HB 1569

1	A bill to be entitled
2	An act relating to charter schools; amending s. 1002.32,
3	F.S.; authorizing a private university or a public entity
4	to sponsor a charter lab school; providing for authority
5	and responsibilities related to sponsorship by such
6	entities; conforming cross-references; amending s.
7	1002.33, F.S.; authorizing a private university or a
8	public entity to grant a charter to a lab school;
9	providing for appeal by a district school board of certain
10	decisions relating to a charter application for a lab
11	school; correcting cross-references to high school
12	graduation requirements; providing eligibility
13	requirements for designation as a high-performing charter
14	school; providing that a high-performing charter school is
15	entitled to certain renewal, increase in enrollment,
16	startup grants, capital outlay funds, and application
17	procedures; requiring good cause to be shown to the
18	Commissioner of Education for purposes of nonrenewal or
19	termination of a charter; revising requirements for
20	providing financial statements to a sponsor; deleting
21	obsolete provisions; revising requirements for the
22	establishment of a charter school-in-the-workplace;
23	providing that a charter school-in-the-workplace is
24	eligible for capital outlay funding; including certain
25	federal funding; requiring a charter school to be in
26	compliance with constitutional class size requirements
27	calculated at the school-level average; authorizing
28	funding for a charter school from the district school
29	capital improvement millage; prohibiting a school district
30	from imposing certain restrictions relating to charter
31	school facilities; providing for an exemption from certain
32	exactions; removing a reporting requirement relating to
33	student assessment data; revising restrictions on the
34	employment of relatives by charter school personnel;
35	providing an exception; conforming cross-references;
36	amending s. 1011.71, F.S.; providing that district school
37	boards shall levy the capital improvement millage for
38	charter schools; amending s. 1013.62, F.S.; authorizing
39	additional uses for charter school capital outlay funds;
40	conforming cross-references; amending ss. 163.3180,
41	1002.34, 1002.345, 1011.68, and 1012.32, F.S.; conforming
42	cross-references; providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Paragraph (c) of subsection (9) of section
47	1002.32, Florida Statutes, is amended, subsections (10) and (11)
48	are renumbered as subsections (11) and (12), respectively, and a
49	new subsection (10) is added to that section, to read:
50	1002.32  Developmental research (laboratory) schools.-
51	(9)  FUNDING.-Funding for a lab school, including a charter
52	lab school, shall be provided as follows:
53	(c)  All operating funds provided under this section shall
54	be deposited in a Lab School Trust Fund and shall be expended
55	for the purposes of this section. The university assigned a lab
56	school shall be the fiscal agent for these funds, and all rules
57	of the university governing the budgeting and expenditure of
58	state funds shall apply to these funds unless otherwise provided
59	by law or rule of the State Board of Education. The university
60	board of trustees shall be the public employer of lab school
61	personnel for collective bargaining purposes for lab schools in
62	operation prior to the 2002-2003 fiscal year. Employees of
63	charter lab schools authorized prior to June 1, 2003, but not in
64	operation prior to the 2002-2003 fiscal year shall be employees
65	of the entity holding the charter and must comply with the
66	provisions of s. 1002.33(13)(12).
67	(10)  CHARTER LAB SCHOOL SPONSORED BY PRIVATE UNIVERSITY OR
68	PUBLIC ENTITY.-In addition to and notwithstanding the provisions
69	of this section and s. 1013.62, a lab school may be sponsored
70	by, and issued a charter under s. 1002.33(5)(a)2. by, a private
71	university or a public entity. For purposes of implementing this
72	subsection, the authority and responsibilities of a state
73	university with respect to the lab school for which it is a
74	sponsor shall be assigned to a private university or a public
75	entity that sponsors a charter lab school.
76	Section 2.  Section 1002.33, Florida Statutes, is amended
77	to read:
78	1002.33  Charter schools.-
79	(1)  AUTHORIZATION.-Charter schools shall be part of the
80	state's program of public education. All charter schools in
81	Florida are public schools. A charter school may be formed by
82	creating a new school or converting an existing public school to
83	charter status. A public school may not use the term charter in
84	its name unless it has been approved under this section.
85	(2)  GUIDING PRINCIPLES; PURPOSE.-
86	(a)  Charter schools in Florida shall be guided by the
87	following principles:
88	1.  Meet high standards of student achievement while
89	providing parents flexibility to choose among diverse
90	educational opportunities within the state's public school
91	system.
92	2.  Promote enhanced academic success and financial
93	efficiency by aligning responsibility with accountability.
94	3.  Provide parents with sufficient information on whether
95	their child is reading at grade level and whether the child
96	gains at least a year's worth of learning for every year spent
97	in the charter school.
98	(b)  Charter schools shall fulfill the following purposes:
99	1.  Improve student learning and academic achievement.
100	2.  Increase learning opportunities for all students, with
101	special emphasis on low-performing students and reading.
102	3.  Encourage the use of innovative learning methods.
103	4.  Require the measurement of learning outcomes.
104	(c)  Charter schools may fulfill the following purposes:
105	1.  Create innovative measurement tools.
106	2.  Provide rigorous competition within the public school
107	district to stimulate continual improvement in all public
108	schools.
