House Bill 2087er
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  1
  2         An act relating to charter schools; creating s.
  3         196.1983, F.S.; providing an exemption from ad
  4         valorem taxes for facilities used to house
  5         charter schools; amending s. 196.29, F.S.;
  6         providing for the cancellation of certain taxes
  7         on real property acquired by a charter school
  8         governing board; amending s. 228.056, F.S.;
  9         revising who is authorized to submit an
10         application to convert an existing public
11         school to a charter school; prohibiting
12         unlawful reprisals against district school
13         board employees as a result of direct or
14         indirect involvement in an application to
15         establish a charter school; establishing
16         procedures for reviewing and deciding alleged
17         unlawful reprisals; revising the date by which
18         charter school applications must be submitted
19         to the district school board; providing an
20         appeal process for failure of a district school
21         board to act on a charter school application;
22         requiring district school boards to provide
23         certain information relating to charter schools
24         to the Department of Education; clarifying the
25         timeframe for charter school approval or
26         denial; requiring the award of reasonable
27         attorney fees and costs incurred to the
28         prevailing party in a charter school dispute;
29         exempting conversion charter schools from being
30         counted toward the number of charter schools in
31         the district for purposes of a limit;
                                  1
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  1         authorizing district school boards or charter
  2         school applicants to request an increase of the
  3         limit on the number of charter schools in the
  4         district; providing student eligibility
  5         requirements for charter schools established by
  6         developmental research schools; authorizing
  7         enrollment preference to be given to the child
  8         of a member of the governing board of a charter
  9         school; authorizing a developmental research
10         school to which a charter has been issued to
11         charge a student activity and service fee;
12         requiring a charter school to comply with
13         certain cost accounting and reporting
14         requirements; establishing the term of a
15         charter issued to a developmental research
16         school; providing an exception to a requirement
17         for alternative arrangements for teachers who
18         choose not to teach in a developmental research
19         school to which a charter has been issued;
20         clarifying that a charter may not be renewed if
21         grounds for nonrenewal have been documented;
22         revising eligibility requirements for a 15-year
23         charter renewal; requiring the recommendation
24         of the charter school governing board for
25         modification of a charter; specifying that
26         reversion of ownership of charter school
27         property is subject to satisfaction of any
28         lawful liens or encumbrances; revising
29         exemptions from statutes to specify certain
30         statutes that charter schools must comply with;
31         deleting the requirement that members of the
                                  2
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  1         governing board of a charter school be
  2         fingerprinted prior to approval of the charter;
  3         providing notice of a tax exemption; requiring
  4         facilities used as charter schools to be in
  5         compliance with certain safety requirements;
  6         clarifying and conforming terminology;
  7         requiring the Legislature to review the
  8         operation of charter schools during the 2005
  9         Regular Session of the Legislature; amending s.
10         228.0561, F.S.; revising the calculation for
11         the funding allocation for charter school
12         capital outlay; providing requirements for the
13         distribution of such funds; deleting provisions
14         relating to the sharing of funds for capital
15         outlay purposes; providing for the reversion of
16         property and funds of a developmental research
17         charter school upon nonrenewal or termination;
18         specifying that the reversion of charter school
19         property is subject to the satisfaction of all
20         lawful liens or encumbrances; creating s.
21         228.0581, F.S.; establishing a statewide
22         conversion charter school pilot program;
23         providing intent and purpose; providing for
24         application for participation in the pilot
25         program by school principals, parents,
26         teachers, or school advisory council members;
27         prohibiting unlawful reprisals as a result of
28         applying to participate in the pilot program;
29         providing procedures for reviewing and deciding
30         alleged unlawful reprisals; providing
31         requirements for district school boards;
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  1         establishing a program selection panel and
  2         providing membership and duties; authorizing
  3         grants to participating districts and
  4         reductions in funding for violations of
  5         requirements; requiring annual progress
  6         reports; amending s. 236.0817, F.S.; clarifying
  7         eligibility for categorical funding for
  8         developmental research schools to which a
  9         charter has been issued; amending s. 236.053,
10         F.S.; providing requirements relating to
11         charters issued to developmental research
12         schools; clarifying provisions relating to
13         funding; deleting obsolete language; providing
14         additional funds for developmental research
15         schools to which a charter has been issued;
16         amending s. 228.505, F.S.; establishing
17         provisions relating to the governance of a
18         charter technical career center; providing an
19         effective date.
20
21  Be It Enacted by the Legislature of the State of Florida:
22
23         Section 1.  Section 196.1983, Florida Statutes, is
24  created to read:
25         196.1983  Charter school exemption from ad valorem
26  taxes.--Any facility, or portion thereof, used to house a
27  charter school whose charter has been approved by the sponsor
28  and the governing board pursuant to s. 228.056(9) shall be
29  exempt from ad valorem taxes. For leasehold properties, the
30  landlord must certify by affidavit to the charter school that
31  the lease payments shall be reduced to the extent of the
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  1  exemption received.  The owner of the property shall disclose
  2  to a charter school the full amount of the benefit derived
  3  from the exemption and the method for ensuring that the
  4  charter school receives such benefit.  The charter school
  5  shall receive the full benefit derived from the exemption
  6  through either an annual or monthly credit to the charter
  7  school's lease payments.
  8         Section 2.  Section 196.29, Florida Statutes, is
  9  amended to read:
10         196.29  Cancellation of certain taxes on real property
11  acquired by a county, school board, charter school governing
12  board, or community college district board of
13  trustees.--Whenever any county, school board, charter school
14  governing board, or community college district board of
15  trustees of this state has heretofore acquired, or shall
16  hereafter acquire, title to any real property, the taxes of
17  all political subdivisions, as defined in s. 1.01, upon such
18  property for the year in which title to such property was
19  acquired, or shall hereafter be acquired, shall be that
20  portion of the taxes levied or accrued against such property
21  for such year which the portion of such year which has expired
22  at the date of such acquisition bears to the entire year, and
23  the remainder of such taxes for such year shall stand
24  canceled.
25         Section 3.  Section 228.056, Florida Statutes, is
26  amended to read:
27         228.056  Charter schools.--
28         (1)  AUTHORIZATION.--The creation of charter schools is
29  hereby authorized.  Charter schools shall be part of the
30  state's program of public education. All charter schools in
31  Florida are fully recognized as public schools. A charter
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  1  school may be formed by creating a new school or converting an
  2  existing public school to charter status.
  3         (2)  PURPOSE.--The purpose of charter schools shall be
  4  to:
  5         (a)  Improve student learning.
  6         (b)  Increase learning opportunities for all students,
  7  with special emphasis on expanded learning experiences for
  8  students who are identified as academically low achieving.
  9         (c)  Encourage the use of different and innovative
10  learning methods.
11         (d)  Increase choice of learning opportunities for
12  students.
13         (e)  Establish a new form of accountability for
14  schools.
15         (f)  Require the measurement of learning outcomes and
16  create innovative measurement tools.
17         (g)  Make the school the unit for improvement.
18         (h)  Create new professional opportunities for
19  teachers, including the opportunity to own the learning
20  program at the school site.
21         (3)  APPLICATION; UNLAWFUL REPRISAL PROPOSAL.--
22         (a)  An application A proposal for a new charter school
23  may be made by an individual, teachers, parents, a group of
24  individuals, a municipality, or a legal entity organized under
25  the laws of this state. The district school board or the
26  principal, teachers, parents, and/or the school advisory
27  council at an existing public school, including a public
28  school-within-a-school that is designated as a school by the
29  district school board, shall submit any application proposal
30  for converting the school to a charter school. An application
31  submitted proposing to convert an existing public school to a
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  1  charter school shall demonstrate the support of at least 50
  2  percent of the teachers employed at the school and 50 percent
  3  of the parents voting whose children are enrolled at the
  4  school, provided that a majority of the parents eligible to
  5  vote participate in the ballot process, according to
  6  procedures established by rules of the state board. A private
  7  school, parochial school, or home education program shall not
  8  be eligible for charter school status.
