Senate Bill sb0038A

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    Florida Senate - 2003                                  SB 38-A

    By Senator Webster





    9-2588-03

  1                      A bill to be entitled

  2         An act relating to charter schools; amending s.

  3         1002.33, F.S.; providing guiding principles;

  4         requiring an emphasis on reading; requiring

  5         certain accountability measures; authorizing

  6         community colleges to develop charter schools;

  7         revising application requirements; requiring

  8         fiscal projections in a charter application;

  9         extending the time allowed for the State Board

10         of Education to act on an appeal; requiring

11         auditors to provide notification of certain

12         financial conditions; providing additional

13         requirements for a charter school's annual

14         report; eliminating limitations on the number

15         of charter schools per school district;

16         revising administrative fees charged by the

17         sponsor for the provision of services;

18         providing a report to the Governor; amending s.

19         1002.32, F.S.; correcting a cross-reference;

20         providing exceptions to the one lab school per

21         university limitation; revising provisions

22         relating to funding for lab schools; revising

23         provisions relating to employees of lab

24         schools; amending s. 1011.68, F.S.; correcting

25         a cross-reference; amending s. 1013.62, F.S.;

26         revising eligibility criteria for charter

27         school capital outlay funding; revising

28         purposes for charter school capital outlay

29         funds; providing allocation criteria for

30         charter school capital outlay appropriations;

31         providing for construction of the act in pari

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 1         materia with laws enacted during the Regular

 2         Session of the Legislature; providing an

 3         effective date.

 4  

 5         WHEREAS, in the 2002-2003 school year, Florida has 223

 6  charter schools educating approximately 51,000 Florida

 7  students, with a projected increase of 117 additional charter

 8  schools in the next school year, and

 9         WHEREAS, this rate of growth is a dramatic increase

10  over the prior averages of 36 charter schools per year, and

11         WHEREAS, while charter schools are public schools,

12  their unique populations or small size mean that few of them

13  are eligible for inclusion in the state's accountability

14  system, with only 38 of the 173 charter schools receiving a

15  school performance grade in 2002, and

16         WHEREAS, the issue of charter school accountability is

17  of the utmost importance at this time of budget constraints

18  and heightened awareness of public ethics, NOW, THEREFORE,

19  

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

21  

22         Section 1.  Subsections (2), (5), (6), (7), (8), (9),

23  (10), (13), (21), and (24) of section 1002.33, Florida

24  Statutes, are amended and present subsections (14) through

25  (26) are renumbered as subsections (13) through (25),

26  respectively, to read:

27         1002.33  Charter schools.--

28         (2)  GUIDING PRINCIPLES; PURPOSE.--

29         (a)  Charter schools in Florida shall be guided by the

30  following principles:

31  

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    Florida Senate - 2003                                  SB 38-A
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 1         1.  Meet high standards of student achievement while

 2  providing parents flexibility to choose among diverse

 3  educational opportunities within the state's public school

 4  system.

 5         2.  Promote enhanced academic success and financial

 6  efficiency by aligning responsibility with accountability.

 7         3.  Provide parents with sufficient information on

 8  whether their child is reading at grade level and whether the

 9  child gains at least a year's worth of learning for every year

10  spent in the charter school.

11         (b)(a)  Charter schools shall fulfill the following

12  purposes:

13         1.  Improve student learning and academic achievement.

14         2.  Increase learning opportunities for all students,

15  with special emphasis on low-performing students and reading.

16         3.  Create new professional opportunities for teachers,

17  including ownership of the learning program at the school

18  site.

19         4.  Encourage the use of innovative learning methods.

20         5.  Require the measurement of learning outcomes.

21         (c)(b)  Charter schools may fulfill the following

22  purposes:

23         1.  Create innovative measurement tools.

24         2.  Provide rigorous competition within the public

25  school district to stimulate continual improvement in all

26  public schools.

27         3.  Expand the capacity of the public school system.

28         (5)  SPONSOR; DUTIES.--

29         (a)  Sponsoring entities.--

30  

31  

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 1         1.  A district school board may sponsor a charter

 2  school in the county over which the district school board has

 3  jurisdiction.

 4         2.(b)  A state university may grant a charter to a lab

 5  school created under s. 1002.32 and shall be considered to be

 6  the school's sponsor. Such school shall be considered a

 7  charter lab school.

 8         (b)  Sponsor duties.--

 9         1.(c)  The sponsor shall monitor and review the charter

10  school in its progress toward the goals established in the

11  charter.

12         2.(d)  The sponsor shall monitor the revenues and

13  expenditures of the charter school.

14         3.(e)  The sponsor may approve a charter for a charter

15  school before the applicant has secured space, equipment, or

16  personnel, if the applicant indicates approval is necessary

17  for it to raise working capital.

18         4.(f)  The sponsor's policies shall not apply to a

19  charter school.

20         5.(g)  The A sponsor shall ensure that the charter is

21  innovative and consistent with the state education goals

22  established by s. 1000.03(5).

23         6.  The sponsor shall ensure that the charter school

24  participates in the state's education accountability system.

25  If a charter school falls short of performance measures

26  included in the approved charter, the sponsor shall report

27  such shortcomings to the Department of Education.

28  

29  A community college may work with the school district or

30  school districts in its designated service area to develop

31  charter schools that offer secondary education. These charter

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 1  schools must include an option for students to receive an

 2  associate degree upon high school graduation. District school

 3  boards shall cooperate with and assist the community college

 4  on the charter application. Community college applications for

 5  charter schools are not subject to the time deadlines outlined

 6  in subsection (6) and may be approved by the district school

 7  board at any time during the year. Community colleges shall

 8  not report FTE for any students who receive FTE funding

 9  through the Florida Education Finance Program.

10         (6)  APPLICATION PROCESS AND REVIEW.--Beginning

11  September 1, 2003, applications are subject to the following

12  requirements:

13         (a)  A person or entity wishing to open a charter

14  school shall prepare an application that:

15         1.  Demonstrates how the school will use the guiding

16  principles and meet the statutorily defined purpose of a

17  charter school.

