. A local school district may deny a charter application
  890  from an operator of a high-performing charter school system only
  891  if good cause is shown that the operator fails to materially
  892  meet established charter school requirements pursuant to
  893  subsection (9). The charter applicant may appeal, as provided in
  894  subsection (6). The district is liable to the charter applicant
  895  for attorney’s fees and costs if the charter applicant prevails
  896  on appeal. The State Board of Education may additionally
  897  sanction the district with any penalties under s. 1008.32(4) if
  898  the state board determines that the district has a pattern of
  899  unlawfully denying a high-performing charter system from
  900  replicating a high-performing charter school.
  901         2. The new charter school shall receive an initial charter
  902  for a term of 15 years, shall be designated as a high-performing
  903  charter school for the first 3 years of the charter, and shall
  904  receive charter school capital outlay funds under s. 1013.62.
  905  The school is not required to comply with s. 1013.62(1)(a)1.-3.,
  906  but must comply with any other requirements in s. 1013.62 to
  907  receive charter school capital outlay funds as provided in this
  908  subparagraph.
  909         3. The designation as a high-performing charter school
  910  system shall be removed if the system does not continue to meet
  911  the requirements in paragraph (a).
  912  
  913  This paragraph does not waive a district school board’s
  914  sovereign immunity.
  915         (12)(10) ELIGIBLE STUDENTS.—
  916         (a) A charter school shall be open to any student covered
  917  in an interdistrict agreement or residing in the school district
  918  in which the charter school is located; however, in the case of
  919  a charter lab school, the charter lab school shall be open to
  920  any student eligible to attend the lab school as provided in s.
  921  1002.32 or who resides in the school district in which the
  922  charter lab school is located. Any eligible student shall be
  923  allowed interdistrict transfer to attend a charter school when
  924  based on good cause. Good cause shall include, but is not
  925  limited to, geographic proximity to a charter school in a
  926  neighboring school district.
  927         (b) The charter school shall enroll an eligible student who
  928  submits a timely application, unless the number of applications
  929  exceeds the capacity of a program, class, grade level, or
  930  building. In such case, all applicants shall have an equal
  931  chance of being admitted through a random selection process.
  932         (c) When a public school converts to charter status,
  933  enrollment preference shall be given to students who would have
  934  otherwise attended that public school. The district school board
  935  shall consult and negotiate with the conversion charter school
  936  every 3 years to determine whether realignment of the conversion
  937  charter school’s attendance zone is appropriate in order to
  938  ensure that students residing closest to the charter school are
  939  provided with an enrollment preference.
  940         (d) A charter school may give enrollment preference to the
  941  following student populations:
  942         1. Students who are siblings of a student enrolled in the
  943  charter school.
  944         2. Students who are the children of a member of the
  945  governing board of the charter school.
  946         3. Students who are the children of an employee of the
  947  charter school.
  948         4. Students who are the children of:
  949         a. An employee of a business partner, or a resident of a
  950  municipality, who complies with paragraph (17)(b) for a charter
  951  school-in-the-workplace; or
  952         b. A resident of a municipality that operates a charter
  953  school-in-a-municipality pursuant to paragraph (17)(c).
  954         5. Students enrolling in a charter school-in-the-workplace
  955  or charter school-in-a-municipality established pursuant to this
  956  section.
  957         6.Students who are the children of an active-duty member
  958  of any branch of the United States Armed Forces.
  959         (e) A charter school may limit the enrollment process only
  960  to target the following student populations:
  961         1. Students within specific age groups or grade levels.
  962         2. Students considered at risk of dropping out of school or
  963  academic failure. Such students shall include exceptional
  964  education students.
  965         3. Students enrolling in a charter school-in-the-workplace
  966  or charter school-in-a-municipality established pursuant to
  967  subsection (17) (15).
  968         4. Students residing within a reasonable distance of the
  969  charter school, as described in paragraph (22)(c) (20)(c). Such
  970  students are shall be subject to a random lottery and to the
  971  racial/ethnic balance provisions described in subparagraph
  972  (7)(a)8. or any federal provisions that require a school to
  973  achieve a racial/ethnic balance reflective of the community it
  974  serves or within the racial/ethnic range of other public schools
  975  in the same school district.
  976         5. Students who meet reasonable academic, artistic, or
  977  other eligibility standards established by the charter school
  978  and included in the charter school application and charter or,
  979  in the case of existing charter schools, standards that are
  980  consistent with the school’s mission and purpose. Such standards
  981  shall be in accordance with current state law and practice in
  982  public schools and may not discriminate against otherwise
  983  qualified individuals.
  984         6. Students articulating from one charter school to another
  985  pursuant to an articulation agreement between the charter
  986  schools that has been approved by the sponsor.
  987         (f) Students with disabilities and students served in
  988  English for Speakers of Other Languages programs shall have an
  989  equal opportunity of being selected for enrollment in a charter
  990  school.
  991         (g) A student may withdraw from a charter school at any
  992  time and enroll in another public school as determined by
  993  district school board rule.
  994         (h) The capacity of the charter school shall be determined
  995  annually by the governing board, in conjunction with the
  996  sponsor, of the charter school in consideration of the factors
  997  identified in this subsection unless the charter school is
  998  designated as a high-performing charter school under subsection
  999  (10). A sponsor may not require a charter school to waive the
 1000  provisions in paragraph (10)(b) or require a student enrollment
 1001  cap that prohibits a high-performing charter school from
 1002  increasing enrollment in accordance with paragraph (10)(b) as a
 1003  condition of approval or renewal of a charter.
 1004         (i) The capacity of a high-performing charter school
 1005  pursuant to subsection (10) shall be determined annually by the
 1006  governing board of the charter school. The governing board shall
 1007  notify the sponsor of any increase in enrollment by March 1 of
 1008  the school year preceding the increase.
 1009         (13)(11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
 1010  ACTIVITIES.—A charter school student is eligible to participate
 1011  in an interscholastic extracurricular activity at the public
 1012  school to which the student would be otherwise assigned to
 1013  attend pursuant to s. 1006.15(3)(d).
 1014         (14)(12) EMPLOYEES OF CHARTER SCHOOLS.—
 1015         (a) A charter school shall select its own employees. A
 1016  charter school may contract with its sponsor for the services of
 1017  personnel employed by the sponsor.
 1018         (b) Charter school employees shall have the option to
 1019  bargain collectively. Employees may collectively bargain as a
 1020  separate unit or as part of the existing district collective
 1021  bargaining unit as determined by the structure of the charter
 1022  school.
