Senate Bill sb1972

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    Florida Senate - 2001                                  SB 1972

    By Senator Peaden





    1-1184-01

  1                      A bill to be entitled

  2         An act relating to charter schools; amending s.

  3         228.056, F.S.; providing requirements for

  4         conversion to charter schools; establishing new

  5         purposes for charter schools; prohibiting a

  6         sponsor from charging an application fee;

  7         removing a school board's ability to refuse to

  8         follow the recommendation of the State Board of

  9         Education for good cause in cases of

10         charter-school appeals; removing the limit on

11         the number of charters a school district may

12         issue; permitting a charter school to admit

13         students on the basis of artistic, academic, or

14         other standards; revising requirements

15         regarding the capacity of the charter school;

16         granting a charter school's governing board the

17         right to appeal a school board's decision to

18         terminate a charter school; changing the

19         procedure for granting a charter school an

20         exemption from statutory provisions; revising

21         the requirements for the staff of a charter

22         school; revising procedures relating to the

23         administrative fee charged by a school

24         district; revising requirements for a charter

25         school in the workplace; amending s. 228.0561,

26         F.S.; revising procedures relating to funding

27         for charter-school facilities; providing an

28         effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

31

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  1         Section 1.  Section 228.056, Florida Statutes, is

  2  amended to read:

  3         228.056  Charter schools.--

  4         (1)  AUTHORIZATION.--The creation of charter schools is

  5  hereby authorized.  Charter schools shall be part of the

  6  state's program of public education. All charter schools in

  7  Florida are fully recognized as public schools. A charter

  8  school may be formed by creating a new school or converting an

  9  existing public school to charter status. A public school must

10  have been in operation for a minimum of 2 academic years

11  before applying for charter status. A public school may not

12  use the term charter in its name unless it has been approved

13  under this section.

14         (2)  PURPOSE.--The purpose of charter schools shall be

15  to:

16         (a)  Improve student learning.

17         (b)  Increase learning opportunities for all students,

18  with special emphasis on expanded learning experiences for

19  students who are identified as academically low achieving.

20         (c)  Encourage the use of different and innovative

21  learning methods.

22         (d)  Increase choice of learning opportunities for

23  students.

24         (e)  Establish a new form of accountability for

25  schools.

26         (f)  Require the measurement of learning outcomes and

27  create innovative measurement tools.

28         (g)  Make the school the unit for improvement.

29         (h)  Create new professional opportunities for

30  teachers, including the opportunity to own the learning

31  program at the school site.

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  1         (i)  Provide vigorous competition within the public

  2  school district to stimulate continual improvement in all

  3  public schools.

  4         (j)  Provide additional academic choices for parents

  5  and students.

  6         (k)  Expand the capacity of the public school system.

  7         (3)  APPLICATION; UNLAWFUL REPRISAL.--

  8         (a)  An application for a new charter school may be

  9  made by an individual, teachers, parents, a group of

10  individuals, a municipality, or a legal entity organized under

11  the laws of this state. The district school board or the

12  principal, teachers, parents, and/or the school advisory

13  council at an existing public school, including a public

14  school-within-a-school that is designated as a school by the

15  district school board, shall submit any application for

16  converting the school to a charter school. An application

17  submitted proposing to convert an existing public school to a

18  charter school shall demonstrate the support of at least 50

19  percent of the teachers employed at the school and 50 percent

20  of the parents voting whose children are enrolled at the

21  school, provided that a majority of the parents eligible to

22  vote participate in the ballot process, according to

23  procedures established by rules of the state board. A private

24  school, parochial school, or home education program shall not

25  be eligible for charter school status.

26         (b)  No district school board, or district school board

27  employee who has control over personnel actions, shall take

28  unlawful reprisal against another district school board

29  employee because that employee is either directly or

30  indirectly involved with an application to establish a charter

31  school.  As used in this subsection, the term "unlawful

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  1  reprisal" means an action taken by a district school board or

  2  a school system employee against an employee who is directly

  3  or indirectly involved in a lawful application to establish a

  4  charter school, which occurs as a direct result of that

  5  involvement, and which results in one or more of the

  6  following: disciplinary or corrective action; adverse transfer

  7  or reassignment, whether temporary or permanent; suspension,

  8  demotion, or dismissal; an unfavorable performance evaluation;

  9  a reduction in pay, benefits, or rewards; elimination of the

10  employee's position absent of a reduction in force as a result

11  of lack of moneys or work; or other adverse significant

12  changes in duties or responsibilities that are inconsistent

13  with the employee's salary or employment classification. The

14  following procedures shall apply to an alleged unlawful

15  reprisal which occurs as a consequence of an employee's direct

16  or indirect involvement with an application to establish a

17  charter school:

18         1.  Within 60 days after a reprisal prohibited by this

19  subsection, an employee may file a complaint with the

20  Department of Education.

21         2.  Within 3 working days after receiving a complaint

22  under this section, the department shall acknowledge receipt

23  of the complaint and provide copies of the complaint and any

24  other relevant preliminary information available to each of

25  the other parties named in the complaint, which parties shall

26  each acknowledge receipt of such copies to the complainant.

27         3.  If the department determines that the complaint

28  demonstrates reasonable cause to suspect that an unlawful

29  reprisal has occurred, the department shall conduct an

30  investigation to produce a fact-finding report.

31

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  1         4.  Within 90 days after receiving the complaint, the

  2  department shall provide the superintendent of schools of the

  3  complainant's district and the complainant with a fact-finding

  4  report that may include recommendations to the parties or

  5  proposed resolution of the complaint. The fact-finding report

  6  shall be presumed admissible in any subsequent or related

  7  administrative or judicial review.

