House Bill hb1665e2
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                                      CS/HB 1665, Second Engrossed
  1                      A bill to be entitled
  2         An act relating to charter schools; amending s.
  3         228.056, F.S.; limiting the number of purposes
  4         a charter school must accomplish; revising
  5         provisions relating to conversion charter
  6         schools; providing for development of a charter
  7         by a conversion committee; delineating
  8         accountability standards for charter schools;
  9         extending a district school board's time for
10         responding and filing an appeal from a
11         sponsor's decision to terminate a charter;
12         requiring that noncertified teachers or
13         instructors who are teaching out of their
14         respective fields be supervised by a certified
15         teacher for a specified period of time;
16         requiring district school boards to distribute
17         funds to schools when available; requiring
18         compliance with the Florida Building Code and
19         the Florida Fire Prevention Code or with the
20         applicable provisions thereof; exempting
21         charter schools from impact and service
22         availability fees; providing that a charter
23         school to be newly constructed shall be a
24         public educational facility for purposes of
25         site plan review; amending s. 228.0561, F.S.,
26         relating to charter school capital outlay
27         funding; allowing the Commissioner of Education
28         to identify an additional funding source that
29         may be considered by the Legislature in
30         allocating funding in a given year; amending s.
31         235.193, F.S.; providing that a proposed
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                                      CS/HB 1665, Second Engrossed
  1         charter school shall be considered a public
  2         educational facility with respect to site plan
  3         review; providing an effective date.
  4
  5  Be It Enacted by the Legislature of the State of Florida:
  6
  7         Section 1.  Section 228.056, Florida Statutes, is
  8  amended to read:
  9         228.056  Charter schools.--
10         (1)  AUTHORIZATION.--The creation of charter schools is
11  hereby authorized.  Charter schools shall be part of the
12  state's program of public education. All charter schools in
13  Florida are fully recognized as public schools. A charter
14  school may be formed by creating a new school or converting an
15  existing public school to charter status. A public school may
16  not use the term charter in its name unless it has been
17  approved under this section.
18         (2)  PURPOSE.--The purpose of charter schools shall be
19  to accomplish some or all of the following:
20         (a)  Improve student learning.
21         (b)  Increase learning opportunities for all students,
22  with special emphasis on expanded learning experiences for
23  students who are identified as academically low achieving.
24         (c)  Encourage the use of different and innovative
25  learning methods.
26         (d)  Increase choice of learning opportunities for
27  students.
28         (e)  Establish a new form of accountability for
29  schools.
30         (f)  Require the measurement of learning outcomes and
31  create innovative measurement tools.
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                                      CS/HB 1665, Second Engrossed
  1         (g)  Make the school the unit for improvement.
  2         (h)  Create new professional opportunities for
  3  teachers, including the opportunity to own the learning
  4  program at the school site.
  5         (i)  Provide rigorous competition within the public
  6  school district to stimulate continual improvement in all
  7  public schools.
  8         (j)  Provide additional academic choices for parents
  9  and students.
10         (k)  Expand the capacity of the public school system.
11         (3)  APPLICATION; UNLAWFUL REPRISAL.--
12         (a)1.  An application for a new charter school may be
13  made by an individual, teachers, parents, a group of
14  individuals, a municipality, or a legal entity organized under
15  the laws of this state.
16         2.  The district school board or the principal,
17  teachers, parents, and/or the school advisory council at an
18  existing public school that has been in operation for at least
19  2 years prior to the application to convert, including a
20  public school-within-a-school that is designated as a school
21  by the district school board, shall submit any application for
22  converting the school to a charter school. An application
23  submitted proposing to convert an existing public school to a
24  charter school shall demonstrate the support of at least 50
25  percent of the teachers employed at the school and 50 percent
26  of the parents voting whose children are enrolled at the
27  school, provided that a majority of the parents eligible to
28  vote participate in the ballot process, according to
29  procedures established by rules of the state board. A district
30  school board denying an application for a conversion charter
31  school shall provide notice of denial to the applicants in
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                                      CS/HB 1665, Second Engrossed
  1  writing within 30 days after the meeting at which the school
  2  board denied the application. The notice must specify the
  3  exact reasons for denial and must provide documentation
  4  supporting those reasons. A private school, parochial school,
  5  or home education program shall not be eligible for charter
  6  school status.
  7         3.  After a district school board approves an
  8  application for a conversion charter school, the school shall
  9  establish a conversion committee in order to develop a charter
10  required pursuant to subsection (11). The conversion committee
11  shall be comprised of the following nine members:
12         a.  The principal of the school, or his or her
13  designee, who shall serve as the chair.
14         b.  Two teachers of the school who are selected by
15  other teachers in the school.
16         c.  Three nonrelated parents of students enrolled at
17  the school.
18         d.  Three at-large members selected by the six members
19  listed in sub-subparagraphs a., b., and c.
20         4.  The conversion committee shall meet at least once a
21  month. Each meeting shall be noticed at least 72 hours in
22  advance by prominently displaying a written notice in the
23  school and by sending a written notice to the parents of each
24  student. At each meeting, the conversion committee shall
25  reserve a certain amount of time for public participation.
26         5.  The conversion committee shall be responsible for
27  developing a charter as required pursuant to subsection (11).
28  The conversion committee shall submit a copy of the proposed
29  charter to the school's parents, teachers, and administrators
30  within 120 days after the district school board approves the
31  application for the conversion charter school. Any
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                                      CS/HB 1665, Second Engrossed
  1  recommendations and amendments to the proposed charter shall
  2  be submitted to the conversion committee within 15 days after
  3  the proposed charter is submitted to the school's parents,
  4  teachers, and administrators. The conversion committee shall
  5  convene at least one additional meeting in order to discuss
  6  and take action on the recommendations and amendments to the
  7  proposed charter that were submitted.
  8         6.  Within 15 days after recommendations and amendments
  9  to the proposed charter are submitted, the conversion
10  committee shall submit a copy of the final version of the
11  proposed charter to the school's parents, teachers, and
12  administrators.
13         7.  Within 10 days after a copy of the final version of
14  the proposed charter is submitted to the school's parents,
15  teachers, and administrators, the school's parents and
16  teachers shall vote for the approval of the final version of
17  the proposed charter. In order to approve the final version of
18  the proposed charter, the vote shall demonstrate the support
19  of at least 50 percent of the teachers employed at the school
20  and 50 percent of the parents voting whose children are
21  enrolled at the school, provided that a majority of the
22  parents eligible to vote participate in the ballot process.