  9         (b)  No district school board, or district school board
10  employee who has control over personnel actions, shall take
11  unlawful reprisal against another district school board
12  employee because that employee is either directly or
13  indirectly involved with an application to establish a charter
14  school.  As used in this subsection, the term "unlawful
15  reprisal" means an action taken by a district school board or
16  a school system employee against an employee who is directly
17  or indirectly involved in a lawful application to establish a
18  charter school, which occurs as a direct result of that
19  involvement, and which results in one or more of the
20  following: disciplinary or corrective action; adverse transfer
21  or reassignment, whether temporary or permanent; suspension,
22  demotion, or dismissal; an unfavorable performance evaluation;
23  a reduction in pay, benefits, or rewards; elimination of the
24  employee's position absent of a reduction in force as a result
25  of lack of moneys or work; or other adverse significant
26  changes in duties or responsibilities that are inconsistent
27  with the employee's salary or employment classification. The
28  following procedures shall apply to an alleged unlawful
29  reprisal which occurs as a consequence of an employee's direct
30  or indirect involvement with an application to establish a
31  charter school:
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  1         1.  Within 60 days after a reprisal prohibited by this
  2  subsection, an employee may file a complaint with the
  3  Department of Education.
  4         2.  Within 3 working days after receiving a complaint
  5  under this section, the department shall acknowledge receipt
  6  of the complaint and provide copies of the complaint and any
  7  other relevant preliminary information available to each of
  8  the other parties named in the complaint, which parties shall
  9  each acknowledge receipt of such copies to the complainant.
10         3.  If the department determines that the complaint
11  demonstrates reasonable cause to suspect that an unlawful
12  reprisal has occurred, the department shall conduct an
13  investigation to produce a fact-finding report.
14         4.  Within 90 days after receiving the complaint, the
15  department shall provide the superintendent of schools of the
16  complainant's district and the complainant with a fact-finding
17  report that may include recommendations to the parties or
18  proposed resolution of the complaint. The fact-finding report
19  shall be presumed admissible in any subsequent or related
20  administrative or judicial review.
21         5.  If the department determines that reasonable
22  grounds exist to believe that an unlawful reprisal has
23  occurred, is occurring, or is to be taken, and is unable to
24  conciliate a complaint within 60 days after receipt of the
25  fact-finding report, the department shall terminate the
26  investigation. Upon termination of any investigation, the
27  department shall notify the complainant and the superintendent
28  of schools of the termination of the investigation, providing
29  a summary of relevant facts found during the investigation and
30  the reasons for terminating the investigation. A written
31
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  1  statement under this paragraph is presumed admissible as
  2  evidence in any judicial or administrative proceeding.
  3         6.  The department shall either contract with the
  4  Division of Administrative Hearings under s. 120.65, or
  5  otherwise provide for a complaint for which the department
  6  determines reasonable grounds exist to believe that an
  7  unlawful reprisal has occurred, is occurring, or is to be
  8  taken, and is unable to conciliate, to be heard by a panel of
  9  impartial persons. Upon hearing the complaint, the panel must
10  make findings of fact and conclusions of law for a final
11  decision by the department.
12
13  It shall be an affirmative defense to any action brought
14  pursuant to this section that the adverse action was
15  predicated upon grounds other than, and would have been taken
16  absent, the employee's exercise of rights protected by this
17  section.
18         (c)  In any action brought under this section for which
19  it is determined reasonable grounds exist to believe that an
20  unlawful reprisal has occurred, is occurring, or is to be
21  taken, the relief must include the following:
22         1.  Reinstatement of the employee to the same position
23  held before the unlawful reprisal was commenced, or to an
24  equivalent position, or payment of reasonable front pay as
25  alternative relief.
26         2.  Reinstatement of the employee's full fringe
27  benefits and seniority rights, as appropriate.
28         3.  Compensation, if appropriate, for lost wages,
29  benefits, or other lost remuneration caused by the unlawful
30  reprisal.
31
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  1         4.  Payment of reasonable costs, including attorney's
  2  fees, to a substantially prevailing employee, or to the
  3  prevailing employer if the employee filed a frivolous action
  4  in bad faith.
  5         5.  Issuance of an injunction, if appropriate, by a
  6  court of competent jurisdiction.
  7         6.  Temporary reinstatement to the employee's former
  8  position or to an equivalent position, pending the final
  9  outcome on the complaint, if it is determined that the action
10  was not made in bad faith or for a wrongful purpose, and did
11  not occur after a district school board's initiation of a
12  personnel action against the employee which includes
13  documentation of the employee's violation of a disciplinary
14  standard or performance deficiency.
15         (4)  SPONSOR.--A district school board may sponsor a
16  charter school in the county over which the board has
17  jurisdiction.
18         (a)  A district school board shall receive and review
19  all applications for a charter school. A district school board
20  shall receive and consider charter school applications
21  received on or before October 1 through at least November 15
22  of each calendar year for charter schools to be opened at the
23  beginning of the school district's next school year, or to be
24  opened at a time agreed to by the applicant and the district
25  school board.  A district school board may receive
26  applications later than this date if it chooses. In order to
27  facilitate an accurate budget projection process, a district
28  school board shall be held harmless for FTE students which are
29  not included in the FTE projection due to approval of charter
30  school applications after the FTE projection deadline. In a
31  further effort to facilitate an accurate budget projection,
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  1  within 15 calendar days after receipt of a charter school
  2  application, a district school board or other sponsor shall
  3  report to the Department of Education the name of the
  4  applicant entity, the proposed charter school location, and
  5  its projected FTE. A district school board must by a majority
  6  vote approve or deny an application no later than 60 calendar
  7  days after the application is received, unless the district
  8  school board and the applicant mutually agree to temporarily
  9  postpone the vote to a specific date, at which time the
10  district school board must by a majority vote approve or deny
11  the application. If the district school board fails to act on
12  the application, an applicant may appeal to the State Board of
13  Education as provided in paragraph (b). If an application is
14  denied, the district school board must, within 10 calendar
15  days, articulate in writing the specific reasons based upon
16  good cause supporting its denial of the charter application.
17  For budget projection purposes, the district school board or
18  other sponsor shall report to the department the approval or
19  denial of a charter application within 10 calendar days after
20  such approval or denial. In the event of approval, the report
21  to the department must include the final projected FTE for the
22  approved charter school. Upon approval of a charter
23  application, the initial startup must be consistent with the
24  beginning of the public school calendar for the district in
25  which the charter is granted unless the district school board
26  allows a waiver of this provision for good cause.
27         (b)  An applicant may appeal any denial of that
28  applicant's person's application or failure to act on an
29  application to the State Board of Education no later than 30
30  calendar days after the district school board's decision or
31  failure to act and shall notify the district school board of
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  1  its appeal.  Any response of the school board shall be
  2  submitted to the state board within 30 calendar days after
  3  notification of the appeal. The state board must by majority
  4  vote accept or reject the decision of the district school
  5  board no later than 60 calendar days after an appeal is filed
  6  in accordance with state board rule.  The state board may
  7  reject an appeal submission for failure to comply with
  8  procedural rules governing the appeals process.  The rejection
  9  shall describe the submission errors.  The appellant may have
10  up to 15 calendar days from notice of rejection to resubmit an
11  appeal that meets requirements of rule.  An application for
12  appeal submitted subsequent to such rejection shall be
13  considered timely if the original appeal was filed within 30
14  calendar days after the school board denial. The state board
15  shall remand the application to the district school board with
16  its written recommendation that the district board approve or
17  deny the application consistent with the state board's
18  decision. The decision of the State Board of Education is not
19  subject to the provisions of the Administrative Procedure Act,
20  chapter 120.