109	3.  Expand the capacity of the public school system.
110	4.  Mitigate the educational impact created by the
111	development of new residential dwelling units.
112	5.  Create new professional opportunities for teachers,
113	including ownership of the learning program at the school site.
114	(3)  APPLICATION FOR CHARTER STATUS.-
115	(a)  An application for a new charter school may be made by
116	an individual, teachers, parents, a group of individuals, a
117	municipality, or a legal entity organized under the laws of this
118	state.
119	(b)  An application for a conversion charter school shall
120	be made by the district school board, the principal, teachers,
121	parents, and/or the school advisory council at an existing
122	public school that has been in operation for at least 2 years
123	prior to the application to convert. A public school-within-a-
124	school that is designated as a school by the district school
125	board may also submit an application to convert to charter
126	status. An application submitted proposing to convert an
127	existing public school to a charter school shall demonstrate the
128	support of at least 50 percent of the teachers employed at the
129	school and 50 percent of the parents voting whose children are
130	enrolled at the school, provided that a majority of the parents
131	eligible to vote participate in the ballot process, according to
132	rules adopted by the State Board of Education. A district school
133	board denying an application for a conversion charter school
134	shall provide notice of denial to the applicants in writing
135	within 10 days after the meeting at which the district school
136	board denied the application. The notice must articulate in
137	writing the specific reasons for denial and must provide
138	documentation supporting those reasons. A private school,
139	parochial school, or home education program shall not be
140	eligible for charter school status.
141	(4)  UNLAWFUL REPRISAL.-
142	(a)  No district school board, or district school board
143	employee who has control over personnel actions, shall take
144	unlawful reprisal against another district school board employee
145	because that employee is either directly or indirectly involved
146	with an application to establish a charter school. As used in
147	this subsection, the term "unlawful reprisal" means an action
148	taken by a district school board or a school system employee
149	against an employee who is directly or indirectly involved in a
150	lawful application to establish a charter school, which occurs
151	as a direct result of that involvement, and which results in one
152	or more of the following: disciplinary or corrective action;
153	adverse transfer or reassignment, whether temporary or
154	permanent; suspension, demotion, or dismissal; an unfavorable
155	performance evaluation; a reduction in pay, benefits, or
156	rewards; elimination of the employee's position absent of a
157	reduction in workforce as a result of lack of moneys or work; or
158	other adverse significant changes in duties or responsibilities
159	that are inconsistent with the employee's salary or employment
160	classification. The following procedures shall apply to an
161	alleged unlawful reprisal that occurs as a consequence of an
162	employee's direct or indirect involvement with an application to
163	establish a charter school:
164	1.  Within 60 days after the date upon which a reprisal
165	prohibited by this subsection is alleged to have occurred, an
166	employee may file a complaint with the Department of Education.
167	2.  Within 3 working days after receiving a complaint under
168	this section, the Department of Education shall acknowledge
169	receipt of the complaint and provide copies of the complaint and
170	any other relevant preliminary information available to each of
171	the other parties named in the complaint, which parties shall
172	each acknowledge receipt of such copies to the complainant.
173	3.  If the Department of Education determines that the
174	complaint demonstrates reasonable cause to suspect that an
175	unlawful reprisal has occurred, the Department of Education
176	shall conduct an investigation to produce a fact-finding report.
177	4.  Within 90 days after receiving the complaint, the
178	Department of Education shall provide the district school
179	superintendent of the complainant's district and the complainant
180	with a fact-finding report that may include recommendations to
181	the parties or a proposed resolution of the complaint. The fact-
182	finding report shall be presumed admissible in any subsequent or
183	related administrative or judicial review.
184	5.  If the Department of Education determines that
185	reasonable grounds exist to believe that an unlawful reprisal
186	has occurred, is occurring, or is to be taken, and is unable to
187	conciliate a complaint within 60 days after receipt of the fact-
188	finding report, the Department of Education shall terminate the
189	investigation. Upon termination of any investigation, the
190	Department of Education shall notify the complainant and the
191	district school superintendent of the termination of the
192	investigation, providing a summary of relevant facts found
193	during the investigation and the reasons for terminating the
194	investigation. A written statement under this paragraph is
195	presumed admissible as evidence in any judicial or
196	administrative proceeding.
197	6.  The Department of Education shall either contract with
198	the Division of Administrative Hearings under s. 120.65, or
199	otherwise provide for a complaint for which the Department of
200	Education determines reasonable grounds exist to believe that an
201	unlawful reprisal has occurred, is occurring, or is to be taken,
202	and is unable to conciliate, to be heard by a panel of impartial
203	persons. Upon hearing the complaint, the panel shall make
204	findings of fact and conclusions of law for a final decision by
205	the Department of Education.
206
207	It shall be an affirmative defense to any action brought
208	pursuant to this section that the adverse action was predicated
209	upon grounds other than, and would have been taken absent, the
210	employee's exercise of rights protected by this section.
211	(b)  In any action brought under this section for which it
212	is determined reasonable grounds exist to believe that an
213	unlawful reprisal has occurred, is occurring, or is to be taken,
214	the relief shall include the following:
215	1.  Reinstatement of the employee to the same position held
216	before the unlawful reprisal was commenced, or to an equivalent
217	position, or payment of reasonable front pay as alternative
218	relief.
