Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1030
                        Barcode 101920
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/24/2006 02:17 PM         .                    
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11  The Committee on Education (King) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 3, between lines 27 and 28,
16  
17  insert:  
18         (3)  CHARTERING AUTHORITY.--
19         (a)  A charter school applicant may submit an
20  application to the Florida Schools of Excellence Commission
21  only if the school district in which the FSE charter school is
22  to be located has not retained exclusive authority to
23  authorize charter schools as provided in paragraph (e). If a
24  school district has not retained exclusive authority to
25  authorize charter schools as provided in paragraph (e), the
26  school district and the Florida Schools of Excellence
27  Commission shall have concurrent authority to authorize
28  charter schools and FSE charter schools, respectively, to be
29  located within the geographic boundaries of the school
30  district. The school district shall monitor and oversee all
31  charter schools authorized by the school district as provided
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1030
                        Barcode 101920
 1  by general law. The Florida Schools of Excellence Commission
 2  shall monitor and oversee all FSE charter schools authorized
 3  by the commission as provided in paragraph (e).
 4         (b)  Paragraph (e) may not be construed to eliminate
 5  the ability of a school district to authorize charter schools
 6  pursuant to current statute. A school district shall retain
 7  the authority to reauthorize and to oversee any charter school
 8  that it has authorized, except with respect to any charter
 9  school that is converted to an FSE charter school under this
10  section.
11         (c)  For fiscal year 2007-2008 and for each fiscal year
12  thereafter, a district school board may seek to retain
13  exclusive authority to authorize charter schools within the
14  geographic boundaries of the school district by presenting to
15  the state board, on or before March 1 of the fiscal year prior
16  to that for which the exclusive authority is to apply, a
17  written resolution adopted by the district school board
18  indicating the intent to retain exclusive authority to
19  authorize charter schools. A district school board may seek to
20  retain the exclusive authority to authorize charters by
21  presenting to the state board the written resolution on or
22  before a date 60 days after establishment of the Florida
23  Schools of Excellence Commission. The written resolution shall
24  be accompanied by a written description of those elements
25  described in paragraph (e) which the school district shall
26  demonstrate. The district school board shall provide a
27  complete copy of the resolution, including the description, to
28  each charter school authorized by the district school board on
29  or before the date it submits the resolution to the state
30  board.
31         (d)  A party may challenge the grant of exclusive
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1030
                        Barcode 101920
 1  authority made by the state board pursuant to paragraph (e) by
 2  filing with the state board a notice of challenge within 30
 3  days after the state board grants exclusive authority. The
 4  notice shall be accompanied by a specific written description
 5  of the basis for the challenge. The challenging party, at the
 6  time of filing notice with the state board, shall provide a
 7  copy of the notice of challenge to the school district that
 8  has been granted exclusive authority. The state board shall
 9  permit the school district the opportunity to appear and
10  respond in writing to the challenge. The state board shall
11  make a determination upon the challenge within 60 days after
12  receiving the notice of challenge.
13         (e)  The state board shall grant to a district school
14  board exclusive authority to authorize charter schools within
15  the geographic boundaries of the school district if the state
16  board determines, after adequate notice and in a public
17  hearing and after receiving input from any charter school
18  authorized by the district school board, that the district
19  school board has provided fair and equitable treatment to its
20  charter schools during the 4 years prior to the district
21  school board's submission of the resolution described in
22  paragraph (c), through the district board's demonstration of:
23         1.  Full compliance with the provisions of current
24  charter statute, which includes, at a minimum:
25         a.  Compliance with full and accurate accounting
26  practices and charges for central administrative overhead
27  costs;
28         b.  Compliance with requirements allowing a charter
29  school to purchase, at its discretion, certain services or a
30  combination of services at actual cost to the district;
31         c.  The absence of a school district moratorium
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1030
                        Barcode 101920
 1  regarding charter schools or the absence of any district-wide
 2  charter school enrollment limits; and
 3         d.  Compliance with valid orders of the state board;
 4  and
 5         2.  Any combination of the following:
 6         a.  The provision of assistance to charter schools to
 7  meet their facilities needs by including those needs in local
 8  bond issues or otherwise providing available land and
 9  facilities that are comparable to those provided to other
10  public school students in the same grade levels within the
11  school district;
12         b.  The distribution to charter schools authorized by
13  the district board of a pro rata share of federal and state
14  grants received by the school district, except for any grant
15  received for a particular purpose which by its express terms
16  is intended to benefit a student population not able to be
17  served by, or a program not able to be offered at, a charter
18  school that did not receive a proportionate share of such
19  grant proceeds;
20         c.  The provision of adequate staff and other resources
21  to serve charter schools authorized by the district board,
22  which services are provided by the school district at a cost
23  to the charter schools which does not exceed their actual cost
24  to the school district;
25         d.  The lack of a policy or practice of imposing
26  individual charter school enrollment limits, except as
27  otherwise provided in statute; or
28         e.  The provision of an adequate number of educational
29  choice programs to serve students exercising their rights to
30  transfer pursuant to the "No Child Left Behind Act of 2001,"
31  Pub. L. No. 107-110, and a history of charter school approval
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1030
                        Barcode 101920
 1  that encourages chartering.
 2         (f)  For school districts that have no discernable
 3  history of authorizing charter schools, the state board may
 4  not grant exclusive authority unless the school district
 5  demonstrates that no approvable application has come before
 6  the district.
 7         (g)  A grant of exclusive authority by the state board
 8  shall continue so long as a school district continues to
 9  comply with this section and has presented a written
10  resolution to the state board as set forth in paragraph (c).
11         (h)  Notwithstanding any other provision of this
12  section to the contrary, a district school board may permit
13  the establishment of one or more FSE charter schools within
14  the geographic boundaries of the school district by adopting a
15  favorable resolution and submitting the resolution to the
16  state board. The resolution shall be effective until it is
17  rescinded by resolution of the district school board.
18  
19  (Renumber subsequent subsections.)
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21  
22  ================ T I T L E   A M E N D M E N T ===============
23  And the title is amended as follows:
24         On page 1, line 3, following the second semicolon
25  
26  insert:
27         providing chartering authority; prescribing
28         procedures under which a district school board
29         may become the exclusive authority to authorize
30         charter schools within a school district;
31         providing for challenges to grants of exclusive
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1030
                        Barcode 101920
 1         authority; prescribing conditions to be
 2         considered by the state board in determining
 3         whether to grant exclusive authority;
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