Senate Bill 2434c1
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Florida Senate - 1999 CS for SB 2434
By the Committee on Education and Senators Kirkpatrick, Horne
and King
304-2099-99
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 228.056, F.S.; providing a date for district
4 school boards to receive charter school
5 applications; providing for a Charter School
6 Review Panel; providing membership; providing
7 purpose and duties; providing for interdistrict
8 transfer to a charter school under certain
9 circumstances; authorizing municipal-sponsored
10 charter schools to give enrollment preference
11 to students residing within the limits of the
12 sponsoring municipality; authorizing charter
13 schools to be sponsored by municipalities or
14 other public entities; providing information to
15 be included in the charter of a charter school;
16 providing for 15-year charters under specified
17 circumstances; authorizing charter school
18 governing boards to employ or contract with
19 skilled selected noncertified personnel as
20 provided in ch. 231, F.S., and as provided by
21 rule of the State Board of Education;
22 prohibiting a charter school from hiring
23 certain persons who have resigned or have been
24 dismissed for good cause; prescribing time
25 limits for charter schools to receive federal
26 funds; amending s. 228.057, F.S.; requiring
27 school districts to report the number of
28 students attending the various types of public
29 schools according to the rules of the State
30 Board of Education; amending s. 228.0561, F.S.;
31 removing references to the Public Education
1
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1 Capital Outlay and Debt Service Trust Fund;
2 providing for the reversion of unencumbered
3 funds and property to the district school board
4 if the charter school terminates operations;
5 revising requirements relating to charter
6 school use of capital outlay funds; revising
7 eligibility requirements for charter school
8 receipt of capital outlay funds; removing
9 obsolete provisions; amending s. 235.42, F.S.,
10 relating to educational and ancillary plant
11 construction funds; removing a reference to
12 charter schools; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (a) of subsection (4), paragraphs
17 (a) and (c) of subsection (6), subsection (7), paragraphs (a)
18 and (b) of subsection (9), paragraph (f) of subsection (12),
19 and paragraph (d) of subsection (13) of section 228.056,
20 Florida Statutes, 1998 Supplement, are amended, and paragraph
21 (i) is added to subsection (4) of that section, to read:
22 228.056 Charter schools.--
23 (4) SPONSOR.--A district school board may sponsor a
24 charter school in the county over which the board has
25 jurisdiction.
26 (a) A district school board shall receive and review
27 all applications for a charter school. A district school board
28 shall receive charter school applications through at least
29 November 15 February 1 of each calendar year for charter
30 schools to be opened at the beginning of the school district's
31 next school year. A district school board may receive
2
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1 applications later than this date if it chooses. In order to
2 facilitate an accurate budget projection process, a district
3 school board shall be held harmless for FTE students which are
4 not included in the FTE projection due to approval of charter
5 school applications after the FTE projection deadline. A
6 district school board must by a majority vote approve or deny
7 an application no later than 60 days after the application is
8 received. If an application is denied, the district school
9 board must, within 10 calendar days, articulate in writing the
10 specific reasons based upon good cause supporting its denial
11 of the charter application. Upon approval of a charter
12 application, the initial startup must be consistent with the
13 beginning of the public school calendar for the district in
14 which the charter is granted unless the district school board
15 allows a waiver of this provision for good cause.
16 (i) The Department of Education shall regularly
17 convene a Charter School Review Panel in order to review
18 issues, practices, and policies regarding charter schools. The
19 composition of the review panel shall include individuals with
20 experience in finance, administration, law, education and
21 school governance, and individuals familiar with charter
22 school construction and operation. The panel shall include two
23 appointees each from the Commissioner of Education, the
24 President of the Senate, and the Speaker of the House of
25 Representatives. The Governor shall appoint three members of
26 the panel, and shall designate the Chair. Each member of the
27 panel shall serve 1-year terms, unless renewed by the office
28 making their appointment. The panel shall make recommendations
29 to the Legislature, to the Department of Education, to charter
30 schools, and to school districts for improving charter school
31 operations and oversight and for ensuring best business
3
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1 practices at and fair business relationships with charter
2 schools.
3 (6) ELIGIBLE STUDENTS.--
4 (a) A charter school shall be open to any student
5 covered in an interdistrict agreement or residing in the
6 school district in which the charter school is located. Any
7 eligible student shall be allowed interdistrict transfer to
8 attend a charter school when based on good cause. When a
9 public school converts to charter status, enrollment
10 preference shall be given to students who would have otherwise
11 attended that public school. A charter school may give
12 enrollment preference to a sibling of a student enrolled in
13 the charter school or to the child of an employee of the
14 charter school.