  8         5.  If the department determines that reasonable

  9  grounds exist to believe that an unlawful reprisal has

10  occurred, is occurring, or is to be taken, and is unable to

11  conciliate a complaint within 60 days after receipt of the

12  fact-finding report, the department shall terminate the

13  investigation. Upon termination of any investigation, the

14  department shall notify the complainant and the superintendent

15  of schools of the termination of the investigation, providing

16  a summary of relevant facts found during the investigation and

17  the reasons for terminating the investigation. A written

18  statement under this paragraph is presumed admissible as

19  evidence in any judicial or administrative proceeding.

20         6.  The department shall either contract with the

21  Division of Administrative Hearings under s. 120.65, or

22  otherwise provide for a complaint for which the department

23  determines reasonable grounds exist to believe that an

24  unlawful reprisal has occurred, is occurring, or is to be

25  taken, and is unable to conciliate, to be heard by a panel of

26  impartial persons. Upon hearing the complaint, the panel must

27  make findings of fact and conclusions of law for a final

28  decision by the department.

29

30  It shall be an affirmative defense to any action brought

31  pursuant to this section that the adverse action was

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  1  predicated upon grounds other than, and would have been taken

  2  absent, the employee's exercise of rights protected by this

  3  section.

  4         (c)  In any action brought under this section for which

  5  it is determined reasonable grounds exist to believe that an

  6  unlawful reprisal has occurred, is occurring, or is to be

  7  taken, the relief must include the following:

  8         1.  Reinstatement of the employee to the same position

  9  held before the unlawful reprisal was commenced, or to an

10  equivalent position, or payment of reasonable front pay as

11  alternative relief.

12         2.  Reinstatement of the employee's full fringe

13  benefits and seniority rights, as appropriate.

14         3.  Compensation, if appropriate, for lost wages,

15  benefits, or other lost remuneration caused by the unlawful

16  reprisal.

17         4.  Payment of reasonable costs, including attorney's

18  fees, to a substantially prevailing employee, or to the

19  prevailing employer if the employee filed a frivolous action

20  in bad faith.

21         5.  Issuance of an injunction, if appropriate, by a

22  court of competent jurisdiction.

23         6.  Temporary reinstatement to the employee's former

24  position or to an equivalent position, pending the final

25  outcome on the complaint, if it is determined that the action

26  was not made in bad faith or for a wrongful purpose, and did

27  not occur after a district school board's initiation of a

28  personnel action against the employee which includes

29  documentation of the employee's violation of a disciplinary

30  standard or performance deficiency.

31

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  1         (4)  SPONSOR.--A district school board may sponsor a

  2  charter school in the county over which the board has

  3  jurisdiction.

  4         (a)  A district school board shall receive and review

  5  all applications for a charter school. A district school board

  6  shall receive and consider charter school applications

  7  received on or before October 1 of each calendar year for

  8  charter schools to be opened at the beginning of the school

  9  district's next school year, or to be opened at a time agreed

10  to by the applicant and the district school board.  A district

11  school board may receive applications later than this date if

12  it chooses. A sponsor may not charge an applicant for a

13  charter any fee for the consideration of an application, and a

14  sponsor may not base its consideration of an application upon

15  the promise of future payment of any kind. In order to

16  facilitate an accurate budget projection process, a district

17  school board shall be held harmless for FTE students which are

18  not included in the FTE projection due to approval of charter

19  school applications after the FTE projection deadline. In a

20  further effort to facilitate an accurate budget projection,

21  within 15 calendar days after receipt of a charter school

22  application, a district school board or other sponsor shall

23  report to the Department of Education the name of the

24  applicant entity, the proposed charter school location, and

25  its projected FTE. A district school board must by a majority

26  vote approve or deny an application no later than 60 calendar

27  days after the application is received, unless the district

28  school board and the applicant mutually agree to temporarily

29  postpone the vote to a specific date, at which time the

30  district school board must by a majority vote approve or deny

31  the application. If the district school board fails to act on

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  1  the application, an applicant may appeal to the State Board of

  2  Education as provided in paragraph (b). If an application is

  3  denied, the district school board must, within 10 calendar

  4  days, articulate in writing the specific reasons based upon

  5  good cause supporting its denial of the charter application.

  6  For budget projection purposes, the district school board or

  7  other sponsor shall report to the department the approval or

  8  denial of a charter application within 10 calendar days after

  9  such approval or denial. In the event of approval, the report

10  to the department must include the final projected FTE for the

11  approved charter school. 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         (b)  An applicant may appeal any denial of that

17  applicant's application or failure to act on an application to

18  the State Board of Education no later than 30 calendar days

19  after receipt of the district school board's decision or

20  failure to act and shall notify the district school board of

21  its appeal.  Any response of the school board shall be

22  submitted to the state board within 30 calendar days after

23  notification of the appeal. The state board must by majority

24  vote accept or reject the decision of the district school

25  board no later than 60 calendar days after an appeal is filed

26  in accordance with state board rule.  The state board may

27  reject an appeal submission for failure to comply with

28  procedural rules governing the appeals process.  The rejection

29  shall describe the submission errors.  The appellant may have

30  up to 15 calendar days from notice of rejection to resubmit an

31  appeal that meets requirements of rule.  An application for

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  1  appeal submitted subsequent to such rejection shall be

  2  considered timely if the original appeal was filed within 30

  3  calendar days after receipt of the specific reasons for the

  4  school board's denial of the charter application the school

  5  board denial. The state board shall remand the application to

  6  the district school board with its written recommendation that

  7  the district board approve or deny the application consistent

  8  with the state board's decision. The decision of the State

  9  Board of Education is not subject to the provisions of the

10  Administrative Procedure Act, chapter 120.

11         (c)  The district school board must act upon the

12  decision recommendation of the State Board of Education within

13  30 calendar days after it is received. The district board may

14  fail to act in accordance with the recommendation of the state

15  board only for good cause. Good cause for failing to act in

16  accordance with the state board's recommendation arises only

17  if the district school board determines by competent

18  substantial evidence that approving the state board's

19  recommendation would be contrary to law or contrary to the

20  best interests of the pupils or the community. The district

21  school board must articulate in written findings the specific

22  reasons based upon good cause supporting its failure to act in

23  accordance with the state board's recommendation. The district

24  board's action on the state board's recommendation is a final

25  action subject to judicial review.