23  Should the final version of the proposed charter not be
24  approved, the school shall withdraw its application for a
25  conversion charter school.
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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                                      CS/HB 1665, Second Engrossed
  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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                                      CS/HB 1665, Second Engrossed
  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.
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                                      CS/HB 1665, Second Engrossed
  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 processing or consideration of an
14  application, and a sponsor may not base its consideration or
15  approval of an application upon the promise of future payment
16  of any kind.
17         1.  In order to facilitate an accurate budget
18  projection process, a district school board shall be held
19  harmless for FTE students which are not included in the FTE
20  projection due to approval of charter school applications
21  after the FTE projection deadline. In a further effort to
22  facilitate an accurate budget projection, within 15 calendar
23  days after receipt of a charter school application, a district
24  school board or other sponsor shall report to the Department
25  of Education the name of the applicant entity, the proposed
26  charter school location, and its projected FTE.
27         2.  A district school board must by a majority vote
28  approve or deny an application no later than 60 calendar days
29  after the application is received, unless the district school
30  board and the applicant mutually agree to temporarily postpone
31  the vote to a specific date, at which time the district school
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                                      CS/HB 1665, Second Engrossed
  1  board must by a majority vote approve or deny the application.
  2  If the district school board fails to act on the application,
  3  an applicant may appeal to the State Board of Education as
  4  provided in paragraph (b). If an application is denied, the
  5  district school board must, within 10 calendar days,
  6  articulate in writing the specific reasons based upon good
  7  cause supporting its denial of the charter application.
  8         3.  For budget projection purposes, the district school
  9  board or other sponsor shall report to the department the
10  approval or denial of a charter application within 10 calendar
11  days after such approval or denial. In the event of approval,
12  the report to the department must include the final projected
13  FTE for the approved charter school.
14         4.  Upon approval of a charter application, the initial
15  startup must commence with the beginning of the public school
16  calendar for the district in which the charter is granted
17  unless the district school board allows a waiver of this
18  provision for good cause.
19         (b)  An applicant may appeal any denial of that
20  applicant's application or failure to act on an application to
21  the State Board of Education no later than 30 calendar days
22  after receipt of the district school board's decision or
23  failure to act and shall notify the district school board of
24  its appeal.  Any response of the school board shall be
25  submitted to the state board within 30 calendar days after
26  notification of the appeal. The state board must by majority
27  vote accept or reject the decision of the district school
28  board no later than 60 calendar days after an appeal is filed
29  in accordance with state board rule.  The state board may
30  reject an appeal submission for failure to comply with
31  procedural rules governing the appeals process.  The rejection
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                                      CS/HB 1665, Second Engrossed
  1  shall describe the submission errors.  The appellant may have
  2  up to 15 calendar days from notice of rejection to resubmit an
  3  appeal that meets requirements of rule.  An application for
  4  appeal submitted subsequent to such rejection shall be
  5  considered timely if the original appeal was filed within 30
  6  calendar days after receipt of notice of the specific reasons
  7  for the school board's denial of the charter application. The
  8  state board shall remand the application to the district
  9  school board with its written recommendation that the district
10  board approve or deny the application consistent with the
11  state board's decision. The decision of the State Board of
12  Education is not subject to the provisions of the
13  Administrative Procedure Act, chapter 120.
14         (c)  The district school board must act upon the
15  recommendation of the State Board of Education within 30
16  calendar days after it is received. The district board may
17  fail to act in accordance with the recommendation of the state
18  board only for good cause. Good cause for failing to act in
19  accordance with the state board's recommendation arises only
20  if the district school board determines by competent
21  substantial evidence that approving the state board's
22  recommendation would be contrary to law or contrary to the
23  best interests of the pupils or the community. The district
24  school board must articulate in written findings the specific
25  reasons based upon good cause supporting its failure to act in
26  accordance with the state board's recommendation. The district
27  board's action on the state board's recommendation is a final
28  action subject to judicial review.
29         (d)  The Department of Education may provide technical
30  assistance to an applicant upon written request.
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                                      CS/HB 1665, Second Engrossed
  1         (e)  Paragraph (a) notwithstanding, a state university
  2  may grant a charter to a developmental research school created
  3  under s. 228.053.  In considering such charter, the state
  4  university must consult with the district school board of the
  5  county in which the developmental research school is located.
  6  The decision of a state university may be appealed pursuant to
  7  the procedure established in this subsection.
  8         (f)  The terms and conditions for the operation of a
  9  charter school shall be set forth by the sponsor and the
10  applicant in a written contractual agreement, called a
11  charter. The sponsor shall not impose unreasonable rules or
12  regulations that violate the intent of giving charter schools
13  greater flexibility to meet educational goals. The applicant
14  and sponsor shall have 6 months in which to mutually agree to
15  the provisions of the charter.  The Department of Education
16  shall provide mediation services for any dispute regarding
17  this section subsequent to the approval of a charter
18  application and for any dispute relating to the approved
19  charter, except disputes regarding charter school application
20  denials.  If the Commissioner of Education determines that the
21  dispute cannot be settled through mediation, the dispute may
22  be appealed to an administrative law judge appointed by the
23  Division of Administrative Hearings.  The administrative law
24  judge may rule on issues of equitable treatment of the charter
25  school as a public school, whether proposed provisions of the
26  charter violate the intended flexibility granted charter
27  schools by statute, or on any other matter regarding this
28  section except a charter school application denial, and shall
29  award the prevailing party reasonable attorney's fees and
30  costs incurred to be paid by the losing party. The costs of
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                                      CS/HB 1665, Second Engrossed
  1  the administrative hearing shall be paid by the party whom the
  2  administrative law judge rules against.
  3         (g)  The sponsor shall monitor and review the charter
  4  school in its progress towards the goals established in the
  5  charter.
  6         (h)  The sponsor shall monitor the revenues and
  7  expenditures of the charter school.
  8         (i)  A charter school shall be exempt from the
  9  sponsor's policies.
10         (5)  ACCOUNTABILITY.--
11         (a)  Pupil performance.--A charter school must design
12  its academic programs to meet or exceed the outcomes set by
13  the Commissioner of Education for public school students as
14  outlined in the Sunshine State Standards. The expected
15  outcomes must be outlined in each school's charter.