21         (c)  The district school board must act upon the
22  recommendation of the State Board of Education within 30
23  calendar days after it is received. The district board may
24  fail to act in accordance with the recommendation of the state
25  board only for good cause. Good cause for failing to act in
26  accordance with the state board's recommendation arises only
27  if the district school board determines by competent
28  substantial evidence that approving the state board's
29  recommendation would be contrary to law or contrary to the
30  best interests of the pupils or the community. The district
31  school board must articulate in written findings the specific
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  1  reasons based upon good cause supporting its failure to act in
  2  accordance with the state board's recommendation. The district
  3  board's action on the state board's recommendation is a final
  4  action subject to judicial review.
  5         (d)  The Department of Education may provide technical
  6  assistance to an applicant upon written request.
  7         (e)  Paragraph (a) notwithstanding, a state university
  8  may grant a charter to a developmental research school created
  9  under s. 228.053.  In considering such charter, the state
10  university must consult with the district school board of the
11  county in which the developmental research school is located.
12  The decision of a state university may be appealed pursuant to
13  the procedure established in this subsection.
14         (f)  The terms and conditions for the operation of a
15  charter school shall be set forth by the sponsor and the
16  applicant in a written contractual agreement, called a
17  charter. The sponsor shall not impose unreasonable rules or
18  regulations that violate the intent of giving charter schools
19  greater flexibility to meet educational goals. The applicant
20  and sponsor shall have 6 months in which to mutually agree to
21  the provisions of the charter contract.  The Department of
22  Education shall provide mediation services for any dispute
23  regarding this section subsequent to the approval of a charter
24  application, except disputes regarding charter school
25  application denials.  If the Commissioner of Education
26  determines that the dispute cannot be settled through
27  mediation, the dispute may be appealed to an administrative
28  law judge appointed by the Division of Administrative
29  Hearings.  The administrative law judge may rule on issues of
30  equitable treatment of the charter school as a public school,
31  whether proposed provisions of the charter contract violate
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  1  the intended flexibility granted charter schools by statute,
  2  or on any other matter regarding this section except a charter
  3  school application denial, and shall award the prevailing
  4  party reasonable attorney's fees and costs incurred to be paid
  5  by the losing party.  The costs of the administrative hearing
  6  shall be paid by the party whom the administrative law judge
  7  rules against.
  8         (g)  The sponsor shall monitor and review the charter
  9  school in its progress towards the goals established in the
10  charter.
11         (h)  The sponsor shall monitor the revenues and
12  expenditures of the charter school.
13         (5)  NUMBER OF SCHOOLS.--
14         (a)  The number of newly created charter schools or
15  existing public schools which may convert to charter schools
16  is limited to no more than 28 in each school district that has
17  100,000 or more students, no more than 20 in each school
18  district that has 50,000 to 99,999 students, and no more than
19  12 in each school district with fewer than 50,000 students.
20         (b)  An existing public school which converts to a
21  charter school shall not be counted towards the limit
22  established by paragraph (a).
23
24  Notwithstanding any limit established by this subsection, a
25  district school board or a charter school applicant shall have
26  the right to request an increase of the limit on the number of
27  charter schools authorized to be established within the
28  district from the State Board of Education.
29         (6)  ELIGIBLE STUDENTS.--
30         (a)  A charter school shall be open to any student
31  covered in an interdistrict agreement or residing in the
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  1  school district in which the charter school is located;
  2  however, in the case of a developmental research school
  3  created under s. 228.053 to which a charter has been issued
  4  under paragraph (4)(e), the charter school shall be open to
  5  any student eligible to attend the developmental research
  6  school as provided in s. 228.053 or who resides in the school
  7  district in which the charter school is located. Any eligible
  8  student shall be allowed interdistrict transfer to attend a
  9  charter school when based on good cause. When a public school
10  converts to charter status, enrollment preference shall be
11  given to students who would have otherwise attended that
12  public school. A charter school may give enrollment preference
13  to a sibling of a student enrolled in the charter school, to
14  the child of a member of the governing board of the charter
15  school, or to the child of an employee of the charter school.
16         (b)  The charter school shall enroll an eligible
17  student who submits a timely application, unless the number of
18  applications exceeds the capacity of a program, class, grade
19  level, or building. In such case, all applicants shall have an
20  equal chance of being admitted through a random selection
21  process.
22         (c)  A charter school may limit the enrollment process
23  only to target the following student populations:
24         1.  Students within specific age groups or grade
25  levels.
26         2.  Students considered at risk of dropping out of
27  school or academic failure. Such students shall include
28  exceptional education students.
29         3.  Students enrolling in a charter
30  school-in-the-workplace established pursuant to subsection
31  (22).
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  1         4.  Students residing within a reasonable distance of
  2  the charter school, as described in paragraph (13)(c). Such
  3  students shall be subject to a random lottery and to the
  4  racial/ethnic balance provisions described in subparagraph
  5  (9)(a)8. or any federal provisions which require a school to
  6  achieve a racial/ethnic balance reflective of the community it
  7  serves or within the racial/ethnic range of other public
  8  schools in the same school district.
  9         (d)  A student may withdraw from a charter school at
10  any time and enroll in another public school as determined by
11  school board policy.
12         (e)  Students with handicapping conditions and students
13  served in English for Speakers of Other Languages programs
14  shall have an equal opportunity of being selected for
15  enrollment in a charter school.
16         (7)  LEGAL ENTITY.--A charter school shall organize as,
17  or be operated by, a nonprofit organization. A charter school
18  may be operated by a municipality or other public entity as
19  provided for by law. As such, the charter school may be either
20  a private or a public employer.  As a public employer, a
21  charter school may participate in the Florida Retirement
22  System upon application and approval as a "covered group"
23  under s. 121.021(34). If a charter school participates in the
24  Florida Retirement System, the charter school employees shall
25  be compulsory members of the Florida Retirement System. As
26  either a private or a public employer, a charter school may
27  contract for services with an individual or group of
28  individuals who are organized as a partnership or a
29  cooperative. Individuals or groups of individuals who contract
30  their services to the charter school are not public employees.
31         (8)  REQUIREMENTS.--
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  1         (a)  A charter school shall be nonsectarian in its
  2  programs, admission policies, employment practices, and
  3  operations.
  4         (b)  A charter school shall admit students as provided
  5  in subsection (6).
  6         (c)  A charter school shall be accountable to its
  7  sponsor for performance as provided in subsection (9).
  8         (d)  A charter school shall not charge tuition or fees,
  9  except those fees normally charged by other public schools.
10  However, a developmental research school to which a charter
11  has been issued pursuant to paragraph (4)(e) may charge a
12  student activity and service fee as authorized by s.
13  228.053(5).
14         (e)  A charter school shall meet all applicable state
15  and local health, safety, and civil rights requirements.
16         (f)  A charter school shall not violate the
17  antidiscrimination provisions of s. 228.2001.
18         (g)  A charter school shall be subject to an annual
19  financial audit in a manner similar to that of a school
20  district.
21         (h)  No organization shall hold more than 15 charters
22  statewide.