 1023         (c) The employees of a conversion charter school shall
 1024  remain public employees for all purposes, unless such employees
 1025  choose not to do so.
 1026         (d) The teachers at a charter school may choose to be part
 1027  of a professional group that subcontracts with the charter
 1028  school to operate the instructional program under the auspices
 1029  of a partnership or cooperative that they collectively own.
 1030  Under this arrangement, the teachers would not be public
 1031  employees.
 1032         (e) Employees of a school district may take leave to accept
 1033  employment in a charter school upon the approval of the district
 1034  school board. While employed by the charter school and on leave
 1035  that is approved by the district school board, the employee may
 1036  retain seniority accrued in that school district and may
 1037  continue to be covered by the benefit programs of that school
 1038  district, if the charter school and the district school board
 1039  agree to this arrangement and its financing. School districts
 1040  may shall not require resignations from instructional personnel,
 1041  school administrators, or educational support employees who
 1042  desire employment of teachers desiring to teach in a charter
 1043  school. This paragraph does shall not prohibit a district school
 1044  board from approving alternative leave arrangements consistent
 1045  with chapter 1012.
 1046         (f) Teachers employed by or under contract to a charter
 1047  school shall be certified as required by chapter 1012. A charter
 1048  school governing board may employ or contract with skilled
 1049  selected noncertified personnel to provide instructional
 1050  services or to assist instructional staff members as education
 1051  paraprofessionals in the same manner as defined in chapter 1012,
 1052  and as provided by State Board of Education rule for charter
 1053  school governing boards. A charter school may not knowingly
 1054  employ an individual to provide instructional services or to
 1055  serve as an education paraprofessional if the individual’s
 1056  certification or licensure as an educator is suspended or
 1057  revoked by this or any other state. A charter school may not
 1058  knowingly employ an individual who has resigned from a school
 1059  district in lieu of disciplinary action with respect to child
 1060  welfare or safety, or who has been dismissed for just cause by
 1061  any school district with respect to child welfare or safety. The
 1062  qualifications of teachers shall be disclosed to parents.
 1063         (g)1. A charter school shall employ or contract with
 1064  employees who have undergone background screening as provided in
 1065  s. 1012.32. Members of the governing board of the charter school
 1066  shall also undergo background screening in a manner similar to
 1067  that provided in s. 1012.32.
 1068         2. A charter school shall disqualify instructional
 1069  personnel and school administrators, as defined in s. 1012.01,
 1070  from employment in any position that requires direct contact
 1071  with students if the personnel or administrators are ineligible
 1072  for such employment under s. 1012.315.
 1073         3. The governing board of a charter school shall adopt
 1074  policies establishing standards of ethical conduct for
 1075  instructional personnel and school administrators. The policies
 1076  must require all instructional personnel and school
 1077  administrators, as defined in s. 1012.01, to complete training
 1078  on the standards; establish the duty of instructional personnel
 1079  and school administrators to report, and procedures for
 1080  reporting, alleged misconduct by other instructional personnel
 1081  and school administrators which affects the health, safety, or
 1082  welfare of a student; and include an explanation of the
 1083  liability protections provided under ss. 39.203 and 768.095. A
 1084  charter school, or any of its employees, may not enter into a
 1085  confidentiality agreement regarding terminated or dismissed
 1086  instructional personnel or school administrators, or personnel
 1087  or administrators who resign in lieu of termination, based in
 1088  whole or in part on misconduct that affects the health, safety,
 1089  or welfare of a student, and may not provide instructional
 1090  personnel or school administrators with employment references or
 1091  discuss the personnel’s or administrators’ performance with
 1092  prospective employers in another educational setting, without
 1093  disclosing the personnel’s or administrators’ misconduct. Any
 1094  part of an agreement or contract that has the purpose or effect
 1095  of concealing misconduct by instructional personnel or school
 1096  administrators which affects the health, safety, or welfare of a
 1097  student is void, is contrary to public policy, and may not be
 1098  enforced.
 1099         4. Before employing instructional personnel or school
 1100  administrators in any position that requires direct contact with
 1101  students, a charter school shall conduct employment history
 1102  checks of each of the personnel’s or administrators’ previous
 1103  employers, screen the instructional personnel or school
 1104  administrators through use of the educator screening tools
 1105  described in s. 1001.10(5), and document the findings. If unable
 1106  to contact a previous employer, the charter school must document
 1107  efforts to contact the employer.
 1108         5. The sponsor of a charter school that knowingly fails to
 1109  comply with this paragraph shall terminate the charter under
 1110  subsection (8).
 1111         (h) For the purposes of tort liability, the governing body
 1112  and employees of a charter school shall be governed by s.
 1113  768.28.
 1114         (i) A charter school shall organize as, or be operated by,
 1115  a nonprofit organization. A charter school may be operated by a
 1116  municipality or other public entity as provided for by law. As
 1117  such, the charter school may be either a private or a public
 1118  employer. As a public employer, a charter school may participate
 1119  in the Florida Retirement System upon application and approval
 1120  as a “covered group” under s. 121.021(34). If a charter school
 1121  participates in the Florida Retirement System, the charter
 1122  school employees shall be compulsory members of the Florida
 1123  Retirement System. As either a private or a public employer, a
 1124  charter school may contract for services with an individual or
 1125  group of individuals who are organized as a partnership or a
 1126  cooperative. Individuals or groups of individuals who contract
 1127  their services to the charter school are not public employees.
 1128         (15)(13) CHARTER SCHOOL COOPERATIVES.—Charter schools may
 1129  enter into cooperative agreements to form charter school
 1130  cooperative organizations that may provide the following
 1131  services: charter school planning and development, direct
 1132  instructional services, and contracts with charter school
 1133  governing boards to provide personnel administrative services,
 1134  payroll services, human resource management, evaluation and
 1135  assessment services, teacher preparation, and professional
 1136  development.
 1137         (16)(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
 1138  INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
 1139  TAXING POWER NOT TO BE PLEDGED.—Any arrangement entered into to
 1140  borrow or otherwise secure funds for a charter school authorized
 1141  in this section from a source other than the state or a school
 1142  district shall indemnify the state and the school district from
 1143  any and all liability, including, but not limited to, financial
 1144  responsibility for the payment of the principal or interest. Any
 1145  loans, bonds, or other financial agreements are not obligations
 1146  of the state or the school district but are obligations of the
 1147  charter school authority and are payable solely from the sources
 1148  of funds pledged by such agreement. The credit or taxing power
 1149  of the state or the school district shall not be pledged and no
 1150  debts shall be payable out of any moneys except those of the
 1151  legal entity in possession of a valid charter approved by a
 1152  district school board pursuant to this section.