219	2.  Reinstatement of the employee's full fringe benefits
220	and seniority rights, as appropriate.
221	3.  Compensation, if appropriate, for lost wages, benefits,
222	or other lost remuneration caused by the unlawful reprisal.
223	4.  Payment of reasonable costs, including attorney's fees,
224	to a substantially prevailing employee, or to the prevailing
225	employer if the employee filed a frivolous action in bad faith.
226	5.  Issuance of an injunction, if appropriate, by a court
227	of competent jurisdiction.
228	6.  Temporary reinstatement to the employee's former
229	position or to an equivalent position, pending the final outcome
230	of the complaint, if it is determined that the action was not
231	made in bad faith or for a wrongful purpose, and did not occur
232	after a district school board's initiation of a personnel action
233	against the employee that includes documentation of the
234	employee's violation of a disciplinary standard or performance
235	deficiency.
236	(5)  SPONSOR; DUTIES.-
237	(a)  Sponsoring entities.-
238	1.  A district school board may sponsor a charter school in
239	the county over which the district school board has
240	jurisdiction.
241	2.  A state university, a private university, or a public
242	entity may grant a charter to a lab school created under s.
243	1002.32 and shall be considered to be the school's sponsor. Such
244	school shall be considered a charter lab school.
245	(b)  Sponsor duties.-
246	1.a.  The sponsor shall monitor and review the charter
247	school in its progress toward the goals established in the
248	charter.
249	b.  The sponsor shall monitor the revenues and expenditures
250	of the charter school and perform the duties provided in s.
251	1002.345.
252	c.  The sponsor may approve a charter for a charter school
253	before the applicant has identified space, equipment, or
254	personnel, if the applicant indicates approval is necessary for
255	it to raise working funds.
256	d.  The sponsor's policies shall not apply to a charter
257	school unless mutually agreed to by both the sponsor and the
258	charter school.
259	e.  The sponsor shall ensure that the charter is innovative
260	and consistent with the state education goals established by s.
261	1000.03(5).
262	f.  The sponsor shall ensure that the charter school
263	participates in the state's education accountability system. If
264	a charter school falls short of performance measures included in
265	the approved charter, the sponsor shall report such shortcomings
266	to the Department of Education.
267	g.  The sponsor shall not be liable for civil damages under
268	state law for personal injury, property damage, or death
269	resulting from an act or omission of an officer, employee,
270	agent, or governing body of the charter school.
271	h.  The sponsor shall not be liable for civil damages under
272	state law for any employment actions taken by an officer,
273	employee, agent, or governing body of the charter school.
274	i.  The sponsor's duties to monitor the charter school
275	shall not constitute the basis for a private cause of action.
276	j.  The sponsor shall not impose additional reporting
277	requirements on a charter school without providing reasonable
278	and specific justification in writing to the charter school.
279	2.  Immunity for the sponsor of a charter school under
280	subparagraph 1. applies only with respect to acts or omissions
281	not under the sponsor's direct authority as described in this
282	section.
283	3.  This paragraph does not waive a district school board's
284	sovereign immunity.
285	4.  A community college may work with the school district
286	or school districts in its designated service area to develop
287	charter schools that offer secondary education. These charter
288	schools must include an option for students to receive an
289	associate degree upon high school graduation. District school
290	boards shall cooperate with and assist the community college on
291	the charter application. Community college applications for
292	charter schools are not subject to the time deadlines outlined
293	in subsection (6) and may be approved by the district school
294	board at any time during the year. Community colleges may not
295	report FTE for any students who receive FTE funding through the
296	Florida Education Finance Program.
297	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
298	applications are subject to the following requirements:
299	(a)  A person or entity wishing to open a charter school
300	shall prepare and submit an application on a model application
301	form prepared by the Department of Education which:
302	1.  Demonstrates how the school will use the guiding
303	principles and meet the statutorily defined purpose of a charter
304	school.
305	2.  Provides a detailed curriculum plan that illustrates
306	how students will be provided services to attain the Sunshine
307	State Standards.
308	3.  Contains goals and objectives for improving student
309	learning and measuring that improvement. These goals and
310	objectives must indicate how much academic improvement students
311	are expected to show each year, how success will be evaluated,
312	and the specific results to be attained through instruction.
313	4.  Describes the reading curriculum and differentiated
314	strategies that will be used for students reading at grade level
315	or higher and a separate curriculum and strategies for students
316	who are reading below grade level. A sponsor shall deny a
317	charter if the school does not propose a reading curriculum that
318	is consistent with effective teaching strategies that are
319	grounded in scientifically based reading research.
320	5.  Contains an annual financial plan for each year
321	requested by the charter for operation of the school for up to 5
322	years. This plan must contain anticipated fund balances based on
323	revenue projections, a spending plan based on projected revenues
324	and expenses, and a description of controls that will safeguard
325	finances and projected enrollment trends.
326	6.  Documents that the applicant has participated in the
327	training required in subparagraph (g)2. A sponsor may require an
328	applicant to provide additional information as an addendum to
329	the charter school application described in this paragraph.