15 (c) A charter school may limit the enrollment process
16 only to target the following student populations:
17 1. Students within specific age groups or grade
18 levels.
19 2. Students considered at risk of dropping out of
20 school or academic failure. Such students shall include
21 exceptional education students.
22 3. Students enrolling in a charter
23 school-in-the-workplace established pursuant to subsection
24 (22).
25 4. Students residing within a reasonable distance of
26 the charter school, as described in paragraph (13)(c).
27 Municipal-sponsored charter schools may give enrollment
28 preference to students residing within the city limits of the
29 sponsoring municipality. Such students shall be subject to a
30 random lottery and to the racial/ethnic balance provisions
31 described in subparagraph (9)(a)8. or any federal provisions
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1 which require a school to achieve a racial/ethnic balance
2 reflective of the community it serves or within the
3 racial/ethnic range of other public schools in the same school
4 district.
5 (7) LEGAL ENTITY.--A charter school shall organize as,
6 or be operated by, a nonprofit organization. A charter school
7 may be operated or sponsored by a municipality or other public
8 entity as provided for by law. As such, the charter school may
9 be either a private or a public employer. As a public
10 employer, a charter school may participate in the Florida
11 Retirement System upon application and approval as a "covered
12 group" under s. 121.021(34). If a charter school participates
13 in the Florida Retirement System, the charter school employees
14 shall be compulsory members of the Florida Retirement System.
15 As either a private or a public employer, a charter school may
16 contract for services with an individual or group of
17 individuals who are organized as a partnership or a
18 cooperative. Individuals or groups of individuals who contract
19 their services to the charter school are not public employees.
20 (9) CHARTER.--The major issues involving the operation
21 of a charter school shall be considered in advance and written
22 into the charter. The charter shall be signed by the governing
23 body of the charter school and the sponsor, following a public
24 hearing to ensure community input.
25 (a) The charter shall address, and criteria for
26 approval of the charter shall be based on:
27 1. The school's mission, the students to be served,
28 and the ages and grades to be included.
29 2. The focus of the curriculum, the instructional
30 methods to be used, and any distinctive instructional
31 techniques to be employed.
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1 3. The current incoming baseline standard of student
2 academic achievement, and the outcomes to be achieved, and the
3 method of measurement that will be used. This section shall
4 include a detailed description for each of the following:
5 a. How the baseline student academic achievement
6 levels and prior rates of academic progress will be
7 established;
8 b. How these baseline rates will be compared to rates
9 of academic progress achieved by these same students while
10 attending the charter school; and
11 c. To the extent possible, how these rates of progress
12 will be evaluated and compared with rates of progress of other
13 closely comparable student populations.
14 4. The methods used to identify the educational
15 strengths and needs of students and how well educational goals
16 and performance standards are met by students attending the
17 charter school. Students in charter schools shall, at a
18 minimum, participate in the statewide assessment program.
19 5. In secondary charter schools, a method for
20 determining that a student has satisfied the requirements for
21 graduation in s. 232.246.
22 6. A method for resolving conflicts between the
23 governing body of the charter school and the sponsor.
24 7. The admissions procedures and dismissal procedures,
25 including the school's code of student conduct.
26 8. The ways by which the school will achieve a
27 racial/ethnic balance reflective of the community it serves or
28 within the racial/ethnic range of other public schools in the
29 same school district.
30 9. The financial and administrative management of the
31 school, including a reasonable demonstration of the
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1 professional experience or competence of those individuals or
2 organizations applying to operate the charter school or those
3 hired or retained to perform such professional services. Both
4 public sector and private sector professional experience shall
5 be equally valid in such a consideration.
6 10. The manner in which the school will be insured,
7 including whether or not the school will be required to have
8 liability insurance, and, if so, the terms and conditions
9 thereof and the amounts of coverage.
10 11. The term of the charter which shall provide for
11 cancellation of the charter if insufficient progress has been
12 made in attaining the student achievement objectives of the
13 charter and if it is not likely that such objectives can be
14 achieved before expiration of the charter. The initial term of
15 a charter shall be for 3, 4, or 5 years. In order to
16 facilitate access to long-term financial resources for charter
17 school construction, charter schools that are operated by a
18 municipality of other public entity as provided by law are
19 eligible for up to a 15-year charter, subject to approval by
20 the local school board. Such long-term charters remain subject
21 to annual review and may be terminated during the term of the
22 charter, but only for specific good cause according to the
23 provisions set forth in subsection (10). Whenever a
24 municipality has submitted charter applications for the
25 establishment of a charter school feeder pattern (elementary,
26 middle, and senior high schools), and upon approval of each
27 individual charter application by the district school board,
28 such applications will then be designated one charter for all
29 purposes listed pursuant to this section.