 1153         (17)(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS
 1154  IN-A-MUNICIPALITY.—
 1155         (a) In order to increase business partnerships in
 1156  education, to reduce school and classroom overcrowding
 1157  throughout the state, and to offset the high costs for
 1158  educational facilities construction, the Legislature intends to
 1159  encourage the formation of business partnership schools or
 1160  satellite learning centers and municipal-operated schools
 1161  through charter school status.
 1162         (b) A charter school-in-the-workplace may be established
 1163  when a business partner provides the school facility to be used;
 1164  enrolls students based upon a random lottery that involves all
 1165  of the children of employees of that business or corporation or
 1166  residents of that municipality who are seeking enrollment, as
 1167  provided for in subsection (12) (10); and enrolls students
 1168  according to the racial/ethnic balance provisions described in
 1169  subparagraph (7)(a)8. A municipality may be a business partner
 1170  notwithstanding paragraph (c). Any portion of a facility used
 1171  for a public charter school shall be exempt from ad valorem
 1172  taxes, as provided for in s. 1013.54, for the duration of its
 1173  use as a public school.
 1174         (c) A charter school-in-a-municipality designation may be
 1175  granted to a municipality that possesses a charter; enrolls
 1176  students based upon a random lottery that involves all of the
 1177  children of the residents of that municipality who are seeking
 1178  enrollment, as provided for in subsection (12) (10); and enrolls
 1179  students according to the racial/ethnic balance provisions
 1180  described in subparagraph (7)(a)8. When a municipality has
 1181  submitted charter applications for the establishment of a
 1182  charter school feeder pattern, consisting of elementary, middle,
 1183  and senior high schools, and each individual charter application
 1184  is approved by the district school board, such schools shall
 1185  then be designated as one charter school for all purposes listed
 1186  pursuant to this section. Any portion of the land and facility
 1187  used for a public charter school shall be exempt from ad valorem
 1188  taxes, as provided for in s. 1013.54, for the duration of its
 1189  use as a public school.
 1190         (d) As used in this subsection, the terms “business
 1191  partner” or “municipality” may include more than one business or
 1192  municipality to form a charter school-in-the-workplace or
 1193  charter school-in-a-municipality.
 1194         (18)(16) EXEMPTION FROM STATUTES.—
 1195         (a) A charter school shall operate in accordance with its
 1196  charter and shall be exempt from all statutes in chapters 1000
 1197  1013. However, a charter school shall be in compliance with the
 1198  following statutes in chapters 1000-1013:
 1199         1. Those statutes specifically applying to charter schools,
 1200  including this section.
 1201         2. Those statutes pertaining to the student assessment
 1202  program and school grading system.
 1203         3. Those statutes pertaining to the provision of services
 1204  to students with disabilities.
 1205         4. Those statutes pertaining to civil rights, including s.
 1206  1000.05, relating to discrimination.
 1207         5. Those statutes pertaining to student health, safety, and
 1208  welfare.
 1209         (b) Additionally, a charter school shall be in compliance
 1210  with the following statutes:
 1211         1. Section 286.011, relating to public meetings and
 1212  records, public inspection, and criminal and civil penalties.
 1213         2. Chapter 119, relating to public records.
 1214         3. Section 1003.03, relating to the maximum class size,
 1215  except that the calculation for compliance pursuant to s.
 1216  1003.03 shall be the average at the school level.
 1217         (19)(17) FUNDING.—Students enrolled in a charter school,
 1218  regardless of the sponsorship, shall be funded as if they are in
 1219  a basic program or a special program, the same as students
 1220  enrolled in other public schools in the school district. Funding
 1221  for a charter lab school shall be as provided in s. 1002.32.
 1222         (a) Each charter school shall report its student enrollment
 1223  to the sponsor as required in s. 1011.62, and in accordance with
 1224  the definitions in s. 1011.61. The sponsor shall include each
 1225  charter school’s enrollment in the district’s report of student
 1226  enrollment. All charter schools submitting student record
 1227  information required by the Department of Education shall comply
 1228  with the Department of Education’s guidelines for electronic
 1229  data formats for such data, and all districts shall accept
 1230  electronic data that complies with the Department of Education’s
 1231  electronic format.
 1232         (b) The basis for the agreement for funding students
 1233  enrolled in a charter school shall be the sum of the school
 1234  district’s operating funds from the Florida Education Finance
 1235  Program as provided in s. 1011.62 and the General Appropriations
 1236  Act, including gross state and local funds, discretionary
 1237  lottery funds, and funds from the school district’s current
 1238  operating discretionary millage levy; divided by total funded
 1239  weighted full-time equivalent students in the school district;
 1240  multiplied by the weighted full-time equivalent students for the
 1241  charter school. Charter schools whose students or programs meet
 1242  the eligibility criteria in law shall be entitled to their
 1243  proportionate share of categorical program funds included in the
 1244  total funds available in the Florida Education Finance Program
 1245  by the Legislature, including transportation. Total funding for
 1246  each charter school shall be recalculated during the year to
 1247  reflect the revised calculations under the Florida Education
 1248  Finance Program by the state and the actual weighted full-time
 1249  equivalent students reported by the charter school during the
 1250  full-time equivalent student survey periods designated by the
 1251  Commissioner of Education.
 1252         (c) If the district school board is providing programs or
 1253  services to students funded by federal funds, any eligible
 1254  students enrolled in charter schools in the school district
 1255  shall be provided federal funds for the same level of service
 1256  provided students in the schools operated by the district school
 1257  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
 1258  charter schools shall receive all federal funding for which the
 1259  school is otherwise eligible, including Title I funding, not
 1260  later than 5 months after the charter school first opens and
 1261  within 5 months after any subsequent expansion of enrollment.
 1262         (d) Charter schools shall be included by the Department of
 1263  Education and the district school board in requests for federal
 1264  stimulus funds in the same manner as district school board
 1265  operated public schools, including Title I and IDEA funds and
 1266  shall be entitled to receive such funds. Charter schools are
 1267  eligible to participate in federal competitive grants that are
 1268  available as part of the federal stimulus funds.