330	(b)  A sponsor shall receive and review all applications
331	for a charter school using an evaluation instrument developed by
332	the Department of Education. Beginning with the 2007-2008 school
333	year, a sponsor shall receive and consider charter school
334	applications received on or before August 1 of each calendar
335	year for charter schools to be opened at the beginning of the
336	school district's next school year, or to be opened at a time
337	agreed to by the applicant and the sponsor. A sponsor may
338	receive applications later than this date if it chooses. A
339	sponsor may not charge an applicant for a charter any fee for
340	the processing or consideration of an application, and a sponsor
341	may not base its consideration or approval of an application
342	upon the promise of future payment of any kind.
343	1.  In order to facilitate an accurate budget projection
344	process, a sponsor shall be held harmless for FTE students who
345	are not included in the FTE projection due to approval of
346	charter school applications after the FTE projection deadline.
347	In a further effort to facilitate an accurate budget projection,
348	within 15 calendar days after receipt of a charter school
349	application, a sponsor shall report to the Department of
350	Education the name of the applicant entity, the proposed charter
351	school location, and its projected FTE.
352	2.  In order to ensure fiscal responsibility, an
353	application for a charter school shall include a full accounting
354	of expected assets, a projection of expected sources and amounts
355	of income, including income derived from projected student
356	enrollments and from community support, and an expense
357	projection that includes full accounting of the costs of
358	operation, including start-up costs.
359	3.  A sponsor shall by a majority vote approve or deny an
360	application no later than 60 calendar days after the application
361	is received, unless the sponsor and the applicant mutually agree
362	in writing to temporarily postpone the vote to a specific date,
363	at which time the sponsor shall by a majority vote approve or
364	deny the application. If the sponsor fails to act on the
365	application, an applicant may appeal to the State Board of
366	Education as provided in paragraph (c). If an application is
367	denied, the sponsor shall, within 10 calendar days after such
368	denial, articulate in writing the specific reasons, based upon
369	good cause, supporting its denial of the charter application and
370	shall provide the letter of denial and supporting documentation
371	to the applicant and to the Department of Education supporting
372	those reasons.
373	4.  For budget projection purposes, the sponsor shall
374	report to the Department of Education the approval or denial of
375	a charter application within 10 calendar days after such
376	approval or denial. In the event of approval, the report to the
377	Department of Education shall include the final projected FTE
378	for the approved charter school.
379	5.  Upon approval of a charter application, the initial
380	startup shall commence with the beginning of the public school
381	calendar for the district in which the charter is granted unless
382	the sponsor allows a waiver of this subparagraph for good cause.
383	(c)  An applicant may appeal any denial of that applicant's
384	application or failure to act on an application to the State
385	Board of Education no later than 30 calendar days after receipt
386	of the sponsor's decision or failure to act and shall notify the
387	sponsor of its appeal. Any response of the sponsor shall be
388	submitted to the State Board of Education within 30 calendar
389	days after notification of the appeal. Upon receipt of
390	notification from the State Board of Education that a charter
391	school applicant is filing an appeal, the Commissioner of
392	Education shall convene a meeting of the Charter School Appeal
393	Commission to study and make recommendations to the State Board
394	of Education regarding its pending decision about the appeal.
395	The commission shall forward its recommendation to the state
396	board no later than 7 calendar days prior to the date on which
397	the appeal is to be heard. The State Board of Education shall by
398	majority vote accept or reject the decision of the sponsor no
399	later than 90 calendar days after an appeal is filed in
400	accordance with State Board of Education rule. The Charter
401	School Appeal Commission may reject an appeal submission for
402	failure to comply with procedural rules governing the appeals
403	process. The rejection shall describe the submission errors. The
404	appellant may have up to 15 calendar days from notice of
405	rejection to resubmit an appeal that meets requirements of State
406	Board of Education rule. An application for appeal submitted
407	subsequent to such rejection shall be considered timely if the
408	original appeal was filed within 30 calendar days after receipt
409	of notice of the specific reasons for the sponsor's denial of
410	the charter application. The State Board of Education shall
411	remand the application to the sponsor with its written decision
412	that the sponsor approve or deny the application. The sponsor
413	shall implement the decision of the State Board of Education.
414	The decision of the State Board of Education is not subject to
415	the provisions of the Administrative Procedure Act, chapter 120.
416	(d)  For charter school applications in school districts
417	that have not been granted exclusive authority to sponsor
418	charter schools pursuant to s. 1002.335(5), the right to appeal
419	an application denial under paragraph (c) shall be contingent on
420	the applicant having submitted the same or a substantially
421	similar application to the Florida Schools of Excellence
422	Commission or one of its cosponsors. Any such applicant whose
423	application is denied by the commission or one of its cosponsors
424	subsequent to its denial by the district school board may
425	exercise its right to appeal the district school board's denial
426	under paragraph (c) within 30 days after receipt of the
427	commission's or cosponsor's denial or failure to act on the
428	application. However, the applicant forfeits its right to appeal
429	under paragraph (c) if it fails to submit its application to the
430	commission or one of its cosponsors by August 1 of the school
431	year immediately following the district school board's denial of
432	the application.
433	(e)  The sponsor shall act upon the decision of the State
434	Board of Education within 30 calendar days after it is received.
435	The State Board of Education's decision is a final action
436	subject to judicial review in the district court of appeal.
