Florida Senate - 2009                                     SB 610
       
       
       
       By Senator Wise
       
       
       
       
       5-00517-09                                             2009610__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Schools of Excellence;
    3         amending s. 1002.335, F.S.; revising legislative
    4         findings and intent; providing the purpose of the
    5         Florida Schools of Excellence Commission; providing
    6         that the commission may authorize new sources of
    7         community support to participate as cosponsors in
    8         developing and supporting charter schools; deleting
    9         obsolete provisions; authorizing the commission to
   10         meet by teleconference; revising the powers and duties
   11         of the commission; revising the application
   12         requirements to sponsor a Florida School of Excellence
   13         (FSE) charter school; providing requirements under
   14         which the commission may sponsor a conversion charter
   15         school and a FSE charter school; deleting provisions
   16         that authorize a school board to retain exclusive
   17         authority to authorize charter schools; deleting
   18         provisions that authorize a party to challenge the
   19         grant of a school board's exclusive authority to
   20         authorize a charter school; conforming provisions to
   21         changes made by the act; specifying the number of
   22         charter schools that a cosponsor may approve; revising
   23         requirements of the cosponsor agreement; authorizing a
   24         cosponsor to approve certain charter schools;
   25         authorizing a charter school's governing body to seek
   26         permanent commission sponsorship under certain
   27         circumstances; authorizing the commission to consider
   28         certain application review criteria when reviewing a
   29         charter school application; revising the application
   30         requirements of existing charter schools; requiring
   31         the Department of Education to provide mediation
   32         services when the district school board and conversion
   33         charter school cannot agree on terms for the continued
   34         use of the conversion charter school's assets by the
   35         conversion charter school; requiring that the district
   36         school board and the conversion charter school submit
   37         to binding arbitration if a settlement cannot be
   38         reached through mediation; providing additional
   39         criteria for charter contracts; providing terms of the
   40         charter contracts; providing circumstances under which
   41         a charter contract is terminated or when new
   42         applications are solicited to assume the charter
   43         contract; providing that an employee of a charter
   44         school is an eligible employee pursuant to s.
   45         121.4501, F.S., relating to the Public Employee
   46         Optional Retirement Program; prohibiting charter
   47         school employees from participating in the Florida
   48         Retirement System; revising the funding for charter
   49         schools; requiring that the State Board of Education
   50         adopt rules approved by the commission; creating s.
   51         1002.337, F.S.; requiring school districts to make
   52         timely and efficient payment and reimbursement of
   53         funding to the commission; requiring the Department of
   54         Education to distribute certain funds; requiring the
   55         distribution of funds by the commission and the
   56         cosponsors; authorizing the commission or the
   57         cosponsor to retain a certain amount of the funds to
   58         ensure compliance by the charter schools; requiring
   59         that funds payable to the commission and the
   60         cosponsors be deposited in an approved depository;
   61         providing that a school district is not required to
   62         offer special instruction, facilities, or services to
   63         students enrolled in a FSE charter school; authorizing
   64         FSE charter schools to contract for certain functions
   65         and services; prohibiting FSE charter schools from
   66         offering special instruction, facilities, or services
   67         to certain students with disabilities; requiring FSE
   68         charter school applicants to explain how they will
   69         provide certain services; requiring the charter
   70         agreement to specify that the board of directors for
   71         the charter school is required to post a bond;
   72         authorizing certain students who are enrolled in a FSE
   73         charter school to participate in the John M. McKay
   74         Scholarships for Students with Disabilities Program;
   75         requiring the department to transfer funds from the
   76         commission's and cosponsors' total funding entitlement
   77         to a separate account for the scholarship program;
   78         authorizing the commission to establish a direct
   79         support organization; providing criteria for the
   80         direct-support organization; authorizing the
   81         commission to allow the use of property, facilities,
   82         and personal services by the direct-support
   83         organization; authorizing the commission, cosponsors,
   84         and charter schools to enter into risk-management and
   85         self-insurance programs or to purchase liability
   86         insurance; requiring the State Board of Education to
   87         adopt rules; providing for severability; providing an
   88         effective date.
   89         
   90  Be It Enacted by the Legislature of the State of Florida:
   91         
   92         Section 1. Section 1002.335, Florida Statutes, is amended
   93  to read:
   94         1002.335 Florida Schools of Excellence Commission.—
   95         (1) FINDINGS.—The Legislature finds that:
   96         (a) Charter schools are a critical component in the state's
   97  efforts to provide by law a uniform, efficient, safe, secure,
   98  and high-quality schools within the state's uniform system of
   99  free public schools that allow students to obtain a high-quality
  100  education.
  101         (b) Charter schools provide valuable educational options
  102  and innovative learning opportunities while expanding the
  103  capacity of the state's system of public education and
  104  empowering parents with the ability to make choices that best
  105  fit the individual needs of their children.
  106         (c) The growth of charter schools in the state has
  107  contributed to enhanced student performance, greater efficiency,
  108  and the improvement of all public schools.
  109         (d)A student should not be compelled, against the wishes
  110  of the student's parent, to remain in a public school found by
  111  the state to be chronically failing or below average.