18         2.  Provides a detailed curriculum plan that

19  illustrates how students will be provided services to attain

20  the Sunshine State Standards.

21         3.  Contains goals and objectives for improving student

22  learning and measuring that improvement. These goals and

23  objectives must indicate how much academic improvement

24  students are expected to show each year, how success will be

25  evaluated, and the specific results to be attained through

26  instruction.

27         4.  Describes the reading curriculum and differentiated

28  strategies that will be used for students reading at grade

29  level or higher and a separate curriculum and strategies for

30  students who are reading below grade level. A sponsor shall

31  deny a charter if the school does not propose a reading

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 1  curriculum that is consistent with effective teaching

 2  strategies that are grounded in scientifically based reading

 3  research.

 4         5.  Contains an annual financial plan for each year

 5  requested by the charter for operation of the school for up to

 6  5 years. This plan must contain anticipated fund balances

 7  based on revenue projections, a spending plan based on

 8  projected revenues and expenses, and a description of controls

 9  that will safeguard finances and projected enrollment trends.

10         (b)(a)  A district school board shall receive and

11  review all applications for a charter school. A district

12  school board shall receive and consider charter school

13  applications received on or before September 1 October 1 of

14  each calendar year for charter schools to be opened at the

15  beginning of the school district's next school year, or to be

16  opened at a time agreed to by the applicant and the district

17  school board. A district school board may receive applications

18  later than this date if it chooses. A sponsor may not charge

19  an applicant for a charter any fee for the processing or

20  consideration of an application, and a sponsor may not base

21  its consideration or approval of an application upon the

22  promise of future payment of any kind.

23         1.  In order to facilitate an accurate budget

24  projection process, a district school board shall be held

25  harmless for FTE students who are not included in the FTE

26  projection due to approval of charter school applications

27  after the FTE projection deadline. In a further effort to

28  facilitate an accurate budget projection, within 15 calendar

29  days after receipt of a charter school application, a district

30  school board or other sponsor shall report to the Department

31  

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 1  of Education the name of the applicant entity, the proposed

 2  charter school location, and its projected FTE.

 3         2.  In order to ensure fiscal responsibility, an

 4  application for a charter school shall include a full

 5  accounting of expected assets, a projection of expected

 6  sources and amounts of income, including income derived from

 7  projected student enrollments and from community support, and

 8  an expense projection that includes full accounting of the

 9  costs of operation, including start-up costs.

10         3.2.  A district school board shall by a majority vote

11  approve or deny an application no later than 60 calendar days

12  after the application is received, unless the district school

13  board and the applicant mutually agree to temporarily postpone

14  the vote to a specific date, at which time the district school

15  board shall by a majority vote approve or deny the

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

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

18  Education as provided in paragraph (c)(b). If an application

19  is denied, the district school board shall, within 10 calendar

20  days, articulate in writing the specific reasons based upon

21  good cause supporting its denial of the charter application.

22         4.3.  For budget projection purposes, the district

23  school board or other sponsor shall report to the Department

24  of Education the approval or denial of a charter application

25  within 10 calendar days after such approval or denial. In the

26  event of approval, the report to the Department of Education

27  shall include the final projected FTE for the approved charter

28  school.

29         5.4.  Upon approval of a charter application, the

30  initial startup shall commence 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         (c)(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 district school board shall be

 9  submitted to the State Board of Education within 30 calendar

10  days after notification of the appeal. Upon receipt of

11  notification from the State Board of Education that a charter

12  school applicant is filing an appeal, the Commissioner of

13  Education shall convene a meeting of the Charter School Appeal

14  Commission to study and make recommendations to the State

15  Board of Education regarding its pending decision about the

16  appeal. The commission shall forward its recommendation to the

17  state board no later than 7 calendar days prior to the date on

18  which the appeal is to be heard. The State Board of Education

19  shall by majority vote accept or reject the decision of the

20  district school board no later than 90 60 calendar days after

21  an appeal is filed in accordance with State Board of Education

22  rule. The Charter School Appeal Commission may reject an

23  appeal submission for failure to comply with procedural rules

24  governing the appeals process. The rejection shall describe

25  the submission errors. The appellant may have up to 15

26  calendar days from notice of rejection to resubmit an appeal

27  that meets requirements of State Board of Education rule. An

28  application for appeal submitted subsequent to such rejection

29  shall be considered timely if the original appeal was filed

30  within 30 calendar days after receipt of notice of the

31  specific reasons for the district school board's denial of the

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 1  charter application. The State Board of Education shall remand

 2  the application to the district school board with its written

 3  decision that the district school board approve or deny the

 4  application. The district school board shall implement the

 5  decision of the State Board of Education. The decision of the

 6  State Board of Education is not subject to the provisions of

 7  the Administrative Procedure Act, chapter 120.

 8         (d)(c)  The district school board shall act upon the

 9  decision of the State Board of Education within 30 calendar

10  days after it is received. The State Board of Education's

11  decision is a final action subject to judicial review.

12         (e)(d)1.  A Charter School Appeal Commission is

13  established to assist the commissioner and the State Board of

14  Education with a fair and impartial review of appeals by

15  applicants whose charters have been denied or whose charter

16  contracts have not been renewed by their sponsors.

17         2.  The Charter School Appeal Commission may receive

18  copies of the appeal documents forwarded to the State Board of

19  Education, review the documents, gather other applicable

20  information regarding the appeal, and make a written

21  recommendation to the commissioner. The recommendation must

22  state whether the appeal should be upheld or denied and

23  include the reasons for the recommendation being offered. The

24  commissioner shall forward the recommendation to the State

25  Board of Education no later than 7 calendar days prior to the

26  date on which the appeal is to be heard. The state board must

27  consider the commission's recommendation in making its

28  decision, but is not bound by the recommendation. The decision

29  of the Charter School Appeal Commission is not subject to the

30  provisions of the Administrative Procedure Act, chapter 120.