16         (b)  Annual reports.--
17         1.  By July 15 of each year that a charter school is in
18  operation, the charter school must submit to its sponsor a
19  written report that details the levels of achievement of its
20  students during the preceding school year in comparison to the
21  aspirational levels set out in that school's charter.
22         2.  By July 15 of each year that a charter school is in
23  operation, the charter school must submit a written report
24  that details its income and expenditures for the preceding
25  school year.
26         3.  Each charter school must annually report data on
27  the FCAT scores of its students to the district school board
28  in the county where the charter school is located.
29         (c)  Personnel.--
30         1.  Each teacher employed by the charter school must
31  have at least a 4-year degree. A teacher who is not certified
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                                      CS/HB 1665, Second Engrossed
  1  may teach in a charter school, but he or she must be
  2  supervised by a certified teacher who will evaluate in writing
  3  the noncertified teacher's ability to teach the subject
  4  matter. The sponsor shall use the evaluation in deciding
  5  whether to continue employing the noncertified teacher for the
  6  following year. A noncertified teacher must also take at least
  7  3 credit hours per semester of education credits in the area
  8  in which he or she is to teach.
  9         2.  All school personnel must be fingerprinted and must
10  undergo a background check in compliance with s. 231.17 before
11  they may be employed by the charter school.
12         (6)(5)  CHARTER SCHOOL COOPERATIVES.--Charter schools
13  may enter into cooperative agreements to form charter school
14  cooperative organizations that may provide the following
15  services: charter school planning and development, direct
16  instructional services, contracts with charter school
17  governing boards to provide personnel administrative services,
18  payroll services, human resource management, evaluation and
19  assessment services, teacher preparation, and professional
20  development.
21         (7)(6)  NUMBER OF SCHOOLS.--
22         (a)  The number of newly created charter schools is
23  limited to no more than 28 in each school district that has
24  100,000 or more students, no more than 20 in each school
25  district that has 50,000 to 99,999 students, and no more than
26  12 in each school district with fewer than 50,000 students.
27         (b)  An existing public school which converts to a
28  charter school shall not be counted towards the limit
29  established by paragraph (a).
30
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                                      CS/HB 1665, Second Engrossed
  1  Notwithstanding any limit established by this subsection, a
  2  district school board or a charter school applicant shall have
  3  the right to request an increase of the limit on the number of
  4  charter schools authorized to be established within the
  5  district from the State Board of Education.
  6         (8)(7)  ELIGIBLE STUDENTS.--
  7         (a)  A charter school shall be open to any student
  8  covered in an interdistrict agreement or residing in the
  9  school district in which the charter school is located;
10  however, in the case of a developmental research school
11  created under s. 228.053 to which a charter has been issued
12  under paragraph (4)(e), the charter school shall be open to
13  any student eligible to attend the developmental research
14  school as provided in s. 228.053 or who resides in the school
15  district in which the charter school is located. Any eligible
16  student shall be allowed interdistrict transfer to attend a
17  charter school when based on good cause. When a public school
18  converts to charter status, enrollment preference shall be
19  given to students who would have otherwise attended that
20  public school. A charter school may give enrollment preference
21  to a sibling of a student enrolled in the charter school, to
22  the child of a member of the governing board of the charter
23  school, or to the child of an employee of the charter school.
24         (b)  The charter school shall enroll an eligible
25  student who submits a timely application, unless the number of
26  applications exceeds the capacity of a program, class, grade
27  level, or building. In such case, all applicants shall have an
28  equal chance of being admitted through a random selection
29  process.
30         (c)  A charter school may limit the enrollment process
31  only to target the following student populations:
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                                      CS/HB 1665, Second Engrossed
  1         1.  Students within specific age groups or grade
  2  levels.
  3         2.  Students considered at risk of dropping out of
  4  school or academic failure. Such students shall include
  5  exceptional education students.
  6         3.  Students enrolling in a charter
  7  school-in-the-workplace or charter school-in-a-municipality
  8  established pursuant to subsection (24) (22).
  9         4.  Students residing within a reasonable distance of
10  the charter school, as described in paragraph (15)(c) (13)(c).
11  Such students shall be subject to a random lottery and to the
12  racial/ethnic balance provisions described in subparagraph
13  (11)(a)8. (9)(a)8. or any federal provisions which require a
14  school to achieve a racial/ethnic balance reflective of the
15  community it serves or within the racial/ethnic range of other
16  public schools in the same school district.
17         5.  Students who meet reasonable academic, artistic, or
18  other eligibility standards established by the charter school
19  and included in the charter school application and charter or,
20  in the case of existing charter schools, standards that are
21  consistent with the school's mission and purpose. Such
22  standards must be in accordance with current state law and
23  practice in public schools and may not discriminate against
24  otherwise qualified individuals.
25         6.  Students articulating from one charter school to
26  another pursuant to an articulation agreement between the
27  charter schools which has been approved by the sponsor.
28         (d)  A student may withdraw from a charter school at
29  any time and enroll in another public school as determined by
30  school board policy.
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                                      CS/HB 1665, Second Engrossed
  1         (e)  Students with handicapping conditions and students
  2  served in English for Speakers of Other Languages programs
  3  shall have an equal opportunity of being selected for
  4  enrollment in a charter school.
  5         (f)  The capacity of the charter school shall be
  6  determined annually by the governing board, in conjunction
  7  with the sponsor, of the charter school in consideration of
  8  the factors identified in this subsection.
  9         (9)(8)  LEGAL ENTITY.--A charter school shall organize
10  as, or be operated by, a nonprofit organization. A charter
11  school may be operated by a municipality or other public
12  entity as provided for by law. As such, the charter school may
13  be either a private or a public employer.  As a public
14  employer, a charter school may participate in the Florida
15  Retirement System upon application and approval as a "covered
16  group" under s. 121.021(34). If a charter school participates
17  in the Florida Retirement System, the charter school employees
18  shall be compulsory members of the Florida Retirement System.
19  As either a private or a public employer, a charter school may
20  contract for services with an individual or group of
21  individuals who are organized as a partnership or a
22  cooperative. Individuals or groups of individuals who contract
23  their services to the charter school are not public employees.
24         (10)(9)  REQUIREMENTS.--
25         (a)  A charter school shall be nonsectarian in its
26  programs, admission policies, employment practices, and
27  operations.
28         (b)  A charter school shall admit students as provided
29  in subsection (8) (6).