  112         (e)Parents whose children are in schools where the
  113  district school board has failed to operate, control, and
  114  supervise the school in a manner enabling the state to comply
  115  with federal law or s. 1(a), Art. IX of the State Constitution
  116  should have the choice to send their children to another public
  117  school under the control of the district school board or to a
  118  remedial charter school sponsored by the Florida Schools of
  119  Excellence Commission or a cosponsor under the supervision of
  120  the State Board of Education in keeping with its duties
  121  specified in federal law and in s. 2, Art. IX of the State
  122  Constitution.
  123         (2) INTENT.—It is the intent of the Legislature that:
  124         (a) There be established an independent, state-level
  125  commission known as the Florida Schools of Excellence Commission
  126  whose primary purpose focus is the development and support of
  127  remedial charter schools, known as Florida Schools of Excellence
  128  (FSE) charter schools, which shall be an alternative to a public
  129  school found by the state to be chronically failing or below
  130  average in order to ensure that the state is making adequate
  131  provision by law for a uniform, efficient, safe, secure, and
  132  high-quality system of free public schools which allows students
  133  to obtain a high-quality education in order to better meet the
  134  growing and diverse needs of some of the increasing number and
  135  array of charter schools in the state and to further ensure that
  136  charter schools of the highest academic quality are approved and
  137  supported throughout the state in an efficient manner.
  138         (b) New sources of community support in the form of
  139  municipalities with knowledge of the unique needs of a
  140  particular community or state universities, community colleges,
  141  or regional educational consortia with special education
  142  expertise should be authorized by the commission to participate
  143  as cosponsors in developing and supporting charter schools that
  144  maximize access to a wide variety of high-quality educational
  145  options for all students regardless of disability, race, or
  146  socioeconomic status.
  147         (3) FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.—
  148         (a) The Florida Schools of Excellence commission is
  149  established as an independent, state-level charter school
  150  authorizing entity working in collaboration with the Department
  151  of Education and under the supervision of the State Board of
  152  Education. Startup Funds necessary to establish and operate the
  153  commission may be received through private contributions and
  154  federal and other institutional grants through the Grants and
  155  Donations Trust Fund and the Federal Grants Trust Fund housed
  156  within the department in addition to funds provided in the
  157  General Appropriations Act. The department shall assist in
  158  securing federal and other institutional grant funds to
  159  establish the commission.
  160         (b) The commission shall be appointed by the State Board of
  161  Education and shall be composed of three appointees recommended
  162  by the Governor, two appointees recommended by the President of
  163  the Senate, and two appointees recommended by the Speaker of the
  164  House of Representatives. The Governor, the President of the
  165  Senate, and the Speaker of the House of Representatives shall
  166  each recommend a list of no fewer than two nominees for any
  167  appointment to the commission. The appointments shall be made as
  168  soon as feasible but no later than September 1, 2006. Each
  169  member shall serve a term of 2 years; however, for the purpose
  170  of providing staggered terms, of the initial appointments, three
  171  members shall be appointed to 1-year terms and four members
  172  shall be appointed to 2-year terms. Thereafter, each appointee
  173  shall serve a 2-year term unless the State Board of Education,
  174  after review, extends the appointment. If a vacancy occurs on
  175  the commission, it shall be filled by the State Board of
  176  Education from a recommendation by the appropriate authority
  177  according to the procedure set forth in this paragraph. The
  178  members of the commission shall annually vote to appoint a chair
  179  and a vice chair. Each member of the commission must hold a
  180  bachelor's degree or higher, and the commission must include
  181  individuals who have experience in finance, administration, law,
  182  education, and school governance.
  183         (c) The commission is encouraged to convene its first
  184  meeting no later than October 1, 2006, and, thereafter, shall
  185  meet each month at the call of the chair or upon the request of
  186  four members of the commission. Four members of the commission
  187  shall constitute a quorum. Meetings may be held by
  188  teleconference or other means of telecommunications as the chair
  189  directs.
  190         (d) The commission shall appoint an executive director who
  191  shall employ such staff as is necessary to perform the
  192  administrative duties and responsibilities of the commission.
  193         (e) The members of the commission shall not be compensated
  194  for their services on the commission but are entitled to
  195  reimbursement may be reimbursed for per diem and travel expenses
  196  pursuant to s. 112.061.
  197         (4) POWERS AND DUTIES.—
  198         (a) The commission shall have the power to:
  199         1. Authorize and act as a sponsor of charter schools,
  200  including the approval or denial of charter school applications
  201  pursuant to subsection (9) and the nonrenewal or termination of
  202  charter schools pursuant to s. 1002.33(8) as an alternative to a
  203  public school found by the state to be chronically failing or
  204  below average.
  205         2. Authorize municipalities, state universities, community
  206  colleges, and regional educational consortia to act as
  207  cosponsors of charter schools that are sponsored by the
  208  commission, including the approval or denial of cosponsor
  209  applications pursuant to State Board of Education rule and
  210  subsection (6) and the revocation of approval of cosponsors
  211  pursuant to State Board of Education rule and subsection (8).
  212         3. Approve or deny FSE Florida Schools of Excellence (FSE)
  213  charter school applications according to the requirements
  214  specified in s. 1002.33 and subsection (5) and renew or
  215  terminate charters of FSE charter schools for reasons specified
  216  in s. 1002.33 and subsection (11).
  217         4. Conduct facility and curriculum reviews of charter
  218  schools approved by the commission or one of its cosponsors.