26         (d)  The Department of Education may provide technical

27  assistance to an applicant upon written request.

28         (e)  Paragraph (a) notwithstanding, a state university

29  may grant a charter to a developmental research school created

30  under s. 228.053.  In considering such charter, the state

31  university must consult with the district school board of the

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  1  county in which the developmental research school is located.

  2  The decision of a state university may be appealed pursuant to

  3  the procedure established in this subsection.

  4         (f)  The terms and conditions for the operation of a

  5  charter school shall be set forth by the sponsor and the

  6  applicant in a written contractual agreement, called a

  7  charter. The sponsor shall not impose unreasonable rules or

  8  regulations that violate the intent of giving charter schools

  9  greater flexibility to meet educational goals. The applicant

10  and sponsor shall have 6 months in which to mutually agree to

11  the provisions of the charter.  The Department of Education

12  shall provide mediation services for any dispute regarding

13  this section subsequent to the approval of a charter

14  application and for any dispute relating to the approved

15  charter, except disputes regarding charter school application

16  denials.  If the Commissioner of Education determines that the

17  dispute cannot be settled through mediation, the dispute may

18  be appealed to an administrative law judge appointed by the

19  Division of Administrative Hearings.  The administrative law

20  judge may rule on issues of equitable treatment of the charter

21  school as a public school, whether proposed provisions of the

22  charter violate the intended flexibility granted charter

23  schools by statute, or on any other matter regarding this

24  section except a charter school application denial, and shall

25  award the prevailing party reasonable attorney's fees and

26  costs incurred to be paid by the losing party.  The costs of

27  the administrative hearing shall be paid by the party whom the

28  administrative law judge rules against.

29         (g)  The sponsor shall monitor and review the charter

30  school in its progress towards the goals established in the

31  charter.

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  1         (h)  The sponsor shall monitor the revenues and

  2  expenditures of the charter school.

  3         (5)  NUMBER OF SCHOOLS.--

  4         (a)  The number of newly created charter schools is

  5  limited to no more than 28 in each school district that has

  6  100,000 or more students, no more than 20 in each school

  7  district that has 50,000 to 99,999 students, and no more than

  8  12 in each school district with fewer than 50,000 students.

  9         (b)  An existing public school which converts to a

10  charter school shall not be counted towards the limit

11  established by paragraph (a).

12

13  Notwithstanding any limit established by this subsection, a

14  district school board or a charter school applicant shall have

15  the right to request an increase of the limit on the number of

16  charter schools authorized to be established within the

17  district from the State Board of Education.

18         (5)(6)  ELIGIBLE STUDENTS.--

19         (a)  A charter school shall be open to any student

20  covered in an interdistrict agreement or residing in the

21  school district in which the charter school is located;

22  however, in the case of a developmental research school

23  created under s. 228.053 to which a charter has been issued

24  under paragraph (4)(e), the charter school shall be open to

25  any student eligible to attend the developmental research

26  school as provided in s. 228.053 or who resides in the school

27  district in which the charter school is located. Any eligible

28  student shall be allowed interdistrict transfer to attend a

29  charter school when based on good cause. When a public school

30  converts to charter status, enrollment preference shall be

31  given to students who would have otherwise attended that

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  1  public school. A charter school may give enrollment preference

  2  to a sibling of a student enrolled in the charter school, to

  3  the child of a member of the governing board of the charter

  4  school, or to the child of an employee of the charter school.

  5         (b)  The charter school shall enroll an eligible

  6  student who submits a timely application, unless the number of

  7  applications exceeds the capacity of a program, class, grade

  8  level, or building. In such case, all applicants shall have an

  9  equal chance of being admitted through a random selection

10  process. A charter school may establish reasonable academic,

11  artistic, or other standards as a condition for eligibility

12  for applicants if the standards are in accordance with current

13  law and practice in existing public schools and do not

14  discriminate against otherwise qualified individuals based on

15  disability or limited English proficiency. Such admission

16  criteria must be included in the charter school's application

17  and charter.

18         (c)  A charter school may limit the enrollment process

19  only to target the following student populations:

20         1.  Students within specific age groups or grade

21  levels.

22         2.  Students considered at risk of dropping out of

23  school or academic failure. Such students shall include

24  exceptional education students.

25         3.  Students enrolling in a charter

26  school-in-the-workplace established pursuant to subsection

27  (22).

28         4.  Students residing within a reasonable distance of

29  the charter school, as described in paragraph (13)(c). Such

30  students shall be subject to a random lottery and to the

31  racial/ethnic balance provisions described in subparagraph

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  1  (9)(a)8. or any federal provisions which require a school to

  2  achieve a racial/ethnic balance reflective of the community it

  3  serves or within the racial/ethnic range of other public

  4  schools in the same school district.

  5         (d)  A student may withdraw from a charter school at

  6  any time and enroll in another public school as determined by

  7  school board policy.

  8         (e)  Students with handicapping conditions and students

  9  served in English for Speakers of Other Languages programs

10  shall have an equal opportunity of being selected for

11  enrollment in a charter school.

12         (f)  The capacity of the charter school shall be

13  determined annually by the governing board of the charter

14  school in consideration of the factors identified in this

15  subsection. The sponsor must be notified of such changes in

16  the school's capacity prior to implementation.

17         (6)(7)  LEGAL ENTITY.--A charter school shall organize

18  as, or be operated by, a nonprofit organization. A charter

19  school may be operated by a municipality or other public

20  entity as provided for by law. As such, the charter school may

21  be either a private or a public employer.  As a public

22  employer, a charter school may participate in the Florida

23  Retirement System upon application and approval as a "covered

24  group" under s. 121.021(34). If a charter school participates

25  in the Florida Retirement System, the charter school employees

26  shall be compulsory members of the Florida Retirement System.

