CS/CS/HB 7195

1
A bill to be entitled
2An act relating to school choice; creating s. 1002.331,
3F.S.; establishing criteria for high-performing charter
4schools; authorizing a high-performing charter school to
5increase enrollment, expand grade levels served, submit a
6quarterly financial statement, consolidate the charters of
7certain charter schools, and receive certain modification
8or renewal of its charter; authorizing a high-performing
9charter school to apply to establish a charter school that
10replicates its educational program; providing application
11requirements; limiting the number of charter schools that
12may be established; requiring eligibility verification by
13the Commissioner of Education; creating s. 1002.332, F.S.;
14providing definitions; establishing criteria for high-
15performing charter school systems; providing for
16eligibility verification by the Commissioner of Education;
17authorizing a high-performing charter school system to
18replicate its high-performing charter schools; amending s.
191002.33, F.S.; authorizing a charter school operated by a
20Florida College System institution to serve students in
21kindergarten through grade 12 if certain criteria are met;
22requiring a charter school sponsor to allow a charter
23school applicant to correct technical deficiencies in its
24application before approval or denial; establishing
25standards for sponsor review of a charter school
26application submitted by a high-performing charter school
27or high-performing charter school system; authorizing
28direct appeal to the State Board of Education of a denial
29of an application; establishing standards for reviewing
30such an appeal; revising applicant training requirements;
31requiring inclusion in the charter of procedures relating
32to high-performing charter schools; requiring each charter
33school's governing board to appoint a representative with
34specified duties; requiring each governing board to hold
35two public meetings per school year; providing meeting
36requirements; revising the procedure for nonrenewal or
37termination of a charter; authorizing a charter school's
38governing board to request a hearing regarding charter
39nonrenewal or termination, including immediate
40termination; authorizing the sponsor to choose to provide
41a direct hearing or a hearing before an administrative law
42judge; authorizing the award of costs and attorney's fees
43to a charter school if certain criteria are met;
44authorizing quarterly financial reporting for certain
45charter schools; establishing additional student
46enrollment preferences; prohibiting a sponsor from
47limiting or requiring waiver of certain high-performing
48charter school benefits as a condition of charter approval
49or renewal; providing that student capacity of a high-
50performing charter school shall be determined annually by
51the governing board; requiring the governing board to
52provide notice of enrollment increases to the sponsor;
53providing an exemption from certain local government
54ordinances, resolutions, or regulations; revising
55provisions relating to charter school capital outlay
56funding; correcting a cross-reference relating to the
57disclosure of financial interests; providing requirements
58for charter schools using shared facilities; authorizing
59certain charter school systems to be the local education
60agency for administering federal funding received by the
61system's schools; requiring the Department of Education to
62examine certain charter school funding and costs and
63report its findings to the Governor and the Legislature;
64providing an effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Section 1002.331, Florida Statutes, is created
69to read:
70     1002.331  High-performing charter schools.-
71     (1)  A charter school is a high-performing charter school
72if it:
73     (a)  Received at least two school grades of "A" and no
74school grade below "B," pursuant to s. 1008.34, during each of
75the previous 3 school years.
76     (b)  Received an unqualified opinion on each annual
77financial audit required under s. 218.39 in the most recent 3
78fiscal years for which such audits are available.
79     (c)  Did not receive a financial audit that revealed one or
80more of the financial emergency conditions set forth in s.
81218.503(1) in the most recent 3 fiscal years for which such
82audits are available. However, this requirement is deemed met
83for a charter school-in-the-workplace if there is a finding in
84an audit that the school has the monetary resources available to
85cover any reported deficiency or that the deficiency does not
86result in a deteriorating financial condition pursuant to s.
871002.345(1)(a)3.
88
89A virtual charter school established under s. 1002.33 is not
90eligible for designation as a high-performing charter school.
91     (2)  A high-performing charter school is authorized to:
92     (a)  Increase its student enrollment once per school year
93by up to 15 percent more than the capacity identified in the
94charter.
95     (b)  Expand grade levels within kindergarten through grade
9612 to add grade levels not already served if any annual
97enrollment increase resulting from grade level expansion is
98within the limit established in paragraph (a).
99     (c)  Submit a quarterly, rather than a monthly, financial
100statement to the sponsor pursuant to s. 1002.33(9)(g).
101     (d)  Consolidate under a single charter the charters of
102multiple high-performing charter schools operated in the same
103school district by the charter schools' governing board
104regardless of the renewal cycle.
105     (e)  Receive a modification of its charter to a term of 15
106years or a 15-year charter renewal. The charter may be modified
107or renewed for a shorter term at the option of the high-
108performing charter school. The charter must be consistent with
109s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual
110review by the sponsor, and may be terminated during its term
111pursuant to s. 1002.33(8).
112
113A high-performing charter school shall notify its sponsor in
114writing by March 1 if it intends to increase enrollment or
115expand grade levels the following school year. The written
116notice shall specify the amount of the enrollment increase and
117the grade levels that will be added, as applicable.