437	(f)1.  A Charter School Appeal Commission is established to
438	assist the commissioner and the State Board of Education with a
439	fair and impartial review of appeals by applicants whose charter
440	applications have been denied, whose charter contracts have not
441	been renewed, or whose charter contracts have been terminated by
442	their sponsors.
443	2.  The Charter School Appeal Commission may receive copies
444	of the appeal documents forwarded to the State Board of
445	Education, review the documents, gather other applicable
446	information regarding the appeal, and make a written
447	recommendation to the commissioner. The recommendation must
448	state whether the appeal should be upheld or denied and include
449	the reasons for the recommendation being offered. The
450	commissioner shall forward the recommendation to the State Board
451	of Education no later than 7 calendar days prior to the date on
452	which the appeal is to be heard. The state board must consider
453	the commission's recommendation in making its decision, but is
454	not bound by the recommendation. The decision of the Charter
455	School Appeal Commission is not subject to the provisions of the
456	Administrative Procedure Act, chapter 120.
457	3.  The commissioner shall appoint the members of the
458	Charter School Appeal Commission. Members shall serve without
459	compensation but may be reimbursed for travel and per diem
460	expenses in conjunction with their service. One-half of the
461	members must represent currently operating charter schools, and
462	one-half of the members must represent sponsors. The
463	commissioner or a named designee shall chair the Charter School
464	Appeal Commission.
465	4.  The chair shall convene meetings of the commission and
466	shall ensure that the written recommendations are completed and
467	forwarded in a timely manner. In cases where the commission
468	cannot reach a decision, the chair shall make the written
469	recommendation with justification, noting that the decision was
470	rendered by the chair.
471	5.  Commission members shall thoroughly review the
472	materials presented to them from the appellant and the sponsor.
473	The commission may request information to clarify the
474	documentation presented to it. In the course of its review, the
475	commission may facilitate the postponement of an appeal in those
476	cases where additional time and communication may negate the
477	need for a formal appeal and both parties agree, in writing, to
478	postpone the appeal to the State Board of Education. A new date
479	certain for the appeal shall then be set based upon the rules
480	and procedures of the State Board of Education. Commission
481	members shall provide a written recommendation to the state
482	board as to whether the appeal should be upheld or denied. A
483	fact-based justification for the recommendation must be
484	included. The chair must ensure that the written recommendation
485	is submitted to the State Board of Education members no later
486	than 7 calendar days prior to the date on which the appeal is to
487	be heard. Both parties in the case shall also be provided a copy
488	of the recommendation.
489	(g)1.  The Department of Education shall offer or arrange
490	for training and technical assistance to charter school
491	applicants in developing business plans and estimating costs and
492	income. This assistance shall address estimating startup costs,
493	projecting enrollment, and identifying the types and amounts of
494	state and federal financial assistance the charter school may be
495	eligible to receive. The department may provide other technical
496	assistance to an applicant upon written request.
497	2.  A charter school applicant must participate in the
498	training provided by the Department of Education before filing
499	an application. However, a sponsor may require the charter
500	school applicant to attend training provided by the sponsor in
501	lieu of the department's training if the sponsor's training
502	standards meet or exceed the standards developed by the
503	Department of Education. The training shall include instruction
504	in accurate financial planning and good business practices. If
505	the applicant is a management company or other nonprofit
506	organization, the charter school principal and the chief
507	financial officer or his or her equivalent must also participate
508	in the training.
509	(h)  In considering charter applications for a lab school,
510	a state university, a private university, or a public entity
511	shall consult with the district school board of the county in
512	which the lab school is located. The decision of a state
513	university, a private university, or a public entity may be
514	appealed by the district school board of the county in which the
515	lab school is located pursuant to the procedure established in
516	this subsection.
517	(i)  The terms and conditions for the operation of a
518	charter school shall be set forth by the sponsor and the
519	applicant in a written contractual agreement, called a charter.
520	The sponsor shall not impose unreasonable rules or regulations
521	that violate the intent of giving charter schools greater
522	flexibility to meet educational goals. The sponsor shall have 60
523	days to provide an initial proposed charter contract to the
524	charter school. The applicant and the sponsor shall have 75 days
525	thereafter to negotiate and notice the charter contract for
526	final approval by the sponsor unless both parties agree to an
527	extension. The proposed charter contract shall be provided to
528	the charter school at least 7 calendar days prior to the date of
529	the meeting at which the charter is scheduled to be voted upon
530	by the sponsor. The Department of Education shall provide
531	mediation services for any dispute regarding this section
532	subsequent to the approval of a charter application and for any
533	dispute relating to the approved charter, except disputes
534	regarding charter school application denials. If the
535	Commissioner of Education determines that the dispute cannot be
536	settled through mediation, the dispute may be appealed to an
537	administrative law judge appointed by the Division of
538	Administrative Hearings. The administrative law judge may rule
539	on issues of equitable treatment of the charter school as a
540	public school, whether proposed provisions of the charter
541	violate the intended flexibility granted charter schools by
542	statute, or on any other matter regarding this section except a
543	charter school application denial, a charter termination, or a
544	charter nonrenewal and shall award the prevailing party
545	reasonable attorney's fees and costs incurred to be paid by the
546	losing party. The costs of the administrative hearing shall be
547	paid by the party whom the administrative law judge rules
548	against.