23         (i)  In order to provide financial information that is
24  comparable to that reported for other public schools, charter
25  schools are to maintain all financial records which constitute
26  their accounting system in accordance with the accounts and
27  codes prescribed in the most recent issuance of the
28  publication titled "Financial and Program Cost Accounting and
29  Reporting for Florida Schools." Charter schools are to provide
30  annual financial report and program cost report information in
31  the state-required formats for inclusion in district reporting
                                  17
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  1  in compliance with s. 236.02(1). Charter schools which are
  2  operated by a municipality or are a component unit of a parent
  3  nonprofit organization may use the accounting system of the
  4  municipality or the parent, but must reformat this information
  5  for reporting according to this paragraph.
  6         (9)  CHARTER.--The major issues involving the operation
  7  of a charter school shall be considered in advance and written
  8  into the charter. The charter shall be signed by the governing
  9  body of the charter school and the sponsor, following a public
10  hearing to ensure community input.
11         (a)  The charter shall address, and criteria for
12  approval of the charter shall be based on:
13         1.  The school's mission, the students to be served,
14  and the ages and grades to be included.
15         2.  The focus of the curriculum, the instructional
16  methods to be used, and any distinctive instructional
17  techniques to be employed.
18         3.  The current incoming baseline standard of student
19  academic achievement, the outcomes to be achieved, and the
20  method of measurement that will be used. This section shall
21  include a detailed description for each of the following:
22         a.  How the baseline student academic achievement
23  levels and prior rates of academic progress will be
24  established.;
25         b.  How these baseline rates will be compared to rates
26  of academic progress achieved by these same students while
27  attending the charter school.; and
28         c.  To the extent possible, how these rates of progress
29  will be evaluated and compared with rates of progress of other
30  closely comparable student populations.
31
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  1         4.  The methods used to identify the educational
  2  strengths and needs of students and how well educational goals
  3  and performance standards are met by students attending the
  4  charter school. Students in charter schools shall, at a
  5  minimum, participate in the statewide assessment program.
  6         5.  In secondary charter schools, a method for
  7  determining that a student has satisfied the requirements for
  8  graduation in s. 232.246.
  9         6.  A method for resolving conflicts between the
10  governing body of the charter school and the sponsor.
11         7.  The admissions procedures and dismissal procedures,
12  including the school's code of student conduct.
13         8.  The ways by which the school will achieve a
14  racial/ethnic balance reflective of the community it serves or
15  within the racial/ethnic range of other public schools in the
16  same school district.
17         9.  The financial and administrative management of the
18  school, including a reasonable demonstration of the
19  professional experience or competence of those individuals or
20  organizations applying to operate the charter school or those
21  hired or retained to perform such professional services. Both
22  public sector and private sector professional experience shall
23  be equally valid in such a consideration.
24         10.  The manner in which the school will be insured,
25  including whether or not the school will be required to have
26  liability insurance, and, if so, the terms and conditions
27  thereof and the amounts of coverage.
28         11.  The term of the charter which shall provide for
29  cancellation of the charter if insufficient progress has been
30  made in attaining the student achievement objectives of the
31  charter and if it is not likely that such objectives can be
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  1  achieved before expiration of the charter. The initial term of
  2  a charter shall be for 3, 4, or 5 years. In order to
  3  facilitate access to long-term financial resources for charter
  4  school construction, charter schools that are operated by a
  5  municipality or other public entity as provided by law are
  6  eligible for up to a 15-year charter, subject to approval by
  7  the local school board. A developmental research school is
  8  eligible for a charter for a term of up to 15 years issued by
  9  a state university pursuant to paragraph (4)(e). In addition,
10  to facilitate access to long-term financial resources for
11  charter school construction, charter schools that are operated
12  by a private, not-for-profit, s. 501(c)(3) status corporation
13  are eligible for up to a 10-year charter, subject to approval
14  by the local school board. Such long-term charters remain
15  subject to annual review and may be terminated during the term
16  of the charter, but only for specific good cause according to
17  the provisions set forth in subsection (10).
18         12.  The facilities to be used and their location.
19         13.  The qualifications to be required of the teachers.
20         14.  The governance structure of the school, including
21  the status of the charter school as a public or private
22  employer as required in subsection (7).
23         15.  A timetable for implementing the charter which
24  addresses the implementation of each element thereof and the
25  date by which the charter shall be awarded in order to meet
26  this timetable.
27         16.  In the case of an existing public school being
28  converted to charter status, alternative arrangements for
29  current students who choose not to attend the charter school
30  and for current teachers who choose not to teach in the
31  charter school after conversion in accordance with the
                                  20
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  1  existing collective bargaining agreement or school board
  2  policy in the absence of a collective bargaining agreement.
  3  However, alternative arrangements shall not be required for
  4  current teachers who choose not to teach in a developmental
  5  research school to which a charter has been issued pursuant to
  6  paragraph (4)(e), except as authorized by the employment
  7  policies of the state university which grants the charter to
  8  the developmental research school.
  9         (b)  A charter may be renewed every 5 school years,
10  provided that a program review demonstrates that the criteria
11  in paragraph (a) have been successfully accomplished and that
12  none of the grounds for nonrenewal established by paragraph
13  (10)(a) have been documented. In order to facilitate long-term
14  financing for charter school construction, charter schools
15  operating for a minimum of 2 3 years and demonstrating
16  exemplary academic programming and fiscal management are
17  eligible for a 15-year charter renewal. Such long-term charter
18  is subject to annual review and may be terminated during the
19  term of the charter.
20         (c)  A charter may be modified during its initial term
21  or any renewal term upon the recommendation of the sponsor or
22  the charter school governing board and the approval of both
23  parties to the agreement.
24         (d)  The governing body of the charter school shall
25  make annual progress reports to its sponsor, which upon
26  verification shall be forwarded to the Commissioner of
27  Education at the same time as other annual school
28  accountability reports.  The report shall contain at least the
29  following information:
30         1.  The charter school's progress towards achieving the
31  goals outlined in its charter.
                                  21
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    2000 Legislature                     HB 2087, Second Engrossed
  1         2.  The information required in the annual school
  2  report pursuant to s. 229.592.
  3         3.  Financial records of the charter school, including
  4  revenues and expenditures.
  5         4.  Salary and benefit levels of charter school
  6  employees.
  7         (e)  A sponsor shall ensure that the charter is
  8  innovative and consistent with the state education goals
  9  established by s. 229.591.
10         (f)  Upon receipt of the annual report required by
11  paragraph (d), the Department of Education shall provide to
12  the State Board of Education, the Commissioner of Education,
13  the President of the Senate, and the Speaker of the House of
14  Representatives an analysis and comparison of the overall
15  performance of charter school students, to include all
16  students whose scores are counted as part of the state
17  assessment program, versus comparable public school students
18  in the district as determined by the state assessment program
19  currently administered in the school district, and, as
20  appropriate, the Florida Writes Assessment Test, the High
21  School Competency Test, and other assessments administered
22  pursuant to s. 229.57(3).
23         (g)  Whenever a municipality has submitted charter
24  applications for the establishment of a charter school feeder
25  pattern (elementary, middle, and senior high schools), and
26  upon approval of each individual charter application by the
27  district school board, such applications will then be
28  designated as one charter for all purposes listed pursuant to
29  this section.
30         (10)  CAUSES FOR NONRENEWAL OR TERMINATION.--
31
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  1         (a)  At the end of the term of a charter, the sponsor
  2  may choose not to renew the charter for any of the following
  3  grounds:
  4         1.  Failure to meet the requirements for student
  5  performance stated in the charter.
  6         2.  Failure to meet generally accepted standards of
  7  fiscal management.
  8         3.  Violation of law.
  9         4.  Other good cause shown.