 1269         (e) District school boards shall make timely and efficient
 1270  payment and reimbursement to charter schools, including
 1271  processing paperwork required to access special state and
 1272  federal funding for which they may be eligible. The district
 1273  school board may distribute funds to a charter school for up to
 1274  3 months based on the projected full-time equivalent student
 1275  membership of the charter school. Thereafter, the results of
 1276  full-time equivalent student membership surveys shall be used in
 1277  adjusting the amount of funds distributed monthly to the charter
 1278  school for the remainder of the fiscal year. The payment shall
 1279  be issued no later than 10 working days after the district
 1280  school board receives a distribution of state or federal funds.
 1281  If a warrant for payment is not issued within 10 working days
 1282  after receipt of funding by the district school board, the
 1283  school district shall pay to the charter school, in addition to
 1284  the amount of the scheduled disbursement, interest at a rate of
 1285  1 percent per month calculated on a daily basis on the unpaid
 1286  balance from the expiration of the 10 working days until such
 1287  time as the warrant is issued.
 1288         (20)(18) FACILITIES.—
 1289         (a) A startup charter school shall utilize facilities which
 1290  comply with the Florida Building Code pursuant to chapter 553
 1291  except for the State Requirements for Educational Facilities.
 1292  Conversion charter schools shall utilize facilities that comply
 1293  with the State Requirements for Educational Facilities provided
 1294  that the school district and the charter school have entered
 1295  into a mutual management plan for the reasonable maintenance of
 1296  such facilities. The mutual management plan shall contain a
 1297  provision by which the district school board agrees to maintain
 1298  charter school facilities in the same manner as its other public
 1299  schools within the district. Charter schools, with the exception
 1300  of conversion charter schools, are not required to comply, but
 1301  may choose to comply, with the State Requirements for
 1302  Educational Facilities of the Florida Building Code adopted
 1303  pursuant to s. 1013.37. The local governing authority shall not
 1304  adopt or impose local building requirements or restrictions that
 1305  are more stringent than those found in the Florida Building
 1306  Code. The agency having jurisdiction for inspection of a
 1307  facility and issuance of a certificate of occupancy shall be the
 1308  local municipality or, if in an unincorporated area, the county
 1309  governing authority.
 1310         (b) A charter school shall utilize facilities that comply
 1311  with the Florida Fire Prevention Code, pursuant to s. 633.025,
 1312  as adopted by the authority in whose jurisdiction the facility
 1313  is located as provided in paragraph (a).
 1314         (c) Any facility, or portion thereof, used to house a
 1315  charter school whose charter has been approved by the sponsor
 1316  and the governing board, pursuant to subsection (7), shall be
 1317  exempt from ad valorem taxes pursuant to s. 196.1983. Library,
 1318  community service, museum, performing arts, theatre, cinema,
 1319  church, community college, college, and university facilities
 1320  may provide space to charter schools within their facilities
 1321  under their preexisting zoning and land use designations.
 1322         (d) Charter school facilities are exempt from assessments
 1323  of fees for building permits, except as provided in s. 553.80;
 1324  fees for building and occupational licenses; impact fees or
 1325  exactions; service availability fees; and assessments for
 1326  special benefits.
 1327         (e) If a district school board facility or property is
 1328  available because it is surplus, marked for disposal, or
 1329  otherwise unused, it shall be provided for a charter school’s
 1330  use on the same basis as it is made available to other public
 1331  schools in the district. A charter school receiving property
 1332  from the school district may not sell or dispose of such
 1333  property without written permission of the school district.
 1334  Similarly, for an existing public school converting to charter
 1335  status, no rental or leasing fee for the existing facility or
 1336  for the property normally inventoried to the conversion school
 1337  may be charged by the district school board to the parents and
 1338  teachers organizing the charter school. The charter school shall
 1339  agree to reasonable maintenance provisions in order to maintain
 1340  the facility in a manner similar to district school board
 1341  standards. The Public Education Capital Outlay maintenance funds
 1342  or any other maintenance funds generated by the facility
 1343  operated as a conversion school shall remain with the conversion
 1344  school.
 1345         (f) To the extent that charter school facilities are
 1346  specifically created to mitigate the educational impact created
 1347  by the development of new residential dwelling units, pursuant
 1348  to subparagraph (2)(c)4., some of or all of the educational
 1349  impact fees required to be paid in connection with the new
 1350  residential dwelling units may be designated instead for the
 1351  construction of the charter school facilities that will mitigate
 1352  the student station impact. Such facilities shall be built to
 1353  the State Requirements for Educational Facilities and shall be
 1354  owned by a public or nonprofit entity. The local school district
 1355  retains the right to monitor and inspect such facilities to
 1356  ensure compliance with the State Requirements for Educational
 1357  Facilities. If a facility ceases to be used for public
 1358  educational purposes, either the facility shall revert to the
 1359  school district subject to any debt owed on the facility, or the
 1360  owner of the facility shall have the option to refund all
 1361  educational impact fees utilized for the facility to the school
 1362  district. The district and the owner of the facility may
 1363  contractually agree to another arrangement for the facilities if
 1364  the facilities cease to be used for educational purposes. The
 1365  owner of property planned or approved for new residential
 1366  dwelling units and the entity levying educational impact fees
 1367  shall enter into an agreement that designates the educational
 1368  impact fees that will be allocated for the charter school
 1369  student stations and that ensures the timely construction of the
 1370  charter school student stations concurrent with the expected
 1371  occupancy of the residential units. The application for use of
 1372  educational impact fees shall include an approved charter school
 1373  application. To assist the school district in forecasting
 1374  student station needs, the entity levying the impact fees shall
 1375  notify the affected district of any agreements it has approved
 1376  for the purpose of mitigating student station impact from the
 1377  new residential dwelling units.
 1378         (g) Each school district shall annually provide to the
 1379  Department of Education as part of its 5-year work plan the
 1380  number of existing vacant classrooms in each school that the
 1381  district does not intend to use or does not project will be
 1382  needed for educational purposes for the following school year.
 1383  The department may recommend that a district make such space
 1384  available to an appropriate charter school.
 1385         (21)(19) CAPITAL OUTLAY FUNDING.—Charter schools are
 1386  eligible for capital outlay funds pursuant to s. 1013.62.
 1387  Capital outlay funds authorized in ss. s. 1011.71(2) and 1013.62
 1388  which that have been shared with a charter school-in-the
 1389  workplace prior to July 1, 2010, are deemed to have met the
 1390  authorized expenditure requirements for such funds.