27  As either a private or a public employer, a charter school may

28  contract for services with an individual or group of

29  individuals who are organized as a partnership or a

30  cooperative. Individuals or groups of individuals who contract

31  their services to the charter school are not public employees.

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  1         (7)(8)  REQUIREMENTS.--

  2         (a)  A charter school shall be nonsectarian in its

  3  programs, admission policies, employment practices, and

  4  operations.

  5         (b)  A charter school shall admit students as provided

  6  in subsection (6).

  7         (c)  A charter school shall be accountable to its

  8  sponsor for performance as provided in subsection (9).

  9         (d)  A charter school shall not charge tuition or fees,

10  except those fees normally charged by other public schools.

11  However, a developmental research school to which a charter

12  has been issued pursuant to paragraph (4)(e) may charge a

13  student activity and service fee as authorized by s.

14  228.053(5).

15         (e)  A charter school shall meet all applicable state

16  and local health, safety, and civil rights requirements.

17         (f)  A charter school shall not violate the

18  antidiscrimination provisions of s. 228.2001.

19         (g)  A charter school shall be subject to an annual

20  financial audit in a manner similar to that of a school

21  district.

22         (h)  No organization shall hold more than 15 charters

23  statewide.

24         (i)  In order to provide financial information that is

25  comparable to that reported for other public schools, charter

26  schools are to maintain all financial records which constitute

27  their accounting system in accordance with the accounts and

28  codes prescribed in the most recent issuance of the

29  publication titled "Financial and Program Cost Accounting and

30  Reporting for Florida Schools." Charter schools are to provide

31  annual financial report and program cost report information in

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  1  the state-required formats for inclusion in district reporting

  2  in compliance with s. 236.02(1). Charter schools which are

  3  operated by a municipality or are a component unit of a parent

  4  nonprofit organization may use the accounting system of the

  5  municipality or the parent, but must reformat this information

  6  for reporting according to this paragraph. At the discretion

  7  of the charter school governing board, a charter school may

  8  elect to follow generally accepted accounting principles for

  9  not-for-profit organizations, but must reformat this

10  information for reporting according to this paragraph.

11         (8)(9)  CHARTER.--The major issues involving the

12  operation of a charter school shall be considered in advance

13  and written into the charter. The charter shall be signed by

14  the governing body of the charter school and the sponsor,

15  following a public hearing to ensure community input.

16         (a)  The charter shall address, and criteria for

17  approval of the charter shall be based on:

18         1.  The school's mission, the students to be served,

19  and the ages and grades to be included.

20         2.  The focus of the curriculum, the instructional

21  methods to be used, and any distinctive instructional

22  techniques to be employed.

23         3.  The current incoming baseline standard of student

24  academic achievement, the outcomes to be achieved, and the

25  method of measurement that will be used. This section shall

26  include a detailed description for each of the following:

27         a.  How the baseline student academic achievement

28  levels and prior rates of academic progress will be

29  established.

30

31

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  1         b.  How these baseline rates will be compared to rates

  2  of academic progress achieved by these same students while

  3  attending the charter school.

  4         c.  To the extent possible, how these rates of progress

  5  will be evaluated and compared with rates of progress of other

  6  closely comparable student populations.

  7         4.  The methods used to identify the educational

  8  strengths and needs of students and how well educational goals

  9  and performance standards are met by students attending the

10  charter school. Students in charter schools shall, at a

11  minimum, participate in the statewide assessment program.

12         5.  In secondary charter schools, a method for

13  determining that a student has satisfied the requirements for

14  graduation in s. 232.246.

15         6.  A method for resolving conflicts between the

16  governing body of the charter school and the sponsor.

17         7.  The admissions procedures and dismissal procedures,

18  including the school's code of student conduct.

19         8.  The ways by which the school will achieve a

20  racial/ethnic balance reflective of the community it serves or

21  within the racial/ethnic range of other public schools in the

22  same school district.

23         9.  The financial and administrative management of the

24  school, including a reasonable demonstration of the

25  professional experience or competence of those individuals or

26  organizations applying to operate the charter school or those

27  hired or retained to perform such professional services. Both

28  public sector and private sector professional experience shall

29  be equally valid in such a consideration.

30         10.  The manner in which the school will be insured,

31  including whether or not the school will be required to have

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  1  liability insurance, and, if so, the terms and conditions

  2  thereof and the amounts of coverage.

  3         11.  The term of the charter which shall provide for

  4  cancellation of the charter if insufficient progress has been

  5  made in attaining the student achievement objectives of the

  6  charter and if it is not likely that such objectives can be

  7  achieved before expiration of the charter. The initial term of

  8  a charter shall be for 3, 4, or 5 years. In order to

  9  facilitate access to long-term financial resources for charter

10  school construction, charter schools that are operated by a

11  municipality or other public entity as provided by law are

12  eligible for up to a 15-year charter, subject to approval by

13  the local school board. A developmental research school is

14  eligible for a charter for a term of up to 15 years issued by

15  a state university pursuant to paragraph (4)(e). In addition,

16  to facilitate access to long-term financial resources for

17  charter school construction, charter schools that are operated

18  by a private, not-for-profit, s. 501(c)(3) status corporation

19  are eligible for up to a 10-year charter, subject to approval

20  by the local school board. Such long-term charters remain

21  subject to annual review and may be terminated during the term

22  of the charter, but only for specific good cause according to

23  the provisions set forth in subsection (10).

24         12.  The facilities to be used and their location.

25         13.  The qualifications to be required of the teachers.

26         14.  The governance structure of the school, including

27  the status of the charter school as a public or private

28  employer as required in subsection (7).

29         15.  A timetable for implementing the charter which

30  addresses the implementation of each element thereof and the

31

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  1  date by which the charter shall be awarded in order to meet

  2  this timetable.

  3         16.  In the case of an existing public school being

  4  converted to charter status, alternative arrangements for

  5  current students who choose not to attend the charter school

  6  and for current teachers who choose not to teach in the

  7  charter school after conversion in accordance with the

  8  existing collective bargaining agreement or school board

  9  policy in the absence of a collective bargaining agreement.