30         (c)  A charter school shall be accountable to its
31  sponsor for performance as provided in subsection (11) (9).
                                  17
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                                      CS/HB 1665, Second Engrossed
  1         (d)  A charter school shall not charge tuition or fees,
  2  except those fees normally charged by other public schools.
  3  However, a developmental research school to which a charter
  4  has been issued pursuant to paragraph (4)(e) may charge a
  5  student activity and service fee as authorized by s.
  6  228.053(5).
  7         (e)  A charter school shall meet all applicable state
  8  and local health, safety, and civil rights requirements.
  9         (f)  A charter school shall not violate the
10  antidiscrimination provisions of s. 228.2001.
11         (g)  A charter school shall provide for an annual
12  financial audit in accordance with s. 218.39.
13         (h)  No organization shall hold more than 15 charters
14  statewide.
15         (i)  In order to provide financial information that is
16  comparable to that reported for other public schools, charter
17  schools are to maintain all financial records which constitute
18  their accounting system:
19         1.  In accordance with the accounts and codes
20  prescribed in the most recent issuance of the publication
21  titled "Financial and Program Cost Accounting and Reporting
22  for Florida Schools"; or
23         2.  At the discretion of the charter school governing
24  board, a charter school may elect to follow generally accepted
25  accounting standards for not-for-profit organizations, but
26  must reformat this information for reporting according to this
27  paragraph.
28
29  Charter schools are to provide annual financial report and
30  program cost report information in the state-required formats
31  for inclusion in district reporting in compliance with s.
                                  18
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                                      CS/HB 1665, Second Engrossed
  1  236.02(1). Charter schools which are operated by a
  2  municipality or are a component unit of a parent nonprofit
  3  organization may use the accounting system of the municipality
  4  or the parent, but must reformat this information for
  5  reporting according to this paragraph.
  6         (j)  The governing board of the charter school shall
  7  annually adopt and maintain an operating budget.
  8         (11)(10)  CHARTER.--The major issues involving the
  9  operation of a charter school shall be considered in advance
10  and written into the charter. The charter shall be signed by
11  the governing body of the charter school and the sponsor,
12  following a public hearing to ensure community input.
13         (a)  The charter shall address, and criteria for
14  approval of the charter shall be based on:
15         1.  The school's mission, the students to be served,
16  and the ages and grades to be included.
17         2.  The focus of the curriculum, the instructional
18  methods to be used, any distinctive instructional techniques
19  to be employed, and identification and acquisition of
20  appropriate technologies needed to improve educational and
21  administrative performance. This must include a means for
22  promoting safe, ethical, and appropriate uses of technology
23  which comply with legal and professional standards.
24         3.  The current incoming baseline standard of student
25  academic achievement, the outcomes to be achieved, and the
26  method of measurement that will be used. This section shall
27  include a detailed description for each of the following:
28         a.  How the baseline student academic achievement
29  levels and prior rates of academic progress will be
30  established.
31
                                  19
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                                      CS/HB 1665, Second Engrossed
  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         d.  The district school board is required to provide
  8  academic student performance data to charter schools for each
  9  of their students coming from the district school system, as
10  well as rates of academic progress of comparable student
11  populations in the district school system.
12         4.  The methods used to identify the educational
13  strengths and needs of students and how well educational goals
14  and performance standards are met by students attending the
15  charter school. Included in the methods is a means for
16  ensuring accountability to its constituents by analyzing
17  student performance data and by evaluating the effectiveness
18  and efficiency of its major educational programs.  Students in
19  charter schools shall, at a minimum, participate in the
20  statewide assessment program.
21         5.  In secondary charter schools, a method for
22  determining that a student has satisfied the requirements for
23  graduation in s. 232.246.
24         6.  A method for resolving conflicts between the
25  governing body of the charter school and the sponsor.
26         7.  The admissions procedures and dismissal procedures,
27  including the school's code of student conduct.
28         8.  The ways by which the school will achieve a
29  racial/ethnic balance reflective of the community it serves or
30  within the racial/ethnic range of other public schools in the
31  same school district.
                                  20
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                                      CS/HB 1665, Second Engrossed
  1         9.  The financial and administrative management of the
  2  school, including a reasonable demonstration of the
  3  professional experience or competence of those individuals or
  4  organizations applying to operate the charter school or those
  5  hired or retained to perform such professional services and
  6  the description of clearly delineated responsibilities and the
  7  policies and practices needed to effectively manage the
  8  charter school. A description of internal audit procedures and
  9  establishment of controls to ensure that financial resources
10  are properly managed must be included. Both public sector and
11  private sector professional experience shall be equally valid
12  in such a consideration.
13         10.  A description of procedures that identify various
14  risks and provide for a comprehensive approach to reduce the
15  impact of losses; plans to ensure the safety and security of
16  students and staff; plans to identify, minimize, and protect
17  others from violent or disruptive student behavior; and the
18  manner in which the school will be insured, including whether
19  or not the school will be required to have liability
20  insurance, and, if so, the terms and conditions thereof and
21  the amounts of coverage.
22         11.  The term of the charter which shall provide for
23  cancellation of the charter if insufficient progress has been
24  made in attaining the student achievement objectives of the
25  charter and if it is not likely that such objectives can be
26  achieved before expiration of the charter. The initial term of
27  a charter shall be for 3, 4, or 5 years. In order to
28  facilitate access to long-term financial resources for charter
29  school construction, charter schools that are operated by a
30  municipality or other public entity as provided by law are
31  eligible for up to a 15-year charter, subject to approval by
                                  21
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                                      CS/HB 1665, Second Engrossed
  1  the local school board. A developmental research school is
  2  eligible for a charter for a term of up to 15 years issued by
  3  a state university pursuant to paragraph (4)(e). In addition,
  4  to facilitate access to long-term financial resources for
  5  charter school construction, charter schools that are operated
  6  by a private, not-for-profit, s. 501(c)(3) status corporation
  7  are eligible for up to a 10-year charter, subject to approval
  8  by the local school board. Such long-term charters remain
  9  subject to annual review and may be terminated during the term
10  of the charter, but only for specific good cause according to
11  the provisions set forth in subsection (12) (10).
12         12.  The facilities to be used and their location.
13         13.  The qualifications to be required of the teachers
14  and the potential strategies used to recruit, hire, train, and
15  retain qualified staff to achieve best value.