 1391         (22)(20) SERVICES.—
 1392         (a)1. A sponsor shall provide certain administrative and
 1393  educational services to charter schools. These services shall
 1394  include contract management services; full-time equivalent and
 1395  data reporting services; exceptional student education
 1396  administration services; services related to eligibility and
 1397  reporting duties required to ensure that school lunch services
 1398  under the federal lunch program, consistent with the needs of
 1399  the charter school, are provided by the school district at the
 1400  request of the charter school, that any funds due to the charter
 1401  school under the federal lunch program be paid to the charter
 1402  school as soon as the charter school begins serving food under
 1403  the federal lunch program, and that the charter school is paid
 1404  at the same time and in the same manner under the federal lunch
 1405  program as other public schools serviced by the sponsor or the
 1406  school district; test administration services, including payment
 1407  of the costs of state-required or district-required student
 1408  assessments; processing of teacher certificate data services;
 1409  and information services, including equal access to student
 1410  information systems that are used by public schools in the
 1411  district in which the charter school is located. Student
 1412  performance data for each student in a charter school,
 1413  including, but not limited to, FCAT scores, standardized test
 1414  scores, previous public school student report cards, and student
 1415  performance measures, shall be provided by the sponsor to a
 1416  charter school in the same manner provided to other public
 1417  schools in the district.
 1418         2. A total administrative fee for the provision of such
 1419  services shall be calculated based upon up to 5 percent of the
 1420  available funds defined in paragraph (19)(b) (17)(b) for all
 1421  students. However, a sponsor may only withhold up to a 5-percent
 1422  administrative fee for enrollment for up to and including 250
 1423  students. For charter schools with a population of 251 or more
 1424  students, the difference between the total administrative fee
 1425  calculation and the amount of the administrative fee withheld
 1426  may only be used for capital outlay purposes specified in s.
 1427  1013.62(2).
 1428         3. In addition, a sponsor may withhold only up to a 5
 1429  percent administrative fee for enrollment for up to and
 1430  including 500 students within a system of charter schools which
 1431  meets all of the following:
 1432         a. Includes both conversion charter schools and
 1433  nonconversion charter schools;
 1434         b. Has all schools located in the same county;
 1435         c. Has a total enrollment exceeding the total enrollment of
 1436  at least one school district in the state;
 1437         d. Has the same governing board; and
 1438         e. Does not contract with a for-profit service provider for
 1439  management of school operations.
 1440         4. The difference between the total administrative fee
 1441  calculation and the amount of the administrative fee withheld
 1442  pursuant to subparagraph 3. may be used for instructional and
 1443  administrative purposes as well as for capital outlay purposes
 1444  specified in s. 1013.62(2).
 1445         5. Each charter school shall receive 100 percent of the
 1446  funds awarded to that school pursuant to s. 1012.225. Sponsors
 1447  shall not charge charter schools any additional fees or
 1448  surcharges for administrative and educational services in
 1449  addition to the maximum 5-percent administrative fee withheld
 1450  pursuant to this paragraph.
 1451         (b) If goods and services are made available to the charter
 1452  school through the contract with the school district, they shall
 1453  be provided to the charter school at a rate no greater than the
 1454  district’s actual cost unless mutually agreed upon by the
 1455  charter school and the sponsor in a contract negotiated
 1456  separately from the charter. When mediation has failed to
 1457  resolve disputes over contracted services or contractual matters
 1458  not included in the charter, an appeal may be made for a dispute
 1459  resolution hearing before the Charter School Appeal Commission.
 1460  To maximize the use of state funds, school districts shall allow
 1461  charter schools to participate in the sponsor’s bulk purchasing
 1462  program if applicable.
 1463         (c) Transportation of charter school students shall be
 1464  provided by the charter school consistent with the requirements
 1465  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
 1466  body of the charter school may provide transportation through an
 1467  agreement or contract with the district school board, a private
 1468  provider, or parents. The charter school and the sponsor shall
 1469  cooperate in making arrangements that ensure that transportation
 1470  is not a barrier to equal access for all students residing
 1471  within a reasonable distance of the charter school as determined
 1472  in its charter.
 1473         (23)(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 1474         (a) The Department of Education shall provide information
 1475  to the public, directly and through sponsors, on how to form and
 1476  operate a charter school and how to enroll in a charter school
 1477  once it is created. This information must shall include a
 1478  standard application format, charter format, evaluation
 1479  instrument, and charter renewal format, which must shall include
 1480  the information specified in subsection (7) and shall be
 1481  developed by consulting and negotiating with both school
 1482  districts and charter schools before implementation. The charter
 1483  and charter renewal formats shall be used by charter school
 1484  sponsors.
 1485         (b)1. The Department of Education shall report student
 1486  assessment data pursuant to s. 1008.34(3)(c) which is reported
 1487  to schools that receive a school grade or student assessment
 1488  data pursuant to s. 1008.341(3) which is reported to alternative
 1489  schools that receive a school improvement rating to each charter
 1490  school that:
 1491         a. Does not receive a school grade pursuant to s. 1008.34
 1492  or a school improvement rating pursuant to s. 1008.341; and
 1493         b. Serves at least 10 students who are tested on the
 1494  statewide assessment test pursuant to s. 1008.22.
 1495         2. The charter school shall report the information in
 1496  subparagraph 1. to each parent of a student at the charter
 1497  school, the parent of a child on a waiting list for the charter
 1498  school, the district in which the charter school is located, and
 1499  the governing board of the charter school. This paragraph does
 1500  not abrogate the provisions of s. 1002.22, relating to student
 1501  records, or the requirements of 20 U.S.C. s. 1232g, the Family
 1502  Educational Rights and Privacy Act.
 1503         3.a. Pursuant to this paragraph, the Department of
 1504  Education shall compare the charter school student performance
 1505  data for each charter school in subparagraph 1. with the student
 1506  performance data in traditional public schools in the district
 1507  in which the charter school is located and other charter schools
 1508  in the state. For alternative charter schools, the department
 1509  shall compare the student performance data described in this
 1510  paragraph with all alternative schools in the state. The
 1511  comparative data shall be provided by the following grade
 1512  groupings:
 1513         (I) Grades 3 through 5;
 1514         (II) Grades 6 through 8; and
 1515         (III) Grades 9 through 11.