  219         (b) The commission shall have the following duties:
  220         1. Review charter school applications and assist in the
  221  establishment of FSE Florida Schools of Excellence (FSE) charter
  222  schools wherever a public school receives a grade of “F”
  223  pursuant to s. 1008.34 for 2 years in a 4-year period or a grade
  224  of “D” for 3 years in a 5-year period, and wherever else a
  225  charter school is approved by a school district throughout the
  226  state. An FSE charter school shall exist as a public school
  227  within the state as a component of the delivery of public
  228  education within Florida's K-20 education system.
  229         2. Develop, promote, and disseminate best practices for
  230  charter schools and charter school sponsors in order to ensure
  231  that high-quality charter schools are developed and incentivized
  232  throughout the state. At a minimum, the best practices shall
  233  encourage the development and replication of academically and
  234  financially proven charter school programs.
  235         3. Develop, promote, and require high standards of
  236  accountability for any school that applies for and is granted a
  237  charter under this section.
  238         4. Monitor and annually review the performance of
  239  cosponsors approved pursuant to this section and hold the
  240  cosponsors accountable for their performance pursuant to the
  241  provisions of paragraph (6)(c). The commission shall annually
  242  review and evaluate the performance of each cosponsor based upon
  243  the financial and administrative support provided to the
  244  cosponsor's charter schools and the quality of charter schools
  245  approved by the cosponsor, including the academic performance of
  246  the students who attend those schools.
  247         5. Monitor and annually review and evaluate the academic
  248  and financial performance of the charter schools it sponsors and
  249  hold the schools accountable for their performance pursuant to
  250  the provisions of chapter 1008.
  251         6. Report the student enrollment in each of its sponsored
  252  charter schools to the district school board of the county in
  253  which the school is located and to its sponsor.
  254         7. Work with its cosponsors to monitor the financial
  255  management of each FSE charter school.
  256         8. Direct charter schools and persons seeking to establish
  257  charter schools to sources of private funding and support.
  258         9. Actively seek, with the assistance of the department,
  259  supplemental revenue from federal grant funds, institutional
  260  grant funds, and philanthropic organizations. The commission
  261  may, through the department's Grants and Donations Trust Fund or
  262  its direct-support organization, receive and expend gifts,
  263  grants, and donations of any kind from any public or private
  264  entity to carry out the purposes of this section.
  265         10. Review and recommend to the Legislature any necessary
  266  revisions to statutory requirements regarding the qualification
  267  and approval of municipalities, state universities, community
  268  colleges, and regional educational consortia as cosponsors for
  269  FSE charter schools.
  270         11. Review and recommend to the Legislature any necessary
  271  revisions to statutory requirements regarding the standards for
  272  accountability and criteria for revocation of approval of
  273  cosponsors of FSE charter schools.
  274         12. Act as liaison for cosponsors and FSE charter schools
  275  in cooperating with district school boards that may choose to
  276  allow charter schools to utilize excess space within district
  277  public school facilities.
  278         13. Collaborate with municipalities, state universities,
  279  community colleges, and regional educational consortia as
  280  cosponsors for FSE charter schools for the purpose of providing
  281  the highest level of public education to low-income, low
  282  performing, gifted, or underserved student populations. Such
  283  collaborations shall:
  284         a. Allow state universities and community colleges that
  285  cosponsor FSE charter schools to enable students attending a
  286  charter school to take college courses and receive high school
  287  and college credit for such courses.
  288         b. Be used to determine the feasibility of opening charter
  289  schools for students with disabilities, including, but not
  290  limited to, charter schools for children with autism that work
  291  with and utilize the specialized expertise of the Centers for
  292  Autism and Related Disabilities established and operated
  293  pursuant to s. 1004.55.
  294         c.Support innovative learning opportunities, such as
  295  schools specifically dedicated to science and mathematics.
  296         14. Support municipalities when the mayor or chief
  297  executive, through resolution passed by the governing body of
  298  the municipality, expresses an intent to cosponsor and establish
  299  charter schools within the municipal boundaries as long as the
  300  other conditions of this section are met.
  301         15. Meet the needs of charter schools and school districts
  302  by uniformly administering high-quality charter schools, thereby
  303  removing administrative burdens from the school districts.
  304         16. Assist FSE charter schools in negotiating and
  305  contracting with district school boards that choose to provide
  306  certain administrative or transportation services to the charter
  307  schools on a contractual basis.
  308         17. Provide training for members of FSE charter school
  309  governing bodies within 90 days after approval of the charter
  310  school. The training shall include, but not be limited to, best
  311  practices on charter school governance, the constitutional and
  312  statutory requirements relating to public records and meetings,
  313  and the requirements of applicable statutes and State Board of
  314  Education rules.
  315         18. Perform or cause to be performed all of the duties of
  316  sponsors set forth in s. 1002.33(5)(b) and (20).
  317         (5) CHARTERING AUTHORITY.—
  318         (a) A charter school applicant may submit an application to
  319  the commission according to an application schedule set by the
  320  commission to sponsor a FSE charter school that will enable the
  321  state to comply with s. 1(a), Art. IX of the State Constitution
  322  where there are chronically failing or below-average schools
  323  sponsored by school districts. The commission shall investigate
  324  or cause to be investigated the reasons for the chronic failure
  325  and develop criteria for reviewing applications which are
  326  specific to these remedial purposes. The criteria shall be
  327  disclosed to applicants before the application deadline and must
  328  have an important educational purpose intended to enable the
  329  state to comply with s. 1(a), Art. IX of the State Constitution.