16         14.  The governance structure of the school, including
17  the status of the charter school as a public or private
18  employer as required in subsection (9) (7).
19         15.  A timetable for implementing the charter which
20  addresses the implementation of each element thereof and the
21  date by which the charter shall be awarded in order to meet
22  this timetable.
23         16.  In the case of an existing public school being
24  converted to charter status, alternative arrangements for
25  current students who choose not to attend the charter school
26  and for current teachers who choose not to teach in the
27  charter school after conversion in accordance with the
28  existing collective bargaining agreement or school board
29  policy in the absence of a collective bargaining agreement.
30  However, alternative arrangements shall not be required for
31  current teachers who choose not to teach in a developmental
                                  22
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                                      CS/HB 1665, Second Engrossed
  1  research school to which a charter has been issued pursuant to
  2  paragraph (4)(e), except as authorized by the employment
  3  policies of the state university which grants the charter to
  4  the developmental research school.
  5         (b)  A charter may be renewed every 5 school years,
  6  provided that a program review demonstrates that the criteria
  7  in paragraph (a) have been successfully accomplished and that
  8  none of the grounds for nonrenewal established by paragraph
  9  (12)(a) (10)(a) have been documented. In order to facilitate
10  long-term financing for charter school construction, charter
11  schools operating for a minimum of 2 years and demonstrating
12  exemplary academic programming and fiscal management are
13  eligible for a 15-year charter renewal. Such long-term charter
14  is subject to annual review and may be terminated during the
15  term of the charter.
16         (c)  A charter may be modified during its initial term
17  or any renewal term upon the recommendation of the sponsor or
18  the charter school governing board and the approval of both
19  parties to the agreement.
20         (d)  The governing body of the charter school shall
21  exercise continuing oversight over charter school operations
22  and make annual progress reports to its sponsor, which upon
23  verification shall be forwarded to the Commissioner of
24  Education at the same time as other annual school
25  accountability reports.  The report shall contain at least the
26  following information:
27         1.  The charter school's progress towards achieving the
28  goals outlined in its charter.
29         2.  The information required in the annual school
30  report pursuant to s. 229.592.
31
                                  23
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                                      CS/HB 1665, Second Engrossed
  1         3.  Financial records of the charter school, including
  2  revenues and expenditures.
  3         4.  Salary and benefit levels of charter school
  4  employees.
  5         (e)  A sponsor shall ensure that the charter is
  6  innovative and consistent with the state education goals
  7  established by s. 229.591.
  8         (f)  Upon receipt of the annual report required by
  9  paragraph (d), the Department of Education shall provide to
10  the State Board of Education, the Commissioner of Education,
11  the President of the Senate, and the Speaker of the House of
12  Representatives an analysis and comparison of the overall
13  performance of charter school students, to include all
14  students whose scores are counted as part of the state
15  assessment program, versus comparable public school students
16  in the district as determined by the state assessment program
17  currently administered in the school district, and, as
18  appropriate, the Florida Writes Assessment Test, the High
19  School Competency Test, and other assessments administered
20  pursuant to s. 229.57(3).
21         (g)  Whenever a municipality has submitted charter
22  applications for the establishment of a charter school feeder
23  pattern (elementary, middle, and senior high schools), and
24  upon approval of each individual charter application by the
25  district school board, such applications will then be
26  designated as one charter for all purposes listed pursuant to
27  this section.
28         (12)(11)  CAUSES FOR NONRENEWAL OR TERMINATION.--
29         (a)  At the end of the term of a charter, the sponsor
30  may choose not to renew the charter for any of the following
31  grounds:
                                  24
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                                      CS/HB 1665, Second Engrossed
  1         1.  Failure to meet the requirements for student
  2  performance stated in the charter.
  3         2.  Failure to meet generally accepted standards of
  4  fiscal management.
  5         3.  Violation of law.
  6         4.  Other good cause shown.
  7         (b)  During the term of a charter, the sponsor may
  8  terminate the charter for any of the grounds listed in
  9  paragraph (a).
10         (c)  At least 90 days prior to renewing or terminating
11  a charter, the sponsor shall notify the governing body of the
12  school of the proposed action in writing. The notice shall
13  state in reasonable detail the grounds for the proposed action
14  and stipulate that the school's governing body may, within 15
15  14 calendar days after receiving the notice, request an
16  informal hearing before the sponsor. The sponsor shall conduct
17  the informal hearing within 30 calendar days after receiving a
18  written request. The charter school's governing body may,
19  within 15 14 calendar days after receiving the sponsor's
20  decision to terminate or refuse to renew the charter, appeal
21  the decision pursuant to the procedure established in
22  subsection (4).
23         (d)  A charter may be terminated immediately if the
24  sponsor determines that good cause has been shown or if the
25  health, safety, or welfare of the students is threatened. The
26  school district in which the charter school is located shall
27  assume operation of the school under these circumstances. The
28  charter school's governing board may, within 15 14 days after
29  receiving the sponsor's decision to terminate the charter,
30  appeal the decision pursuant to the procedure established in
31  subsection (4).
                                  25
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                                      CS/HB 1665, Second Engrossed
  1         (e)  When a charter is not renewed or is terminated,
  2  the school shall be dissolved under the provisions of law
  3  under which the school was organized, and any unencumbered
  4  public funds from the charter school shall revert to the
  5  district school board.  In the event a charter school is
  6  dissolved or is otherwise terminated, all district school
  7  board property and improvements, furnishings, and equipment
  8  purchased with public funds shall automatically revert to full
  9  ownership by the district school board, subject to complete
10  satisfaction of any lawful liens or encumbrances.
11         (f)  If a charter is not renewed or is terminated, the
12  charter school is responsible for all debts of the charter
13  school. The district may not assume the debt from any contract
14  for services made between the governing body of the school and
15  a third party, except for a debt that is previously detailed
16  and agreed upon in writing by both the district and the
17  governing body of the school and that may not reasonably be
18  assumed to have been satisfied by the district.
19         (g)  If a charter is not renewed or is terminated, a
20  student who attended the school may apply to, and shall be
21  enrolled in, another public school. Normal application
22  deadlines shall be disregarded under such circumstances.
23         (13)(12)  EXEMPTION FROM STATUTES.--A charter school
24  shall operate in accordance with its charter and shall be
25  exempt from all statutes of the Florida School Code, except
26  those specifically applying to charter schools; those
27  pertaining to the provision of services to students with
28  disabilities; those pertaining to civil rights, including s.