 1516         b. Each charter school shall provide the information
 1517  specified in this paragraph on its Internet website and also
 1518  provide notice to the public at large in a manner provided by
 1519  the rules of the State Board of Education. The State Board of
 1520  Education shall adopt rules to administer the notice
 1521  requirements of this subparagraph pursuant to ss. 120.536(1) and
 1522  120.54. The website shall include, through links or actual
 1523  content, other information related to school performance.
 1524         (22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.—
 1525         (a) The Department of Education shall staff and regularly
 1526  convene a Charter School Review Panel in order to review issues,
 1527  practices, and policies regarding charter schools. The
 1528  composition of the review panel shall include individuals with
 1529  experience in finance, administration, law, education, and
 1530  school governance, and individuals familiar with charter school
 1531  construction and operation. The panel shall include two
 1532  appointees each from the Commissioner of Education, the
 1533  President of the Senate, and the Speaker of the House of
 1534  Representatives. The Governor shall appoint three members of the
 1535  panel and shall designate the chair. Each member of the panel
 1536  shall serve a 1-year term, unless renewed by the office making
 1537  the appointment. The panel shall make recommendations to the
 1538  Legislature, to the Department of Education, to charter schools,
 1539  and to school districts for improving charter school operations
 1540  and oversight and for ensuring best business practices at and
 1541  fair business relationships with charter schools.
 1542         (b) The Legislature shall review the operation of charter
 1543  schools during the 2010 Regular Session of the Legislature.
 1544         (24)(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon
 1545  receipt of the annual report required by paragraph (9)(k), the
 1546  Department of Education shall provide to the State Board of
 1547  Education, the Commissioner of Education, the Governor, the
 1548  President of the Senate, and the Speaker of the House of
 1549  Representatives an analysis and comparison of the overall
 1550  performance of charter school students, to include all students
 1551  whose scores are counted as part of the statewide assessment
 1552  program, versus comparable public school students in the
 1553  district as determined by the statewide assessment program
 1554  currently administered in the school district, and other
 1555  assessments administered pursuant to s. 1008.22(3).
 1556         (25)(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
 1557         (a) This subsection applies to charter school personnel in
 1558  a charter school operated by a private entity. As used in this
 1559  subsection, the term:
 1560         1. “Charter school personnel” means a charter school owner,
 1561  president, chairperson of the governing board of directors,
 1562  superintendent, governing board member, principal, assistant
 1563  principal, or any other person employed by the charter school
 1564  who has equivalent decisionmaking authority and in whom is
 1565  vested the authority, or to whom the authority has been
 1566  delegated, to appoint, employ, promote, or advance individuals
 1567  or to recommend individuals for appointment, employment,
 1568  promotion, or advancement in connection with employment in a
 1569  charter school, including the authority as a member of a
 1570  governing body of a charter school to vote on the appointment,
 1571  employment, promotion, or advancement of individuals.
 1572         2. “Relative” means father, mother, son, daughter, brother,
 1573  sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
 1574  father-in-law, mother-in-law, son-in-law, daughter-in-law,
 1575  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
 1576  stepdaughter, stepbrother, stepsister, half brother, or half
 1577  sister.
 1578         (b) Charter school personnel may not appoint, employ,
 1579  promote, or advance, or advocate for appointment, employment,
 1580  promotion, or advancement, in or to a position in the charter
 1581  school in which the personnel are serving or over which the
 1582  personnel exercises jurisdiction or control any individual who
 1583  is a relative. An individual may not be appointed, employed,
 1584  promoted, or advanced in or to a position in a charter school if
 1585  such appointment, employment, promotion, or advancement has been
 1586  advocated by charter school personnel who serve in or exercise
 1587  jurisdiction or control over the charter school and who is a
 1588  relative of the individual or if such appointment, employment,
 1589  promotion, or advancement is made by the governing board of
 1590  which a relative of the individual is a member.
 1591         (c) The approval of budgets does not constitute
 1592  “jurisdiction or control” for the purposes of this subsection.
 1593  
 1594  Charter school personnel in schools operated by a municipality
 1595  or other public entity are subject to s. 112.3135.
 1596         (26)(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
 1597         (a) A member of a governing board of a charter school,
 1598  including a charter school operated by a private entity, is
 1599  subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
 1600         (b) A member of a governing board of a charter school
 1601  operated by a municipality or other public entity is subject to
 1602  s. 112.3144, which relates to the disclosure of financial
 1603  interests.
 1604         (27)(26) RULEMAKING.—The Department of Education, after
 1605  consultation with school districts and charter school directors,
 1606  shall recommend that the State Board of Education adopt rules to
 1607  implement specific subsections of this section. Such rules shall
 1608  require minimum paperwork and shall not limit charter school
 1609  flexibility authorized by statute. The State Board of Education
 1610  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
 1611  implement this section, including a charter model application
 1612  form, evaluation instrument, and charter and charter renewal
 1613  formats in accordance with this section.
 1614         Section 4. Paragraph (c) of subsection (10) and subsection
 1615  (13) of section 1002.34, Florida Statutes, are amended to read:
 1616         1002.34 Charter technical career centers.—
 1617         (10) EXEMPTION FROM STATUTES.—
 1618         (c) A center must comply with the antidiscrimination
 1619  provisions in s. 1000.05 and the provisions in s. 1002.33(25) s.
 1620  1002.33(24) which relate to the employment of relatives.
 1621         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
 1622  of a center may decide matters relating to the operation of the
 1623  school, including budgeting, curriculum, and operating
 1624  procedures, subject to the center’s charter. The board of
 1625  directors is responsible for performing the duties provided in
 1626  s. 1002.345, including monitoring the corrective action plan.
 1627  The board of directors must comply with s. 1002.33(26) s.
 1628  1002.33(25).
 1629         Section 5. Section 1011.68, Florida Statutes, is amended to
 1630  read:
 1631         1011.68 Funds for student transportation.—The annual
 1632  allocation to each district for transportation to public school
 1633  programs, including charter schools as provided in s.
 1634  1002.33(19)(b) s. 1002.33(17)(b), of students in membership in
 1635  kindergarten through grade 12 and in migrant and exceptional
 1636  student programs below kindergarten shall be determined as
 1637  follows:
 1638         (1) Subject to the rules of the State Board of Education,
 1639  each district shall determine the membership of students who are
 1640  transported:
 1641         (a) By reason of living 2 miles or more from school.
 1642         (b) By reason of being students with disabilities or
 1643  enrolled in a teenage parent program, regardless of distance to
 1644  school.