118     (3)(a)  A high-performing charter school may submit an
119application pursuant to s. 1002.33(6) in any school district in
120the state to establish and operate a new charter school that
121will substantially replicate its educational program. An
122application submitted by a high-performing charter school must
123state that the application is being submitted pursuant to this
124paragraph and must include the verification letter provided by
125the Commissioner of Education pursuant to subsection (5). If the
126sponsor fails to act on the application within 60 days after
127receipt, the application is deemed approved and the procedure in
128s. 1002.33(6)(h) applies. If the sponsor denies the application,
129the high-performing charter school may appeal pursuant to s.
1301002.33(6).
131     (b)  A high-performing charter school may not establish
132more than one charter school within the state under paragraph
133(a) in any year. A subsequent application to establish a charter
134school under paragraph (a) may not be submitted unless each
135charter school established in this manner achieves high-
136performing charter school status. A charter school established
137under paragraph (a) must meet class size requirements
138established under s. 1003.03, calculated at the classroom level.
139     (4)  A high-performing charter school may not increase
140enrollment or expand grade levels following any school year in
141which it receives a school grade of "C" or below. If the charter
142school receives a school grade of "C" or below in any 2 years
143during the term of the charter awarded under subsection (2), the
144term of the charter may be modified by the sponsor and the
145charter school loses its high-performing charter school status
146until it regains that status under subsection (1).
147     (5)  The Commissioner of Education, upon request by a
148charter school, shall verify that the charter school meets the
149criteria in subsection (1) and provide a letter to the charter
150school and the sponsor stating that the charter school is a
151high-performing charter school pursuant to this section.
152     (6)  A high-performing charter school replicated under this
153section may not be replicated as a virtual charter school.
154     Section 2.  Section 1002.332, Florida Statutes, is created
155to read:
156     1002.332  High-performing charter school system.-
157     (1)  For purposes of this section, the term:
158     (a)  "Entity" means a municipality or other public entity
159that is authorized by law to operate a charter school; a
160private, nonprofit corporation with tax-exempt status under s.
161501(c)(3) of the Internal Revenue Code; or a private, for-profit
162education management corporation.
163     (b)  "High-performing charter school system" means an
164entity that:
165     1.  Operates at least three high-performing charter schools
166in the state;
167     2.  Operates a system of charter schools in which at least
16850 percent of the charter schools are high-performing charter
169schools pursuant to s. 1002.331 and no charter school received a
170school grade of "D" or "F" pursuant to s. 1008.34, except that:
171     a.  If the entity has assumed operation of a public school
172pursuant to s. 1008.33(5)(a)3. with a school grade of "D" or
173"F," that school's grade shall not be considered in determining
174high-performing charter school system status for a period of 3
175years.
176     b.  If the entity establishes a new charter school that
177serves a student population the majority of which resides in a
178school zone served by a public school that is identified as
179lowest performing under s. 1008.33(4)(b), that charter school's
180grade shall not be considered in determining high-performing
181charter school system status if it attains and maintains a
182school grade that is higher than that of the public school
183serving that school zone within 3 years after establishment; and
184     3.  Has not received a financial audit that revealed one or
185more of the financial emergency conditions set forth in s.
186218.503(1) for any charter school assumed or established by the
187entity.
188     (2)(a)  The Commissioner of Education, upon request by an
189entity, shall verify that the entity meets the criteria in
190subsection (1) for the prior school year and provide a letter to
191the entity stating that it is a high-performing charter school
192system.
193     (b)  A high-performing charter school system may replicate
194its high-performing charter schools pursuant to s. 1002.331(3).
195     Section 3.  Paragraph (b) of subsection (5), paragraphs
196(b), (c), (e), and (f) of subsection (6), subsection (7),
197paragraphs (b), (c), and (d) of subsection (8), paragraph (g) of
198subsection (9), paragraphs (d) and (h) of subsection (10),
199subsection (19), and paragraph (b) of subsection (25) of section
2001002.33, Florida Statutes, are amended, paragraph (i) is added
201to subsection (10), paragraph (c) is added to subsection (16),
202subsection (26) is renumbered as subsection (28), and new
203subsections (26) and (27) are added to that section, to read:
204     1002.33  Charter schools.-
205     (5)  SPONSOR; DUTIES.-
206     (b)  Sponsor duties.-
207     1.a.  The sponsor shall monitor and review the charter
208school in its progress toward the goals established in the
209charter.
210     b.  The sponsor shall monitor the revenues and expenditures
211of the charter school and perform the duties provided in s.
2121002.345.
213     c.  The sponsor may approve a charter for a charter school
214before the applicant has identified space, equipment, or
215personnel, if the applicant indicates approval is necessary for
216it to raise working funds.
217     d.  The sponsor's policies shall not apply to a charter
218school unless mutually agreed to by both the sponsor and the
219charter school.
220     e.  The sponsor shall ensure that the charter is innovative
221and consistent with the state education goals established by s.
2221000.03(5).
223     f.  The sponsor shall ensure that the charter school
224participates in the state's education accountability system. If
225a charter school falls short of performance measures included in
226the approved charter, the sponsor shall report such shortcomings
227to the Department of Education.
228     g.  The sponsor shall not be liable for civil damages under
229state law for personal injury, property damage, or death
230resulting from an act or omission of an officer, employee,
231agent, or governing body of the charter school.
232     h.  The sponsor shall not be liable for civil damages under
233state law for any employment actions taken by an officer,
234employee, agent, or governing body of the charter school.