10  However, alternative arrangements shall not be required for

11  current teachers who choose not to teach in a developmental

12  research school to which a charter has been issued pursuant to

13  paragraph (4)(e), except as authorized by the employment

14  policies of the state university which grants the charter to

15  the developmental research school.

16         (b)  A charter may be renewed every 5 school years,

17  provided that a program review demonstrates that the criteria

18  in paragraph (a) have been successfully accomplished and that

19  none of the grounds for nonrenewal established by paragraph

20  (10)(a) have been documented. In order to facilitate long-term

21  financing for charter school construction, charter schools

22  operating for a minimum of 2 years and demonstrating exemplary

23  academic programming and fiscal management are eligible for a

24  15-year charter renewal. Such long-term charter is subject to

25  annual review and may be terminated during the term of the

26  charter.

27         (c)  A charter may be modified during its initial term

28  or any renewal term upon the recommendation of the sponsor or

29  the charter school governing board and the approval of both

30  parties to the agreement.

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  1         (d)  The governing body of the charter school shall

  2  make annual progress reports to its sponsor, which upon

  3  verification shall be forwarded to the Commissioner of

  4  Education at the same time as other annual school

  5  accountability reports.  The report shall contain at least the

  6  following information:

  7         1.  The charter school's progress towards achieving the

  8  goals outlined in its charter.

  9         2.  The information required in the annual school

10  report pursuant to s. 229.592.

11         3.  Financial records of the charter school, including

12  revenues and expenditures.

13         4.  Salary and benefit levels of charter school

14  employees.

15         (e)  A sponsor shall ensure that the charter is

16  innovative and consistent with the state education goals

17  established by s. 229.591.

18         (f)  Upon receipt of the annual report required by

19  paragraph (d), the Department of Education shall provide to

20  the State Board of Education, the Commissioner of Education,

21  the President of the Senate, and the Speaker of the House of

22  Representatives an analysis and comparison of the overall

23  performance of charter school students, to include all

24  students whose scores are counted as part of the state

25  assessment program, versus comparable public school students

26  in the district as determined by the state assessment program

27  currently administered in the school district, and, as

28  appropriate, the Florida Writes Assessment Test, the High

29  School Competency Test, and other assessments administered

30  pursuant to s. 229.57(3).

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  1         (g)  Whenever a municipality has submitted charter

  2  applications for the establishment of a charter school feeder

  3  pattern (elementary, middle, and senior high schools), and

  4  upon approval of each individual charter application by the

  5  district school board, such applications will then be

  6  designated as one charter for all purposes listed pursuant to

  7  this section.

  8         (9)(10)  CAUSES FOR NONRENEWAL OR TERMINATION.--

  9         (a)  At the end of the term of a charter, the sponsor

10  may choose not to renew the charter for any of the following

11  grounds:

12         1.  Failure to meet the requirements for student

13  performance stated in the charter.

14         2.  Failure to meet generally accepted standards of

15  fiscal management.

16         3.  Violation of law.

17         4.  Other good cause shown.

18         (b)  During the term of a charter, the sponsor may

19  terminate the charter for any of the grounds listed in

20  paragraph (a).

21         (c)  At least 90 days prior to renewing or terminating

22  a charter, the sponsor shall notify the governing body of the

23  school of the proposed action in writing.  The notice shall

24  state in reasonable detail the grounds for the proposed action

25  and stipulate that the school's governing body may, within 14

26  calendar days after receiving the notice, request an informal

27  hearing before the sponsor. The sponsor shall conduct the

28  informal hearing within 30 calendar days after receiving a

29  written request. The charter school's governing body may,

30  within 14 calendar days after receiving the sponsor's decision

31  to terminate or refuse to renew the charter, appeal the

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  1  decision pursuant to the procedure established in subsection

  2  (4).

  3         (d)  A charter may be terminated immediately if the

  4  sponsor determines that good cause has been shown or if the

  5  health, safety, or welfare of the students is threatened. The

  6  school district in which the charter school is located shall

  7  assume operation of the school under these circumstances. The

  8  charter school's governing board may, within 14 days after

  9  receiving the sponsor's decision to terminate the charter,

10  appeal the decision pursuant to the procedure established in

11  subsection (4).

12         (e)  When a charter is not renewed or is terminated,

13  the school shall be dissolved under the provisions of law

14  under which the school was organized, and any unencumbered

15  funds from the charter school shall revert to the district

16  school board.  In the event a charter school is dissolved or

17  is otherwise terminated, all district school board property

18  and improvements, furnishings, and equipment purchased with

19  public funds shall automatically revert to full ownership by

20  the district school board, subject to complete satisfaction of

21  any lawful liens or encumbrances.

22         (f)  If a charter is not renewed or is terminated, the

23  charter school governing body of the school is responsible for

24  all debts of the charter school. The district may not assume

25  the debt from any contract for services made between the

26  governing body of the school and a third party, except for a

27  debt that is previously detailed and agreed upon in writing by

28  both the district and the governing body of the school and

29  that may not reasonably be assumed to have been satisfied by

30  the district.

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  1         (g)  If a charter is not renewed or is terminated, a

  2  student who attended the school may apply to, and shall be

  3  enrolled in, another public school. Normal application

  4  deadlines shall be disregarded under such circumstances.

  5         (10)(11)  EXEMPTION FROM STATUTES.--A charter school

  6  shall operate in accordance with its charter and shall be

  7  exempt from all statutes of the Florida School Code, except

  8  those specifically applying to charter schools; those

  9  pertaining to the provision of services to students with

10  disabilities; those pertaining to civil rights, including s.