 1645         (c) By reason of being in a state prekindergarten program,
 1646  regardless of distance from school.
 1647         (d) By reason of being career, dual enrollment, or students
 1648  with disabilities transported from one school center to another
 1649  to participate in an instructional program or service; or
 1650  students with disabilities, transported from one designation to
 1651  another in the state, provided one designation is a school
 1652  center and provided the student’s individual educational plan
 1653  (IEP) identifies the need for the instructional program or
 1654  service and transportation to be provided by the school
 1655  district. A “school center” is defined as a public school
 1656  center, community college, state university, or other facility
 1657  rented, leased, or owned and operated by the school district or
 1658  another public agency. A “dual enrollment student” is defined as
 1659  a public school student in membership in both a public secondary
 1660  school program and a community college or a state university
 1661  program under a written agreement to partially fulfill ss.
 1662  1003.435 and 1007.23 and earning full-time equivalent membership
 1663  under s. 1011.62(1)(i).
 1664         (e) With respect to elementary school students whose grade
 1665  level does not exceed grade 6, by reason of being subjected to
 1666  hazardous walking conditions en route to or from school as
 1667  provided in s. 1006.23. Such rules shall, when appropriate,
 1668  provide for the determination of membership under this paragraph
 1669  for less than 1 year to accommodate the needs of students who
 1670  require transportation only until such hazardous conditions are
 1671  corrected.
 1672         (f) By reason of being a pregnant student or student
 1673  parent, and the child of a student parent as provided in s.
 1674  1003.54, regardless of distance from school.
 1675         (2) The allocation for each district shall be calculated
 1676  annually in accordance with the following formula:
 1677  
 1678         T = B + EX. The elements of this formula are defined as
 1679  follows: T is the total dollar allocation for transportation. B
 1680  is the base transportation dollar allocation prorated by an
 1681  adjusted student membership count. The adjusted membership count
 1682  shall be derived from a multiplicative index function in which
 1683  the base student membership is adjusted by multiplying it by
 1684  index numbers that individually account for the impact of the
 1685  price level index, average bus occupancy, and the extent of
 1686  rural population in the district. EX is the base transportation
 1687  dollar allocation for disabled students prorated by an adjusted
 1688  disabled student membership count. The base transportation
 1689  dollar allocation for disabled students is the total state base
 1690  disabled student membership count weighted for increased costs
 1691  associated with transporting disabled students and multiplying
 1692  it by an average per student cost for transportation as
 1693  determined by the Legislature. The adjusted disabled student
 1694  membership count shall be derived from a multiplicative index
 1695  function in which the weighted base disabled student membership
 1696  is adjusted by multiplying it by index numbers that individually
 1697  account for the impact of the price level index, average bus
 1698  occupancy, and the extent of rural population in the district.
 1699  Each adjustment factor shall be designed to affect the base
 1700  allocation by no more or less than 10 percent.
 1701         (3) The total allocation to each district for
 1702  transportation of students shall be the sum of the amounts
 1703  determined in subsection (2). If the funds appropriated for the
 1704  purpose of implementing this section are not sufficient to pay
 1705  the base transportation allocation and the base transportation
 1706  allocation for disabled students, the Department of Education
 1707  shall prorate the available funds on a percentage basis. If the
 1708  funds appropriated for the purpose of implementing this section
 1709  exceed the sum of the base transportation allocation and the
 1710  base transportation allocation for disabled students, the base
 1711  transportation allocation for disabled students shall be limited
 1712  to the amount calculated in subsection (2), and the remaining
 1713  balance shall be added to the base transportation allocation.
 1714         (4) No district shall use funds to purchase transportation
 1715  equipment and supplies at prices which exceed those determined
 1716  by the department to be the lowest which can be obtained, as
 1717  prescribed in s. 1006.27(1).
 1718         (5) Funds allocated or apportioned for the payment of
 1719  student transportation services may be used to pay for
 1720  transportation of students to and from school on local general
 1721  purpose transportation systems. Student transportation funds may
 1722  also be used to pay for transportation of students to and from
 1723  school in private passenger cars and boats when the
 1724  transportation is for isolated students, or students with
 1725  disabilities as defined by rule. Subject to the rules of the
 1726  State Board of Education, each school district shall determine
 1727  and report the number of assigned students using general purpose
 1728  transportation private passenger cars and boats. The allocation
 1729  per student must be equal to the allocation per student riding a
 1730  school bus.
 1731         (6) Notwithstanding other provisions of this section, in no
 1732  case shall any student or students be counted for transportation
 1733  funding more than once per day. This provision includes counting
 1734  students for funding pursuant to trips in school buses,
 1735  passenger cars, or boats or general purpose transportation.
 1736         Section 6. Paragraph (b) of subsection (2) of section
 1737  1012.32, Florida Statutes, is amended to read:
 1738         1012.32 Qualifications of personnel.—
 1739         (2)
 1740         (b) Instructional and noninstructional personnel who are
 1741  hired or contracted to fill positions in any charter school and
 1742  members of the governing board of any charter school, in
 1743  compliance with s. 1002.33(14)(f) s. 1002.33(12)(g), must, upon
 1744  employment, engagement of services, or appointment, undergo
 1745  background screening as required under s. 1012.465 or s.
 1746  1012.56, whichever is applicable, by filing with the district
 1747  school board for the school district in which the charter school
 1748  is located a complete set of fingerprints taken by an authorized
 1749  law enforcement agency or an employee of the school or school
 1750  district who is trained to take fingerprints.
 1751  
 1752  Fingerprints shall be submitted to the Department of Law
 1753  Enforcement for statewide criminal and juvenile records checks
 1754  and to the Federal Bureau of Investigation for federal criminal
 1755  records checks. A person subject to this subsection who is found
 1756  ineligible for employment under s. 1012.315, or otherwise found
 1757  through background screening to have been convicted of any crime
 1758  involving moral turpitude as defined by rule of the State Board
 1759  of Education, shall not be employed, engaged to provide
 1760  services, or serve in any position that requires direct contact
 1761  with students. Probationary persons subject to this subsection
 1762  terminated because of their criminal record have the right to
 1763  appeal such decisions. The cost of the background screening may
 1764  be borne by the district school board, the charter school, the
 1765  employee, the contractor, or a person subject to this
 1766  subsection.