235     i.  The sponsor's duties to monitor the charter school
236shall not constitute the basis for a private cause of action.
237     j.  The sponsor shall not impose additional reporting
238requirements on a charter school without providing reasonable
239and specific justification in writing to the charter school.
240     2.  Immunity for the sponsor of a charter school under
241subparagraph 1. applies only with respect to acts or omissions
242not under the sponsor's direct authority as described in this
243section.
244     3.  This paragraph does not waive a district school board's
245sovereign immunity.
246     4.  A community college may work with the school district
247or school districts in its designated service area to develop
248charter schools that offer secondary education. These charter
249schools must include an option for students to receive an
250associate degree upon high school graduation. A Florida College
251System institution may operate no more than one charter school
252that serves students in kindergarten through grade 12 if the
253institution operates an approved teacher preparation program
254under s. 1004.04 or s. 1004.85. District school boards shall
255cooperate with and assist the community college on the charter
256application. Community college applications for charter schools
257are not subject to the time deadlines outlined in subsection (6)
258and may be approved by the district school board at any time
259during the year. Community colleges may not report FTE for any
260students who receive FTE funding through the Florida Education
261Finance Program.
262     (6)  APPLICATION PROCESS AND REVIEW.-Charter school
263applications are subject to the following requirements:
264     (b)  A sponsor shall receive and review all applications
265for a charter school using an evaluation instrument developed by
266the Department of Education. Beginning with the 2007-2008 school
267year, A sponsor shall receive and consider charter school
268applications received on or before August 1 of each calendar
269year for charter schools to be opened at the beginning of the
270school district's next school year, or to be opened at a time
271agreed to by the applicant and the sponsor. A sponsor may
272receive applications later than this date if it chooses. A
273sponsor may not charge an applicant for a charter any fee for
274the processing or consideration of an application, and a sponsor
275may not base its consideration or approval of an application
276upon the promise of future payment of any kind. Before approving
277or denying any application, the sponsor shall allow the
278applicant, upon receipt of written notification, at least 7
279calendar days to make technical or nonsubstantive corrections
280and clarifications, including, but not limited to, corrections
281of grammatical, typographical, and like errors or missing
282signatures, if such errors are identified by the sponsor as
283cause to deny the application.
284     1.  In order to facilitate an accurate budget projection
285process, a sponsor shall be held harmless for FTE students who
286are not included in the FTE projection due to approval of
287charter school applications after the FTE projection deadline.
288In a further effort to facilitate an accurate budget projection,
289within 15 calendar days after receipt of a charter school
290application, a sponsor shall report to the Department of
291Education the name of the applicant entity, the proposed charter
292school location, and its projected FTE.
293     2.  In order to ensure fiscal responsibility, an
294application for a charter school shall include a full accounting
295of expected assets, a projection of expected sources and amounts
296of income, including income derived from projected student
297enrollments and from community support, and an expense
298projection that includes full accounting of the costs of
299operation, including start-up costs.
300     3.a.  A sponsor shall by a majority vote approve or deny an
301application no later than 60 calendar days after the application
302is received, unless the sponsor and the applicant mutually agree
303in writing to temporarily postpone the vote to a specific date,
304at which time the sponsor shall by a majority vote approve or
305deny the application. If the sponsor fails to act on the
306application, an applicant may appeal to the State Board of
307Education as provided in paragraph (c). If an application is
308denied, the sponsor shall, within 10 calendar days after such
309denial, articulate in writing the specific reasons, based upon
310good cause, supporting its denial of the charter application and
311shall provide the letter of denial and supporting documentation
312to the applicant and to the Department of Education supporting
313those reasons.
314     b.  An application submitted by a high-performing charter
315school identified pursuant to s. 1002.331 or a high-performing
316charter school system identified pursuant to s. 1002.332 may be
317denied by the sponsor only if the sponsor demonstrates by clear
318and convincing evidence that:
319     (I)  The application does not materially comply with the
320requirements in paragraph (a);
321     (II)  The charter school proposed in the application does
322not materially comply with the requirements in paragraphs
323(9)(a)-(f);
324     (III)  The proposed charter school's educational program
325does not substantially replicate that of the applicant or one of
326the applicant's high-performing charter schools;
327     (IV)  The applicant has made a material misrepresentation
328or false statement or concealed an essential or material fact
329during the application process; or
330     (V)  The proposed charter school's educational program and
331financial management practices do not materially comply with the
332requirements of this section.
333
334Material noncompliance is a failure to follow requirements or a
335violation of prohibitions applicable to charter school
336applications, which failure is quantitatively or qualitatively
337significant either individually or when aggregated with other
338noncompliance. An applicant is considered to be replicating a
339high-performing charter school if the proposed school is
340substantially similar to at least one of the applicant's high-
341performing charter schools and the organization or individuals
342involved in the establishment and operation of the proposed
343school are significantly involved in the operation of replicated
344schools.
345     c.  If the sponsor denies an application submitted by a
346high-performing charter school or a high-performing charter
347school system, the sponsor must, within 10 calendar days after
348such denial, state in writing the specific reasons, based upon
349the criteria in sub-subparagraph b., supporting its denial of
350the application and must provide the letter of denial and
351supporting documentation to the applicant and to the Department
352of Education. The applicant may appeal the sponsor's denial of
353the application directly to the State Board of Education
354pursuant to sub-subparagraph (c)3.b.
