Senate Bill sb1972c1
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Florida Senate - 2001 CS for SB 1972
By the Committee on Education and Senator Peaden
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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; amending s.
28 228.058, F.S.; requiring public schools in a
29 charter district to vote by a time certain to
30 convert to a charter school; amending s.
31 232.425, F.S.; authorizing charter school
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1 students to participate at the public school to
2 which the student would be assigned in any
3 interscholastic extracurricular activity of
4 that school; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 228.056, Florida Statutes, is
9 amended to read:
10 228.056 Charter schools.--
11 (1) AUTHORIZATION.--The creation of charter schools is
12 hereby authorized. Charter schools shall be part of the
13 state's program of public education. All charter schools in
14 Florida are fully recognized as public schools. A charter
15 school may be formed by creating a new school or converting an
16 existing public school to charter status. A public school may
17 not use the term charter in its name unless it has been
18 approved under this section.
19 (2) PURPOSE.--The purpose of charter schools shall be
20 to:
21 (a) Improve student learning.
22 (b) Increase learning opportunities for all students,
23 with special emphasis on expanded learning experiences for
24 students who are identified as academically low achieving.
25 (c) Encourage the use of different and innovative
26 learning methods.
27 (d) Increase choice of learning opportunities for
28 students.
29 (e) Establish a new form of accountability for
30 schools.
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1 (f) Require the measurement of learning outcomes and
2 create innovative measurement tools.
3 (g) Make the school the unit for improvement.
4 (h) Create new professional opportunities for
5 teachers, including the opportunity to own the learning
6 program at the school site.
7 (i) Provide rigorous competition within the public
8 school district to stimulate continual improvement in all
9 public schools.
10 (j) Provide additional academic choices for parents
11 and students.
12 (k) Expand the capacity of the public school system.
13 (3) APPLICATION; UNLAWFUL REPRISAL.--
14 (a)1. An application for a new charter school may be
15 made by an individual, teachers, parents, a group of
16 individuals, a municipality, or a legal entity organized under
17 the laws of this state.
18 2. The district school board or the principal,
19 teachers, parents, and/or the school advisory council at an
20 existing public school that has been in operation for at least
21 2 years prior to the application to convert, including a
22 public school-within-a-school that is designated as a school
23 by the district school board, shall submit any application for
24 converting the school to a charter school. An application
25 submitted proposing to convert an existing public school to a
26 charter school shall demonstrate the support of at least 50
27 percent of the teachers employed at the school and 50 percent
28 of the parents voting whose children are enrolled at the
29 school, provided that a majority of the parents eligible to
30 vote participate in the ballot process, according to
31 procedures established by rules of the state board. A district
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1 school board denying an application for a conversion charter
2 school shall provide notice of denial to the applicants in
3 writing within 30 days after the meeting at which the school
4 board denied the application. The notice must specify the
5 exact reasons for denial and must provide documentation
6 supporting those reasons. A private school, parochial school,
7 or home education program shall not be eligible for charter
8 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
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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.
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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 of each calendar year for
22 charter schools to be opened at the beginning of the school
23 district's next school year, or to be opened at a time agreed
24 to by the applicant and the district school board. A district
25 school board may receive applications later than this date if
26 it chooses. A sponsor may not charge an applicant for a
27 charter any fee for the processing or consideration of an
28 application, and a sponsor may not base its consideration or
29 approval of an application upon the promise of future payment
30 of any kind.
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1 1. In order to facilitate an accurate budget
2 projection process, a district school board shall be held
3 harmless for FTE students which are not included in the FTE
4 projection due to approval of charter school applications
5 after the FTE projection deadline. In a further effort to
6 facilitate an accurate budget projection, within 15 calendar
7 days after receipt of a charter school application, a district
8 school board or other sponsor shall report to the Department
9 of Education the name of the applicant entity, the proposed
10 charter school location, and its projected FTE.
11 2. A district school board must by a majority vote
12 approve or deny an application no later than 60 calendar days
13 after the application is received, unless the district school
14 board and the applicant mutually agree to temporarily postpone
15 the vote to a specific date, at which time the district school
16 board must by a majority vote approve or deny the application.
17 If the district school board fails to act on the application,
18 an applicant may appeal to the State Board of Education as
19 provided in paragraph (b). If an application is denied, the
20 district school board must, within 10 calendar days,
21 articulate in writing the specific reasons based upon good
22 cause supporting its denial of the charter application.
23 3. For budget projection purposes, the district school
24 board or other sponsor shall report to the department the
25 approval or denial of a charter application within 10 calendar
26 days after such approval or denial. In the event of approval,
27 the report to the department must include the final projected
28 FTE for the approved charter school.
29 4. Upon approval of a charter application, the initial
30 startup must commence be consistent with the beginning of the
31 public school calendar for the district in which the charter
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1 is granted unless the district school board allows a waiver of
2 this provision for good cause.
3 (b) An applicant may appeal any denial of that
4 applicant's application or failure to act on an application to
5 the State Board of Education no later than 30 calendar days
6 after receipt of the district school board's decision or
7 failure to act and shall notify the district school board of
8 its appeal. Any response of the school board shall be
9 submitted to the state board within 30 calendar days after
10 notification of the appeal. The state board must by majority
11 vote accept or reject the decision of the district school
12 board no later than 60 calendar days after an appeal is filed
13 in accordance with state board rule. The state board may
14 reject an appeal submission for failure to comply with
15 procedural rules governing the appeals process. The rejection
16 shall describe the submission errors. The appellant may have
17 up to 15 calendar days from notice of rejection to resubmit an
18 appeal that meets requirements of rule. An application for
19 appeal submitted subsequent to such rejection shall be
20 considered timely if the original appeal was filed within 30
21 calendar days after receipt of notice of the specific reasons
22 for the school board's denial of the charter application the
23 school board denial. The state board shall remand the
24 application to the district school board with its written
25 decision recommendation that the district board approve or
26 deny the application consistent with the state board's
27 decision. The decision of the State Board of Education is not
28 subject to the provisions of the Administrative Procedure Act,
29 chapter 120.