 1767         Section 7. Paragraphs (a) and (e) of subsection (1) and
 1768  subsection (2) of section 1013.62, Florida Statutes, are amended
 1769  to read:
 1770         1013.62 Charter schools capital outlay funding.—
 1771         (1) In each year in which funds are appropriated for
 1772  charter school capital outlay purposes, the Commissioner of
 1773  Education shall allocate the funds among eligible charter
 1774  schools.
 1775         (a) To be eligible for a funding allocation, a charter
 1776  school must:
 1777         1.a. Have been in operation for 3 or more years;
 1778         b. Be governed by a governing board established in the
 1779  state for 3 or more years which operates both charter schools
 1780  and conversion charter schools within the state;
 1781         c. Be an expanded feeder chain of a charter school within
 1782  the same school district that is currently receiving charter
 1783  school capital outlay funds;
 1784         d. Have been accredited by the Commission on Schools of the
 1785  Southern Association of Colleges and Schools; or
 1786         e. Serve students in facilities that are provided by a
 1787  business partner for a charter school-in-the-workplace pursuant
 1788  to s. 1002.33(17)(b) s. 1002.33(15)(b).
 1789         2. Have financial stability for future operation as a
 1790  charter school.
 1791         3. Have satisfactory student achievement based on state
 1792  accountability standards applicable to the charter school.
 1793         4. Have received final approval from its sponsor pursuant
 1794  to s. 1002.33 for operation during that fiscal year.
 1795         5. Serve students in facilities that are not provided by
 1796  the charter school’s sponsor.
 1797         (e) Unless otherwise provided in the General Appropriations
 1798  Act, the funding allocation for each eligible charter school is
 1799  determined by multiplying the school’s projected student
 1800  enrollment by one-fifteenth of the cost-per-student station
 1801  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 1802  school, as appropriate. If the funds appropriated are not
 1803  sufficient, the commissioner shall prorate the available funds
 1804  among eligible charter schools. However, a charter school or
 1805  charter lab school may not receive state charter school capital
 1806  outlay funds greater than the one-fifteenth cost per student
 1807  station formula if the charter school’s combination of state
 1808  charter school capital outlay funds, capital outlay funds
 1809  calculated through the reduction in the administrative fee
 1810  provided in s. 1002.33(22) s. 1002.33(20), and capital outlay
 1811  funds allowed in s. 1002.32(9)(e) and (h) exceeds the one
 1812  fifteenth cost per student station formula.
 1813         (2) A charter school’s governing body may use charter
 1814  school capital outlay funds for the following purposes:
 1815         (a) Purchase of real property.
 1816         (b) Construction of school facilities.
 1817         (c) Purchase, lease-purchase, or lease of permanent or
 1818  relocatable school facilities.
 1819         (d) Purchase of vehicles to transport students to and from
 1820  the charter school.
 1821         (e) Renovation, repair, and maintenance of school
 1822  facilities that the charter school owns or is purchasing through
 1823  a lease-purchase or long-term lease of 5 years or longer.
 1824         (f) Effective July 1, 2008, purchase, lease-purchase, or
 1825  lease of new and replacement equipment, and enterprise resource
 1826  software applications that are classified as capital assets in
 1827  accordance with definitions of the Governmental Accounting
 1828  Standards Board, have a useful life of at least 5 years, and are
 1829  used to support schoolwide administration or state-mandated
 1830  reporting requirements.
 1831         (g) Payment of the cost of premiums for property and
 1832  casualty insurance necessary to insure the school facilities.
 1833         (h) Purchase, lease-purchase, or lease of driver’s
 1834  education vehicles; motor vehicles used for the maintenance or
 1835  operation of plants and equipment; security vehicles; or
 1836  vehicles used in storing or distributing materials and
 1837  equipment.
 1838  
 1839  Conversion charter schools may use capital outlay funds received
 1840  through the reduction in the administrative fee provided in s.
 1841  1002.33(22) s. 1002.33(20) for renovation, repair, and
 1842  maintenance of school facilities that are owned by the sponsor.
 1843         (3) When a charter school is nonrenewed or terminated, any
 1844  unencumbered funds and all equipment and property purchased with
 1845  district public funds shall revert to the ownership of the
 1846  district school board, as provided for in s. 1002.33(8)(e) and
 1847  (f). In the case of a charter lab school, any unencumbered funds
 1848  and all equipment and property purchased with university public
 1849  funds shall revert to the ownership of the state university that
 1850  issued the charter. The reversion of such equipment, property,
 1851  and furnishings shall focus on recoverable assets, but not on
 1852  intangible or irrecoverable costs such as rental or leasing
 1853  fees, normal maintenance, and limited renovations. The reversion
 1854  of all property secured with public funds is subject to the
 1855  complete satisfaction of all lawful liens or encumbrances. If
 1856  there are additional local issues such as the shared use of
 1857  facilities or partial ownership of facilities or property, these
 1858  issues shall be agreed to in the charter contract prior to the
 1859  expenditure of funds.
 1860         Section 8. (1) The Office of Program Policy Analysis and
 1861  Government Accountability (OPPAGA) shall conduct a study that
 1862  compares the funding of charter schools to the funding of
 1863  traditional public schools. In conducting this study, OPPAGA
 1864  shall:
 1865         (a) Identify the school districts that distribute funds
 1866  generated by the capital improvement millage authorized pursuant
 1867  to s. 1011.71(2), Florida Statutes, to charter schools and the
 1868  use of such funds by the charter schools.
 1869         (b) Determine the amount of funds that would be available
 1870  to charter schools if school districts equitably distribute to
 1871  district schools, including charter schools, the funds generated
 1872  by the capital improvement millage authorized pursuant to s.
 1873  1011.71(2), Florida Statutes.
 1874         (c) Examine the costs associated with supervising charter
 1875  schools and determine whether the 5 percent administrative fee
 1876  for administrative and educational services for charter schools
 1877  covers the costs associated with the provision of the services.
 1878         (d) Examine the distribution of IDEA funds.
 1879         (2) OPPAGA shall make recommendations, if warranted, for
 1880  improving the accountability and equity of the funding system
 1881  for charter schools based on the findings of the study. The
 1882  results of the study shall be submitted to the Governor, the
 1883  President of the Senate, and the Speaker of the House of
 1884  Representatives by January 1, 2012.
 1885         Section 9. If any provision of this act or its application
 1886  to any person or circumstance is held invalid, the invalidity
 1887  does not affect other provisions or applications of the act
 1888  which can be given effect without the invalid provision or
 1889  application, and to this end the provisions of this act are
 1890  severable.
 1891         Section 10. This act shall take effect July 1, 2011.