355     4.  For budget projection purposes, the sponsor shall
356report to the Department of Education the approval or denial of
357a charter application within 10 calendar days after such
358approval or denial. In the event of approval, the report to the
359Department of Education shall include the final projected FTE
360for the approved charter school.
361     5.  Upon approval of a charter application, the initial
362startup shall commence with the beginning of the public school
363calendar for the district in which the charter is granted unless
364the sponsor allows a waiver of this subparagraph for good cause.
365     (c)1.  An applicant may appeal any denial of that
366applicant's application or failure to act on an application to
367the State Board of Education no later than 30 calendar days
368after receipt of the sponsor's decision or failure to act and
369shall notify the sponsor of its appeal. Any response of the
370sponsor shall be submitted to the State Board of Education
371within 30 calendar days after notification of the appeal. Upon
372receipt of notification from the State Board of Education that a
373charter school applicant is filing an appeal, the Commissioner
374of Education shall convene a meeting of the Charter School
375Appeal Commission to study and make recommendations to the State
376Board of Education regarding its pending decision about the
377appeal. The commission shall forward its recommendation to the
378state board no later than 7 calendar days prior to the date on
379which the appeal is to be heard.
380     2.  The Charter School Appeal Commission may reject an
381appeal submission for failure to comply with procedural rules
382governing the appeals process. The rejection shall describe the
383submission errors. The appellant shall have 15 calendar days
384after notice of rejection in which to resubmit an appeal that
385meets the requirements set forth in State Board of Education
386rule. An appeal submitted subsequent to such rejection is
387considered timely if the original appeal was filed within 30
388calendar days after receipt of notice of the specific reasons
389for the sponsor's denial of the charter application.
390     3.a.  The State Board of Education shall by majority vote
391accept or reject the decision of the sponsor no later than 90
392calendar days after an appeal is filed in accordance with State
393Board of Education rule. The Charter School Appeal Commission
394may reject an appeal submission for failure to comply with
395procedural rules governing the appeals process. The rejection
396shall describe the submission errors. The appellant may have up
397to 15 calendar days from notice of rejection to resubmit an
398appeal that meets requirements of State Board of Education rule.
399An application for appeal submitted subsequent to such rejection
400shall be considered timely if the original appeal was filed
401within 30 calendar days after receipt of notice of the specific
402reasons for the sponsor's denial of the charter application. The
403State Board of Education shall remand the application to the
404sponsor with its written decision that the sponsor approve or
405deny the application. The sponsor shall implement the decision
406of the State Board of Education. The decision of the State Board
407of Education is not subject to the provisions of the
408Administrative Procedure Act, chapter 120.
409     b.  If an appeal concerns an application submitted by a
410high-performing charter school identified pursuant to s.
4111002.331 or a high-performing charter school system identified
412pursuant to s. 1002.332, the State Board of Education shall
413determine whether the sponsor has shown, by clear and convincing
414evidence, that:
415     (I)  The application does not materially comply with the
416requirements in paragraph (a);
417     (II)  The charter school proposed in the application does
418not materially comply with the requirements in paragraphs
419(9)(a)-(f);
420     (III)  The proposed charter school's educational program
421does not substantially replicate that of the applicant or one of
422the applicant's high-performing charter schools;
423     (IV)  The applicant has made a material misrepresentation
424or false statement or concealed an essential or material fact
425during the application process; or
426     (V)  The proposed charter school's educational program and
427financial management practices do not materially comply with the
428requirements of this section.
429
430The State Board of Education shall approve or reject the
431sponsor's denial of an application no later than 90 calendar
432days after an appeal is filed in accordance with State Board of
433Education rule. The State Board of Education shall remand the
434application to the sponsor with its written decision that the
435sponsor approve or deny the application. The sponsor shall
436implement the decision of the State Board of Education. The
437decision of the State Board of Education is not subject to the
438Administrative Procedure Act, chapter 120.
439     (e)1.  A Charter School Appeal Commission is established to
440assist the commissioner and the State Board of Education with a
441fair and impartial review of appeals by applicants whose charter
442applications have been denied, whose charter contracts have not
443been renewed, or whose charter contracts have been terminated by
444their sponsors.
445     2.  The Charter School Appeal Commission may receive copies
446of the appeal documents forwarded to the State Board of
447Education, review the documents, gather other applicable
448information regarding the appeal, and make a written
449recommendation to the commissioner. The recommendation must
450state whether the appeal should be upheld or denied and include
451the reasons for the recommendation being offered. The
452commissioner shall forward the recommendation to the State Board
453of Education no later than 7 calendar days prior to the date on
454which the appeal is to be heard. The state board must consider
455the commission's recommendation in making its decision, but is
456not bound by the recommendation. The decision of the Charter
457School Appeal Commission is not subject to the provisions of the
458Administrative Procedure Act, chapter 120.
459     3.  The commissioner shall appoint a number of the members
460to of the Charter School Appeal Commission sufficient to ensure
461that no potential conflict of interest exists for any commission
462appeal decision. Members shall serve without compensation but
463may be reimbursed for travel and per diem expenses in
464conjunction with their service. Of the members hearing the
465appeal, one-half of the members must represent currently
466operating charter schools, and one-half of the members must
467represent sponsors. The commissioner or a named designee shall
468chair the Charter School Appeal Commission.