  330  The opportunity to open a FSE charter school is a privilege and
  331  not a right of the charter school applicant only if the school
  332  district in which the FSE charter school is to be located has
  333  not retained exclusive authority to authorize charter schools as
  334  provided in paragraph (e). If a district school board has not
  335  retained exclusive authority to authorize charter schools as
  336  provided in paragraph (e), the district school board and the
  337  commission shall have concurrent authority to authorize charter
  338  schools and FSE charter schools, respectively, to be located
  339  within the geographic boundaries of the school district. The
  340  district school board shall monitor and oversee all charter
  341  schools authorized by the district school board pursuant to s.
  342  1002.33. The commission shall monitor and oversee all FSE
  343  charter schools sponsored by the commission pursuant to
  344  subsection (4).
  345         (b) This section does not Paragraph (e) may not be
  346  construed to eliminate the ability of a district school board to
  347  authorize charter schools pursuant to s. 1002.33. A district
  348  school board shall retain the authority to reauthorize and to
  349  oversee any charter school that it has authorized, except with
  350  respect to any charter school that is converted to an FSE
  351  charter school under this section.
  352         (c) If a school receives a grade of “F” pursuant to s.
  353  1008.34 for 2 years in a 4-year period, notwithstanding the
  354  assistance offered in s. 1008.33, the commission may sponsor a
  355  conversion charter school at the chronically failing public
  356  school or sponsor one or more FSE charter schools within the
  357  school zone designated the prior year for the chronically
  358  failing school. The commission shall provide at least 60 days'
  359  notice to the school district of its intent to convert a school.
  360  The school district shall provide a financial audit of the
  361  school in accordance with s. 218.39, including, but not limited
  362  to, accounting for all sources of revenue and direct and
  363  indirect costs within 45 days after the notice. A conversion
  364  charter school established under this paragraph is entitled to
  365  any additional resources available under s. 1008.33(2)(a) or
  366  through the commission's direct-support organization. Parents
  367  whose children are enrolled at a chronically failing school may
  368  enroll their children in another district school of their choice
  369  or any FSE charter school. Parents are not entitled under state
  370  law to free transportation to a FSE charter school. For fiscal
  371  year 2007-2008 and for each fiscal year thereafter, a district
  372  school board may seek to retain exclusive authority to authorize
  373  charter schools within the geographic boundaries of the school
  374  district by presenting to the State Board of Education, on or
  375  before March 1 of the fiscal year prior to that for which the
  376  exclusive authority is to apply, a written resolution adopted by
  377  the district school board indicating the intent to retain
  378  exclusive authority to authorize charter schools. A district
  379  school board may seek to retain the exclusive authority to
  380  authorize charter schools by presenting to the state board the
  381  written resolution on or before a date 60 days after
  382  establishment of the commission. The written resolution shall be
  383  accompanied by a written description addressing the elements
  384  described in paragraph (e). The district school board shall
  385  provide a complete copy of the resolution, including the
  386  description, to each charter school authorized by the district
  387  school board on or before the date it submits the resolution to
  388  the state board.
  389         (d) If a school receives a grade of “D” pursuant to s.
  390  1008.34 for 3 years in a 5-year period, the commission may
  391  sponsor an FSE charter school within the school zone designated
  392  the prior year for the chronically below-average school. Parents
  393  whose children are enrolled at the chronically below-average
  394  school may send their children to another district school of
  395  their choice or to any FSE charter school. Parents are not
  396  entitled under state law to free transportation to a FSE charter
  397  school. A party may challenge the grant of exclusive authority
  398  made by the State Board of Education pursuant to paragraph (e)
  399  by filing with the state board a notice of challenge within 30
  400  days after the state board grants exclusive authority. The
  401  notice shall be accompanied by a specific written description of
  402  the basis for the challenge. The challenging party, at the time
  403  of filing notice with the state board, shall provide a copy of
  404  the notice of challenge to the district school board that has
  405  been granted exclusive authority. The state board shall permit
  406  the district school board the opportunity to appear and respond
  407  in writing to the challenge. The state board shall make a
  408  determination upon the challenge within 60 days after receiving
  409  the notice of challenge.
  410         (e)The State Board of Education shall grant to a district
  411  school board exclusive authority to authorize charter schools
  412  within the geographic boundaries of the school district if the
  413  state board determines, after adequate notice, in a public
  414  hearing, and after receiving input from any charter school
  415  authorized by the district school board, that the district
  416  school board has provided fair and equitable treatment to its
  417  charter schools during the 4 years prior to the district school
  418  board's submission of the resolution described in paragraph (c).
  419  The state board's review of the resolution shall, at a minimum,
  420  include consideration of the following:
  421         1.Compliance with the provisions of s. 1002.33.
  422         2.Compliance with full and accurate accounting practices
  423  and charges for central administrative overhead costs.
  424         3.Compliance with requirements allowing a charter school,
  425  at its discretion, to purchase certain services or a combination
  426  of services at actual cost to the district.
  427         4.The absence of a district school board moratorium
  428  regarding charter schools or the absence of any districtwide
  429  charter school enrollment limits.
  430         5.Compliance with valid orders of the state board.
  431         6.The provision of assistance to charter schools to meet
  432  their facilities needs by including those needs in local bond
  433  issues or otherwise providing available land and facilities that
  434  are comparable to those provided to other public school students
  435  in the same grade levels within the school district.