31  

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 1         3.  The commissioner shall appoint the members of the

 2  Charter School Appeal Commission. Members shall serve without

 3  compensation but may be reimbursed for travel and per diem

 4  expenses in conjunction with their service. One-half of the

 5  members must represent currently operating charter schools,

 6  and one-half of the members must represent school districts.

 7  The commissioner or a named designee shall chair the Charter

 8  School Appeal Commission.

 9         4.  The chair shall convene meetings of the commission

10  and shall ensure that the written recommendations are

11  completed and forwarded in a timely manner. In cases where the

12  commission cannot reach a decision, the chair shall make the

13  written recommendation with justification, noting that the

14  decision was rendered by the chair.

15         5.  Commission members shall thoroughly review the

16  materials presented to them from the appellant and the

17  sponsor. The commission may request information to clarify the

18  documentation presented to it. In the course of its review,

19  the commission may facilitate the postponement of an appeal in

20  those cases where additional time and communication may negate

21  the need for a formal appeal and both parties agree, in

22  writing, to postpone the appeal to the State Board of

23  Education. A new date certain for the appeal shall then be set

24  based upon the rules and procedures of the State Board of

25  Education. Commission members shall provide a written

26  recommendation to the state board as to whether the appeal

27  should be upheld or denied. A fact-based justification for the

28  recommendation must be included. The chair must ensure that

29  the written recommendation is submitted to the State Board of

30  Education members no later than 7 calendar days prior to the

31  

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 1  date on which the appeal is to be heard. Both parties in the

 2  case shall also be provided a copy of the recommendation.

 3         (f)(e)  The Department of Education may provide

 4  technical assistance to an applicant upon written request.

 5         (g)(f)  In considering charter applications for a lab

 6  school, a state university shall consult with the district

 7  school board of the county in which the lab school is located.

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

 9  the procedure established in this subsection.

10         (h)(g)  The terms and conditions for the operation of a

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

12  applicant in a written contractual agreement, called a

13  charter. The sponsor shall not impose unreasonable rules or

14  regulations that violate the intent of giving charter schools

15  greater flexibility to meet educational goals. The applicant

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

17  the provisions of the charter. The Department of Education

18  shall provide mediation services for any dispute regarding

19  this section subsequent to the approval of a charter

20  application and for any dispute relating to the approved

21  charter, except disputes regarding charter school application

22  denials. If the Commissioner of Education determines that the

23  dispute cannot be settled through mediation, the dispute may

24  be appealed to an administrative law judge appointed by the

25  Division of Administrative Hearings. The administrative law

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

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

28  charter violate the intended flexibility granted charter

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

30  section except a charter school application denial, and shall

31  award the prevailing party reasonable attorney's fees and

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

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

 3  administrative law judge rules against.

 4         (7)  CHARTER.--The major issues involving the operation

 5  of a charter school shall be considered in advance and written

 6  into the charter. The charter shall be signed by the governing

 7  body of the charter school and the sponsor, following a public

 8  hearing to ensure community input.

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

10  approval of the charter shall be based on:

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

12  and the ages and grades to be included.

13         2.  The focus of the curriculum, the instructional

14  methods to be used, any distinctive instructional techniques

15  to be employed, and identification and acquisition of

16  appropriate technologies needed to improve educational and

17  administrative performance which include a means for promoting

18  safe, ethical, and appropriate uses of technology which comply

19  with legal and professional standards. The charter shall

20  ensure that reading is a primary focus of the curriculum and

21  that resources are provided to identify and provide

22  specialized instruction for students who are reading below

23  grade level. The curriculum and instructional strategies for

24  reading must be consistent with the Sunshine State Standards

25  and grounded in scientifically based reading research.

26         3.  The current incoming baseline standard of student

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

28  method of measurement that will be used. The criteria listed

29  in this subparagraph shall include a detailed description for

30  each of the following:

31  

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 1         a.  How the baseline student academic achievement

 2  levels and prior rates of academic progress will be

 3  established.

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

 5  of academic progress achieved by these same students while

 6  attending the charter school.

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

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

 9  closely comparable student populations.

10  

11  The district school board is required to provide academic

12  student performance data to charter schools for each of their

13  students coming from the district school system, as well as

14  rates of academic progress of comparable student populations

15  in the district school system.

16         4.  The methods used to identify the educational

17  strengths and needs of students and how well educational goals

18  and performance standards are met by students attending the

19  charter school. Included in the methods is a means for the

20  charter school to ensure accountability to its constituents by

21  analyzing student performance data and by evaluating the

22  effectiveness and efficiency of its major educational

23  programs. Students in charter schools shall, at a minimum,

24  participate in the statewide assessment program created under

25  s. 1008.22.

26         5.  In secondary charter schools, a method for

27  determining that a student has satisfied the requirements for

28  graduation in s. 1003.43.

29         6.  A method for resolving conflicts between the

30  governing body of the charter school and the sponsor.

31  

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 1         7.  The admissions procedures and dismissal procedures,

 2  including the school's code of student conduct.

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

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

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

 6  same school district.

 7         9.  The financial and administrative management of the

 8  school, including a reasonable demonstration of the

 9  professional experience or competence of those individuals or

10  organizations applying to operate the charter school or those

11  hired or retained to perform such professional services and

12  the description of clearly delineated responsibilities and the

13  policies and practices needed to effectively manage the

14  charter school. A description of internal audit procedures and

15  establishment of controls to ensure that financial resources

16  are properly managed must be included. Both public sector and

17  private sector professional experience shall be equally valid

18  in such a consideration.

19         10.  The asset and liability projections required in

20  the application which are incorporated into the charter and

21  which shall be compared with information provided in the

22  annual report of the charter school. The charter shall ensure

23  that, if a charter school internal audit reveals a deficit

24  financial position, the auditors are required to notify the

25  charter school governing board, the sponsor, and the

26  Department of Education. The internal auditor shall report

27  such findings in the form of an exit interview to the

28  principal or the principal administrator of the charter school

29  and the chair of the governing board within 7 working days

30  after finding the deficit position. A final report shall be

31  provided to the entire governing board, the sponsor, and the

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 1  Department of Education within 14 working days after the exit

 2  interview.