29  228.2001, relating to discrimination; and those pertaining to
30  student health, safety, and welfare; or as otherwise required
31  by this section. A charter school shall not be exempt from the
                                  26
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                                      CS/HB 1665, Second Engrossed
  1  following statutes:  chapter 119, relating to public records,
  2  and s. 286.011, relating to public meetings and records,
  3  public inspection, and penalties. The charter school's
  4  governing board may apply to the Commissioner of Education for
  5  a waiver of provisions of chapters 230-239 which are
  6  applicable to charter schools under this section, except that
  7  the provisions of chapter 236 or chapter 237 shall not be
  8  eligible for waiver if the waiver would affect funding
  9  allocations or create inequity in public school funding. The
10  Commissioner of Education must confirm receipt of a waiver
11  request from a charter school by providing a copy of the
12  request to the sponsor. The commissioner may grant the waiver
13  if necessary to implement the school program and shall provide
14  notice of the final dispensation of the waiver request to the
15  charter school governing board and the charter school's
16  sponsor.
17         (14)(13)  EMPLOYEES OF CHARTER SCHOOLS.--
18         (a)  A charter school shall select its own employees. A
19  charter school may contract with its sponsor for the services
20  of personnel employed by the sponsor.
21         (b)  Charter school employees shall have the option to
22  bargain collectively.  Employees may collectively bargain as a
23  separate unit or as part of the existing district collective
24  bargaining unit as determined by the structure of the charter
25  school.
26         (c)  The employees of a conversion charter school shall
27  remain public employees for all purposes, unless such
28  employees choose not to do so.
29         (d)  The teachers at a charter school may choose to be
30  part of a professional group that subcontracts with the
31  charter school to operate the instructional program under the
                                  27
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                                      CS/HB 1665, Second Engrossed
  1  auspices of a partnership or cooperative that they
  2  collectively own. Under this arrangement, the teachers would
  3  not be public employees.
  4         (e)  Employees of a school district may take leave to
  5  accept employment in a charter school upon the approval of the
  6  district school board. While employed by the charter school
  7  and on leave that is approved by the school board, the
  8  employee may retain seniority accrued in that school district
  9  and may continue to be covered by the benefit programs of that
10  school district, if the charter school and the district school
11  board agree to this arrangement and its financing. School
12  districts shall not require resignations of teachers desiring
13  to teach in a charter school. This paragraph shall not
14  prohibit a school board from approving alternative leave
15  arrangements consistent with chapter 231.
16         (f)  Except as otherwise provided by law, teachers
17  employed by or under contract to a charter school shall be
18  certified as required by chapter 231. A charter school
19  governing board may employ or contract with skilled selected
20  noncertified personnel to provide instructional services or to
21  assist instructional staff members as education
22  paraprofessionals in the same manner as defined in chapter
23  231, and as provided by the governing board's rules and
24  procedures State Board of Education rule for charter school
25  governing boards. However, all teachers must submit to
26  background checks and fingerprinting as required by s. 231.17.
27  The charter school governing board must approve employment of
28  noncertified teachers or teachers teaching out of their field
29  of certification. Those teachers must be mentored by a
30  certified teacher who shall evaluate in writing their ability
31  to teach the subject matter in accordance with rules
                                  28
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                                      CS/HB 1665, Second Engrossed
  1  established by the governing board for this purpose. This
  2  evaluation shall be submitted to the charter school governing
  3  board at the end of the school year and must be considered in
  4  any decision regarding employment of the noncertified teacher
  5  for the following school year. A charter school may not
  6  knowingly employ an individual to provide instructional
  7  services or to serve as an education paraprofessional if the
  8  individual's certification or licensure as an educator is
  9  suspended or revoked by this or any other state. A charter
10  school may not knowingly employ an individual who has resigned
11  from a school district in lieu of disciplinary action with
12  respect to child welfare or safety, or who has been dismissed
13  for just cause by any school district with respect to child
14  welfare or safety. The qualifications of teachers shall be
15  disclosed to parents.
16         (g)  A charter school shall employ or contract with
17  employees who have been fingerprinted as provided in s.
18  231.02. Members of the governing board of the charter school
19  shall also be fingerprinted in a manner similar to that
20  provided in s. 231.02.
21         (15)(14)  REVENUE.--Students enrolled in a charter
22  school, regardless of the sponsorship, shall be funded as if
23  they are in a basic program or a special program, the same as
24  students enrolled in other public schools in the school
25  district. Funding for a chartered developmental research
26  school shall be as provided in s. 228.053(9).
27         (a)  Each charter school shall report its student
28  enrollment to the district school board as required in s.
29  236.081, and in accordance with the definitions in s. 236.013.
30  The district school board shall include each charter school's
31  enrollment in the district's report of student enrollment. All
                                  29
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                                      CS/HB 1665, Second Engrossed
  1  charter schools submitting student record information required
  2  by the Department of Education shall comply with the
  3  department's guidelines for electronic data formats for such
  4  data, and all districts shall accept electronic data that
  5  complies with the department's electronic format.
  6         (b)  The basis for the agreement for funding students
  7  enrolled in a charter school shall be the sum of the school
  8  district's operating funds from the Florida Education Finance
  9  Program as provided in s. 236.081 and the General
10  Appropriations Act, including gross state and local funds,
11  discretionary lottery funds, and funds from the school
12  district's current operating discretionary millage levy;
13  divided by total funded weighted full-time equivalent students
14  in the school district; multiplied by the weighted full-time
15  equivalent students for the charter school.  Charter schools
16  whose students or programs meet the eligibility criteria in
17  law shall be entitled to their proportionate share of
18  categorical program funds included in the total funds
19  available in the Florida Education Finance Program by the
20  Legislature, including transportation.  Total funding for each
21  charter school will be recalculated during the year to reflect
22  the revised calculations under the Florida Education Finance
23  Program by the state and the actual weighted full-time
24  equivalent students reported by the charter school during the
25  full-time equivalent student survey periods designated by the
26  Commissioner of Education.
27         (c)  Transportation of charter school students shall be
28  provided by the charter school consistent with the
29  requirements of chapter 234. The governing body of the charter
30  school may provide transportation through an agreement or
31  contract with the district school board, a private provider,
                                  30
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                                      CS/HB 1665, Second Engrossed
  1  or parents. The charter school and the sponsor shall cooperate
  2  in making arrangements that ensure that transportation is not
  3  a barrier to equal access for all students residing within a
  4  reasonable distance of the charter school as determined in its
  5  charter.