  436         7.The distribution to charter schools authorized by the
  437  district school board of a pro rata share of federal and state
  438  grants received by the district school board, except for any
  439  grant received for a particular purpose which, by its express
  440  terms, is intended to benefit a student population not able to
  441  be served by, or a program not able to be offered at, a charter
  442  school that did not receive a proportionate share of such grant
  443  proceeds.
  444         8.The provision of adequate staff and other resources to
  445  serve charter schools authorized by the district school board,
  446  which services are provided by the district school board at a
  447  cost to the charter schools that does not exceed their actual
  448  cost to the district school board.
  449         9.The lack of a policy or practice of imposing individual
  450  charter school enrollment limits, except as otherwise provided
  451  by law.
  452         10.The provision of an adequate number of educational
  453  choice programs to serve students exercising their rights to
  454  transfer pursuant to the “No Child Left Behind Act of 2001,”
  455  Pub. L. No. 107-110, and a history of charter school approval
  456  that encourages chartering.
  457         (f)The decision of the State Board of Education pursuant
  458  to paragraph (e) shall not be subject to the provisions of
  459  chapter 120 and shall be a final action subject to judicial
  460  review by the district court of appeal.
  461         (g)For district school boards that have no discernible
  462  history of authorizing charter schools, the State Board of
  463  Education may not grant exclusive authority unless the district
  464  school board demonstrates that no approvable application has
  465  come before the district school board.
  466         (h)A grant of exclusive authority by the State Board of
  467  Education shall continue so long as a district school board
  468  continues to comply with this section and has presented a
  469  written resolution to the state board as set forth in paragraph
  470  (c).
  471         (e)(i) Notwithstanding any other provision of this section
  472  to the contrary, a district school board may permit the
  473  establishment of one or more FSE charter schools within the
  474  geographic boundaries of the school district by adopting a
  475  favorable resolution and submitting the resolution to the State
  476  Board of Education. The resolution shall be effective until it
  477  is rescinded by resolution of the district school board.
  478         (6) APPROVAL OF COSPONSORS.—
  479         (a) The commission shall accept begin accepting
  480  applications by municipalities, state universities, community
  481  colleges, and regional educational consortia to become
  482  cosponsors no later than January 31, 2007. The commission shall
  483  review and evaluate all applications for compliance with the
  484  provisions of paragraph (c) and shall have 90 days after receipt
  485  of an application to approve or deny the application unless the
  486  90-day period is waived by the applicant.
  487         (b) The commission shall limit the number of charter
  488  schools which that a cosponsor may approve to two pursuant to
  489  its review of the cosponsor's application under paragraph (c).
  490  Upon application by the cosponsor and review by the commission
  491  of the performance of a cosponsor's current charter schools, the
  492  commission may approve a cosponsor's application to raise the
  493  limit previously set by the commission.
  494         (c) Any entity set forth in paragraph (a) which that is
  495  interested in becoming a cosponsor pursuant to this section
  496  shall prepare and submit an application to the commission which
  497  that provides evidence that the entity:
  498         1. Has the necessary staff and infrastructure or has
  499  established the necessary contractual or interagency
  500  relationships to ensure its ability to handle all of the
  501  administrative responsibilities required of a charter school
  502  sponsor as set forth in ss. s. 1002.33(20) and 1002.337.
  503         2. Has the necessary staff expertise and infrastructure or
  504  has established the necessary contractual or interagency
  505  relationships to ensure that it will approve and is able to
  506  develop and maintain charter schools of the highest academic
  507  quality.
  508         3. Is able to provide the necessary public and private
  509  financial resources and staff to ensure that it can monitor and
  510  support charter schools that are economically efficient and
  511  fiscally sound.
  512         4. Is committed to providing equal access to all students
  513  and to maintaining a diverse student population within its
  514  charter schools, including compliance with all applicable
  515  requirements of federal law.
  516         5. Is committed to serving low-income, low-performing,
  517  gifted, or underserved student populations.
  518         6. Has articulated annual academic and financial goals and
  519  expected outcomes for its charter schools as well as the methods
  520  and plans by which it will measure and achieve those goals and
  521  outcomes.
  522         7. Has policies in place to protect its cosponsoring
  523  practices from conflicts of interest.
  524         (d) The commission's decision to deny an application or to
  525  revoke approval of a cosponsor pursuant to subsection (8) is not
  526  subject to chapter 120 and may be appealed to the State Board of
  527  Education pursuant to s. 1002.33(6).
  528         (7) COSPONSOR AGREEMENT.—
  529         (a) Upon approval of a cosponsor, the commission and the
  530  cosponsor shall enter into an agreement that defines the
  531  cosponsor's rights and obligations and includes the following:
  532         1. An explanation of the personnel, contractual and
  533  interagency relationships, and potential revenue sources
  534  referenced in the application as required in paragraph (6)(c).
  535         2. Incorporation of the requirements of equal access for
  536  all students, including any plans to provide food service or
  537  transportation reasonably necessary to provide access to as many
  538  students as possible.
  539         3. Incorporation of the requirement to serve low-income,
  540  low-performing, gifted, or underserved student populations.
  541         4. An explanation of the academic and financial goals and
  542  expected outcomes for the cosponsor's charter schools and the
  543  method and plans by which they will be measured and achieved as
  544  referenced in the application.
  545         5. The conflict-of-interest policies referenced in the
  546  application.
  547         6. An explanation of the disposition of facilities and
  548  assets upon termination and dissolution of a charter school
  549  approved by the cosponsor.