 3         11.10.  A description of procedures that identify

 4  various risks and provide for a comprehensive approach to

 5  reduce the impact of losses; plans to ensure the safety and

 6  security of students and staff; plans to identify, minimize,

 7  and protect others from violent or disruptive student

 8  behavior; and the manner in which the school will be insured,

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

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

11  thereof and the amounts of coverage.

12         12.11.  The term of the charter which shall provide for

13  cancellation of the charter if insufficient progress has been

14  made in attaining the student achievement objectives of the

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

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

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

18  facilitate access to long-term financial resources for charter

19  school construction, charter schools that are operated by a

20  municipality or other public entity as provided by law are

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

22  the district school board. A charter lab school is eligible

23  for a charter for a term of up to 15 years. In addition, to

24  facilitate access to long-term financial resources for charter

25  school construction, charter schools that are operated by a

26  private, not-for-profit, s. 501(c)(3) status corporation are

27  eligible for up to a 10-year charter, subject to approval by

28  the  district school board. Such long-term charters remain

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

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

31  the provisions set forth in subsection (8).

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 1         13.12.  The facilities to be used and their location.

 2         14.13.  The qualifications to be required of the

 3  teachers and the potential strategies used to recruit, hire,

 4  train, and retain qualified staff to achieve best value.

 5         15.14.  The governance structure of the school,

 6  including the status of the charter school as a public or

 7  private employer as required in paragraph (12)(i).

 8         16.15.  A timetable for implementing the charter which

 9  addresses the implementation of each element thereof and the

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

11  this timetable.

12         17.16.  In the case of an existing public school being

13  converted to charter status, alternative arrangements for

14  current students who choose not to attend the charter school

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

16  charter school after conversion in accordance with the

17  existing collective bargaining agreement or district school

18  board rule in the absence of a collective bargaining

19  agreement. However, alternative arrangements shall not be

20  required for current teachers who choose not to teach in a

21  charter lab school, except as authorized by the employment

22  policies of the state university which grants the charter to

23  the lab school.

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

25  provided that a program review demonstrates that the criteria

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

27  none of the grounds for nonrenewal established by paragraph

28  (8)(a) has been documented. In order to facilitate long-term

29  financing for charter school construction, charter schools

30  operating for a minimum of 2 years and demonstrating exemplary

31  academic programming and fiscal management are eligible for a

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 1  15-year charter renewal. Such long-term charter is subject to

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

 3  charter.

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

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

 6  the charter school governing board and the approval of both

 7  parties to the agreement.

 8         (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--

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

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

11  grounds:

12         1.  Failure to participate in the state's education

13  accountability system created in s. 1008.31, as required in

14  this section, or 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  (6).

 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 (6).

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. Any

24  unencumbered public funds from the charter school, district

25  school board property and improvements, furnishings, and

26  equipment purchased with public funds, or financial or other

27  records pertaining to the charter school, in the possession of

28  any person, entity, or holding company, other than the charter

29  school, shall be held in trust upon the district school

30  board's request, until any appeal status is resolved.

31  

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

 2  charter school is responsible for all debts of the charter

 3  school. The district may not assume the debt from any contract

 4  for services made between the governing body of the school and

 5  a third party, except for a debt that is previously detailed

 6  and agreed upon in writing by both the district and the

 7  governing body of the school and that may not reasonably be

 8  assumed to have been satisfied by the district.

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

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

11  enrolled in, another public school. Normal application

12  deadlines shall be disregarded under such circumstances.

13         (9)  CHARTER SCHOOL REQUIREMENTS.--

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

15  programs, admission policies, employment practices, and

16  operations.

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

18  in subsection (10).

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

20  sponsor for performance as provided in subsection (7).

21         (d)  A charter school shall not charge tuition or

22  registration fees, except those fees normally charged by other

23  public schools. However, a charter lab school may charge a

24  student activity and service fee as authorized by s.

25  1002.32(5).

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

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

28         (f)  A charter school shall not violate the

29  antidiscrimination provisions of s. 1000.05.

30         (g)  A charter school shall provide for an annual

31  financial audit in accordance with s. 218.39.

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

 2  statewide.

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

 4  comparable to that reported for other public schools, charter

 5  schools are to maintain all financial records which constitute

 6  their accounting system:

 7         1.  In accordance with the accounts and codes

 8  prescribed in the most recent issuance of the publication

 9  titled "Financial and Program Cost Accounting and Reporting

10  for Florida Schools"; or

11         2.  At the discretion of the charter school governing

12  board, a charter school may elect to follow generally accepted

13  accounting standards for not-for-profit organizations, but

14  must reformat this information for reporting according to this

15  paragraph.

16  

17  Charter schools are to provide annual financial report and

18  program cost report information in the state-required formats

19  for inclusion in district reporting in compliance with s.

20  1011.60(1). Charter schools that are operated by a

21  municipality or are a component unit of a parent nonprofit

22  organization may use the accounting system of the municipality

23  or the parent but must reformat this information for reporting

24  according to this paragraph.

25         (j)  The governing board of the charter school shall

26  annually adopt and maintain an operating budget.

27         (k)  The governing body of the charter school shall

28  exercise continuing oversight over charter school operations

29  and make annual progress reports to its sponsor, which upon

30   verification shall be forwarded to the Commissioner of

31  Education at the same time as other annual school

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 1  accountability reports. The report shall contain at least the

 2  following information:

 3         (l)  The governing body of the charter school shall

 4  report its progress annually to its sponsor, which shall

 5  forward the report to the Commissioner of Education at the

 6  same time as other annual school accountability reports. The

 7  Department of Education shall include in its compilation a

 8  notation if a school failed to file its report by the deadline

 9  established by the department. The report shall include at

10  least the following components:

11         1.  Student achievement performance data, including the

12  information required for the annual school report and the

13  education accountability system governed by ss. 1008.31 and

14  1008.345. Charter schools are subject to the same

15  accountability requirements as other public schools, including

16  reports of student achievement information that links baseline

17  student data to the school's performance projections

18  identified in the charter. The charter school shall identify

19  reasons for any difference between projected and actual

20  student performance The charter school's progress toward

21  achieving the goals outlined in its charter.