30 (c) The district school board must act in accordance
31 with the decision upon the recommendation of the State Board
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1 of Education within 30 calendar days after it is received. The
2 district board may fail to act in accordance with the
3 recommendation of the state board only for good cause. Good
4 cause for failing to act in accordance with the state board's
5 recommendation arises only if the district school board
6 determines by competent substantial evidence that approving
7 the state board's recommendation would be contrary to law or
8 contrary to the best interests of the pupils or the community.
9 The district school board must articulate in written findings
10 the specific reasons based upon good cause supporting its
11 failure to act in accordance with the state board's
12 recommendation. The district board's action on the state
13 board's recommendation is a final action subject to judicial
14 review.
15 (d) The Department of Education may provide technical
16 assistance to an applicant upon written request.
17 (e) Paragraph (a) notwithstanding, a state university
18 may grant a charter to a developmental research school created
19 under s. 228.053. In considering such charter, the state
20 university must consult with the district school board of the
21 county in which the developmental research school is located.
22 The decision of a state university may be appealed pursuant to
23 the procedure established in this subsection.
24 (f) The terms and conditions for the operation of a
25 charter school shall be set forth by the sponsor and the
26 applicant in a written contractual agreement, called a
27 charter. The sponsor shall not impose unreasonable rules or
28 regulations that violate the intent of giving charter schools
29 greater flexibility to meet educational goals. The applicant
30 and sponsor shall have 6 months in which to mutually agree to
31 the provisions of the charter. The Department of Education
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1 shall provide mediation services for any dispute regarding
2 this section subsequent to the approval of a charter
3 application and for any dispute relating to the approved
4 charter, except disputes regarding charter school application
5 denials. If the Commissioner of Education determines that the
6 dispute cannot be settled through mediation, the dispute may
7 be appealed to an administrative law judge appointed by the
8 Division of Administrative Hearings. The administrative law
9 judge may rule on issues of equitable treatment of the charter
10 school as a public school, whether proposed provisions of the
11 charter violate the intended flexibility granted charter
12 schools by statute, or on any other matter regarding this
13 section except a charter school application denial, and shall
14 award the prevailing party reasonable attorney's fees and
15 costs incurred to be paid by the losing party. The costs of
16 the administrative hearing shall be paid by the party whom the
17 administrative law judge rules against.
18 (g) The sponsor shall monitor and review the charter
19 school in its progress towards the goals established in the
20 charter.
21 (h) The sponsor shall monitor the revenues and
22 expenditures of the charter school.
23 (i) A charter school shall be exempt from the
24 sponsor's policies.
25 (5) CHARTER SCHOOL COOPERATIVES.--Charter schools may
26 enter into cooperative agreements to form charter school
27 cooperative organizations that may provide the following
28 services: charter school planning and development, direct
29 instructional services, contracts with charter school
30 governing boards to provide personnel administrative services,
31 payroll services, human resource management, evaluation and
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1 assessment services, teacher preparation, and professional
2 development.
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).
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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 (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.
11 (c) A charter school may limit the enrollment process
12 only to target the following student populations:
13 1. Students within specific age groups or grade
14 levels.
15 2. Students considered at risk of dropping out of
16 school or academic failure. Such students shall include
17 exceptional education students.
18 3. Students enrolling in a charter
19 school-in-the-workplace, charter school-in-a-development, or
20 charter school-in-a-municipality established pursuant to
21 subsection (22).
22 4. Students residing within a reasonable distance of
23 the charter school, as described in paragraph (13)(c). Such
24 students shall be subject to a random lottery and to the
25 racial/ethnic balance provisions described in subparagraph
26 (9)(a)8. or any federal provisions which require a school to
27 achieve a racial/ethnic balance reflective of the community it
28 serves or within the racial/ethnic range of other public
29 schools in the same school district.
30 5. Students who meet reasonable academic, artistic, or
31 other eligibility standards established by the charter school
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1 and included in the charter school application and charter or,
2 in the case of existing charter schools, standards that are
3 consistent with the school's mission and purpose. Such
4 standards must be in accordance with current state law and
5 practice in public schools and may not discriminate against
6 otherwise qualified individuals.
7 6. Students articulating from one charter school to
8 another pursuant to an articulation agreement between the
9 charter schools which has been approved by the Governor.
10 (d) A student may withdraw from a charter school at
11 any time and enroll in another public school as determined by
12 school board policy.
13 (e) Students with handicapping conditions and students
14 served in English for Speakers of Other Languages programs
15 shall have an equal opportunity of being selected for
16 enrollment in a charter school.
17 (f) The capacity of the charter school shall be
18 determined annually by the governing board of the charter
19 school in consideration of the factors identified in this
20 subsection.
21 (7) LEGAL ENTITY.--A charter school shall organize as,
22 or be operated by, a nonprofit organization. A charter school
23 may be operated by a municipality or other public entity as
24 provided for by law. As such, the charter school may be either
25 a private or a public employer. As a public employer, a
26 charter school may participate in the Florida Retirement
27 System upon application and approval as a "covered group"
28 under s. 121.021(34). If a charter school participates in the
29 Florida Retirement System, the charter school employees shall
30 be compulsory members of the Florida Retirement System. As
31 either a private or a public employer, a charter school may
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1 contract for services with an individual or group of
2 individuals who are organized as a partnership or a
3 cooperative. Individuals or groups of individuals who contract
4 their services to the charter school are not public employees.