  550         7. A provision requiring the cosponsor to annually appear
  551  before the commission and provide a report as to the information
  552  provided pursuant to s. 1002.33(9)(l) for each of its charter
  553  schools.
  554         8. A provision requiring that the cosponsor report the
  555  student enrollment in each of its sponsored charter schools to
  556  the district school board of the county in which the school is
  557  located and to the commission.
  558         9. A provision requiring that the cosponsor work with the
  559  commission to provide the necessary reports to the State Board
  560  of Education.
  561         10. Any other reasonable terms deemed appropriate by the
  562  commission given the unique characteristics of the cosponsor.
  563         (b) A No cosponsor may not receive applications for charter
  564  schools until a cosponsor agreement with the commission has been
  565  approved and signed by the commission and the appropriate
  566  individuals or governing bodies of the cosponsor.
  567         (c)The cosponsor may approve a charter school only in
  568  those areas in which the commission may approve them and as set
  569  forth in the cosponsor agreement.
  570         (d)(c) The cosponsor agreement shall be proposed and
  571  negotiated pursuant to the timeframes set forth in s.
  572  1002.33(6)(i).
  573         (e)(d) The cosponsor agreement shall be attached to and
  574  shall govern all charter school contracts entered into by the
  575  cosponsor.
  576         (8) CAUSES FOR REVOCATION OF APPROVAL OF A COSPONSOR.—If at
  577  any time the commission finds that a cosponsor is not in
  578  compliance, or is no longer willing to comply, with its contract
  579  with a charter school or with its cosponsor agreement with the
  580  commission, the commission shall provide notice and a hearing in
  581  accordance with State Board of Education rule. If after a
  582  hearing the commission confirms its initial finding, the
  583  commission shall revoke the cosponsor's approval. The commission
  584  shall assume temporary sponsorship over any charter school
  585  sponsored by the cosponsor at the time of revocation.
  586  Thereafter, the commission may assume permanent sponsorship over
  587  such school or allow the school's governing body may seek
  588  permanent commission sponsorship or to apply to another sponsor
  589  or cosponsor.
  590         (9) CHARTER SCHOOL APPLICATION AND REVIEW.—Charter school
  591  applications submitted to the commission or to a cosponsor
  592  approved by the commission pursuant to subsection (6) are shall
  593  be subject to the same requirements set forth in s. 1002.33(6).
  594  The commission or cosponsor shall receive and review all
  595  applications for FSE charter schools according to the provisions
  596  for review of charter school applications under s.
  597  1002.33(6)(b). However, the commission may also consider
  598  criteria for reviewing applications which are relevant to the
  599  specific remedial site proposed for a FSE charter school as set
  600  forth in subsection (5). The startup of a charter school
  601  approved under this section shall be according to the timeline
  602  established by the commission.
  603         (10) APPLICATIONS OF EXISTING CHARTER SCHOOLS.—
  604         (a) An application to the commission or one of its
  605  cosponsors may be submitted pursuant to this section by an
  606  existing charter school approved by a district school board may
  607  be submitted only upon the consent of the district school board
  608  if provided that the obligations of its charter contract with
  609  the district school board will expire prior to entering into a
  610  new charter contract with the commission or one of its
  611  cosponsors. A district school board may agree to rescind or
  612  waive the obligations of a current charter contract to allow an
  613  application to be submitted by an existing charter school
  614  pursuant to this section. A charter school that changes sponsors
  615  pursuant to this subsection shall be allowed to continue the use
  616  of all facilities, equipment, and other assets it owned or
  617  leased prior to the expiration or rescission of its contract
  618  with a district school board sponsor.
  619         (b) An application to the commission or one of its
  620  cosponsors by a conversion charter school other than a school
  621  described in paragraph (5)(c) may only be submitted only upon
  622  consent of the district school board. In such instance, The
  623  district school board may retain the facilities, equipment, and
  624  other assets of a the conversion charter school, including a
  625  school described in paragraph (5)(c), for its own use or agree
  626  to reasonable terms for their continued use by the conversion
  627  charter school. If the district school board and charter school
  628  cannot agree on these terms, the Department of Education shall
  629  provide mediation services. If the Commissioner of Education
  630  determines that the dispute cannot be settled through mediation,
  631  the parties shall submit to binding arbitration under the rules
  632  of the American Arbitration Association and divide the
  633  arbitration fees.
  634         (11) APPLICATION OF CHARTER SCHOOL STATUTE.—
  635         (a) The provisions of ss. s. 1002.33(7)-(12), (14), and
  636  (16)-(19) and 1002.337 shall apply to the commission and the
  637  cosponsors and charter schools approved pursuant to this
  638  section, except that:
  639         1.The charter contract may incorporate additional criteria
  640  relevant to the remedial site proposed for a FSE charter school
  641  and intended to achieve important educational purposes to enable
  642  the state to comply with s. 1(a), Art. IX of the State
  643  Constitution according to rules adopted by the State Board of
  644  Education.
  645         2.The initial term of a charter contract shall be for 15
  646  years. At the end of 15 years and every 5 years thereafter, a
  647  district school board that does not have chronically below
  648  average or failing public schools may present a plan and apply
  649  to the State Board of Education to assume without material
  650  modification the sponsor's obligations and duties under the
  651  charter contract and any obligations and duties with respect to
  652  employees, real estate, financing, or other agreements. Teachers
  653  and staff may not modify their employment agreements under such
  654  assignment except as set forth in the charter contract.