  6         (d)  If the district school board is providing programs
  7  or services to students funded by federal funds, any eligible
  8  students enrolled in charter schools in the school district
  9  shall be provided federal funds for the same level of service
10  provided students in the schools operated by the district
11  school board. Pursuant to provisions of 20 U.S.C. 8061 s.
12  10306, all charter schools shall receive all federal funding
13  for which the school is otherwise eligible, including Title I
14  funding, not later than 5 months after the charter school
15  first opens and within 5 months after any subsequent expansion
16  of enrollment.
17         (e)  Any administrative fee charged by the school
18  district relating to a charter school shall be limited to 5
19  percent of the available funds as defined in paragraph (b) not
20  including capital outlay funds, federal and state grants, or
21  any other funds unless explicitly provided by law. The sponsor
22  shall provide certain administrative and educational services
23  to charter schools at no additional fee. These services shall
24  include contract management services, FTE and data reporting,
25  exceptional student education administration, test
26  administration, processing of teacher certificate data, and
27  information services.
28         (f)  School boards shall make every effort to ensure
29  that charter schools receive timely and efficient
30  reimbursement, including processing paperwork required to
31  access special state and federal funding for which they may be
                                  31
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                                      CS/HB 1665, Second Engrossed
  1  eligible. The district school board shall may distribute funds
  2  to a charter school for up to 3 months based on the projected
  3  full-time equivalent student membership of the charter school.
  4  Thereafter, the results of full-time equivalent student
  5  membership surveys must be used in adjusting the amount of
  6  funds distributed monthly to the charter school for the
  7  remainder of the fiscal year. The payment shall be issued no
  8  later than 10 working days after the district school board
  9  receives a distribution of state or federal funds. If a
10  warrant for payment is not issued within 30 working days after
11  receipt of funding by the district school board, the school
12  district shall pay to the charter school, in addition to the
13  amount of the scheduled disbursement, interest at a rate of 1
14  percent per month calculated on a daily basis on the unpaid
15  balance from the expiration of the 30-day period until such
16  time as the warrant is issued.
17         (g)  If a district school board facility or property is
18  available because it is surplus, marked for disposal, or
19  otherwise unused, it shall be provided for a charter school's
20  use on the same basis as it is made available to other public
21  schools in the district.  A charter school receiving property
22  from the school district may not sell or dispose of such
23  property without written permission of the school district.
24  Similarly, for an existing public school converting to charter
25  status, no rental or leasing fee for the existing facility or
26  for the property normally inventoried to the conversion school
27  may be charged by the district school board to the parents and
28  teachers organizing the charter school.  The charter
29  organizers shall agree to reasonable maintenance provisions in
30  order to maintain the facility in a manner similar to district
31  school board standards. The Public Education Capital Outlay
                                  32
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                                      CS/HB 1665, Second Engrossed
  1  maintenance funds or any other maintenance funds generated by
  2  the facility operated as a conversion school shall remain with
  3  the conversion school.
  4         (h)  If other goods and services are made available to
  5  the charter school through the contract with the school
  6  district, they shall be provided to the charter school at a
  7  rate no greater than the district's actual cost. To maximize
  8  the use of state funds, school districts shall allow charter
  9  schools to participate in the sponsor's bulk purchasing
10  program if applicable.
11         (16)(15)  IMMUNITY.--For the purposes of tort
12  liability, the governing body and employees of a charter
13  school shall be governed by s. 768.28.
14         (17)(16)  LENGTH OF SCHOOL YEAR.--A charter school
15  shall provide instruction for at least the number of days
16  required by law for other public schools, and may provide
17  instruction for additional days.
18         (18)(17)  FACILITIES.--
19         (a)  A charter school shall use utilize facilities that
20  which comply with the Florida Building Code and the Florida
21  Fire Prevention Code or with the applicable provisions of the
22  Florida Building Code, excluding section 423, and the
23  applicable provisions of the Florida Fire Prevention Code,
24  excluding section 5 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
                                  33
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                                      CS/HB 1665, Second Engrossed
  1  and the governing board, pursuant to subsection (9), shall be
  2  exempt from ad valorem taxes pursuant to s. 196.1983.
  3         (c)  Charter school facilities are exempt from
  4  assessments of fees for building permits, except as provided
  5  in s. 553.80, and from impact fees or service availability
  6  fees After January 1, 2001, charter school facilities shall
  7  utilize facilities which comply with the Florida Building
  8  Code, pursuant to chapter 553, and the Florida Fire Prevention
  9  Code, pursuant to chapter 633.
10         (d)  Any charter school to be newly constructed shall
11  be a new public educational facility for purposes of s.
12  235.193(5) and (6).
13         (19)(18)  INITIAL COSTS.--A sponsor may approve a
14  charter for a charter school before the applicant has secured
15  space, equipment, or personnel, if the applicant indicates
16  approval is necessary for it to raise working capital.
17         (20)(19)  INFORMATION.--The Department of Education
18  shall provide information to the public, directly and through
19  sponsors, both on how to form and operate a charter school and
20  on how to enroll in charter schools once they are created.
21  This information shall include a standard application format
22  which shall include the information specified in subsection
23  (9). This application format may be used by chartering
24  entities.
25         (21)(20)  GENERAL AUTHORITY.--A charter school shall
26  not levy taxes or issue bonds secured by tax revenues.
27         (22)(21)  REVIEW.--
28         (a)  The Department of Education shall regularly
29  convene a Charter School Review Panel in order to review
30  issues, practices, and policies regarding charter schools. The
31  composition of the review panel shall include individuals with
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                                      CS/HB 1665, Second Engrossed
  1  experience in finance, administration, law, education, and
  2  school governance, and individuals familiar with charter
  3  school construction and operation. The panel shall include two
  4  appointees each from the Commissioner of Education, the
  5  President of the Senate, and the Speaker of the House of
  6  Representatives. The Governor shall appoint three members of
  7  the panel and shall designate the chair. Each member of the
  8  panel shall serve a 1-year term, unless renewed by the office
  9  making the appointment. The panel shall make recommendations
10  to the Legislature, to the Department of Education, to charter
11  schools, and to school districts for improving charter school
12  operations and oversight and for ensuring best business
13  practices at and fair business relationships with charter
14  schools.