5 (8) REQUIREMENTS.--
6 (a) A charter school shall be nonsectarian in its
7 programs, admission policies, employment practices, and
8 operations.
9 (b) A charter school shall admit students as provided
10 in subsection (6).
11 (c) A charter school shall be accountable to its
12 sponsor for performance as provided in subsection (9).
13 (d) A charter school shall not charge tuition or fees,
14 except those fees normally charged by other public schools.
15 However, a developmental research school to which a charter
16 has been issued pursuant to paragraph (4)(e) may charge a
17 student activity and service fee as authorized by s.
18 228.053(5).
19 (e) A charter school shall meet all applicable state
20 and local health, safety, and civil rights requirements.
21 (f) A charter school shall not violate the
22 antidiscrimination provisions of s. 228.2001.
23 (g) A charter school shall be subject to an annual
24 financial audit in a manner similar to that of a school
25 district.
26 (h) No organization shall hold more than 15 charters
27 statewide.
28 (i) In order to provide financial information that is
29 comparable to that reported for other public schools, charter
30 schools are to maintain all financial records which constitute
31 their accounting system:
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1 1. In accordance with the accounts and codes
2 prescribed in the most recent issuance of the publication
3 titled "Financial and Program Cost Accounting and Reporting
4 for Florida Schools"; or.
5 2. At the discretion of the charter school governing
6 board, a charter school may elect to follow generally accepted
7 accounting standards for not-for-profit organizations, but
8 must reformat this information for reporting according to this
9 paragraph.
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11 Charter schools are to provide annual financial report and
12 program cost report information in the state-required formats
13 for inclusion in district reporting in compliance with s.
14 236.02(1). Charter schools which are operated by a
15 municipality or are a component unit of a parent nonprofit
16 organization may use the accounting system of the municipality
17 or the parent, but must reformat this information for
18 reporting according to this paragraph.
19 (9) CHARTER.--The major issues involving the operation
20 of a charter school shall be considered in advance and written
21 into the charter. The charter shall be signed by the governing
22 body of the charter school and the sponsor, following a public
23 hearing to ensure community input.
24 (a) The charter shall address, and criteria for
25 approval of the charter shall be based on:
26 1. The school's mission, the students to be served,
27 and the ages and grades to be included.
28 2. The focus of the curriculum, the instructional
29 methods to be used, and any distinctive instructional
30 techniques to be employed, and identification and acquisition
31 of appropriate technologies needed to improve educational and
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1 administrative performance. This must include a means for
2 promoting safe, ethical, and appropriate uses of technology
3 which comply with legal and professional standards.
4 3. The current incoming baseline standard of student
5 academic achievement, the outcomes to be achieved, and the
6 method of measurement that will be used. This section shall
7 include a detailed description for each of the following:
8 a. How the baseline student academic achievement
9 levels and prior rates of academic progress will be
10 established.
11 b. How these baseline rates will be compared to rates
12 of academic progress achieved by these same students while
13 attending the charter school.
14 c. To the extent possible, how these rates of progress
15 will be evaluated and compared with rates of progress of other
16 closely comparable student populations.
17 d. The district school board is required to provide
18 academic student performance data to charter schools for each
19 of their students coming from the district school system, as
20 well as rates of academic progress of comparable student
21 populations in the district school system.
22 4. The methods used to identify the educational
23 strengths and needs of students and how well educational goals
24 and performance standards are met by students attending the
25 charter school. Included in the methods is a means for
26 ensuring accountability to its constituents by analyzing
27 student performance data and by evaluating the effectiveness
28 and efficiency of its major educational programs. Students in
29 charter schools shall, at a minimum, participate in the
30 statewide assessment program.
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1 5. In secondary charter schools, a method for
2 determining that a student has satisfied the requirements for
3 graduation in s. 232.246.
4 6. A method for resolving conflicts between the
5 governing body of the charter school and the sponsor.
6 7. The admissions procedures and dismissal procedures,
7 including the school's code of student conduct.
8 8. The ways by which the school will achieve a
9 racial/ethnic balance reflective of the community it serves or
10 within the racial/ethnic range of other public schools in the
11 same school district.
12 9. The financial and administrative management of the
13 school, including a reasonable demonstration of the
14 professional experience or competence of those individuals or
15 organizations applying to operate the charter school or those
16 hired or retained to perform such professional services and
17 the description of clearly delineated responsibilities and the
18 policies and practices needed to effectively manage the
19 charter school. A description of internal audit procedures and
20 establishment of controls to ensure that financial resources
21 are properly managed must be included. Both public sector and
22 private sector professional experience shall be equally valid
23 in such a consideration.
24 10. A description of procedures that identify various
25 risks and provide for a comprehensive approach to reduce the
26 impact of losses; plans to ensure the safety and security of
27 students and staff; plans to identify, minimize, and protect
28 others from violent or disruptive student behavior; and the
29 manner in which the school will be insured, including whether
30 or not the school will be required to have liability
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1 insurance, and, if so, the terms and conditions thereof and
2 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 and the potential strategies used to recruit, hire, train, and
27 retain qualified staff to achieve best value.
28 14. The governance structure of the school, including
29 the status of the charter school as a public or private
30 employer as required in subsection (7).
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1 15. A timetable for implementing the charter which
2 addresses the implementation of each element thereof and the
3 date by which the charter shall be awarded in order to meet
4 this timetable.
5 16. In the case of an existing public school being
6 converted to charter status, alternative arrangements for
7 current students who choose not to attend the charter school
8 and for current teachers who choose not to teach in the
9 charter school after conversion in accordance with the
10 existing collective bargaining agreement or school board
11 policy in the absence of a collective bargaining agreement.