  655  According to its rules, the State Board of Education shall grant
  656  the application if it finds that the school board's plan will
  657  enable it to supervise and operate the school in a manner likely
  658  to ensure that the state will comply with s. 1(a), Art. IX of
  659  the State Constitution.
  660         3.Each FSE charter school shall be graded pursuant to s.
  661  1008.34. The charter contract of a FSE charter school that
  662  receives a school grade of “D” pursuant to s. 1008.34 for 3
  663  years in a 5-year period or a school grade of “F” for 2 years in
  664  a 4-year period shall be automatically terminated.
  665         4.For a FSE charter school that receives a school grade of
  666  “D” for 3 years in a 5-year period, the commission shall solicit
  667  new applications to assume the charter contract after
  668  investigating the reasons for the poor performance and designing
  669  application criteria meeting the remedial needs.
  670         5.For an FSE school receiving a school grade of “F” for 2
  671  years in a 4-year period, the State Board of Education may,
  672  pursuant to rule, direct the commission to undertake the same
  673  process as in subparagraph 4., invite the district school board
  674  to submit a plan to supervise and operate the school in a manner
  675  enabling the state to comply with s. 1(a), Art. IX of the State
  676  Constitution or take such actions as are authorized in s.
  677  1008.33.
  678         6.An employee of an FSE school is an eligible employee as
  679  defined in s. 121.4501. A FSE charter school and its employees
  680  may not participate in the Florida Retirement System.
  681         (b) The provisions of s. 1002.33(20) shall apply to the
  682  commission and the cosponsors and charter schools approved
  683  pursuant to this section with the exception that the commission
  684  or a cosponsor of a charter school approved pursuant to this
  685  section may retain as a percentage of the funding provided to
  686  the charter school no more than the actual cost of its
  687  administrative overhead costs expended to sponsor the charter
  688  school in an amount to be negotiated between the commission and
  689  cosponsor and between the sponsor and charter school not to
  690  exceed 5 percent of the funding provided to the charter school.
  691         (c)A FSE charter school that receives a school grade of
  692  “A” or “B” pursuant to s. 1008.34 for at least 2 consecutive
  693  years is entitled to an amount equal to 0.75 mills of the amount
  694  collected under s. 199.133(1).
  695         (12) ACCESS TO INFORMATION.—The commission shall provide
  696  maximum access to information to all parents in the state. It
  697  shall maintain information systems, including, but not limited
  698  to, a user-friendly Internet website, which that will provide
  699  information and data necessary for parents to make informed
  700  decisions. At a minimum, the commission must provide parents
  701  with information on its accountability standards, links to
  702  schools of excellence throughout the state, and public education
  703  programs available in the state.
  704         (13) ANNUAL REPORT.—Each year, the chair of the commission
  705  shall appear before the State Board of Education and submit a
  706  report regarding the academic performance and fiscal
  707  responsibility of all charter schools and cosponsors approved
  708  under this section.
  709         (14) IMPLEMENTATION.—The State Board of Education shall
  710  adopt rules pursuant to ss. 120.536(1) and 120.54 which are
  711  approved by the commission and necessary to facilitate the
  712  administration implementation of this section.
  713         Section 2. Section 1002.337, Florida Statutes, is created
  714  to read:
  715         1002.337Florida Schools of Excellence.—
  716         (1)(a)A school district shall make timely and efficient
  717  payment and reimbursement to the commission of the funding
  718  provided for in s. 1002.33(17)(d) for the charter schools
  719  located in the county where the school district is located, less
  720  the school district's actual administrative overhead costs
  721  expended to provide these conduit services, which may not exceed
  722  0.3 percent of the funding due to the charter schools within the
  723  county where the school district is located.
  724         (b)The Department of Education shall distribute to the
  725  commission the Florida Education Finance Program (FEFP) funds
  726  allocated to students enrolled in FSE charter schools under s.
  727  1011.62 according to the schedule provided for in s. 1011.66.
  728  Funds for instructional materials shall be distributed as
  729  provided for in s. 1011.67 and funds for student transportation
  730  shall be distributed as provided for in s. 1011.68. The
  731  commission shall be considered a school district and have the
  732  same rights and duties as specified in ss. 1011.66, 1011.67,
  733  1011.68, 1011.70, and 1011.75.
  734         (c)1.For a charter school sponsored by the commission, the
  735  commission shall distribute funds to the charter school on the
  736  basis of full-time equivalent student membership within 10
  737  business days after receipt, less any administrative charge
  738  authorized under s. 1002.335(11)(b) and less the retainer
  739  specified in subsection (3).
  740         2.For a charter school sponsored by cosponsors, the
  741  commission shall distribute funds to the cosponsors on the basis
  742  of full-time equivalent student membership within 7 business
  743  days, less any mutually agreed administrative charge that may
  744  not exceed the amount authorized under s. 1002.335(11)(b). The
  745  cosponsors shall distribute funds on the basis of full-time
  746  equivalent student membership to the charter schools sponsored
  747  by the cosponsors within 5 business days, less the balance of
  748  the administrative charge authorized under s. 1002.335(11)(b)
  749  and less the retainer specified in subsection (3).