10         (b)  During the term of a charter, the sponsor may
11  terminate the charter for any of the grounds listed in
12  paragraph (a).
13         (c)  At least 90 days prior to renewing or terminating
14  a charter, the sponsor shall notify the governing body of the
15  school of the proposed action in writing.  The notice shall
16  state in reasonable detail the grounds for the proposed action
17  and stipulate that the school's governing body may, within 14
18  calendar days after receiving the notice, request an informal
19  hearing before the sponsor. The sponsor shall conduct the
20  informal hearing within 30 calendar days after receiving a
21  written request. The charter school's governing body may,
22  within 14 calendar days after receiving the sponsor's decision
23  to terminate or refuse to renew the charter, appeal the
24  decision pursuant to the procedure established in subsection
25  (4).
26         (e)  When a charter is not renewed or is terminated,
27  the school shall be dissolved under the provisions of law
28  under which the school was organized, and any unencumbered
29  funds from the charter school shall revert to the district
30  school board.  In the event a charter school is dissolved or
31  is otherwise terminated, all district school board property
                                  23
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    2000 Legislature                     HB 2087, Second Engrossed
  1  and improvements, furnishings, and equipment purchased with
  2  public funds shall automatically revert to full ownership by
  3  the district school board, subject to complete satisfaction of
  4  any lawful liens or encumbrances.
  5         (f)  If a charter is not renewed or is terminated, the
  6  governing body of the school is responsible for all debts of
  7  the charter school. The district may not assume the debt from
  8  any contract for services made between the governing body of
  9  the school and a third party, except for a debt that is
10  previously detailed and agreed upon in writing by both the
11  district and the governing body of the school and that may not
12  reasonably be assumed to have been satisfied by the district.
13         (g)  If a charter is not renewed or is terminated, a
14  student who attended the school may apply to, and shall be
15  enrolled in, another public school. Normal application
16  deadlines shall be disregarded under such circumstances.
17         (11)  EXEMPTION FROM STATUTES.--A charter school shall
18  operate in accordance with its charter and shall be exempt
19  from all statutes of the Florida School Code, except those
20  specifically applying to charter schools; those pertaining to
21  the provision of services to students with disabilities; those
22  pertaining to civil rights, including s. 228.2001, relating to
23  discrimination; and those pertaining to student health,
24  safety, and welfare;, or as otherwise required by this
25  section. A charter school shall not be exempt from the
26  following statutes:  chapter 119, relating to public records,
27  and s. 286.011, relating to public meetings and records,
28  public inspection, and penalties. The sponsor, upon request of
29  a charter school, may apply to the Commissioner of Education
30  for a waiver of provisions of chapters 230 through 239 which
31  are applicable to charter schools under this section, except
                                  24
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    2000 Legislature                     HB 2087, Second Engrossed
  1  that the provisions of chapters 236 or 237 shall not be
  2  eligible for waiver if the waiver would affect funding
  3  allocations or create inequity in public school funding. The
  4  commissioner may grant the waiver if necessary to implement
  5  the school program.
  6         (12)  EMPLOYEES OF CHARTER SCHOOLS.--
  7         (a)  A charter school shall select its own employees. A
  8  charter school may contract with its sponsor for the services
  9  of personnel employed by the sponsor.
10         (b)  Charter school employees shall have the option to
11  bargain collectively.  Employees may collectively bargain as a
12  separate unit or as part of the existing district collective
13  bargaining unit as determined by the structure of the charter
14  school.
15         (c)  The employees of a conversion charter school shall
16  remain public employees for all purposes, unless such
17  employees choose not to do so.
18         (d)  The teachers at a charter school may choose to be
19  part of a professional group that subcontracts with the
20  charter school to operate the instructional program under the
21  auspices of a partnership or cooperative that they
22  collectively own. Under this arrangement, the teachers would
23  not be public employees.
24         (e)  Employees of a school district may take leave to
25  accept employment in a charter school upon the approval of the
26  district school board. While employed by the charter school
27  and on leave that is approved by the school board, the
28  employee may retain seniority accrued in that school district
29  and may continue to be covered by the benefit programs of that
30  school district, if the charter school and the district school
31  board agree to this arrangement and its financing. School
                                  25
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    2000 Legislature                     HB 2087, Second Engrossed
  1  districts shall not require resignations of teachers desiring
  2  to teach in a charter school. This paragraph shall not
  3  prohibit a school board from approving alternative leave
  4  arrangements consistent with chapter 231.
  5         (f)  Teachers employed by or under contract to a
  6  charter school shall be certified as required by chapter 231.
  7  A charter school governing board may employ or contract with
  8  skilled selected noncertified personnel to provide
  9  instructional services or to assist instructional staff
10  members as education paraprofessionals in the same manner as
11  defined in chapter 231, and as provided by State Board of
12  Education rule for charter school governing boards. A charter
13  school may not employ an individual to provide instructional
14  services or to serve as an education paraprofessional if the
15  individual's certification or licensure as an educator is
16  suspended or revoked by this or any other state. A charter
17  school may not knowingly employ an individual who has resigned
18  from a school district in lieu of disciplinary action with
19  respect to child welfare or safety, or who has been dismissed
20  for just cause by any school district with respect to child
21  welfare or safety. The qualifications of teachers shall be
22  disclosed to parents.
23         (g)  A charter school shall employ or contract with
24  employees who have been fingerprinted as provided in s.
25  231.02. Members of the governing board of the charter school
26  shall also be fingerprinted in a manner similar to that
27  provided in s. 231.02 prior to approval of the charter.
28         (13)  REVENUE.--Students enrolled in a charter school,
29  regardless of the sponsorship, shall be funded as if they are
30  in a basic program or a special program, the same as students
31  enrolled in other public schools in the school district.
                                  26
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  1  Funding for a chartered developmental research school shall be
  2  as provided in s. 228.053(9).
  3         (a)  Each charter school shall report its student
  4  enrollment to the district school board as required in s.
  5  236.081, and in accordance with the definitions in s. 236.013.
  6  The district school board shall include each charter school's
  7  enrollment in the district's report of student enrollment.
  8         (b)  The basis for the agreement for funding students
  9  enrolled in a charter school shall be the sum of the school
10  district's operating funds from the Florida Education Finance
11  Program as provided in s. 236.081 and the General
12  Appropriations Act, including gross state and local funds,
13  discretionary lottery funds, and funds from the school
14  district's current operating discretionary millage levy;
15  divided by total funded weighted full-time equivalent students
16  in the school district; multiplied by the weighted full-time
17  equivalent students for the charter school.  Charter schools
18  whose students or programs meet the eligibility criteria in
19  law shall be entitled to their proportionate share of
20  categorical program funds included in the total funds
21  available in the Florida Education Finance Program by the
22  Legislature, including transportation.  Total funding for each
23  charter school will be recalculated during the year to reflect
24  the revised calculations under the Florida Education Finance
25  Program by the state and the actual weighted full-time
26  equivalent students reported by the charter school during the
27  full-time equivalent student survey periods designated by the
28  Commissioner of Education.
29         (c)  Transportation of charter school students shall be
30  provided by the charter school consistent with the
31  requirements of chapter 234. The governing body of the charter
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    2000 Legislature                     HB 2087, Second Engrossed
  1  school may provide transportation through an agreement or
  2  contract with the district school board, a private provider,
  3  or parents. The charter school and the sponsor shall cooperate
  4  in making arrangements that ensure that transportation is not
  5  a barrier to equal access for all students residing within a
  6  reasonable distance of the charter school as determined in its
  7  charter.
  8         (d)  If the district school board is providing programs
  9  or services to students funded by federal funds, any eligible
10  students enrolled in charter schools in the school district
11  shall be provided federal funds for the same level of service
12  provided students in the schools operated by the district
13  school board. Pursuant to provisions of 20 U.S.C. 8061 s.