12 However, alternative arrangements shall not be required for
13 current teachers who choose not to teach in a developmental
14 research school to which a charter has been issued pursuant to
15 paragraph (4)(e), except as authorized by the employment
16 policies of the state university which grants the charter to
17 the developmental research school.
18 (b) A charter may be renewed every 5 school years,
19 provided that a program review demonstrates that the criteria
20 in paragraph (a) have been successfully accomplished and that
21 none of the grounds for nonrenewal established by paragraph
22 (10)(a) have been documented. In order to facilitate long-term
23 financing for charter school construction, charter schools
24 operating for a minimum of 2 years and demonstrating exemplary
25 academic programming and fiscal management are eligible for a
26 15-year charter renewal. Such long-term charter is subject to
27 annual review and may be terminated during the term of the
28 charter.
29 (c) A charter may be modified during its initial term
30 or any renewal term upon the recommendation of the sponsor or
31
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1 the charter school governing board and the approval of both
2 parties to the agreement.
3 (d) The governing body of the charter school shall
4 exercise continuing oversight over charter school operations
5 and make annual progress reports to its sponsor, which upon
6 verification shall be forwarded to the Commissioner of
7 Education at the same time as other annual school
8 accountability reports. The report shall contain at least the
9 following information:
10 1. The charter school's progress towards achieving the
11 goals outlined in its charter.
12 2. The information required in the annual school
13 report pursuant to s. 229.592.
14 3. Financial records of the charter school, including
15 revenues and expenditures.
16 4. Salary and benefit levels of charter school
17 employees.
18 (e) A sponsor shall ensure that the charter is
19 innovative and consistent with the state education goals
20 established by s. 229.591.
21 (f) Upon receipt of the annual report required by
22 paragraph (d), the Department of Education shall provide to
23 the State Board of Education, the Commissioner of Education,
24 the President of the Senate, and the Speaker of the House of
25 Representatives an analysis and comparison of the overall
26 performance of charter school students, to include all
27 students whose scores are counted as part of the state
28 assessment program, versus comparable public school students
29 in the district as determined by the state assessment program
30 currently administered in the school district, and, as
31 appropriate, the Florida Writes Assessment Test, the High
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1 School Competency Test, and other assessments administered
2 pursuant to s. 229.57(3).
3 (g) Whenever a municipality has submitted charter
4 applications for the establishment of a charter school feeder
5 pattern (elementary, middle, and senior high schools), and
6 upon approval of each individual charter application by the
7 district school board, such applications will then be
8 designated as one charter for all purposes listed pursuant to
9 this section.
10 (10) CAUSES FOR NONRENEWAL OR TERMINATION.--
11 (a) At the end of the term of a charter, the sponsor
12 may choose not to renew the charter for any of the following
13 grounds:
14 1. Failure to meet the requirements for student
15 performance stated in the charter.
16 2. Failure to meet generally accepted standards of
17 fiscal management.
18 3. Violation of law.
19 4. Other good cause shown.
20 (b) During the term of a charter, the sponsor may
21 terminate the charter for any of the grounds listed in
22 paragraph (a).
23 (c) At least 90 days prior to renewing or terminating
24 a charter, the sponsor shall notify the governing body of the
25 school of the proposed action in writing. The notice shall
26 state in reasonable detail the grounds for the proposed action
27 and stipulate that the school's governing body may, within 14
28 calendar days after receiving the notice, request an informal
29 hearing before the sponsor. The sponsor shall conduct the
30 informal hearing within 30 calendar days after receiving a
31 written request. The charter school's governing body may,
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1 within 14 calendar days after receiving the sponsor's decision
2 to terminate or refuse to renew the charter, appeal the
3 decision pursuant to the procedure established in subsection
4 (4).
5 (d) A charter may be terminated immediately if the
6 sponsor determines that good cause has been shown or if the
7 health, safety, or welfare of the students is threatened. The
8 school district in which the charter school is located shall
9 assume operation of the school under these circumstances. The
10 charter school's governing board may, within 14 days after
11 receiving the sponsor's decision to terminate the charter,
12 appeal the decision pursuant to the procedure established in
13 subsection (4).
14 (e) When a charter is not renewed or is terminated,
15 the school shall be dissolved under the provisions of law
16 under which the school was organized, and any unencumbered
17 public funds from the charter school shall revert to the
18 district school board. In the event a charter school is
19 dissolved or is otherwise terminated, all district school
20 board property and improvements, furnishings, and equipment
21 purchased with public funds shall automatically revert to full
22 ownership by the district school board, subject to complete
23 satisfaction of any lawful liens or encumbrances.
24 (f) If a charter is not renewed or is terminated, the
25 charter school governing body of the school is responsible for
26 all debts of the charter school. The district may not assume
27 the debt from any contract for services made between the
28 governing body of the school and a third party, except for a
29 debt that is previously detailed and agreed upon in writing by
30 both the district and the governing body of the school and
31
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1 that may not reasonably be assumed to have been satisfied by
2 the district.
3 (g) If a charter is not renewed or is terminated, a
4 student who attended the school may apply to, and shall be
5 enrolled in, another public school. Normal application
6 deadlines shall be disregarded under such circumstances.
7 (11) EXEMPTION FROM STATUTES.--A charter school shall
8 operate in accordance with its charter and shall be exempt
9 from all statutes of the Florida School Code, except those
10 specifically applying to charter schools; those pertaining to
11 the provision of services to students with disabilities; those
12 pertaining to civil rights, including s. 228.2001, relating to
13 discrimination; and those pertaining to student health,
14 safety, and welfare; or as otherwise required by this section.
15 A charter school shall not be exempt from the following
16 statutes: chapter 119, relating to public records, and s.