22         2.  Financial status of the charter school which must

23  include revenues and expenditures at a level of detail that

24  allows for analysis of the ability to meet financial

25  obligations and timely repayment of debt The information

26  required in the annual school report pursuant to s. 1008.345.

27         3.  Documentation of the facilities in current use and

28  any planned facilities for use by the charter school for

29  instruction of students, administrative functions, or

30  investment purposes Financial records of the charter school,

31  including revenues and expenditures.

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 1         4.  Descriptive information about the charter school's

 2  personnel, including salary and benefit levels of charter

 3  school employees, the proportion of instructional personnel

 4  who hold professional or temporary certificates, and the

 5  proportion of instructional personnel teaching in-field or

 6  out-of-field.

 7         (m)(l)  A charter school shall not levy taxes or issue

 8  bonds secured by tax revenues.

 9         (n)(m)  A charter school shall provide instruction for

10  at least the number of days required by law for other public

11  schools, and may provide instruction for additional days.

12         (10)  ELIGIBLE STUDENTS.--

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

14  covered in an interdistrict agreement or residing in the

15  school district in which the charter school is located;

16  however, in the case of a charter lab school, the charter lab

17  school shall be open to any student eligible to attend the lab

18  school as provided in s. 1002.32 or who resides in the school

19  district in which the charter lab school is located. Any

20  eligible student shall be allowed interdistrict transfer to

21  attend a charter school when based on good cause.

22         (b)  The charter school shall enroll an eligible

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

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

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

26  equal chance of being admitted through a random selection

27  process.

28         (c)  When a public school converts to charter status,

29  enrollment preference shall be given to students who would

30  have otherwise attended that public school.

31  

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 1         (d)  A charter school may give enrollment preference to

 2  the following student populations:

 3         1.  Students who are siblings of a student enrolled in

 4  the charter school.

 5         2.  Students who are the children of a member of the

 6  governing board of the charter school.

 7         3.  Students who are the children of an employee of the

 8  charter school.

 9         (e)  A charter school may limit the enrollment process

10  only to target the following student populations:

11         1.  Students within specific age groups or grade

12  levels.

13         2.  Students considered at risk of dropping out of

14  school or academic failure. Such students shall include

15  exceptional education students.

16         3.  Students enrolling in a charter

17  school-in-the-workplace or charter school-in-a-municipality

18  established pursuant to subsection (15)(16).

19         4.  Students residing within a reasonable distance of

20  the charter school, as described in paragraph (20) (21)(c).

21  Such students shall be subject to a random lottery and to the

22  racial/ethnic balance provisions described in subparagraph

23  (7)(a)8. or any federal provisions that require a school to

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

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

26  schools in the same school district.

27         5.  Students who meet reasonable academic, artistic, or

28  other eligibility standards established by the charter school

29  and included in the charter school application and charter or,

30  in the case of existing charter schools, standards that are

31  consistent with the school's mission and purpose. Such

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 1  standards shall be in accordance with current state law and

 2  practice in public schools and may not discriminate against

 3  otherwise qualified individuals.

 4         6.  Students articulating from one charter school to

 5  another pursuant to an articulation agreement between the

 6  charter schools that has been approved by the sponsor.

 7         (f)  Students with handicapping conditions and students

 8  served in English for Speakers of Other Languages programs

 9  shall have an equal opportunity of being selected for

10  enrollment in a charter school.

11         (g)  A student may withdraw from a charter school at

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

13  district school board rule.

14         (h)  The capacity of the charter school shall be

15  determined annually by the governing board, in conjunction

16  with the sponsor, of the charter school in consideration of

17  the factors identified in this subsection.

18         (13)  NUMBER OF SCHOOLS.--

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

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

21  100,000 or more students, no more than 20 in each school

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

23  12 in each school district with fewer than 50,000 students.

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

25  charter school shall not be counted toward the limit

26  established by paragraph (a).

27         (c)  Notwithstanding any limit established by this

28  subsection, a district school board or a charter school

29  applicant shall have the right to request an increase of the

30  limit on the number of charter schools authorized to be

31  

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 1  established within the district from the State Board of

 2  Education.

 3         (d)  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 shall then be

 8  designated as one charter school for all purposes listed

 9  pursuant to this section.

10         (20)(21)  SERVICES.--

11         (a)  A sponsor shall provide certain administrative and

12  educational services to charter schools. These services shall

13  include contract management services, full-time equivalent and

14  data reporting services, exceptional student education

15  administration services, test administration services,

16  processing of teacher certificate data services, and

17  information services. A total administrative fee for the

18  provision of such services shall be calculated based upon 5

19  percent of the available funds defined in paragraph (17)(b)

20  for all students. However, a sponsor may only withhold a

21  5-percent administrative fee for enrollment for up to and

22  including 500 students. For charter schools with a population

23  of 501 or more students, the difference between the total

24  administrative fee calculation and the amount of the

25  administrative fee withheld may only be used for capital

26  outlay purposes specified in s. 1013.62(2) Any administrative

27  fee charged by the sponsor for the provision of services shall

28  be limited to 5 percent of the available funds defined in

29  paragraph (18)(b).

30         (b)  If goods and services are made available to the

31  charter school through the contract with the school district,

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 1  they shall be provided to the charter school at a rate no

 2  greater than the district's actual cost. To maximize the use

 3  of state funds, school districts shall allow charter schools

 4  to participate in the sponsor' s bulk purchasing program if

 5  applicable.