14  10306, all charter schools shall receive all federal funding
15  for which the school is otherwise eligible, including Title I
16  funding, not later than 5 months after the charter school
17  first opens and within 5 months after any subsequent expansion
18  of enrollment.
19         (e)  Any administrative fee charged by the school
20  district relating to a charter school shall be limited to 5
21  percent of the available funds as defined in paragraph (b).
22  The sponsor shall provide certain administrative and
23  educational services to charter schools at no additional fee.
24  These services shall include contract management services, FTE
25  and data reporting, exceptional student education
26  administration, test administration, processing of teacher
27  certificate data, and information services.
28         (f)  School boards shall make every effort to ensure
29  that charter schools receive timely and efficient
30  reimbursement, including processing paperwork required to
31  access special state and federal funding for which they may be
                                  28
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    2000 Legislature                     HB 2087, Second Engrossed
  1  eligible. The district school board may distribute funds to a
  2  charter school for up to 3 months based on the projected
  3  full-time equivalent student membership of the charter school.
  4  Thereafter, the results of full-time equivalent student
  5  membership surveys must be used in adjusting the amount of
  6  funds distributed monthly to the charter school for the
  7  remainder of the fiscal year. The payment shall be issued no
  8  later than 10 working days after the district school board
  9  receives a distribution of state or federal funds. If a
10  warrant for payment is not issued within 30 working days after
11  receipt of funding by the district school board, the school
12  district shall pay to the charter school, in addition to the
13  amount of the scheduled disbursement, interest at a rate of 1
14  percent per month calculated on a daily basis on the unpaid
15  balance from the expiration of the 30-day period until such
16  time as the warrant is issued.
17         (g)  If a district school board facility or property is
18  available because it is surplus, marked for disposal, or
19  otherwise unused, it shall be provided for a charter school's
20  use on the same basis as it is made available to other public
21  schools in the district.  A charter school receiving property
22  from the school district may not sell or dispose of such
23  property without written permission of the school district.
24  Similarly, for an existing public school converting to charter
25  status, no rental or leasing fee for the existing facility or
26  for the property normally inventoried to the conversion school
27  may be charged by the district school board to the parents and
28  teachers organizing the charter school.  The charter
29  organizers shall agree to reasonable maintenance provisions in
30  order to maintain the facility in a manner similar to district
31  school board standards.
                                  29
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  1         (h)  If other goods and services are made available to
  2  the charter school through the contract with the school
  3  district, they shall be provided to the charter school at a
  4  rate no greater than the district's actual cost. To maximize
  5  the use of state funds, school districts shall allow charter
  6  schools to participate in the sponsor's bulk purchasing
  7  program if applicable.
  8         (14)  IMMUNITY.--For the purposes of tort liability,
  9  the governing body and employees of a charter school shall be
10  governed by s. 768.28.
11         (15)  LENGTH OF SCHOOL YEAR.--A charter school shall
12  provide instruction for at least the number of days required
13  by law for other public schools, and may provide instruction
14  for additional days.
15         (16)  FACILITIES.--
16         (a)  A charter school shall utilize facilities which
17  comply with the State Uniform Building Code for Public
18  Educational Facilities Construction adopted pursuant to s.
19  235.26 or with applicable state minimum building codes
20  pursuant to chapter 553 and state minimum fire protection
21  codes pursuant to s. 633.025, as adopted by the authority in
22  whose jurisdiction the facility is located.
23         (b)  Any facility, or portion thereof, used to house a
24  charter school whose charter has been approved by the sponsor
25  and the governing board, pursuant to subsection (9), shall be
26  exempt from ad valorem taxes pursuant to s. 196.1983.
27         (c)  After January 1, 2001, charter school facilities
28  shall utilize facilities which comply with the Florida
29  Building Code, pursuant to chapter 553, and the Florida Fire
30  Prevention Code, pursuant to chapter 633.
31
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  1         (17)  INITIAL COSTS.--A sponsor may approve a charter
  2  for a charter school before the applicant has secured space,
  3  equipment, or personnel, if the applicant indicates approval
  4  is necessary for it to raise working capital.
  5         (18)  INFORMATION.--The Department of Education shall
  6  provide information to the public, directly and through
  7  sponsors, both on how to form and operate a charter school and
  8  on how to enroll in charter schools once they are created.
  9  This information shall include a standard application format
10  which shall include the information specified in subsection
11  (9). This application format may be used by chartering
12  entities.
13         (19)  GENERAL AUTHORITY.--A charter school shall not
14  levy taxes or issue bonds secured by tax revenues.
15         (20)  REVIEW.--
16         (a)  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 a 1-year term, unless renewed by the office
28  making the 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
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  1  practices at and fair business relationships with charter
  2  schools.
  3         (b)  The Legislature shall review the operation of
  4  charter schools during the 2005 2000 Regular Session of the
  5  Legislature.
  6         (21)  RULEMAKING.--The Department of Education, after
  7  consultation with school districts and charter school
  8  directors, shall recommend that the State Board of Education
  9  adopt rules to implement specific subsections of this section.
10  Such rules shall require minimum paperwork and shall not limit
11  charter school flexibility authorized by statute.
12         (22)  CHARTER SCHOOLS-IN-THE-WORKPLACE.--
13         (a)  In order to increase business partnerships in
14  education, to reduce school and classroom overcrowding
15  throughout the state, and to offset the high costs for
16  educational facilities construction, the Legislature intends
17  to encourage the formation of business partnership schools or
18  satellite learning centers through charter school status.
19         (b)  A charter school-in-the-workplace may be
20  established when a business partner provides the school
21  facility to be used; enrolls students based upon a random
22  lottery which involves all of the children of employees of
23  that business or corporation who are seeking enrollment, as
24  provided for in subsection (6); and enrolls students according
25  to the racial/ethnic balance provisions described in
26  subparagraph (9)(a)8. Any portion of a facility used for a
27  public charter school shall be exempt from ad valorem taxes,
28  as provided for in s. 235.198, for the duration of its use as
29  a public school.
30         Section 4.  Subsections (1) and (3) of section
31  228.0561, Florida Statutes, are amended to read:
                                  32
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  1         228.0561  Charter schools capital outlay funding.--
  2         (1)  In each year in which funds are appropriated for
  3  charter school capital outlay purposes, the Commissioner of
  4  Education shall allocate the funds among eligible charter
  5  schools.  To be eligible for a funding allocation, a charter
  6  school must meet the provisions of subsection (6), must have
  7  received final approval from its sponsor pursuant to s.
  8  228.056 for operation during that fiscal year, and must serve
  9  students in facilities that are not provided by the charter
10  school's sponsor.  Prior to the release of capital outlay
11  funds to a school district on behalf of the charter school,
12  the Department of Education shall ensure that the district
13  school board and the charter school governing board enter into
14  a written agreement that includes provisions for the reversion
15  of any unencumbered funds and all equipment and property
16  purchased with public education funds to the ownership of the
17  district school board, as provided for in subsection (3), in
18  the event that the school terminates operations.  Any funds
19  recovered by the state shall be deposited in the General
20  Revenue Fund.  A charter school is not eligible for a funding
21  allocation if it was created by the conversion of a public
22  school and operates in facilities provided by the charter
23  school's sponsor for a nominal fee or at no charge. Unless
24  otherwise provided in the General Appropriations Act, the
25  funding allocation for each eligible charter school shall be
26  determined by multiplying the school's projected student
27  enrollment by one-fifteenth one-thirteenth of the
28  cost-per-student station specified in s. 235.435(6)(b) for an
29  elementary, middle, or high school, as appropriate.  If the
30  funds appropriated are not sufficient, the commissioner shall
31  prorate the available funds among eligible charter schools.