549	(7)  CHARTER.-The major issues involving the operation of a
550	charter school shall be considered in advance and written into
551	the charter. The charter shall be signed by the governing body
552	of the charter school and the sponsor, following a public
553	hearing to ensure community input.
554	(a)  The charter shall address and criteria for approval of
555	the charter shall be based on:
556	1.  The school's mission, the students to be served, and
557	the ages and grades to be included.
558	2.  The focus of the curriculum, the instructional methods
559	to be used, any distinctive instructional techniques to be
560	employed, and identification and acquisition of appropriate
561	technologies needed to improve educational and administrative
562	performance which include a means for promoting safe, ethical,
563	and appropriate uses of technology which comply with legal and
564	professional standards. The charter shall ensure that reading is
565	a primary focus of the curriculum and that resources are
566	provided to identify and provide specialized instruction for
567	students who are reading below grade level. The curriculum and
568	instructional strategies for reading must be consistent with the
569	Sunshine State Standards and grounded in scientifically based
570	reading research.
571	3.  The current incoming baseline standard of student
572	academic achievement, the outcomes to be achieved, and the
573	method of measurement that will be used. The criteria listed in
574	this subparagraph shall include a detailed description of:
575	a.  How the baseline student academic achievement levels
576	and prior rates of academic progress will be established.
577	b.  How these baseline rates will be compared to rates of
578	academic progress achieved by these same students while
579	attending the charter school.
580	c.  To the extent possible, how these rates of progress
581	will be evaluated and compared with rates of progress of other
582	closely comparable student populations.
583
584	The district school board is required to provide academic
585	student performance data to charter schools for each of their
586	students coming from the district school system, as well as
587	rates of academic progress of comparable student populations in
588	the district school system.
589	4.  The methods used to identify the educational strengths
590	and needs of students and how well educational goals and
591	performance standards are met by students attending the charter
592	school. The methods shall provide a means for the charter school
593	to ensure accountability to its constituents by analyzing
594	student performance data and by evaluating the effectiveness and
595	efficiency of its major educational programs. Students in
596	charter schools shall, at a minimum, participate in the
597	statewide assessment program created under s. 1008.22.
598	5.  In secondary charter schools, a method for determining
599	that a student has satisfied the requirements for graduation in
600	s. 1003.428, s. 1003.429, or s. 1003.43.
601	6.  A method for resolving conflicts between the governing
602	body of the charter school and the sponsor.
603	7.  The admissions procedures and dismissal procedures,
604	including the school's code of student conduct.
605	8.  The ways by which the school will achieve a
606	racial/ethnic balance reflective of the community it serves or
607	within the racial/ethnic range of other public schools in the
608	same school district.
609	9.  The financial and administrative management of the
610	school, including a reasonable demonstration of the professional
611	experience or competence of those individuals or organizations
612	applying to operate the charter school or those hired or
613	retained to perform such professional services and the
614	description of clearly delineated responsibilities and the
615	policies and practices needed to effectively manage the charter
616	school. A description of internal audit procedures and
617	establishment of controls to ensure that financial resources are
618	properly managed must be included. Both public sector and
619	private sector professional experience shall be equally valid in
620	such a consideration.
621	10.  The asset and liability projections required in the
622	application which are incorporated into the charter and shall be
623	compared with information provided in the annual report of the
624	charter school.
625	11.  A description of procedures that identify various
626	risks and provide for a comprehensive approach to reduce the
627	impact of losses; plans to ensure the safety and security of
628	students and staff; plans to identify, minimize, and protect
629	others from violent or disruptive student behavior; and the
630	manner in which the school will be insured, including whether or
631	not the school will be required to have liability insurance,
632	and, if so, the terms and conditions thereof and the amounts of
633	coverage.
634	12.  The term of the charter which shall provide for
635	cancellation of the charter if insufficient progress has been
636	made in attaining the student achievement objectives of the
637	charter and if it is not likely that such objectives can be
638	achieved before expiration of the charter. The initial term of a
639	charter shall be for 4 or 5 years. In order to facilitate access
640	to long-term financial resources for charter school
641	construction, charter schools that are operated by a
642	municipality or other public entity as provided by law are
643	eligible for up to a 15-year charter, subject to approval by the
644	district school board. A charter lab school is eligible for a
645	charter for a term of up to 15 years. In addition, to facilitate
646	access to long-term financial resources for charter school
647	construction, charter schools that are operated by a private,
648	not-for-profit, s. 501(c)(3) status corporation are eligible for
649	up to a 15-year charter, subject to approval by the district
650	school board. Such long-term charters remain subject to annual
651	review and may be terminated during the term of the charter, but
652	only according to the provisions set forth in subsection (9)(8).
653	13.  The facilities to be used and their location.
654	14.  The qualifications to be required of the teachers and
655	the potential strategies used to recruit, hire, train, and
656	retain qualified staff to achieve best value.
657	15.  The governance structure of the school, including the
658	status of the charter school as a public or private employer as
659	required in paragraph (13)(12)(i).