11  228.2001, relating to discrimination; and those pertaining to

12  student health, safety, and welfare; or as otherwise required

13  by this section. A charter school shall not be exempt from the

14  following statutes:  chapter 119, relating to public records,

15  and s. 286.011, relating to public meetings and records,

16  public inspection, and penalties. The charter school's

17  governing board sponsor, upon request of a charter school, may

18  apply to the Commissioner of Education for a waiver of

19  provisions of chapters 230-239 which are applicable to charter

20  schools under this section, except that the provisions of

21  chapter 236 or chapter 237 shall not be eligible for waiver if

22  the waiver would affect funding allocations or create inequity

23  in public school funding. The Commissioner of Education must

24  confirm receipt of a waiver request from a charter school by

25  providing a copy of the request to the sponsoring district.

26  The commissioner may grant the waiver if necessary to

27  implement the school program.

28         (11)(12)  EMPLOYEES OF CHARTER SCHOOLS.--

29         (a)  A charter school shall select its own employees. A

30  charter school may contract with its sponsor for the services

31  of personnel employed by the sponsor.

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  1         (b)  Charter school employees shall have the option to

  2  bargain collectively.  Employees may collectively bargain as a

  3  separate unit or as part of the existing district collective

  4  bargaining unit as determined by the structure of the charter

  5  school.

  6         (c)  The employees of a conversion charter school shall

  7  remain public employees for all purposes, unless such

  8  employees choose not to do so.

  9         (d)  The teachers at a charter school may choose to be

10  part of a professional group that subcontracts with the

11  charter school to operate the instructional program under the

12  auspices of a partnership or cooperative that they

13  collectively own. Under this arrangement, the teachers would

14  not be public employees.

15         (e)  Employees of a school district may take leave to

16  accept employment in a charter school upon the approval of the

17  district school board. While employed by the charter school

18  and on leave that is approved by the school board, the

19  employee may retain seniority accrued in that school district

20  and may continue to be covered by the benefit programs of that

21  school district, if the charter school and the district school

22  board agree to this arrangement and its financing. School

23  districts shall not require resignations of teachers desiring

24  to teach in a charter school. This paragraph shall not

25  prohibit a school board from approving alternative leave

26  arrangements consistent with chapter 231.

27         (f)  Except as otherwise provided by law, teachers

28  employed by or under contract to a charter school shall be

29  certified as required by chapter 231. A charter school

30  governing board may employ or contract with skilled selected

31  noncertified personnel to provide instructional services or to

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  1  assist instructional staff members as education

  2  paraprofessionals in the same manner as defined in chapter

  3  231, as determined by the governing board's procedures or

  4  policies, and as provided by State Board of Education rule for

  5  charter school governing boards. The charter school's

  6  governing board will approve teachers who are teaching outside

  7  their field of certification. A charter school may not employ

  8  an individual to provide instructional services or to serve as

  9  an education paraprofessional if the individual's

10  certification or licensure as an educator is suspended or

11  revoked by this or any other state. A charter school may not

12  knowingly employ an individual who has resigned from a school

13  district in lieu of disciplinary action with respect to child

14  welfare or safety, or who has been dismissed for just cause by

15  any school district with respect to child welfare or safety.

16  The qualifications of teachers shall be disclosed to parents.

17         (g)  A charter school shall employ or contract with

18  employees who have been fingerprinted as provided in s.

19  231.02. Members of the governing board of the charter school

20  shall also be fingerprinted in a manner similar to that

21  provided in s. 231.02.

22         (12)(13)  REVENUE.--Students enrolled in a charter

23  school, regardless of the sponsorship, shall be funded as if

24  they are in a basic program or a special program, the same as

25  students enrolled in other public schools in the school

26  district. Funding for a chartered developmental research

27  school shall be as provided in s. 228.053(9).

28         (a)  Each charter school shall report its student

29  enrollment to the district school board as required in s.

30  236.081, and in accordance with the definitions in s. 236.013.

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  1  The district school board shall include each charter school's

  2  enrollment in the district's report of student enrollment.

  3         (b)  The basis for the agreement for funding students

  4  enrolled in a charter school shall be the sum of the school

  5  district's operating funds from the Florida Education Finance

  6  Program as provided in s. 236.081 and the General

  7  Appropriations Act, including gross state and local funds,

  8  discretionary lottery funds, and funds from the school

  9  district's current operating discretionary millage levy;

10  divided by total funded weighted full-time equivalent students

11  in the school district; multiplied by the weighted full-time

12  equivalent students for the charter school.  Charter schools

13  whose students or programs meet the eligibility criteria in

14  law shall be entitled to their proportionate share of

15  categorical program funds included in the total funds

16  available in the Florida Education Finance Program by the

17  Legislature, including transportation.  Total funding for each

18  charter school will be recalculated during the year to reflect

19  the revised calculations under the Florida Education Finance

20  Program by the state and the actual weighted full-time

21  equivalent students reported by the charter school during the

22  full-time equivalent student survey periods designated by the

23  Commissioner of Education.

24         (c)  Transportation of charter school students shall be

25  provided by the charter school consistent with the

26  requirements of chapter 234. The governing body of the charter

27  school may provide transportation through an agreement or

28  contract with the district school board, a private provider,

29  or parents. The charter school and the sponsor shall cooperate

30  in making arrangements that ensure that transportation is not

31  a barrier to equal access for all students residing within a

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  1  reasonable distance of the charter school as determined in its

  2  charter.

  3         (d)  If the district school board is providing programs

  4  or services to students funded by federal funds, any eligible

  5  students enrolled in charter schools in the school district

  6  shall be provided federal funds for the same level of service

  7  provided students in the schools operated by the district

  8  school board. Pursuant to provisions of 20 U.S.C. 8061 s.

  9  10306, all charter schools shall receive all federal funding

10  for which the school is otherwise eligible, including Title I

11  funding, not later than 5 months after the charter school

12  first opens and within 5 months after any subsequent expansion

13  of enrollment.

14         (e)  Any administrative fee charged by the school

15  district relating to a charter school shall be limited to 5

16  percent of the available funds as defined in paragraph (b).