 6         (c)  Transportation of charter school students shall be

 7  provided by the charter school consistent with the

 8  requirements of subpart I.e. of chapter 1006. The governing

 9  body of the charter school may provide transportation through

10  an agreement or contract with the district school board, a

11  private provider, or parents. The charter school and the

12  sponsor shall cooperate in making arrangements that ensure

13  that transportation is not a barrier to equal access for all

14  students residing within a reasonable distance of the charter

15  school as determined in its charter.

16         (23)(24)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon

17  receipt of the annual report required by paragraph

18  (9)(l)(9)(k), the Department of Education shall provide to the

19  State Board of Education, the Commissioner of Education, the

20  Governor, the President of the Senate, and the Speaker of the

21  House of Representatives an analysis and comparison of the

22  overall performance of charter school students, to include all

23  students whose scores are counted as part of the statewide

24  assessment program, versus comparable public school students

25  in the district as determined by the statewide assessment

26  program currently administered in the school district, and

27  other assessments administered pursuant to s. 1008.22(3).

28         Section 2.  Subsection (2) and paragraphs (a), (c), and

29  (h) of subsection (9) of section 1002.32, Florida Statutes,

30  are amended to read:

31         1002.32  Developmental research (laboratory) schools.--

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 1         (2)  ESTABLISHMENT.--There is established a category of

 2  public schools to be known as developmental research

 3  (laboratory) schools (lab schools). Each lab school shall

 4  provide sequential instruction and shall be affiliated with

 5  the college of education within the state university of

 6  closest geographic proximity. A lab school to which a charter

 7  has been issued under s. 1002.33(5)(a)2. (5)(b) must be

 8  affiliated with the college of education within the state

 9  university that issued the charter, but is not subject to the

10  requirement that the state university be of closest geographic

11  proximity. For the purpose of state funding, Florida

12  Agricultural and Mechanical University, Florida Atlantic

13  University, Florida State University, the University of

14  Florida, and other universities approved by the State Board of

15  Education and the Legislature are authorized to sponsor a lab

16  school one or more lab schools. The limitation of one lab

17  school per university shall not apply to the following charter

18  lab schools authorized prior to June 1, 2003: Florida State

19  University Charter Lab Elementary School in Broward County,

20  Florida Atlantic University Charter Lab 9-12 High School in

21  Palm Beach County, and Florida Atlantic University Charter Lab

22  K-12 School in St. Lucie County.

23         (9)  FUNDING.--Funding for a lab school, including a

24  charter lab school, shall be provided as follows:

25         (a)  Each lab school shall be allocated its

26  proportional share of operating funds from the Florida

27  Education Finance Program as provided in s. 1011.62 and the

28  General Appropriations Act. The nonvoted ad valorem millage

29  that would otherwise be required for lab schools shall be

30  allocated from state funds. The required local effort funds

31  calculated pursuant to s. 1011.62 shall be allocated from

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 1  state funds to the schools as a part of the allocation of

 2  operating funds pursuant to s. 1011.62. Each eligible lab

 3  school in operation as of September 1, 2002, shall also

 4  receive a proportional share of the sparsity supplement as

 5  calculated pursuant to s. 1011.62. In addition, each lab

 6  school shall receive its proportional share of all categorical

 7  funds, with the exception of s. 1011.68, and new categorical

 8  funds enacted after July 1, 1994, for the purpose of

 9  elementary or secondary academic program enhancement. The sum

10  of funds available as provided in this paragraph shall be

11  included annually in the Florida Education Finance Program and

12  appropriate categorical programs funded in the General

13  Appropriations Act.

14         (c)  All operating funds provided under this section

15  shall be deposited in a Lab School Trust Fund and shall be

16  expended for the purposes of this section. The university

17  assigned a lab school shall be the fiscal agent for these

18  funds, and all rules of the university governing the budgeting

19  and expenditure of state funds shall apply to these funds

20  unless otherwise provided by law or rule of the State Board of

21  Education. The university board of trustees shall be the

22  public employer of lab school personnel for collective

23  bargaining purposes for lab schools in operation prior to the

24  2002-2003 fiscal year. Employees of charter lab schools

25  authorized prior to June 1, 2003, but not in operation prior

26  to the 2002-2003 fiscal year shall be employees of the entity

27  holding the charter and must comply with the provisions of s.

28  1002.33(12).

29         (h)  A lab school to which a charter has been issued

30  under s. 1002.33(5)(a)2.(5)(b) is eligible to receive funding

31  for charter school capital outlay if it meets the eligibility

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 1  requirements of s. 1013.62. If the lab school receives funds

 2  from charter school capital outlay, the school shall receive

 3  capital outlay funds otherwise provided in this subsection

 4  only to the extent that funds allocated pursuant to s. 1013.62

 5  are insufficient to provide capital outlay funds to the lab

 6  school at one-fifteenth of the cost per student station.

 7         Section 3.  Section 1011.68, Florida Statutes, is

 8  amended to read:

 9         1011.68  Funds for student transportation.--The annual

10  allocation to each district for transportation to public

11  school programs, including charter schools as provided in s.

12  1002.33(17)(18)(b), of students in membership in kindergarten

13  through grade 12 and in migrant and exceptional student

14  programs below kindergarten shall be determined as follows:

15         (1)  Subject to the rules of the State Board of

16  Education, each district shall determine the membership of

17  students who are transported:

18         (a)  By reason of living 2 miles or more from school.

19         (b)  By reason of being students with disabilities or

20  enrolled in a teenage parent program, regardless of distance

21  to school.

22         (c)  By reason of being in a state prekindergarten

23  program, regardless of distance from school.