469     4.  The chair shall convene meetings of the commission and
470shall ensure that the written recommendations are completed and
471forwarded in a timely manner. In cases where the commission
472cannot reach a decision, the chair shall make the written
473recommendation with justification, noting that the decision was
474rendered by the chair.
475     5.  Commission members shall thoroughly review the
476materials presented to them from the appellant and the sponsor.
477The commission may request information to clarify the
478documentation presented to it. In the course of its review, the
479commission may facilitate the postponement of an appeal in those
480cases where additional time and communication may negate the
481need for a formal appeal and both parties agree, in writing, to
482postpone the appeal to the State Board of Education. A new date
483certain for the appeal shall then be set based upon the rules
484and procedures of the State Board of Education. Commission
485members shall provide a written recommendation to the state
486board as to whether the appeal should be upheld or denied. A
487fact-based justification for the recommendation must be
488included. The chair must ensure that the written recommendation
489is submitted to the State Board of Education members no later
490than 7 calendar days prior to the date on which the appeal is to
491be heard. Both parties in the case shall also be provided a copy
492of the recommendation.
493     (f)1.  The Department of Education shall provide offer or
494arrange for training and technical assistance to charter schools
495school applicants in developing and adjusting business plans and
496accounting for estimating costs and income. Training and
497technical This assistance shall also address, at a minimum,
498state and federal grant and student performance accountability
499reporting requirements and provide assistance in estimating
500startup costs, projecting enrollment, and identifying and
501applying for the types and amounts of state and federal
502financial assistance the charter school may be eligible to
503receive. The department may provide other technical assistance
504to an applicant upon written request.
505     2.  A charter school applicant must participate in the
506training provided by the Department of Education after approval
507of an application but at least 30 calendar days before the first
508day of classes at the charter school before filing an
509application. However, a sponsor may require the charter school
510applicant to attend training provided by the sponsor in lieu of
511the department's training if the sponsor's training standards
512meet or exceed the standards developed by the department of
513Education. In such case, the sponsor may not require the charter
514school applicant to attend the training within 30 calendar days
515before the first day of classes at the charter school. The
516training must shall include instruction in accurate financial
517planning and good business practices. If the applicant is a
518management company or a other nonprofit organization, the
519charter school principal and the chief financial officer or his
520or her equivalent must also participate in the training. A
521sponsor may not require a high-performing charter school or
522high-performing charter school system applicant to participate
523in the training described in this subparagraph more than once.
524     (7)  CHARTER.-The major issues involving the operation of a
525charter school shall be considered in advance and written into
526the charter. The charter shall be signed by the governing board
527body of the charter school and the sponsor, following a public
528hearing to ensure community input.
529     (a)  The charter shall address and criteria for approval of
530the charter shall be based on:
531     1.  The school's mission, the students to be served, and
532the ages and grades to be included.
533     2.  The focus of the curriculum, the instructional methods
534to be used, any distinctive instructional techniques to be
535employed, and identification and acquisition of appropriate
536technologies needed to improve educational and administrative
537performance which include a means for promoting safe, ethical,
538and appropriate uses of technology which comply with legal and
539professional standards. The charter shall ensure that reading is
540a primary focus of the curriculum and that resources are
541provided to identify and provide specialized instruction for
542students who are reading below grade level. The curriculum and
543instructional strategies for reading must be consistent with the
544Sunshine State Standards and grounded in scientifically based
545reading research.
546     3.  The current incoming baseline standard of student
547academic achievement, the outcomes to be achieved, and the
548method of measurement that will be used. The criteria listed in
549this subparagraph shall include a detailed description of:
550     a.  How the baseline student academic achievement levels
551and prior rates of academic progress will be established.
552     b.  How these baseline rates will be compared to rates of
553academic progress achieved by these same students while
554attending the charter school.
555     c.  To the extent possible, how these rates of progress
556will be evaluated and compared with rates of progress of other
557closely comparable student populations.
558
559The district school board is required to provide academic
560student performance data to charter schools for each of their
561students coming from the district school system, as well as
562rates of academic progress of comparable student populations in
563the district school system.
564     4.  The methods used to identify the educational strengths
565and needs of students and how well educational goals and
566performance standards are met by students attending the charter
567school. The methods shall provide a means for the charter school
568to ensure accountability to its constituents by analyzing
569student performance data and by evaluating the effectiveness and
570efficiency of its major educational programs. Students in
571charter schools shall, at a minimum, participate in the
572statewide assessment program created under s. 1008.22.
573     5.  In secondary charter schools, a method for determining
574that a student has satisfied the requirements for graduation in
575s. 1003.43.
576     6.  A method for resolving conflicts between the governing
577board body of the charter school and the sponsor.
578     7.  The admissions procedures and dismissal procedures,
579including the school's code of student conduct.
580     8.  The ways by which the school will achieve a
581racial/ethnic balance reflective of the community it serves or
582within the racial/ethnic range of other public schools in the
583same school district.