  750         3.The commission or cosponsor may retain an amount set by
  751  resolution of either entity, which may not exceed 10 percent of
  752  the school's total annual funding, in order to ensure that the
  753  charter schools comply with their charter contracts. The
  754  retainer shall be paid to the charter schools no later than 30
  755  days before the end of the academic year, less any setoffs
  756  required by law or allowed under the charter contract. Disputes
  757  about setoffs are subject to binding arbitration under the rules
  758  of the American Arbitration Association, and attorney's fees and
  759  costs shall be paid by the losing party.
  760         (2)Funds payable to the commission and cosponsors shall be
  761  deposited in an approved depository as provided by law. Each
  762  bank receiving funds as provided in this section must make a
  763  receipt for the deposit. For purposes of s. 1011.18, the
  764  commission and cosponsors have the same rights and duties as
  765  district schools and district school boards; their chairperson
  766  has the same rights and duties as the district school board's
  767  chair; their vice chairperson has the same rights and duties as
  768  the district school board's vice chair; and their executive
  769  director has the same rights and duties as the school district's
  770  superintendent. The commission and cosponsors have the same
  771  duties as school districts specified in s. 1010.20(1) and (2).
  772         (3)(a)A school district is not required to offer special
  773  instruction, facilities, or services for exceptional students,
  774  instruction in English as a second language, or supplemental
  775  educational services to students who are enrolled in a FSE
  776  charter school as prescribed in s. 1003.57(1), s. 1003.56(3), or
  777  s. 1008.331(2). A FSE charter school shall perform the functions
  778  and services prescribed in ss. 1003.57(1), 1003.56(3), and
  779  1008.331(2) which are not performed by the school district in
  780  the county where it is located. Although remaining ultimately
  781  responsible for these functions and services, a FSE charter
  782  school may contract for these functions and services with a
  783  school district, cosponsor, another FSE charter school, or
  784  another public or private entity approved by the commission,
  785  within or outside the county where the school is located. A FSE
  786  charter schools may not offer special instruction, facilities,
  787  or services to an exceptional student with a disability who is a
  788  nonresident residing in a residential facility in this state.
  789         (b)Applicants to be a FSE charter school shall explain how
  790  they will provide the services specified in paragraph (a), and
  791  the charter agreement with an approved applicant shall require
  792  the board of directors for the charter school to post an
  793  annually renewable bond that is sufficient to cover the
  794  potential expense for 1 year of these services as determined by
  795  resolution of the commission.
  796         (c)If the parent of a child is not satisfied with his or
  797  her child's progress at a FSE charter school and that child was:
  798         1.Reported for funding in surveys of the Florida Education
  799  Finance Program during October and February;
  800         2.At least 4 years old when enrolled at the FSE charter
  801  school and reported as specified in subparagraph 1.; and
  802         3.Eligible for services consistent with rules adopted by
  803  the State Board of Education,
  804  That child may participate in the John M. McKay Scholarships for
  805  Students with Disabilities Program as provided in s. 1002.39,
  806  except as otherwise specified in s. 1002.39. For such students,
  807  FSE charter schools shall undertake those duties of school
  808  districts identified in s. 1002.39(5)(a)1.-2., (b), (10)(a)4.,
  809  and (c). Following notification on July 1, September 1, December
  810  1, or February 1 of the number of program participants, the
  811  department shall transfer from general revenue funds only, the
  812  amount calculated under s. 1002.39(10)(b) from the commission's
  813  and cosponsors' total funding entitlement under the FEFP and
  814  from authorized categorical accounts to a separate account for
  815  the scholarship program for quarterly disbursement to the
  816  parents of participating students.
  817         (4)The commission may establish a direct-support
  818  organization that is:
  819         (a)A corporation not for profit that is incorporated under
  820  the provisions of chapter 617 and approved by the Department of
  821  State.
  822         (b)Organized and operated exclusively to receive, hold,
  823  invest, and administer property and to make expenditures to or
  824  for the benefit of Florida Schools of Excellence and its powers
  825  and duties stated in s. 1002.335(4).
  826         (c)Governed by a board of directors appointed by the
  827  commissioner and shall include representation from business,
  828  industry, and other components of Florida's economy.
  829         (d)Provide equal employment opportunities to all persons,
  830  regardless of race, color, national origin, gender, age, or
  831  religion.
  832         (e)Subject to an annual financial audit in accordance with
  833  s. 215.981.
  834         (5)The commission may permit the use of property,
  835  facilities, and personal services by the direct-support
  836  organization, subject to such rules as the State Board of
  837  Education adopts to ensure effective oversight.
  838         (6)The commission, cosponsors, and FSE charter schools may
  839  enter into risk-management and self-insurance programs, purchase
  840  liability insurance for whatever coverage they choose, or have
  841  any combination thereof, in anticipation of any claim, judgment,
  842  or claim bill that they are liable to pay, as approved by the
  843  commission.
  844         (7)For the purposes of tort liability, the governing body
  845  and employees of the commission and its cosponsors, charter
  846  schools, and direct-support organization established in this
  847  section are governed by s. 768.28.
  848         (8)The State Board of Education shall adopt rules approved
  849  by the commission which are necessary to administer this
  850  section.
  851         Section 3. If any provision of this act or its application
  852  to any person or circumstance is held invalid, the invalidity
  853  does not affect other provisions or applications of the act
  854  which can be given effect without the invalid provision or
  855  application, and to this end the provisions of this act are
  856  severable.
  857         Section 4. This act shall take effect July 1, 2009.