17 286.011, relating to public meetings and records, public
18 inspection, and penalties. The charter school's governing
19 board sponsor, upon request of a charter school, may apply to
20 the Commissioner of Education for a waiver of provisions of
21 chapters 230-239 which are applicable to charter schools under
22 this section, except that the provisions of chapter 236 or
23 chapter 237 shall not be eligible for waiver if the waiver
24 would affect funding allocations or create inequity in public
25 school funding. The Commissioner of Education must confirm
26 receipt of a waiver request from a charter school by providing
27 a copy of the request to the sponsor. The commissioner may
28 grant the waiver if necessary to implement the school program
29 and shall provide notice of the final dispensation of the
30 waiver request to the charter school governing board and the
31 charter school's sponsor.
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1 (12) EMPLOYEES OF CHARTER SCHOOLS.--
2 (a) A charter school shall select its own employees. A
3 charter school may contract with its sponsor for the services
4 of personnel employed by the sponsor.
5 (b) Charter school employees shall have the option to
6 bargain collectively. Employees may collectively bargain as a
7 separate unit or as part of the existing district collective
8 bargaining unit as determined by the structure of the charter
9 school.
10 (c) The employees of a conversion charter school shall
11 remain public employees for all purposes, unless such
12 employees choose not to do so.
13 (d) The teachers at a charter school may choose to be
14 part of a professional group that subcontracts with the
15 charter school to operate the instructional program under the
16 auspices of a partnership or cooperative that they
17 collectively own. Under this arrangement, the teachers would
18 not be public employees.
19 (e) Employees of a school district may take leave to
20 accept employment in a charter school upon the approval of the
21 district school board. While employed by the charter school
22 and on leave that is approved by the school board, the
23 employee may retain seniority accrued in that school district
24 and may continue to be covered by the benefit programs of that
25 school district, if the charter school and the district school
26 board agree to this arrangement and its financing. School
27 districts shall not require resignations of teachers desiring
28 to teach in a charter school. This paragraph shall not
29 prohibit a school board from approving alternative leave
30 arrangements consistent with chapter 231.
31
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1 (f) Teachers employed by or under contract to a
2 charter school shall be certified as required by chapter 231.
3 A charter school governing board may employ or contract with
4 skilled selected noncertified personnel to provide
5 instructional services or to assist instructional staff
6 members as education paraprofessionals in the same manner as
7 defined in chapter 231, and as provided by State Board of
8 Education rule for charter school governing boards. A charter
9 school may not knowingly employ an individual to provide
10 instructional services or to serve as an education
11 paraprofessional if the individual's certification or
12 licensure as an educator is suspended or revoked by this or
13 any other state. A charter school may not knowingly employ an
14 individual who has resigned from a school district in lieu of
15 disciplinary action with respect to child welfare or safety,
16 or who has been dismissed for just cause by any school
17 district with respect to child welfare or safety. The
18 qualifications of teachers shall be disclosed to parents.
19 (g) A charter school shall employ or contract with
20 employees who have been fingerprinted as provided in s.
21 231.02. Members of the governing board of the charter school
22 shall also be fingerprinted in a manner similar to that
23 provided in s. 231.02.
24 (13) REVENUE.--Students enrolled in a charter school,
25 regardless of the sponsorship, shall be funded as if they are
26 in a basic program or a special program, the same as students
27 enrolled in other public schools in the school district.
28 Funding for a chartered developmental research school shall be
29 as provided in s. 228.053(9).
30 (a) Each charter school shall report its student
31 enrollment to the district school board as required in s.
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1 236.081, and in accordance with the definitions in s. 236.013.
2 The district school board shall include each charter school's
3 enrollment in the district's report of student enrollment. All
4 charter schools submitting student record information required
5 by the Department of Education shall comply with the
6 department's guidelines for electronic data formats for such
7 data, and all districts shall accept electronic data that
8 complies with the department's electronic format.
9 (b) The basis for the agreement for funding students
10 enrolled in a charter school shall be the sum of the school
11 district's operating funds from the Florida Education Finance
12 Program as provided in s. 236.081 and the General
13 Appropriations Act, including gross state and local funds,
14 discretionary lottery funds, and funds from the school
15 district's current operating discretionary millage levy;
16 divided by total funded weighted full-time equivalent students
17 in the school district; multiplied by the weighted full-time
18 equivalent students for the charter school. Charter schools
19 whose students or programs meet the eligibility criteria in
20 law shall be entitled to their proportionate share of
21 categorical program funds included in the total funds
22 available in the Florida Education Finance Program by the
23 Legislature, including transportation. Total funding for each
24 charter school will be recalculated during the year to reflect
25 the revised calculations under the Florida Education Finance
26 Program by the state and the actual weighted full-time
27 equivalent students reported by the charter school during the
28 full-time equivalent student survey periods designated by the
29 Commissioner of Education.
30 (c) Transportation of charter school students shall be
31 provided by the charter school consistent with the
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1 requirements of chapter 234. The governing body of the charter
2 school may provide transportation through an agreement or
3 contract with the district school board, a private provider,
4 or parents. The charter school and the sponsor shall cooperate
5 in making arrangements that ensure that transportation is not
6 a barrier to equal access for all students residing within a
7 reasonable distance of the charter school as determined in its
8 charter.
9 (d) If the district school board is providing programs
10 or services to students funded by federal funds, any eligible
11 students enrolled in charter schools in the school district
12 shall be provided federal funds for the same level of service
13 provided students in the schools operated by the district
14 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
15 10306, all charter schools shall receive all federal funding
16 for which the school is otherwise eligible, including Title I
17 funding, not later than 5 months after the charter school
18 first opens and within 5 months after any subsequent expansion
19 of enrollment.