584     9.  The financial and administrative management of the
585school, including a reasonable demonstration of the professional
586experience or competence of those individuals or organizations
587applying to operate the charter school or those hired or
588retained to perform such professional services and the
589description of clearly delineated responsibilities and the
590policies and practices needed to effectively manage the charter
591school. A description of internal audit procedures and
592establishment of controls to ensure that financial resources are
593properly managed must be included. Both public sector and
594private sector professional experience shall be equally valid in
595such a consideration.
596     10.  The asset and liability projections required in the
597application which are incorporated into the charter and shall be
598compared with information provided in the annual report of the
599charter school.
600     11.  A description of procedures that identify various
601risks and provide for a comprehensive approach to reduce the
602impact of losses; plans to ensure the safety and security of
603students and staff; plans to identify, minimize, and protect
604others from violent or disruptive student behavior; and the
605manner in which the school will be insured, including whether or
606not the school will be required to have liability insurance,
607and, if so, the terms and conditions thereof and the amounts of
608coverage.
609     12.  The term of the charter which shall provide for
610cancellation of the charter if insufficient progress has been
611made in attaining the student achievement objectives of the
612charter and if it is not likely that such objectives can be
613achieved before expiration of the charter. The initial term of a
614charter shall be for 4 or 5 years. In order to facilitate access
615to long-term financial resources for charter school
616construction, charter schools that are operated by a
617municipality or other public entity as provided by law are
618eligible for up to a 15-year charter, subject to approval by the
619district school board. A charter lab school is eligible for a
620charter for a term of up to 15 years. In addition, to facilitate
621access to long-term financial resources for charter school
622construction, charter schools that are operated by a private,
623not-for-profit, s. 501(c)(3) status corporation are eligible for
624up to a 15-year charter, subject to approval by the district
625school board. Such long-term charters remain subject to annual
626review and may be terminated during the term of the charter, but
627only according to the provisions set forth in subsection (8).
628     13.  The facilities to be used and their location.
629     14.  The qualifications to be required of the teachers and
630the potential strategies used to recruit, hire, train, and
631retain qualified staff to achieve best value.
632     15.  The governance structure of the school, including the
633status of the charter school as a public or private employer as
634required in paragraph (12)(i).
635     16.  A timetable for implementing the charter which
636addresses the implementation of each element thereof and the
637date by which the charter shall be awarded in order to meet this
638timetable.
639     17.  In the case of an existing public school that is being
640converted to charter status, alternative arrangements for
641current students who choose not to attend the charter school and
642for current teachers who choose not to teach in the charter
643school after conversion in accordance with the existing
644collective bargaining agreement or district school board rule in
645the absence of a collective bargaining agreement. However,
646alternative arrangements shall not be required for current
647teachers who choose not to teach in a charter lab school, except
648as authorized by the employment policies of the state university
649which grants the charter to the lab school.
650     18.  Full disclosure of the identity of all relatives
651employed by the charter school who are related to the charter
652school owner, president, chairperson of the governing board of
653directors, superintendent, governing board member, principal,
654assistant principal, or any other person employed by the charter
655school who has equivalent decisionmaking authority. For the
656purpose of this subparagraph, the term "relative" means father,
657mother, son, daughter, brother, sister, uncle, aunt, first
658cousin, nephew, niece, husband, wife, father-in-law, mother-in-
659law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
660stepfather, stepmother, stepson, stepdaughter, stepbrother,
661stepsister, half brother, or half sister.
662     19.  Implementation of the activities authorized under s.
6631002.331 by the charter school when it satisfies the eligibility
664requirements for a high-performing charter school. A high-
665performing charter school shall notify its sponsor in writing by
666March 1 if it intends to increase enrollment or expand grade
667levels the following school year. The written notice shall
668specify the amount of the enrollment increase and the grade
669levels that will be added, as applicable.
670     (b)1.  A charter may be renewed provided that a program
671review demonstrates that the criteria in paragraph (a) have been
672successfully accomplished and that none of the grounds for
673nonrenewal established by paragraph (8)(a) has been documented.
674In order to facilitate long-term financing for charter school
675construction, charter schools operating for a minimum of 3 years
676and demonstrating exemplary academic programming and fiscal
677management are eligible for a 15-year charter renewal. Such
678long-term charter is subject to annual review and may be
679terminated during the term of the charter.
680     2.  The 15-year charter renewal that may be granted
681pursuant to subparagraph 1. shall be granted to a charter school
682that has received a school grade of "A" or "B" pursuant to s.
6831008.34 in 3 of the past 4 years and is not in a state of
684financial emergency or deficit position as defined by this
685section. Such long-term charter is subject to annual review and
686may be terminated during the term of the charter pursuant to
687subsection (8).
688     (c)  A charter may be modified during its initial term or
689any renewal term upon the recommendation of the sponsor or the
690charter school's school governing board and the approval of both
691parties to the agreement.
692     (d)1.  Each charter school's governing board must appoint a
693representative to facilitate parental involvement, provide
694access to information, assist parents and others with questions
695and concerns, and resolve disputes. The representative must
696reside in the school district in which the charter school is
697located and may be a governing board member, charter school
698employee, or individual contracted to represent the governing
699board. If the governing board oversees multiple charter schools
700in the same school district, a single representative may be
701appointed to serve all such schools. The representative's
702contact information must be provided annually in writing to
703parents and posted prominently on the charter school's website
704if a website is maintained by the school. The sponsor may not
705require that governing board members reside in the school
706district in which the charter school is located if the charter
707school complies with this paragraph.