30 12. The facilities to be used and their location.
31 13. The qualifications to be required of the teachers.
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1 14. The governance structure of the school, including
2 the status of the charter school as a public or private
3 employer as required in subsection (7).
4 15. A timetable for implementing the charter which
5 addresses the implementation of each element thereof and the
6 date by which the charter shall be awarded in order to meet
7 this timetable.
8 16. In the case of an existing public school being
9 converted to charter status, alternative arrangements for
10 current students who choose not to attend the charter school
11 and for current teachers who choose not to teach in the
12 charter school after conversion in accordance with the
13 existing collective bargaining agreement or school board
14 policy in the absence of a collective bargaining agreement.
15 (b) A charter may be renewed every 5 school years,
16 provided that a program review demonstrates that the criteria
17 in paragraph (a) have been successfully accomplished. In order
18 to facilitate long-term financing for charter school
19 construction, charter schools operating a minimum of 3 years
20 and demonstrating exemplary academic programming and fiscal
21 management are eligible for a 15-year charter renewal. Such
22 long-term charter is subject to annual review and may be
23 terminated during the term of the charter.
24 (f) Teachers employed by or under contract to a
25 charter school shall be certified as required by chapter 231.
26 A charter school governing board may employ or contract with
27 skilled selected noncertified personnel to provide
28 instructional services or to assist instructional staff
29 members as education paraprofessionals in the same manner as
30 defined in chapter 231, and as provided by State Board of
31 Education rule for charter school governing boards. A charter
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1 school may not employ an individual to provide instructional
2 services or to serve as an education paraprofessional if the
3 individual's certification or licensure as an educator is
4 suspended or revoked by this or any other state. A charter
5 school may not knowingly employ an individual who has resigned
6 from a school district in lieu of disciplinary action or who
7 has been dismissed for just cause by any school district.
8 The qualifications of teachers shall be disclosed to parents.
9 (13) REVENUE.--Students enrolled in a charter school,
10 regardless of the sponsorship, shall be funded as if they are
11 in a basic program or a special program, the same as students
12 enrolled in other public schools in the school district.
13 Funding for a chartered developmental research school shall be
14 as provided in s. 228.053(9).
15 (d) If the district school board is providing programs
16 or services to students funded by federal funds, any eligible
17 students enrolled in charter schools in the school district
18 shall be provided federal funds for the same level of service
19 provided students in the schools operated by the district
20 school board. Pursuant to provisions of 20 U.S.C. 8061 section
21 10306, all charter schools shall receive all federal funding
22 for which the school is otherwise eligible, including Title I
23 funding, not later than 5 months after the charter school
24 first opens and within 5 months of any subsequent expansion of
25 enrollment, notwithstanding the fact that the identity and
26 characteristics of the students enrolling in charter schools
27 are not fully and completely determined until that school
28 actually opens.
29 Section 2. Subsection (9) is added to section 228.057,
30 Florida Statutes, to read:
31 228.057 Public school parental choice.--
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1 (9) Each school district shall annually report the
2 number of students applying for and attending the various
3 types of public schools of choice in the district, including
4 schools such as magnet schools and public charter schools,
5 according to rules adopted by the State Board of Education.