20 (e) Any administrative fee charged by the school
21 district relating to a charter school shall be limited to 5
22 percent of the available funds as defined in paragraph (b) not
23 including capital outlay funds, federal and state grants, or
24 any other funds unless explicitly provided by law. The sponsor
25 shall provide certain administrative and educational services
26 to charter schools at no additional fee. These services shall
27 include contract management services, FTE and data reporting,
28 exceptional student education administration, test
29 administration, processing of teacher certificate data, and
30 information services.
31
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1 (f) School boards shall make every effort to ensure
2 that charter schools receive timely and efficient
3 reimbursement, including processing paperwork required to
4 access special state and federal funding for which they may be
5 eligible. The district school board may distribute funds to a
6 charter school for up to 3 months based on the projected
7 full-time equivalent student membership of the charter school.
8 Thereafter, the results of full-time equivalent student
9 membership surveys must be used in adjusting the amount of
10 funds distributed monthly to the charter school for the
11 remainder of the fiscal year. The payment shall be issued no
12 later than 10 working days after the district school board
13 receives a distribution of state or federal funds. If a
14 warrant for payment is not issued within 30 working days after
15 receipt of funding by the district school board, the school
16 district shall pay to the charter school, in addition to the
17 amount of the scheduled disbursement, interest at a rate of 1
18 percent per month calculated on a daily basis on the unpaid
19 balance from the expiration of the 30-day period until such
20 time as the warrant is issued.
21 (g) If a district school board facility or property is
22 available because it is surplus, marked for disposal, or
23 otherwise unused, it shall be provided for a charter school's
24 use on the same basis as it is made available to other public
25 schools in the district. A charter school receiving property
26 from the school district may not sell or dispose of such
27 property without written permission of the school district.
28 Similarly, for an existing public school converting to charter
29 status, no rental or leasing fee for the existing facility or
30 for the property normally inventoried to the conversion school
31 may be charged by the district school board to the parents and
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1 teachers organizing the charter school. The charter
2 organizers shall agree to reasonable maintenance provisions in
3 order to maintain the facility in a manner similar to district
4 school board standards. The Public Education Capital Outlay
5 maintenance funds or any other maintenance funds generated by
6 the facility operated as a conversion school shall remain with
7 the conversion school.
8 (h) If other goods and services are made available to
9 the charter school through the contract with the school
10 district, they shall be provided to the charter school at a
11 rate no greater than the district's actual cost. To maximize
12 the use of state funds, school districts shall allow charter
13 schools to participate in the sponsor's bulk purchasing
14 program if applicable.
15 (14) IMMUNITY.--For the purposes of tort liability,
16 the governing body and employees of a charter school shall be
17 governed by s. 768.28.
18 (15) LENGTH OF SCHOOL YEAR.--A charter school shall
19 provide instruction for at least the number of days required
20 by law for other public schools, and may provide instruction
21 for additional days.
22 (16) FACILITIES.--
23 (a) A charter school shall utilize facilities which
24 comply with the State Uniform Building Code for Public
25 Educational Facilities Construction adopted pursuant to s.
26 235.26 or with applicable state minimum building codes
27 pursuant to chapter 553 and state minimum fire protection
28 codes pursuant to s. 633.025, as adopted by the authority in
29 whose jurisdiction the facility is located.
30 (b) Any facility, or portion thereof, used to house a
31 charter school whose charter has been approved by the sponsor
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1 and the governing board, pursuant to subsection (9), shall be
2 exempt from ad valorem taxes pursuant to s. 196.1983.
3 (c) After January 1, 2001, charter school facilities
4 shall utilize facilities which comply with the Florida
5 Building Code, pursuant to chapter 553, and the Florida Fire
6 Prevention Code, pursuant to chapter 633.
7 (17) INITIAL COSTS.--A sponsor may approve a charter
8 for a charter school before the applicant has secured space,
9 equipment, or personnel, if the applicant indicates approval
10 is necessary for it to raise working capital.
11 (18) INFORMATION.--The Department of Education shall
12 provide information to the public, directly and through
13 sponsors, both on how to form and operate a charter school and
14 on how to enroll in charter schools once they are created.
15 This information shall include a standard application format
16 which shall include the information specified in subsection
17 (9). This application format may be used by chartering
18 entities.
19 (19) GENERAL AUTHORITY.--A charter school shall not
20 levy taxes or issue bonds secured by tax revenues.
21 (20) REVIEW.--
22 (a) The Department of Education shall regularly
23 convene a Charter School Review Panel in order to review
24 issues, practices, and policies regarding charter schools. The
25 composition of the review panel shall include individuals with
26 experience in finance, administration, law, education, and
27 school governance, and individuals familiar with charter
28 school construction and operation. The panel shall include two
29 appointees each from the Commissioner of Education, the
30 President of the Senate, and the Speaker of the House of
31 Representatives. The Governor shall appoint three members of
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1 the panel and shall designate the chair. Each member of the
2 panel shall serve a 1-year term, unless renewed by the office
3 making the appointment. The panel shall make recommendations
4 to the Legislature, to the Department of Education, to charter
5 schools, and to school districts for improving charter school
6 operations and oversight and for ensuring best business
7 practices at and fair business relationships with charter
8 schools.
9 (b) The Legislature shall review the operation of
10 charter schools during the 2005 Regular Session of the
11 Legislature.
12 (21) RULEMAKING.--The Department of Education, after
13 consultation with school districts and charter school
14 directors, shall recommend that the State Board of Education
15 adopt rules to implement specific subsections of this section.
16 Such rules shall require minimum paperwork and shall not limit
17 charter school flexibility authorized by statute.