708     2.  Each charter school's governing board must hold at
709least two public meetings per school year in the school
710district. The meetings must be noticed, open, and accessible to
711the public, and attendees must be provided an opportunity to
712receive information and provide input regarding the charter
713school's operations. The appointed representative and charter
714school principal or director, or his or her equivalent, must be
715physically present at each meeting.
716     (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-
717     (b)  At least 90 days prior to renewing or terminating a
718charter, the sponsor shall notify the governing board body of
719the school of the proposed action in writing. The notice shall
720state in reasonable detail the grounds for the proposed action
721and stipulate that the school's governing board body may, within
72214 calendar days after receiving the notice, request a an
723informal hearing. The hearing shall be conducted at the
724sponsor's election in accordance with one of the following
725procedures:
726     1.  A direct hearing conducted by the sponsor within 60
727days after receipt of the request for a hearing. The hearing
728shall be conducted in accordance with ss. 120.569 and 120.57.
729The sponsor shall decide upon nonrenewal or termination by a
730majority vote. The sponsor's decision shall be a final order; or
731     2.  A hearing conducted by an administrative law judge
732assigned by the Division of Administrative Hearings. The hearing
733shall be conducted within 60 days after receipt of the request
734for a hearing and in accordance with chapter 120. The
735administrative law judge's recommended order shall be submitted
736to the sponsor. A majority vote by the sponsor shall be required
737to adopt or modify the administrative law judge's recommended
738order. The sponsor shall issue a final order before the sponsor.
739The sponsor shall conduct the informal hearing within 30
740calendar days after receiving a written request.
741     (c)  The final order shall state the specific reasons for
742the sponsor's decision. The sponsor shall provide its final
743order to the charter school's governing board and the Department
744of Education no later than 10 calendar days after its issuance.
745If a charter is not renewed or is terminated pursuant to
746paragraph (b), the sponsor shall, within 10 calendar days,
747articulate in writing the specific reasons for its nonrenewal or
748termination of the charter and must provide the letter of
749nonrenewal or termination and documentation supporting the
750reasons to the charter school governing body, the charter school
751principal, and the Department of Education. The charter school's
752governing board body may, within 30 calendar days after
753receiving the sponsor's final order written decision to refuse
754to renew or to terminate the charter, appeal the decision
755pursuant to s. 120.68 the procedure established in subsection
756(6).
757     (d)  A charter may be terminated immediately if the sponsor
758sets forth in writing the particular facts and circumstances
759indicating that an immediate and serious danger to determines
760that good cause has been shown or if the health, safety, or
761welfare of the charter school's students exists is threatened.
762The sponsor's determination is not subject to the procedures set
763forth in paragraphs an informal hearing under paragraph (b) and
764(c), except that the hearing may take place after the charter
765has been terminated or pursuant to chapter 120. The sponsor
766shall notify in writing the charter school's governing board
767body, the charter school principal, and the department if a
768charter is immediately terminated immediately. The sponsor shall
769clearly identify the specific issues that resulted in the
770immediate termination and provide evidence of prior notification
771of issues resulting in the immediate termination when
772appropriate. Upon receiving written notice from the sponsor, the
773charter school's governing board has 10 calendar days to request
774a hearing. A requested hearing must be expedited and the final
775order must be issued within 60 days after the date of request.
776The sponsor shall assume operation of the charter school
777throughout the pendency of the hearing under paragraphs (b) and
778(c) unless the continued operation of the charter school would
779materially threaten the health, safety, or welfare of the
780students. Failure by the sponsor to assume and continue
781operation of the charter school shall result in the awarding of
782reasonable costs and attorney's fees to the charter school if
783the charter school prevails on appeal. The school district in
784which the charter school is located shall assume operation of
785the school under these circumstances. The charter school's
786governing board may, within 30 days after receiving the
787sponsor's decision to terminate the charter, appeal the decision
788pursuant to the procedure established in subsection (6).
789     (9)  CHARTER SCHOOL REQUIREMENTS.-
790     (g)  In order to provide financial information that is
791comparable to that reported for other public schools, charter
792schools are to maintain all financial records that constitute
793their accounting system:
794     1.  In accordance with the accounts and codes prescribed in
795the most recent issuance of the publication titled "Financial
796and Program Cost Accounting and Reporting for Florida Schools";
797or
798     2.  At the discretion of the charter school's school
799governing board, a charter school may elect to follow generally
800accepted accounting standards for not-for-profit organizations,
801but must reformat this information for reporting according to
802this paragraph.
803
804Charter schools shall provide annual financial report and
805program cost report information in the state-required formats
806for inclusion in district reporting in compliance with s.
8071011.60(1). Charter schools that are operated by a municipality
808or are a component unit of a parent nonprofit organization may
809use the accounting system of the municipality or the parent but
810must reformat this information for reporting according to this
811paragraph. A charter school shall provide a monthly financial
812statement to the sponsor unless the charter school is designated
813as a high-performing charter school pursuant to s. 1002.331, in
814which case the high-performing charter school may provide a
815quarterly financial statement. The monthly financial statement
816required under this paragraph shall be in a form prescribed by
817the Department of Education.