6 Section 3. Subsections (1), (2), (5), and (6) of
7 section 228.0561, Florida Statutes, 1998 Supplement, are
8 amended to read:
9 228.0561 Charter schools capital outlay funding.--
10 (1) In each year in which funds are appropriated for
11 charter school capital outlay purposes from the Public
12 Education Capital Outlay and Debt Service Trust Fund for
13 charter schools, the Commissioner of Education shall allocate
14 the funds among eligible charter schools. To be eligible for
15 a funding allocation, a charter school must meet the
16 provisions of subsection (6), must have received final
17 approval from its sponsor pursuant to s. 228.056 for operation
18 during that fiscal year, and must serve students in facilities
19 that are not provided by the charter school's sponsor. Prior
20 to the release of capital outlay funds to a school district on
21 behalf of the charter school, the Department of Education
22 shall ensure that the district school board and the charter
23 school governing board enter into a written agreement that
24 includes provisions for the reversion of any unencumbered
25 funds and all equipment and property purchased with public
26 education funds to the ownership of the district school board,
27 as provided for in subsection (3) attaching a lien to property
28 that has been improved through the use of these funds, in the
29 event that the school terminates operations. Any funds
30 recovered by the state shall be deposited in the General
31 Revenue Fund Public Education Capital Outlay and Debt Service
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1 Trust Fund. A charter school is not eligible for a funding
2 allocation if it was created by the conversion of a public
3 school and operates in facilities provided by the charter
4 school's sponsor for a nominal fee or at no charge. Unless
5 otherwise provided in the General Appropriations Act, the
6 funding allocation for each eligible charter school shall be
7 determined by multiplying the school's projected student
8 enrollment by one-thirtieth of the cost-per-student station
9 specified in s. 235.435(6)(b) for an elementary, middle, or
10 high school, as appropriate. If the funds appropriated are
11 not sufficient, the commissioner shall prorate the available
12 funds among eligible charter schools. In the first quarter of
13 the fiscal year, funds shall be distributed on the basis of
14 projected enrollment as provided in this section. The
15 commissioner shall adjust subsequent distributions as
16 necessary to reflect each charter school's actual student
17 enrollment. The commissioner shall establish the intervals
18 and procedures for determining the projected and actual
19 student enrollment of eligible charter schools. If a school
20 district chooses to share funding for the capital outlay
21 purposes described in subsection (2) with the applicable
22 charter school or charter schools, any allocation of charter
23 school capital outlay funds from the Public Education Capital
24 Outlay and Debt Service Trust Fund allocation to the charter
25 school or charter schools shall be reduced by the amount
26 shared.
27 (2) A charter school's governing body may use charter
28 school capital outlay funds with the school board's permission
29 may use funds from the Public Education Capital Outlay and
30 Debt Service Trust Fund for any capital outlay purpose that is
31
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1 directly related to the functioning of the charter school,
2 including the:
3 (a) Purchase of real property.
4 (b) Construction, renovation, repair, and maintenance
5 of school facilities.
6 (c) Purchase, lease-purchase, or lease of permanent or
7 relocatable school facilities.
8 (d) Purchase of vehicles to transport students to and
9 from the charter school.
10 (5) The annual legislative budget request of the
11 Department of Education shall include a request for capital
12 outlay funding for charter schools from the Public Education
13 Capital Outlay and Debt Service Trust Fund. The request shall
14 be based on the projected number of students to be served in
15 charter schools who meet the eligibility requirements of this
16 section.
17 (6)(a) Effective July 1, 1998, any charter school
18 which has been in continuous operation in the district in
19 which its charter was approved for at least two school years
20 immediately preceding the school year in which the school
21 seeks an appropriation from the Public Education Capital
22 Outlay and Debt Service Trust Fund shall be eligible to
23 receive funds from that trust fund. No other charter schools
24 are eligible to receive funds from the Public Education
25 Capital Outlay and Debt Service Trust Fund.
26 (b) Unless authorized otherwise by the Legislature,
27 allocation and proration of charter schools capital outlay
28 funds from the Public Education Capital Outlay and Debt
29 Service Trust Fund shall be made to eligible charter schools
30 by the Commissioner of Education in an amount and in a manner
31 authorized by subsection (1), and only schools eligible for
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1 such funds in this subsection shall be considered "eligible
2 charter schools" for such an allocation or proration.
3 (c) There is appropriated from the Public Education
4 Capital Outlay and Debt Service Trust Fund in fiscal year
5 1998-1999 the amount of $5 million to be used for capital
6 outlay purposes of charter schools eligible under this
7 subsection and allocated or prorated in an amount and in a
8 manner authorized by this subsection. This paragraph shall be
9 repealed July 1, 1999.
10 Section 4. Subsection (7) of section 235.42, Florida
11 Statutes, 1998 Supplement, is amended to read:
12 235.42 Educational and ancillary plant construction
13 funds; Public Education Capital Outlay and Debt Service Trust
14 Fund; allocation of funds.--
15 (7) Boards and entities authorized to participate in
16 the trust fund are district school boards, the community
17 college district boards of trustees, the Trustees of the
18 Florida School for the Deaf and the Blind, the Board of
19 Regents, charter schools only if eligible pursuant to s.
20 228.0561(6), and other units of the state system of public
21 education, and other educational entities defined in s.
22 228.041 for which funds are authorized by the Legislature.
23 Section 5. This act shall take effect July 1, 1999.
24
25 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
26 SB 2434
27
28 The committee substitute revises capital outlay funding for
charter school purposes and related eligibility criteria;
29 deletes provisions of ss. 228.0561 and 235.42, F.S. that
permitted the use or sharing of funds from the Public
30 Education Capital Outlay and Debt Service Trust Fund (PECO)
for charter school capital outlay purposes; and repeals
31 obsolete language regarding an appropriation from the PECO
Trust Fund for charter schools.
13