15         (b)  The Legislature shall review the operation of
16  charter schools during the 2005 Regular Session of the
17  Legislature.
18         (23)(22)  RULEMAKING.--The Department of Education,
19  after consultation with school districts and charter school
20  directors, shall recommend that the State Board of Education
21  adopt rules to implement specific subsections of this section.
22  Such rules shall require minimum paperwork and shall not limit
23  charter school flexibility authorized by statute.
24         (24)(23)  CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER
25  SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS
26  IN-A-MUNICIPALITY.--
27         (a)  In order to increase business partnerships in
28  education, to reduce school and classroom overcrowding
29  throughout the state, to encourage developers of residential
30  and other projects to provide school infrastructure concurrent
31  with school impacts, to promote and encourage local
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                                      CS/HB 1665, Second Engrossed
  1  communities to participate in and advance the cause of
  2  neighborhood schools, and to offset the high costs for
  3  educational facilities construction, the Legislature intends
  4  to encourage the formation of business partnership schools or
  5  satellite learning centers through charter school status.
  6         (b)  A charter school-in-the-workplace may be
  7  established when a business partner provides the school
  8  facility to be used; enrolls students based upon a random
  9  lottery which involves all of the children of employees of
10  that business or corporation who are seeking enrollment, as
11  provided for in subsection (8) (6); and enrolls students
12  according to the racial/ethnic balance provisions described in
13  subparagraph (11)(a)8. (9)(a)8. Any portion of a facility used
14  for a public charter school shall be exempt from ad valorem
15  taxes, as provided for in s. 235.198, for the duration of its
16  use as a public school.
17         (c)  A charter school-in-a-municipality designation may
18  be granted to a municipality that possesses a charter; enrolls
19  students based upon a random lottery that involves all of the
20  children of the residents of that municipality who are seeking
21  enrollment, as provided for in subsection (8) (6); and enrolls
22  students according to the racial/ethnic balance provisions
23  described in subparagraph (11)(a)8. (9)(a)8. Any portion of
24  the land and facility used for a public charter school shall
25  be exempt from ad valorem taxes, as provided for in s.
26  235.198, for the duration of its use as a public school.
27         (d)  As used in this subsection, the terms "business
28  partner," "employer," "developer," or "municipality" may
29  include more than one business, employer, developer, or
30  municipality to form a charter school-in-the-workplace,
31
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                                      CS/HB 1665, Second Engrossed
  1  charter school-in-a-development, or charter
  2  school-in-a-municipality.
  3         Section 2.  Subsections (1) and (5) of section
  4  228.0561, Florida Statutes, are amended to read:
  5         228.0561  Charter schools capital outlay funding.--
  6         (1)  In each year in which funds are appropriated for
  7  charter school capital outlay purposes, the Commissioner of
  8  Education shall allocate the funds among eligible charter
  9  schools.  To be eligible for a funding allocation, a charter
10  school must meet the provisions of subsection (6), must have
11  received final approval from its sponsor pursuant to s.
12  228.056 for operation during that fiscal year, and must serve
13  students in facilities that are not provided by the charter
14  school's sponsor.  Prior to the release of capital outlay
15  funds to a school district on behalf of the charter school,
16  the Department of Education shall ensure that the district
17  school board and the charter school governing board enter into
18  a written agreement that includes provisions for the reversion
19  of any unencumbered funds and all equipment and property
20  purchased with public education funds to the ownership of the
21  district school board, as provided for in subsection (3), in
22  the event that the school terminates operations.  Any funds
23  recovered by the state shall be deposited in the General
24  Revenue Fund.  A charter school is not eligible for a funding
25  allocation if it was created by the conversion of a public
26  school and operates in facilities provided by the charter
27  school's sponsor for a nominal fee or at no charge or if it is
28  directly or indirectly operated by the school district. 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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                                      CS/HB 1665, Second Engrossed
  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. A dedicated funding
  6  source, if identified in writing by the Commissioner of
  7  Education and submitted along with the annual charter school
  8  legislative budget request, may be considered an additional
  9  source of funding. Funds shall be distributed on the basis of
10  the capital outlay full-time equivalent membership by grade
11  level, which shall be calculated by averaging the results of
12  the second and third enrollment surveys. The Department of
13  Education shall distribute capital outlay funds monthly,
14  beginning in the first quarter of the fiscal year, based on
15  one-twelfth of the amount the department reasonably expects
16  the charter school to receive during that fiscal year. The
17  commissioner shall adjust subsequent distributions as
18  necessary to reflect each charter school's actual student
19  enrollment as reflected in the second and third enrollment
20  surveys. The commissioner shall establish the intervals and
21  procedures for determining the projected and actual student
22  enrollment of eligible charter schools.
23         (5)  The annual legislative budget request of the
24  Department of Education shall include a request for capital
25  outlay funding for charter schools.  The request shall be
26  based on the projected number of students to be served in
27  charter schools who meet the eligibility requirements of this
28  section. This budget request may also be accompanied by a
29  written statement from the Commissioner of Education
30  requesting that a dedicated funding source identified by the
31
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                                      CS/HB 1665, Second Engrossed
  1  commissioner be used to supplement that year's charter school
  2  funding.
  3         Section 3.  Subsection (5) of section 235.193, Florida
  4  Statutes, is amended to read:
  5         235.193  Coordination of planning with local governing
  6  bodies.--
  7         (5)  As early in the design phase as feasible, but at
  8  least before commencing construction of a new public
  9  educational facility, including a charter school, the local
10  governing body that regulates the use of land shall determine,
11  in writing within 90 days after receiving the necessary
12  information and a school board's request or charter school
13  governing body's request for a determination, whether a
14  proposed public educational facility is consistent with the
15  local comprehensive plan and local land development
16  regulations, to the extent that the regulations are not in
17  conflict with or the subject regulated is not specifically
18  addressed by this chapter or the State Uniform Building Code,
19  unless mutually agreed. If the determination is affirmative,
20  school construction may proceed and further local government
21  approvals are not required, except as provided in this
22  section. Failure of the local governing body to make a
23  determination in writing within 90 days after a school board's
24  request or charter school governing body's request for a
25  determination of consistency shall be considered an approval
26  of the school board's application or charter school governing
27  body's application.
28         Section 4.  This act shall take effect July 1, 2002.
29
30
31
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