24         (d)  By reason of being career and technical, dual

25  enrollment, or students with disabilities transported from one

26  school center to another to participate in an instructional

27  program or service; or students with disabilities, transported

28  from one designation to another in the state, provided one

29  designation is a school center and provided the student's

30  individual educational plan (IEP) identifies the need for the

31  instructional program or service and transportation to be

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 1  provided by the school district. A "school center" is defined

 2  as a public school center, community college, state

 3  university, or other facility rented, leased, or owned and

 4  operated by the school district or another public agency. A

 5  "dual enrollment student" is defined as a public school

 6  student in membership in both a public secondary school

 7  program and a community college or a state university program

 8  under a written agreement to partially fulfill ss. 1003.435

 9  and 1007.23 and earning full-time equivalent membership under

10  s. 1011.62(1)(i).

11         (e)  With respect to elementary school students whose

12  grade level does not exceed grade 6, by reason of being

13  subjected to hazardous walking conditions en route to or from

14  school as provided in s. 1006.23. Such rules shall, when

15  appropriate, provide for the determination of membership under

16  this paragraph for less than 1 year to accommodate the needs

17  of students who require transportation only until such

18  hazardous conditions are corrected.

19         (f)  By reason of being a pregnant student or student

20  parent, and the child of a student parent as provided in s.

21  1003.54, regardless of distance from school.

22         (2)  The allocation for each district shall be

23  calculated annually in accordance with the following formula:

24  

25  T = B + EX. The elements of this formula are defined as

26  follows: T is the total dollar allocation for transportation.

27  B is the base transportation dollar allocation prorated by an

28  adjusted student membership count. The adjusted membership

29  count shall be derived from a multiplicative index function in

30  which the base student membership is adjusted by multiplying

31  it by index numbers that individually account for the impact

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 1  of the price level index, average bus occupancy, and the

 2  extent of rural population in the district. EX is the base

 3  transportation dollar allocation for disabled students

 4  prorated by an adjusted disabled student membership count. The

 5  base transportation dollar allocation for disabled students is

 6  the total state base disabled student membership count

 7  weighted for increased costs associated with transporting

 8  disabled students and multiplying it by the prior year's

 9  average per student cost for transportation. The adjusted

10  disabled student membership count shall be derived from a

11  multiplicative index function in which the weighted base

12  disabled student membership is adjusted by multiplying it by

13  index numbers that individually account for the impact of the

14  price level index, average bus occupancy, and the extent of

15  rural population in the district. Each adjustment factor shall

16  be designed to affect the base allocation by no more or less

17  than 10 percent.

18         (3)  The total allocation to each district for

19  transportation of students shall be the sum of the amounts

20  determined in subsection (2). If the funds appropriated for

21  the purpose of implementing this section are not sufficient to

22  pay the base transportation allocation and the base

23  transportation allocation for disabled students, the

24  Department of Education shall prorate the available funds on a

25  percentage basis. If the funds appropriated for the purpose of

26  implementing this section exceed the sum of the base

27  transportation allocation and the base transportation

28  allocation for disabled students, the base transportation

29  allocation for disabled students shall be limited to the

30  amount calculated in subsection (2), and the remaining balance

31  shall be added to the base transportation allocation.

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 1         (4)  No district shall use funds to purchase

 2  transportation equipment and supplies at prices which exceed

 3  those determined by the department to be the lowest which can

 4  be obtained, as prescribed in s. 1006.27(1).

 5         (5)  Funds allocated or apportioned for the payment of

 6  student transportation services may be used to pay for

 7  transportation of students to and from school on local general

 8  purpose transportation systems. Student transportation funds

 9  may also be used to pay for transportation of students to and

10  from school in private passenger cars and boats when the

11  transportation is for isolated students, or students with

12  disabilities as defined by rule. Subject to the rules of the

13  State Board of Education, each school district shall determine

14  and report the number of assigned students using general

15  purpose transportation private passenger cars and boats. The

16  allocation per student must be equal to the allocation per

17  student riding a school bus.

18         (6)  Notwithstanding other provisions of this section,

19  in no case shall any student or students be counted for

20  transportation funding more than once per day. This provision

21  includes counting students for funding pursuant to trips in

22  school buses, passenger cars, or boats or general purpose

23  transportation.

24         (7)  Any funds received by a school district under this

25  section that are not required to transport students may, at

26  the discretion of the district school board, be transferred to

27  the district's Florida Education Finance Program.

28         Section 4.  Section 1013.62, Florida Statutes, is

29  amended to read:

30         1013.62  Charter schools capital outlay funding.--

31  

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

 2  charter school capital outlay purposes, the Commissioner of

 3  Education shall allocate the funds among eligible charter

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

 5  school must:

 6         (a)1.  Have been in operation for 3 or more years;

 7         2.  Be an expanded feeder chain of a charter school

 8  within the same school district that is currently receiving

 9  charter school capital outlay funds; or

10         3.  Have been accredited by the Commission on Schools

11  of the Southern Association of Colleges and Schools.

12         (b)  Have financial stability for future operation as a

13  charter school.

14         (c)  Have satisfactory student achievement based on

15  state accountability standards applicable to the charter

16  school.

17         (d)  Have received final approval from its sponsor

18  pursuant to s. 1002.33 for operation during that fiscal year.

19         (e)  Serve students in facilities that are not provided

20  by the charter school's sponsor meet the provisions of

21  subsection (6), must have received final approval from its

22  sponsor pursuant to s. 1002.33 for operation during that

23  fiscal year, and must serve students in facilities that are

24  not provided by the charter school's sponsor.

25  

26  Prior to the release of capital outlay funds to a school

27  district on behalf of the charter school, the Department of

28  Education shall ensure that the district school board and the

29  charter school governing board enter into a written agreement

30  that includes provisions for the reversion of any unencumbered

31  funds and all equipment and property purchased with public

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 1  education funds to the ownership of the district school board,

 2  as provided for in subsection (3), in the event that the

 3  school terminates operations. Any funds recovered by the state

 4  shall be deposited in the General Revenue Fund. A charter

 5  school is not eligible for a funding allocation if it was

 6  created by the conversion of a public school and operates in

 7  facilities provided by the charter school's sponsor for a

 8  nominal fee or at no charge or if it is directly or indirectly

 9  operated by the school district. Unless otherwise provided in

10  the General Appropriations Act, the funding allocation for

11  each eligible charter school shall be determined by

12  multiplying the school's projected student enrollment by

13  one-fifteenth of the cost-per-student station specified in s.