818     (10)  ELIGIBLE STUDENTS.-
819     (d)  A charter school may give enrollment preference to the
820following student populations:
821     1.  Students who are siblings of a student enrolled in the
822charter school.
823     2.  Students who are the children of a member of the
824governing board of the charter school.
825     3.  Students who are the children of an employee of the
826charter school.
827     4.  Students who are the children of:
828     a.  An employee of the business partner of a charter
829school-in-the-workplace established under paragraph (15)(b) or a
830resident of the municipality in which such charter school is
831located; or
832     b.  A resident of a municipality that operates a charter
833school-in-a-municipality pursuant to paragraph (15)(c).
834     5.  Students who have successfully completed a voluntary
835prekindergarten education program under ss. 1002.51-1002.79
836provided by the charter school or the charter school's governing
837board during the previous year.
838     6.  Students who are the children of an active-duty member
839of any branch of the United States Armed Forces.
840     (h)  The capacity of the charter school shall be determined
841annually by the governing board, in conjunction with the
842sponsor, of the charter school in consideration of the factors
843identified in this subsection unless the charter school is
844designated as a high-performing charter school pursuant to s.
8451002.331. A sponsor may not require a charter school to waive
846the provisions of s. 1002.331 or require a student enrollment
847cap that prohibits a high-performing charter school from
848increasing enrollment in accordance with s. 1002.331(2) as a
849condition of approval or renewal of a charter.
850     (i)  The capacity of a high-performing charter school
851identified pursuant to s. 1002.331 shall be determined annually
852by the governing board of the charter school. The governing
853board shall notify the sponsor of any increase in enrollment by
854March 1 of the school year preceding the increase.
855     (16)  EXEMPTION FROM STATUTES AND ORDINANCES.-
856     (c)  A local government may not impose any ordinance,
857resolution, or regulation, including a stipulation to a
858development order as defined in s. 163.3164, upon a charter
859school that is not imposed upon all public schools within the
860local government's jurisdiction.
861     (19)  CAPITAL OUTLAY FUNDING.-Charter schools are eligible
862for capital outlay funds pursuant to s. 1013.62. Capital outlay
863funds authorized in ss. s. 1011.71(2) and 1013.62 that have been
864shared with a charter school-in-the-workplace prior to July 1,
8652010, are deemed to have met the authorized expenditure
866requirements for such funds.
867     (25)  STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.-
868     (b)  A member of a governing board of a charter school
869operated by a municipality or other public entity is subject to
870s. 112.3145 112.3144, which relates to the disclosure of
871financial interests.
872     (26)  FACILITIES SHARED BY CHARTER SCHOOLS.-
873     (a)  A charter school may not transfer an enrolled student
874to another charter school having a separate Master School
875Identification Number without first obtaining the written
876approval of the student's parent.
877     (b)  If a charter school moves out of a facility that is
878shared with another charter school having a separate Master
879School Identification Number, the charter school must provide
880for an audit of all equipment, educational materials and
881supplies, curriculum materials, and other items purchased or
882developed with federal charter school program grant funds, and
883such items must be transferred to the charter school's new
884location. The audit report must be submitted to the Department
885of Education within 60 days after completion.
886     (27)  LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
887SCHOOL SYSTEMS.-A charter school system shall be designated a
888local educational agency solely for the purpose of receiving
889federal funds, in the same manner as if the charter school
890system were a school district, if the governing board of the
891charter school system has adopted and filed a resolution with
892its sponsoring district school board and the Department of
893Education in which the governing board accepts full
894responsibility for all local educational agency requirements and
895if the charter school system meets all of the following:
896     (a)  Includes both conversion charter schools and
897nonconversion charter schools;
898     (b)  Has all schools located in the same county;
899     (c)  Has a total enrollment exceeding the total enrollment
900of at least one school district in the state;
901     (d)  Has the same governing board; and
902     (e)  Does not contract with a for-profit service provider
903for management of school operations.
904
905Such designation does not apply to other provisions of law
906unless specifically provided by law.
907     Section 4.  (1)  For the 2011-2012 fiscal year, the
908Department of Education shall:
909     (a)  Identify the school districts that distribute funds or
910provide facilities, renovation, or new construction with funds
911generated by the capital improvement millage authorized under s.
9121011.71(2), Florida Statutes, to charter schools and the use of
913such funds by the charter schools.
914     (b)  Examine the costs associated with supervising charter
915schools and determine whether the 5-percent administrative fee
916for administrative and educational services for charter schools
917covers the costs associated with the provision of the services.
918     (c)  Examine the distribution of federal education funding
919to eligible students who are enrolled in charter schools,
920including, without limitation, funding provided under Title I of
921the Elementary and Secondary Education Act and the Individuals
922with Disabilities Education Act.
923     (d)  Examine the impacts of removing the discretion given
924to school districts regarding the distribution of capital
925improvement millage authorized under s. 1011.71(2), Florida
926Statutes, to charter schools-in-a-municipality as set forth in
927s. 1002.33(15)(c), Florida Statutes.
928     (2)  The Department of Education shall report its findings
929to the Governor, the President of the Senate, and the Speaker of
930the House of Representatives no later than January 1, 2012.
931     Section 5.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.