17  The sponsor may not withhold an administrative fee from

18  capital outlay funds, federal and state grants, or any other

19  funds unless explicitly provided by law. The sponsor shall

20  provide certain administrative and educational services to

21  charter schools at no additional fee. These services shall

22  include contract management services, FTE and data reporting,

23  including the FTE reporting system required by the district,

24  exceptional student education administration, test

25  administration, processing of teacher certificate data, and

26  information services. For purposes of this paragraph, the term

27  "information services" includes, but is not limited to,

28  electronic mail, internet access, daily mail courier, and

29  other information services as defined in the charter.

30         (f)  School boards shall make every effort to ensure

31  that charter schools receive timely and efficient

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  1  reimbursement, including processing paperwork required to

  2  access special state and federal funding for which they may be

  3  eligible. The district school board may distribute funds to a

  4  charter school for up to 3 months based on the projected

  5  full-time equivalent student membership of the charter school.

  6  Thereafter, the results of full-time equivalent student

  7  membership surveys must be used in adjusting the amount of

  8  funds distributed monthly to the charter school for the

  9  remainder of the fiscal year. The payment shall be issued no

10  later than 10 working days after the district school board

11  receives a distribution of state or federal funds. If a

12  warrant for payment is not issued within 30 working days after

13  receipt of funding by the district school board, the school

14  district shall pay to the charter school, in addition to the

15  amount of the scheduled disbursement, interest at a rate of 1

16  percent per month calculated on a daily basis on the unpaid

17  balance from the expiration of the 30-day period until such

18  time as the warrant is issued.

19         (g)  If a district school board facility or property is

20  available because it is surplus, marked for disposal, or

21  otherwise unused, it shall be provided for a charter school's

22  use on the same basis as it is made available to other public

23  schools in the district.  A charter school receiving property

24  from the school district may not sell or dispose of such

25  property without written permission of the school district.

26  Similarly, for an existing public school converting to charter

27  status, no rental or leasing fee for the existing facility or

28  for the property normally inventoried to the conversion school

29  may be charged by the district school board to the parents and

30  teachers organizing the charter school.  The charter

31  organizers shall agree to reasonable maintenance provisions in

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  1  order to maintain the facility in a manner similar to district

  2  school board standards.

  3         (h)  If other goods and services are made available to

  4  the charter school through the contract with the school

  5  district, they shall be provided to the charter school at a

  6  rate no greater than the district's actual cost. To maximize

  7  the use of state funds, school districts shall allow charter

  8  schools to participate in the sponsor's bulk purchasing

  9  program if applicable.

10         (13)(14)  IMMUNITY.--For the purposes of tort

11  liability, the governing body and employees of a charter

12  school shall be governed by s. 768.28.

13         (14)(15)  LENGTH OF SCHOOL YEAR.--A charter school

14  shall provide instruction for at least the number of days

15  required by law for other public schools, and may provide

16  instruction for additional days.

17         (15)(16)  FACILITIES.--

18         (a)  A charter school shall utilize facilities which

19  comply with the State Uniform Building Code for Public

20  Educational Facilities Construction adopted pursuant to s.

21  235.26 or with applicable state minimum building codes

22  pursuant to chapter 553 and state minimum fire protection

23  codes pursuant to s. 633.025, as adopted by the authority in

24  whose jurisdiction the facility is located.

25         (b)  Any facility, or portion thereof, used to house a

26  charter school whose charter has been approved by the sponsor

27  and the governing board, pursuant to subsection (9), shall be

28  exempt from ad valorem taxes pursuant to s. 196.1983.

29         (c)  After January 1, 2001, charter school facilities

30  shall utilize facilities which comply with the Florida

31

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  1  Building Code, pursuant to chapter 553, and the Florida Fire

  2  Prevention Code, pursuant to chapter 633.

  3         (16)(17)  INITIAL COSTS.--A sponsor may approve a

  4  charter for a charter school before the applicant has secured

  5  space, equipment, or personnel, if the applicant indicates

  6  approval is necessary for it to raise working capital.

  7         (17)(18)  INFORMATION.--The Department of Education

  8  shall provide information to the public, directly and through

  9  sponsors, both on how to form and operate a charter school and

10  on how to enroll in charter schools once they are created.

11  This information shall include a standard application format

12  which shall include the information specified in subsection

13  (9). This application format may be used by chartering

14  entities.

15         (18)(19)  GENERAL AUTHORITY.--A charter school shall

16  not levy taxes or issue bonds secured by tax revenues.

17         (19)(20)  REVIEW.--

18         (a)  The Department of Education shall regularly

19  convene a Charter School Review Panel in order to review

20  issues, practices, and policies regarding charter schools. The

21  composition of the review panel shall include individuals with

22  experience in finance, administration, law, education, and

23  school governance, and individuals familiar with charter

24  school construction and operation. The panel shall include two

25  appointees each from the Commissioner of Education, the

26  President of the Senate, and the Speaker of the House of

27  Representatives. The Governor shall appoint three members of

28  the panel and shall designate the chair. Each member of the

29  panel shall serve a 1-year term, unless renewed by the office

30  making the appointment. The panel shall make recommendations

31  to the Legislature, to the Department of Education, to charter

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  1  schools, and to school districts for improving charter school

  2  operations and oversight and for ensuring best business

  3  practices at and fair business relationships with charter

  4  schools.

  5         (b)  The Legislature shall review the operation of

  6  charter schools during the 2005 Regular Session of the

  7  Legislature.

  8         (20)(21)  RULEMAKING.--The Department of Education,

  9  after consultation with school districts and charter school

10  directors, shall recommend that the State Board of Education

11  adopt rules to implement specific subsections of this section.

12  Such rules shall require minimum paperwork and shall not limit

13  charter school flexibility authorized by statute.