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  1  In the first quarter of the fiscal year, Funds shall be
  2  distributed on the basis of the capital outlay full-time
  3  equivalent membership by grade level, which shall be
  4  calculated by averaging the results of the second and third
  5  enrollment surveys. Sixty percent of the funds shall be
  6  distributed after the second enrollment survey and the balance
  7  shall be distributed after the third enrollment survey
  8  projected enrollment as provided in this section. The
  9  commissioner shall adjust subsequent distributions as
10  necessary to reflect each charter school's actual student
11  enrollment.  The commissioner shall establish the intervals
12  and procedures for determining the projected and actual
13  student enrollment of eligible charter schools.  If a school
14  district chooses to share funding for the capital outlay
15  purposes described in subsection (2) with the applicable
16  charter school or charter schools, any allocation of charter
17  school capital outlay funds to the charter school or charter
18  schools shall be reduced by the amount shared.
19         (3)  When a charter school is nonrenewed or terminated,
20  any unencumbered funds and all equipment and property
21  purchased with district public funds shall revert to the
22  ownership of the district school board, as provided for in s.
23  228.056(10)(e) and (f). In the case of a developmental
24  research school established pursuant to s. 228.053 to which a
25  charter has been issued, any unencumbered funds and all
26  equipment and property purchased with university public funds
27  shall revert to the ownership of the state university that
28  issued the charter. The reversion of such equipment, property,
29  and furnishings shall focus on recoverable assets, but not on
30  intangible or irrecoverable costs such as rental or leasing
31  fees, normal maintenance, and limited renovations. The
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    2000 Legislature                     HB 2087, Second Engrossed
  1  reversion of all property secured with public funds is subject
  2  to the complete satisfaction of all lawful liens or
  3  encumbrances. If there are additional local issues such as the
  4  shared use of facilities or partial ownership of facilities or
  5  property, these issues shall be agreed to in the charter
  6  contract prior to the expenditure of funds.
  7         Section 5.  Section 228.0581, Florida Statutes, is
  8  created to read:
  9         228.0581  Conversion charter school pilot program.--
10         (1)  The conversion charter school pilot program is
11  hereby established with the intent to provide incentives for
12  local school districts to approve conversion charter schools.
13         (2)  The conversion charter school pilot program shall
14  be a statewide pilot program in which 10 schools shall be
15  selected based on a competitive application process in
16  accordance with this section.
17         (3)  The purpose of the pilot program is to produce
18  significant improvements in student achievement and school
19  management, to encourage and measure the use of innovative
20  learning methods, and to make the school the unit for
21  improvement.
22         (4)  Each school principal or a majority of the parents
23  of students attending the school, a majority of the school's
24  teachers, or a majority of the members of the school advisory
25  council, may apply to the school district to participate in
26  this pilot program on forms which shall be provided by the
27  Department of Education. The forms shall include
28  acknowledgement by the principal of applicable provisions of
29  ss. 228.056 and 228.0561. For purposes of this paragraph, "a
30  majority of the parents of students attending the school"
31  means more than 50 percent of the parents voting whose
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  1  children are enrolled at the school, provided that a majority
  2  of the parents eligible to vote participate in the ballot
  3  process; and "a majority of the school's teachers" means more
  4  than 50 percent of the teachers employed at the school,
  5  according to procedures established by rule of the State Board
  6  of Education pursuant to s. 228.056(3).
  7         (5)  A person or group who has applied to participate
  8  in the pilot program created by this section, pursuant to
  9  subsection (4), shall not be subject to an unlawful reprisal,
10  as defined by s. 228.056(3)(b), as a consequence of such
11  application.  The procedures established by s. 228.056(3)
12  shall apply to any alleged unlawful reprisal which occurs as a
13  consequence of such application.
14         (6)  A district school board shall receive and review
15  all applications by principals, parents, teachers, or school
16  advisory council members to participate in the pilot project;
17  shall select the best applications; and shall submit these
18  applications, together with the district school board's letter
19  of endorsement and commitment of support and cooperation
20  toward the success of program implementation, for review by
21  the statewide selection panel established pursuant to
22  subsection (7).
23         (7)  A conversion charter school pilot program
24  statewide selection panel is established. The panel shall be
25  comprised of the following nine members who are not elected
26  public officials:
27         (a)  Three members shall be appointed by the Governor.
28         (b)  Two members shall be appointed by the Commissioner
29  of Education.
30         (c)  Two members shall be appointed by the President of
31  the Senate.
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  1         (d)  Two members shall be appointed by the Speaker of
  2  the House of Representatives.
  3
  4  The panel shall review the conversion charter school pilot
  5  program applications submitted by the district school boards
  6  and shall select the 10 applications which the panel deems
  7  best comply with the purpose of the program pursuant to
  8  subsection (3).
  9         (8)  Each district school board in which there is a
10  school selected by the statewide panel for participation in
11  the pilot program shall receive a grant for the 2001-2002
12  school year as follows, or as otherwise specified in the
13  General Appropriations Act:
14         (a)  One hundred thousand dollars for planning and
15  development for each conversion charter school selected; and
16         (b)1.  Eighty thousand dollars for each conversion
17  charter school selected with 500 or fewer students;
18         2.  One hundred thousand dollars for each conversion
19  charter school selected with more than 500 but fewer than
20  1,001 students; or
21         3.  One hundred twenty thousand dollars for each
22  conversion charter school selected with more than 1,000
23  students.
24
25  The Commissioner of Education is authorized to reduce the
26  district's 2002-2003 FEFP funding entitlement by the amount of
27  the grant awarded under this subsection if he or she
28  determines that the district has failed to comply with its
29  letter of endorsement and commitment of support and
30  cooperation submitted under subsection (6).
31
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    2000 Legislature                     HB 2087, Second Engrossed
  1         (9)  Each conversion charter school selected for
  2  participation in the pilot program shall make annual progress
  3  reports to the district school board and the Commissioner of
  4  Education detailing the school's progress in achieving the
  5  purpose of the program as described in subsection (3).
  6         Section 6.  Section 236.0817, Florida Statutes, is
  7  amended to read:
  8         236.0817  Developmental research schools; eligibility
  9  for categorical funding.--Categorical funds for developmental
10  research schools, including a developmental research school to
11  which a charter has been issued pursuant to s. 228.056(4)(e),
12  shall be allocated pursuant to s. 228.053(9)(a).
13         Section 7.  Subsections (2) and (9) of section 228.053,
14  Florida Statutes, are amended to read:
15         228.053  Developmental research schools.--
16         (2)  ESTABLISHMENT.--There is established a category of
17  public schools to be known as developmental research schools.
18  Each developmental research school shall provide sequential
19  instruction and shall be affiliated with the college of
20  education within the state university of closest geographic
21  proximity. A developmental research school to which a charter
22  has been issued under s. 228.056(4)(e) must be affiliated with
23  the college of education within the state university that
24  issued the charter, but is not subject to the requirement that
25  the state university be of closest geographic proximity. For
26  the purpose of state funding, Florida Agricultural and
27  Mechanical University, Florida Atlantic University, Florida
28  State University, the University of Florida, and other
29  universities approved by the Board of Regents, the State Board
30  of Education, and the Legislature are authorized to sponsor
31  developmental research schools.