18 (22) CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER
19 SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS
20 IN-A-MUNICIPALITY.--
21 (a) In order to increase business partnerships in
22 education, to reduce school and classroom overcrowding
23 throughout the state, to encourage developers of residential
24 and other projects to provide school infrastructure concurrent
25 with school impacts, to promote and encourage local
26 communities to participate in and advance the cause of
27 neighborhood schools, and to offset the high costs for
28 educational facilities construction, the Legislature intends
29 to encourage the formation of business partnership schools or
30 satellite learning centers through charter school status.
31
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1 (b) A charter school-in-the-workplace may be
2 established when a business partner provides the school
3 facility to be used; enrolls students based upon a random
4 lottery which involves all of the children of employees of
5 that business or corporation who are seeking enrollment, as
6 provided for in subsection (6); and enrolls students according
7 to the racial/ethnic balance provisions described in
8 subparagraph (9)(a)8. Any portion of a facility used for a
9 public charter school shall be exempt from ad valorem taxes,
10 as provided for in s. 235.198, for the duration of its use as
11 a public school.
12 (c) A charter school-in-a-development designation may
13 be granted when the developer of a residential or other
14 project provides the land or school facility to be used, or
15 both; enrolls students based upon a random lottery that
16 involves all of the children of the residents of that
17 development who are seeking enrollment, as provided for in
18 subsection (6); and enrolls students according to the
19 racial/ethnic balance provisions described in subparagraph
20 (9)(a)8. Any portion of the land and facility used for a
21 public charter school shall be exempt from ad valorem taxes,
22 as provided for in s. 235.198, for the duration of its use as
23 a public school.
24 (d) A charter school-in-a-municipality designation may
25 be granted to a municipality that possesses a charter; enrolls
26 students based upon a random lottery that involves all of the
27 children of the residents of that municipality who are seeking
28 enrollment, as provided for in subsection (6); and enrolls
29 students according to the racial/ethnic balance provisions
30 described in subparagraph (9)(a)8. Any portion of the land and
31 facility used for a public charter school shall be exempt from
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1 ad valorem taxes, as provided for in s. 235.198, for the
2 duration of its use as a public school.
3 (e) As used in this subsection, the terms "business
4 partner," "employer," "developer," or "municipality" may
5 include more than one business, employer, developer, or
6 municipality to form a charter school-in-the-workplace,
7 charter school-in-a-development, or charter
8 school-in-a-municipality.
9 Section 2. Subsection (1) of section 228.0561, Florida
10 Statutes, is amended to read:
11 228.0561 Charter schools capital outlay funding.--
12 (1) In each year in which funds are appropriated for
13 charter school capital outlay purposes, the Commissioner of
14 Education shall allocate the funds among eligible charter
15 schools. To be eligible for a funding allocation, a charter
16 school must meet the provisions of subsection (6), must have
17 received final approval from its sponsor pursuant to s.
18 228.056 for operation during that fiscal year, and must serve
19 students in facilities that are not provided by the charter
20 school's sponsor. Prior to the release of capital outlay
21 funds to a school district on behalf of the charter school,
22 the Department of Education shall ensure that the district
23 school board and the charter school governing board enter into
24 a written agreement that includes provisions for the reversion
25 of any unencumbered funds and all equipment and property
26 purchased with public education funds to the ownership of the
27 district school board, as provided for in subsection (3), in
28 the event that the school terminates operations. Any funds
29 recovered by the state shall be deposited in the General
30 Revenue Fund. A charter school is not eligible for a funding
31 allocation if it was created by the conversion of a public
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1 school and operates in facilities provided by the charter
2 school's sponsor for a nominal fee or at no charge or if it is
3 directly or indirectly operated by the school district. Unless
4 otherwise provided in the General Appropriations Act, the
5 funding allocation for each eligible charter school shall be
6 determined by multiplying the school's projected student
7 enrollment by one-fifteenth of the cost-per-student station
8 specified in s. 235.435(6)(b) for an elementary, middle, or
9 high school, as appropriate. If the funds appropriated are
10 not sufficient, the commissioner shall prorate the available
11 funds among eligible charter schools. Funds shall be
12 distributed on the basis of the capital outlay full-time
13 equivalent membership by grade level, which shall be
14 calculated by averaging the results of the second and third
15 enrollment surveys. The Department of Education shall
16 distribute capital outlay funds monthly, beginning in the
17 first quarter of the fiscal year, based on one-twelfth of the
18 amount the department reasonably expects the charter school to
19 receive during that fiscal year. The commissioner shall adjust
20 subsequent distributions as necessary to reflect each charter
21 school's actual student enrollment as reflected in the second
22 and third enrollment surveys. Sixty percent of the funds shall
23 be distributed after the second enrollment survey, and the
24 balance shall be distributed after the third enrollment
25 survey. The commissioner shall adjust subsequent distributions
26 as necessary to reflect each charter school's actual student
27 enrollment. The commissioner shall establish the intervals and
28 procedures for determining the projected and actual student
29 enrollment of eligible charter schools.
30 Section 3. Section 228.058, Florida Statutes, is
31 amended to read:
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1 228.058 Charter School Districts Pilot Program.--The
2 State Board of Education is authorized to enter into a
3 performance contract with up to six school districts for the
4 purpose of establishing them as charter school districts. The
5 State Board of Education shall give priority to Hillsborough
6 and Volusia Counties upon the submission of a completed
7 precharter agreement or charter proposal for a charter school
8 district. The purpose of this pilot program is to examine a
9 new relationship between the State Board of Education and
10 school districts that may produce significant improvements in
11 student achievement and school management, while complying
12 with constitutional requirements assigned to each entity.