660	16.  A timetable for implementing the charter which
661	addresses the implementation of each element thereof and the
662	date by which the charter shall be awarded in order to meet this
663	timetable.
664	17.  In the case of an existing public school that is being
665	converted to charter status, alternative arrangements for
666	current students who choose not to attend the charter school and
667	for current teachers who choose not to teach in the charter
668	school after conversion in accordance with the existing
669	collective bargaining agreement or district school board rule in
670	the absence of a collective bargaining agreement. However,
671	alternative arrangements shall not be required for current
672	teachers who choose not to teach in a charter lab school, except
673	as authorized by the employment policies of the state university
674	which grants the charter to the lab school.
675	18.  Full disclosure of the identity of all relatives
676	employed by the charter school who are related to the charter
677	school owner, president, chairperson of the governing board of
678	directors, superintendent, governing board member, principal,
679	assistant principal, or any other person employed by the charter
680	school who has equivalent decisionmaking authority. For the
681	purpose of this subparagraph, the term "relative" means father,
682	mother, son, daughter, brother, sister, uncle, aunt, first
683	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
684	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
685	stepfather, stepmother, stepson, stepdaughter, stepbrother,
686	stepsister, half brother, or half sister.
687	(b)1.  A charter may be renewed provided that a program
688	review demonstrates that the criteria in paragraph (a) have been
689	successfully accomplished and that none of the grounds for
690	nonrenewal established by paragraph (9)(8)(a) has been
691	documented. In order to facilitate long-term financing for
692	charter school construction, charter schools operating for a
693	minimum of 3 years and demonstrating exemplary academic
694	programming and fiscal management are eligible for a 15-year
695	charter renewal. Such long-term charter is subject to annual
696	review and may be terminated during the term of the charter.
697	2.  The 15-year charter renewal that may be granted
698	pursuant to subparagraph 1. shall be granted to a charter school
699	that has received a school grade of "A" or "B" pursuant to s.
700	1008.34 in 3 of the past 4 years and is not in a state of
701	financial emergency or deficit position as defined by this
702	section. Such long-term charter is subject to annual review and
703	may be terminated during the term of the charter pursuant to
704	subsection (9) (8).
705	(c)  A charter may be modified during its initial term or
706	any renewal term upon the recommendation of the sponsor or the
707	charter school governing board and the approval of both parties
708	to the agreement.
709	(8)  HIGH-PERFORMING CHARTER SCHOOLS.-
710	(a)  A charter school is designated as a high-performing
711	charter school if it meets all of the following criteria:
712	1.  Has received a school grade of "A" or "B" pursuant to
713	s. 1008.34 for 3 consecutive years.
714	2.  Has received unqualified opinions on its annual audited
715	financial statements for 3 consecutive years.
716	3.  Has maintained positive fund balances for 3 consecutive
717	years.
718	(b)  A high-performing charter school is entitled to:
719	1.  Automatically renew its charter for 15 years.
720	2.  Increase its enrollment in excess of the maximum
721	enrollment specified in its charter.
722	3.  Automatically qualify for startup grants for new
723	applicants.
724	4.  Receive capital outlay funds under s. 1013.62 beginning
725	with the first year it receives a high-performing charter school
726	designation.
727	5.  Receive an extension of time until January 1 to submit
728	an initial application pursuant to subsection (6) to replicate a
729	successful charter school.
730	(9)(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-
731	(a)  The sponsor may choose not to renew or may terminate
732	the charter for any of the following grounds:
733	1.  Failure to participate in the state's education
734	accountability system created in s. 1008.31, as required in this
735	section, or failure to meet the requirements for student
736	performance stated in the charter.
737	2.  Failure to meet generally accepted standards of fiscal
738	management.
739	3.  Violation of law.
740	4.  Other good cause shown to the Commissioner of
741	Education.
742	(b)  At least 90 days prior to renewing or terminating a
743	charter, the sponsor shall notify the governing body of the
744	school of the proposed action in writing. The notice shall state
745	in reasonable detail the grounds for the proposed action and
746	stipulate that the school's governing body may, within 14
747	calendar days after receiving the notice, request an informal
748	hearing before the sponsor. The sponsor shall conduct the
749	informal hearing within 30 calendar days after receiving a
750	written request.
751	(c)  If a charter is not renewed or is terminated pursuant
752	to paragraph (b), the sponsor shall, within 10 calendar days,
753	articulate in writing the specific reasons for its nonrenewal or
754	termination of the charter and must provide the letter of
755	nonrenewal or termination and documentation supporting the
756	reasons to the charter school governing body, the charter school
757	principal, and the Department of Education. The charter school's
758	governing body may, within 30 calendar days after receiving the
759	sponsor's final written decision to refuse to renew or to
760	terminate the charter, appeal the decision pursuant to the
761	procedure established in subsection (6).