14  1013.64(6)(b) for an elementary, middle, or high school, as

15  appropriate. If the funds appropriated are not sufficient, the

16  commissioner shall prorate the available funds among eligible

17  charter schools. However, no charter school or charter lab

18  school shall receive state charter school capital outlay funds

19  in excess of the one-fifteenth cost per student station

20  formula if the charter school's combination of state charter

21  school capital outlay funds, capital outlay funds calculated

22  through the reduction in the administrative fee provided in s.

23  1002.33(20), and capital outlay funds allowed in s.

24  1002.32(9)(e) and (h) exceeds the one-fifteenth cost per

25  student station formula. Funds shall be distributed on the

26  basis of the capital outlay full-time equivalent membership by

27  grade level, which shall be calculated by averaging the

28  results of the second and third enrollment surveys. The

29  Department of Education shall distribute capital outlay funds

30  monthly, beginning in the first quarter of the fiscal year,

31  based on one-twelfth of the amount the department reasonably

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 1  expects the charter school to receive during that fiscal year.

 2  The commissioner shall adjust subsequent distributions as

 3  necessary to reflect each charter school's actual student

 4  enrollment as reflected in the second and third enrollment

 5  surveys. The commissioner shall establish the intervals and

 6  procedures for determining the projected and actual student

 7  enrollment of eligible charter schools.

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

 9  school capital outlay funds for the following purposes any

10  capital outlay purpose that is directly related to the

11  functioning of the charter school, including the:

12         (a)  Purchase of real property.

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

14  of school facilities.

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

16  relocatable school facilities.

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

18  from the charter school.

19         (e)  Renovation, repair, and maintenance of school

20  facilities that the charter school owns or is purchasing

21  through a lease-purchase or long-term lease of 5 years or

22  longer.

23  

24  Conversion charter schools may use capital outlay funds

25  received through the reduction in the administrative fee

26  provided in s. 1002.33(20) for renovation, repair, and

27  maintenance of school facilities that are owned by the

28  sponsor.

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

30  any unencumbered funds and all equipment and property

31  purchased with district public funds shall revert to the

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

 2  1002.33(8)(e) and (f). In the case of a charter lab school,

 3  any unencumbered funds and all equipment and property

 4  purchased with university public funds shall revert to the

 5  ownership of the state university that issued the charter. The

 6  reversion of such equipment, property, and furnishings shall

 7  focus on recoverable assets, but not on intangible or

 8  irrecoverable costs such as rental or leasing fees, normal

 9  maintenance, and limited renovations. The reversion of all

10  property secured with public funds is subject to the complete

11  satisfaction of all lawful liens or encumbrances. If there are

12  additional local issues such as the shared use of facilities

13  or partial ownership of facilities or property, these issues

14  shall be agreed to in the charter contract prior to the

15  expenditure of funds.

16         (4)  The Commissioner of Education shall specify

17  procedures for submitting and approving requests for funding

18  under this section and procedures for documenting

19  expenditures.

20         (5)  The annual legislative budget request of the

21  Department of Education shall include a request for capital

22  outlay funding for charter schools. The request shall be based

23  on the projected number of students to be served in charter

24  schools who meet the eligibility requirements of this section.

25  A dedicated funding source, if identified in writing by the

26  Commissioner of Education and submitted along with the annual

27  charter school legislative budget request, may be considered

28  an additional source of funding.

29         (6)  Unless authorized otherwise by the Legislature,

30  allocation and proration of charter school capital outlay

31  funds shall be made to eligible charter schools by the

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 1  Commissioner of Education in an amount and in a manner

 2  authorized by subsection (1).

 3         (7)  Notwithstanding the provisions of this section,

 4  beginning in the 2003-2004 fiscal year:

 5         (a)  If the appropriation for charter school capital

 6  outlay funds is no greater than the 2002-2003 appropriation,

 7  the funds shall be allocated according to the formula outlined

 8  in subsection (1) to:

 9         1.  The same schools that received funding in

10  2002-2003.

11         2.  Schools that are an expanded feeder pattern of

12  schools that received funding in 2002-2003.

13         3.  Schools that have an approved charter and are

14  serving students at the start of the 2003-2004 school year and

15  either incurred long-term financial obligations prior to

16  January 31, 2003, or began construction on educational

17  facilities prior to December 31, 2002.

18         (b)  If the appropriation for charter school capital

19  outlay funds is less than the 2002-2003 appropriation, the

20  funds shall be prorated among the schools eligible in

21  paragraph (a).

22         (c)  If the appropriation for charter school capital

23  outlay funds is greater than the 2002-2003 appropriation, the

24  amount of funds provided in the 2002-2003 appropriation shall

25  be allocated according to paragraph (a). First priority for

26  allocating the amount in excess of the 2002-2003 appropriation

27  shall be to prorate the excess funds among the charter schools

28  with long-term debt or long-term lease to the extent that the

29  initial allocation is insufficient to provide one-fifteenth of

30  the cost per student station specified in s. 1013.64(6)(b),

31  

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 1  and second priority shall be to other eligible charter

 2  schools.

 3         Section 5.  If any law that is amended by this act was

 4  also amended by a law enacted at the 2003 Regular Session of

 5  the Legislature, such laws shall be construed as if they had

 6  been enacted during the same session of the Legislature, and

 7  full effect should be given to each if that is possible.

 8         Section 6.  This act shall take effect July 1, 2003.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Revises requirements for charter schools in the state.
      Authorizes community colleges to develop charter schools.
13    Revises the application process for a charter school.
      Provides additional reporting requirements. Eliminates
14    the limitation on the number of charter schools per
      school district. Exempts certain universities from the
15    limitation on the number of lab schools at the
      university. (See bill for details.)
16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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