13 Beginning July 1, 2001, the State Board of Education shall
14 require each school that has been in operation for at least 2
15 years within a school district that is approved for charter
16 school district status to vote within the first year of the
17 approved charter school district status, or, if the charter
18 school district was approved before July 1, 2001, no later
19 than June 30, 2002, to convert to charter school status, and
20 upon the required vote, as described in s. 228.056(3)(a), to
21 apply for charter school status.
22 (1) CHARTER DISTRICT.--A charter school district is a
23 school district in Florida in which the school board has
24 submitted and the state board has approved a charter proposal
25 that exchanges statutory and rule exemption for agreement to
26 meet performance goals in the proposal. The charter school
27 district shall be chartered for 3 years, at the end of which
28 the performance shall be evaluated.
29 (2) EXEMPTION FROM STATUTES AND RULES.--Charter school
30 districts shall be exempt from state statutes and state board
31 rules as provided in s. 228.056. The school board of a
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1 charter school district shall not be exempt from any statute
2 governing election of board members, public meetings and
3 public records requirements, financial disclosure, conflicts
4 of interest, operation in the sunshine, or other provisions
5 outside the Florida School Code.
6 (3) GOVERNING BOARD.--The governing board of the
7 charter school district shall be the duly elected school
8 board. The school board shall be responsible for supervising
9 the schools in the charter district and is authorized to
10 charter each of its existing public schools pursuant to s.
11 228.056, apply for deregulation of its public schools pursuant
12 to s. 228.0565, or otherwise establish performance-based
13 contractual relationships with its public schools for the
14 purpose of giving them greater autonomy with accountability
15 for performance.
16 (4) PRECHARTER AGREEMENT.--The state board is
17 authorized to approve a precharter agreement with a potential
18 charter district. The agreement may grant limited flexibility
19 and direction for developing the full charter proposal.
20 (5) TIME PERIOD FOR PILOT.--The pilot program shall be
21 authorized for a period of 3 full school years commencing with
22 award of a charter. The charter may be renewed upon action of
23 the state board.
24 (6) REPORTS.--The state board shall annually report on
25 the implementation of the charter school district pilot
26 program. Upon the completion of the first 3-year term, the
27 state board, through the Commissioner of Education, shall
28 submit to the Legislature a full evaluation of the
29 effectiveness of the program.
30
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1 (7) RULEMAKING.--The State Board of Education shall
2 have the authority to enact rules to implement this section in
3 accordance with ss. 120.536 and 120.54.
4 Section 4. Paragraph (d) is added to subsection (3) of
5 section 232.425, Florida Statutes, to read:
6 232.425 Student standards for participation in
7 interscholastic extracurricular student activities;
8 regulation.--
9 (3)
10 (d) An individual charter school student pursuant to
11 s. 228.056 is eligible to participate at the public school to
12 which the student would be assigned according to district
13 school attendance area policies or which the student could
14 choose to attend, pursuant to district or interdistrict
15 controlled open-enrollment provisions, in any interscholastic
16 extracurricular activity of that school, unless such activity
17 is provided by the student's charter school, if the following
18 conditions are met:
19 1. The charter school student must meet the
20 requirements of the charter school education program as
21 determined by the charter school governing board.
22 2. During the period of participation at a school, the
23 charter school student must demonstrate educational progress
24 as required in paragraph (b).
25 3. The charter school student must meet the same
26 residency requirements as other students in the school at
27 which he or she participates.
28 4. The charter school student must meet the same
29 standards of acceptance, behavior, and performance that are
30 required of other students in extracurricular activities.
31
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Florida Senate - 2001 CS for SB 1972
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1 5. The charter school student must register with the
2 school his or her intent to participate in interscholastic
3 extracurricular activities as a representative of the school
4 before the beginning date of the season for the activity in
5 which he or she wishes to participate. A charter school
6 student must be able to participate in curricular activities
7 if that is a requirement for an extracurricular activity.
8 6. A student who transfers from a charter school
9 program to a traditional public school before or during the
10 first grading period of the school year is academically
11 eligible to participate in interscholastic extracurricular
12 activities during the first grading period if the student has
13 a successful evaluation from the previous school year,
14 pursuant to subparagraph 2.
15 7. Any public school or nonpublic school student who
16 has been unable to maintain academic eligibility for
17 participation in interscholastic extracurricular activities is
18 ineligible to participate in such activities as a charter
19 school student until the student has successfully completed
20 one grading period in a charter school pursuant to
21 subparagraph 2. to become eligible to participate as a charter
22 school student.
23 Section 5. This act shall take effect July 1, 2001.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 sb 1972
3
4 The Committee Substitute differs from SB 1972 in the following
ways:
5
1. A school board that denies an application for a conversion
6 charter school must provide to the applicant notice of the
denial and the reasons for the denial within 30 days.
7
2. Charter schools may form cooperatives for planning,
8 development, and the acquisition of services.
9 3. Developers and municipalities may create charter schools
and receive an exemption from ad valorem taxation on the
10 property used for the school.
11 5. A charter must address the appropriate uses of technology,
strategies the school will use to recruit and retain teachers,
12 a description of the school's internal audit procedures and a
plan for managing risk and reducing loss from threats to
13 safety and security.
14 6. School districts must provide charter schools academic
student performance data for each of their students, and a
15 charter school must analyze student performance data and
evaluate the effectiveness of its major educational programs.
16
7. The Commissioner of Education will notify the sponsor,
17 rather than the sponsoring district, of his or her receipt of
a waiver request and will notify the charter school governing
18 board and the sponsor of the final dispensation of the waiver
request.
19
8.Information services are not defined.
20
9. The Department of Education will distribute capital outlay
21 funds to charter schools on a monthly basis.
22 10. Schools in a charter district must vote on becoming a
charter school.
23
11. A charter school student may participate in
24 extracurricular activities at the non-charter public school to
which he or she would otherwise be assigned.
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