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    2000 Legislature                     HB 2087, Second Engrossed
  1         (9)  FUNDING.--Funding for a developmental research
  2  school, including a developmental research school to which a
  3  charter has been issued under s. 228.056(4)(e), shall be
  4  provided as follows:
  5         (a)  Each developmental research school shall be
  6  allocated its proportional share of operating funds from the
  7  Florida Education Finance Program as provided in s. 236.081
  8  and the General Appropriations Act. The nonvoted ad valorem
  9  millage that would otherwise be required for developmental
10  research schools shall be allocated from state funds. The
11  required local effort funds calculated pursuant to s. 236.081
12  shall be allocated from state funds to the schools as a part
13  of the allocation of operating funds pursuant to s. 236.081.
14  Each eligible developmental research school shall also receive
15  a proportional share of the sparsity supplement as calculated
16  pursuant to s. 236.081. In addition, each developmental
17  research school shall receive its proportional share of all
18  categorical funds, with the exception of s. 236.083, and new
19  categorical funds enacted after July 1, 1994, for the purpose
20  of elementary or secondary academic program enhancement. The
21  sum of funds available as provided in this paragraph shall be
22  included annually in the Florida Education Finance Program and
23  appropriate categorical programs funded in the General
24  Appropriations Act.
25         (b)  There is created a Developmental Research School
26  Educational Facility Trust Fund to be administered by the
27  Commissioner of Education. Allocations from such fund shall be
28  expended solely for the purpose of facility construction,
29  repair, renovation, remodeling, site improvement, or
30  maintenance. The commissioner shall administer the fund in
31  accordance with ss. 235.41-235.435.
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    2000 Legislature                     HB 2087, Second Engrossed
  1         (c)  All operating funds provided under this section
  2  shall be deposited in a Developmental Research School Trust
  3  Fund in the State Treasury and shall be expended for the
  4  purposes of this section.  The university assigned a
  5  developmental research school shall be the fiscal agent for
  6  these funds, and all rules of the university governing the
  7  budgeting and expenditure of state funds shall apply to these
  8  funds unless otherwise provided by law or rule of the State
  9  Board of Education. The Board of Regents shall be the public
10  employer of developmental research school personnel for
11  collective bargaining purposes.
12         (d)  Each developmental research school shall receive
13  funds for operating purposes in an amount determined as
14  follows: multiply the maximum allowable nonvoted discretionary
15  millage for operations pursuant to s. 236.25(1) by the value
16  of 95 percent of the current year's taxable value for school
17  purposes for the district in which each developmental research
18  school is located; divide the result by the total full-time
19  equivalent membership of the district; and multiply the result
20  by the full-time equivalent membership of the developmental
21  research school. The amount thus obtained shall be
22  discretionary operating funds and shall be appropriated from
23  state funds in the General Appropriations Act to the
24  Developmental Research School Trust Fund.
25         (e)  Each developmental research school shall receive
26  funds for capital improvement purposes in an amount determined
27  as follows: multiply the maximum allowable nonvoted
28  discretionary millage for capital improvements pursuant to s.
29  236.25(2) by the value of 95 percent of the current year's
30  taxable value for school purposes for the district in which
31  each developmental research school is located; divide the
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    2000 Legislature                     HB 2087, Second Engrossed
  1  result by the total full-time equivalent membership of the
  2  district; and multiply the result by the full-time equivalent
  3  membership of the developmental research school. The amount
  4  thus obtained shall be discretionary capital improvement funds
  5  and shall be appropriated from state funds in the General
  6  Appropriations Act to the Developmental Research School
  7  Educational Facility Trust Fund. For purposes of this
  8  paragraph, the full-time equivalent membership of the
  9  developmental research school shall not include the 25
10  unweighted full-time equivalent count specified in paragraph
11  (h).
12         (f)  In addition to the funds appropriated for capital
13  outlay budget needs, developmental research schools may
14  receive specific funding as specified in the General
15  Appropriations Act for upgrading, renovating, and remodeling
16  science laboratories.
17         (g)  Each developmental research school is designated a
18  teacher education center and may provide inservice training to
19  school district personnel. The Department of Education shall
20  provide funds to the Developmental Research School Trust Fund
21  for this purpose from appropriations for inservice teacher
22  education.
23         (h)  A developmental research school to which a charter
24  has been issued under s. 228.056(4)(e), is eligible to receive
25  funding for charter school capital outlay if it meets the
26  eligibility requirements of s. 228.0561. If the developmental
27  research school receives funds from charter school capital
28  outlay, the school shall receive capital outlay funds
29  otherwise provided in this subsection only to the extent that
30  funds allocated pursuant to s. 228.0561 are insufficient to
31
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    2000 Legislature                     HB 2087, Second Engrossed
  1  provide capital outlay funds to the developmental research
  2  school at one-fifteenth of the cost per student station.
  3         Section 8.  Subsection (4) of section 228.505, Florida
  4  Statutes, is amended to read:
  5         228.505  Charter technical career centers.--
  6         (4)  CHARTER.--A sponsor may designate centers as
  7  provided in this section.  An application to establish a
  8  center may be submitted by a sponsor or another organization
  9  that is determined, by rule of the State Board of Education,
10  to be appropriate. However, an independent school is not
11  eligible for status as a center.  The charter must be signed
12  by the governing body of the center and the sponsor, and must
13  be approved by the district school board and community college
14  board of trustees in whose geographic region the facility is
15  located. If a charter technical career center is established
16  by the conversion to charter status of a public technical
17  center formerly governed by a district school board, the
18  charter status of that center takes precedence in any question
19  of governance. The governance of the center or of any program
20  within the center remains with its board of directors unless
21  the board agrees to a change in governance or its charter is
22  revoked as provided in subsection (15). Such a conversion
23  charter technical career center is not affected by a change in
24  the governance of public technical centers or of programs
25  within other centers that are or have been governed by
26  district school boards. A charter technical career center, or
27  any program within such a center, that was governed by a
28  school board and transferred to a community college prior to
29  the effective date of this act is not affected by this
30  provision. An applicant who wishes to establish a center must
31  submit to the local school board or community college district
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    2000 Legislature                     HB 2087, Second Engrossed
  1  board of trustees, or a consortium of one or more of each, an
  2  application that includes:
  3         (a)  The name of the proposed center.
  4         (b)  The proposed structure of the center, including a
  5  list of proposed members of the board of directors or a
  6  description of the qualifications for and method of their
  7  appointment or election.
  8         (c)  The workforce development goals of the center, the
  9  curriculum to be offered, and the outcomes and the methods of
10  assessing the extent to which the outcomes are met.
11         (d)  The admissions policy and criteria for evaluating
12  the admission of students.
13         (e)  A description of the staff responsibilities and
14  the proposed qualifications of the teaching staff.
15         (f)  A description of the procedures to be implemented
16  to ensure significant involvement of representatives of
17  business and industry in the operation of the center.
18         (g)  A method for determining whether a student has
19  satisfied the requirements for graduation specified in s.
20  232.246 and for completion of a postsecondary certificate or
21  degree.
22         (h)  A method for granting secondary and postsecondary
23  diplomas, certificates, and degrees.
24         (i)  A description of and address for the physical
25  facility in which the center will be located.
26         (j)  A method of resolving conflicts between the
27  governing body of the center and the sponsor and between
28  consortium members, if applicable.
29         (k)  A method for reporting student data as required by
30  law and rule.
31
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  1         (l)  Other information required by the local school
  2  board or community college district board of trustees.
  3
  4  Students at a center must meet the same testing and academic
  5  performance standards as those established by law and rule for
  6  students at public schools and public technical centers.  The
  7  students must also meet any additional assessment indicators
  8  that are included within the charter approved by the district
  9  school board or community college district board of trustees.
10         Section 9.  This act shall take effect July 1, 2000.
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