14         (21)(22)  CHARTER SCHOOLS-IN-THE-WORKPLACE.--

15         (a)  In order to increase business partnerships in

16  education, to reduce school and classroom overcrowding

17  throughout the state, and to offset the high costs for

18  educational facilities construction, the Legislature intends

19  to encourage the formation of business partnership schools or

20  satellite learning centers through charter school status.

21         (b)  A charter school-in-the-workplace may be

22  established when a business partner provides the school

23  facility to be used; enrolls students based upon a random

24  lottery which involves all of the children of employees of

25  that business or corporation who are seeking enrollment, as

26  provided for in subsection (6); and enrolls students according

27  to the racial/ethnic balance provisions described in

28  subparagraph (9)(a)8. Any portion of a facility used for a

29  public charter school shall be exempt from ad valorem taxes,

30  as provided for in s. 235.198, for the duration of its use as

31  a public school.

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  1         (c)  For purposes of this section, the term "business

  2  partner" or "employer" may include more than one business or

  3  employer in the information of a workplace school.

  4         Section 2.  Section 228.0561, Florida Statutes, is

  5  amended to read:

  6         228.0561  Charter schools capital outlay funding.--

  7         (1)  In each year in which funds are appropriated for

  8  charter school capital outlay purposes, the Commissioner of

  9  Education shall allocate the funds among eligible charter

10  schools.  To be eligible for a funding allocation, a charter

11  school must meet the provisions of subsection (6), must have

12  received final approval from its sponsor pursuant to s.

13  228.056 for operation during that fiscal year, and must serve

14  students in facilities that are not provided by the charter

15  school's sponsor.  Prior to the release of capital outlay

16  funds to a school district on behalf of the charter school,

17  the Department of Education shall ensure that the district

18  school board and the charter school governing board enter into

19  a written agreement that includes provisions for the reversion

20  of any unencumbered funds and all equipment and property

21  purchased with public education funds to the ownership of the

22  district school board, as provided for in subsection (3), in

23  the event that the school terminates operations.  Any funds

24  recovered by the state shall be deposited in the General

25  Revenue Fund.  A charter school is not eligible for a funding

26  allocation if it was created by the conversion of a public

27  school and operates in facilities provided by the charter

28  school's sponsor for a nominal fee or at no charge. Unless

29  otherwise provided in the General Appropriations Act, the

30  funding allocation for each eligible charter school shall be

31  determined by multiplying the school's projected student

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  1  enrollment by one-fifteenth of the cost-per-student station

  2  specified in s. 235.435(6)(b) for an elementary, middle, or

  3  high school, as appropriate.  If the funds appropriated are

  4  not sufficient, the commissioner shall prorate the available

  5  funds among eligible charter schools. Funds shall be

  6  distributed on the basis of the capital outlay full-time

  7  equivalent membership by grade level, which shall be

  8  calculated by averaging the results of the second and third

  9  enrollment surveys. Ninety Sixty percent of the funds shall be

10  distributed after the second enrollment survey, and the

11  balance shall be distributed after the third enrollment

12  survey. The commissioner shall adjust subsequent distributions

13  as necessary to reflect each charter school's actual student

14  enrollment.  The commissioner shall establish the intervals

15  and procedures for determining the projected and actual

16  student enrollment of eligible charter schools.

17         (2)  A charter school's governing body may use charter

18  school capital outlay funds for any capital outlay purpose

19  that is directly related to the functioning of the charter

20  school, including the:

21         (a)  Purchase of real property.

22         (b)  Construction, renovation, repair, and maintenance

23  of school facilities. Nonbonded funds may be used for

24  maintenance, and repair may include custodial and

25  groundskeeping functions.

26         (c)  Purchase, lease-purchase, or lease of permanent or

27  relocatable school facilities.

28         (d)  Purchase of vehicles to transport students to and

29  from the charter school.

30         (e)  Purchase with nonbonded funds of property

31  insurance, flood insurance, windstorm insurance, or any other

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  1  insurance having a direct nexus to the charter-school

  2  facility.

  3         (3)  When a charter school is nonrenewed or terminated,

  4  any unencumbered funds and all equipment and property

  5  purchased with district public funds shall revert to the

  6  ownership of the district school board, as provided for in s.

  7  228.056(10)(e) and (f). In the case of a developmental

  8  research school established pursuant to s. 228.053 to which a

  9  charter has been issued, any unencumbered funds and all

10  equipment and property purchased with university public funds

11  shall revert to the ownership of the state university that

12  issued the charter. The reversion of such equipment, property,

13  and furnishings shall focus on recoverable assets, but not on

14  intangible or irrecoverable costs such as rental or leasing

15  fees, normal maintenance, and limited renovations. The

16  reversion of all property secured with public funds is subject

17  to the complete satisfaction of all lawful liens or

18  encumbrances. If there are additional local issues such as the

19  shared use of facilities or partial ownership of facilities or

20  property, these issues shall be agreed to in the charter

21  contract prior to the expenditure of funds.

22         (4)  The Commissioner of Education shall specify

23  procedures for submitting and approving requests for funding

24  under this section and procedures for documenting

25  expenditures.

26         (5)  The annual legislative budget request of the

27  Department of Education shall include a request for capital

28  outlay funding for charter schools.  The request shall be

29  based on the projected number of students to be served in

30  charter schools who meet the eligibility requirements of this

31  section.

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    Florida Senate - 2001                                  SB 1972
    1-1184-01




  1         (6)  Unless authorized otherwise by the Legislature,

  2  allocation and proration of charter school capital outlay

  3  funds shall be made to eligible charter schools by the

  4  Commissioner of Education in an amount and in a manner

  5  authorized by subsection (1).

  6         Section 3.  This act shall take effect upon becoming a

  7  law.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Revises numerous provisions regarding charter schools,
      including conversion charter school requirements,
12    application fees, limitations on the number of charter
      schools, limitations on admissions, charter-school
13    capacities, rights of appeal, exemptions from certain
      requirements, staffing requirements, district
14    administrative fees, funding for facilities, and
      requirements relating to charter schools in the
15    workplace. (See bill for details).

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