762	(d)  A charter may be terminated immediately if the sponsor
763	determines that good cause has been shown or if the health,
764	safety, or welfare of the students is threatened. The sponsor's
765	determination is not subject to an informal hearing under
766	paragraph (b) or pursuant to chapter 120. The sponsor shall
767	notify in writing the charter school's governing body, the
768	charter school principal, and the department if a charter is
769	immediately terminated. The sponsor shall clearly identify the
770	specific issues that resulted in the immediate termination and
771	provide evidence of prior notification of issues resulting in
772	the immediate termination when appropriate. The school district
773	in which the charter school is located shall assume operation of
774	the school under these circumstances. The charter school's
775	governing board may, within 30 days after receiving the
776	sponsor's decision to terminate the charter, appeal the decision
777	pursuant to the procedure established in subsection (6).
778	(e)  When a charter is not renewed or is terminated, the
779	school shall be dissolved under the provisions of law under
780	which the school was organized, and any unencumbered public
781	funds, except for capital outlay funds and federal charter
782	school program grant funds, from the charter school shall revert
783	to the sponsor. Capital outlay funds provided pursuant to s.
784	1013.62 and federal charter school program grant funds that are
785	unencumbered shall revert to the department to be redistributed
786	among eligible charter schools. In the event a charter school is
787	dissolved or is otherwise terminated, all district school board
788	property and improvements, furnishings, and equipment purchased
789	with public funds shall automatically revert to full ownership
790	by the district school board, subject to complete satisfaction
791	of any lawful liens or encumbrances. Any unencumbered public
792	funds from the charter school, district school board property
793	and improvements, furnishings, and equipment purchased with
794	public funds, or financial or other records pertaining to the
795	charter school, in the possession of any person, entity, or
796	holding company, other than the charter school, shall be held in
797	trust upon the district school board's request, until any appeal
798	status is resolved.
799	(f)  If a charter is not renewed or is terminated, the
800	charter school is responsible for all debts of the charter
801	school. The district may not assume the debt from any contract
802	made between the governing body of the school and a third party,
803	except for a debt that is previously detailed and agreed upon in
804	writing by both the district and the governing body of the
805	school and that may not reasonably be assumed to have been
806	satisfied by the district.
807	(g)  If a charter is not renewed or is terminated, a
808	student who attended the school may apply to, and shall be
809	enrolled in, another public school. Normal application deadlines
810	shall be disregarded under such circumstances.
811	(10)(9)  CHARTER SCHOOL REQUIREMENTS.-
812	(a)  A charter school shall be nonsectarian in its
813	programs, admission policies, employment practices, and
814	operations.
815	(b)  A charter school shall admit students as provided in
816	subsection (11) (10).
817	(c)  A charter school shall be accountable to its sponsor
818	for performance as provided in subsection (7).
819	(d)  A charter school shall not charge tuition or
820	registration fees, except those fees normally charged by other
821	public schools. However, a charter lab school may charge a
822	student activity and service fee as authorized by s. 1002.32(5).
823	(e)  A charter school shall meet all applicable state and
824	local health, safety, and civil rights requirements.
825	(f)  A charter school shall not violate the
826	antidiscrimination provisions of s. 1000.05.
827	(g)  In order to provide financial information that is
828	comparable to that reported for other public schools, charter
829	schools are to maintain all financial records that constitute
830	their accounting system:
831	1.  In accordance with the accounts and codes prescribed in
832	the most recent issuance of the publication titled "Financial
833	and Program Cost Accounting and Reporting for Florida Schools";
834	or
835	2.  At the discretion of the charter school governing
836	board, a charter school may elect to follow generally accepted
837	accounting standards for not-for-profit organizations, but must
838	reformat this information for reporting according to this
839	paragraph.
840
841	Charter schools shall provide annual financial report and
842	program cost report information in the state-required formats
843	for inclusion in district reporting in compliance with s.
844	1011.60(1). Charter schools that are operated by a municipality
845	or are a component unit of a parent nonprofit organization may
846	use the accounting system of the municipality or the parent but
847	must reformat this information for reporting according to this
848	paragraph. A charter school shall provide a quarterly monthly
849	financial statement to the sponsor unless the charter school is
850	determined to be in a state of financial emergency pursuant to
851	s. 1002.345, in which case the charter school shall provide a
852	monthly financial statement. The monthly financial statement
853	required under this paragraph shall be in a form prescribed by
854	the Department of Education.
855	(h)  The governing board of the charter school shall
856	annually adopt and maintain an operating budget.
857	(i)  The governing body of the charter school shall
858	exercise continuing oversight over charter school operations.
859	(j)  The governing body of the charter school shall be
860	responsible for:
861	1.  Ensuring that the charter school has retained the
862	services of a certified public accountant or auditor for the
863	annual financial audit, pursuant to s. 1002.345(2), who shall
864	submit the report to the governing body.
865	2.  Reviewing and approving the audit report, including
866	audit findings and recommendations for the financial recovery
867	plan.
868	3.a.  Performing the duties in s. 1002.345, including
869	monitoring a corrective action plan.
870	b.  Monitoring a financial recovery plan in order to ensure
871	compliance.
872	4.  Participating in governance training approved by the
873	department which must include government in the sunshine,
874	conflicts of interest, ethics, and financial responsibility.
875	(k)  The governing body of the charter school shall report
876	its progress annually to its sponsor, which shall forward the
877	report to the Commissioner of Education at the same time as
878	other annual school accountability reports. The Department of
879	Education shall develop a uniform, online annual accountability
880	report to be completed by charter schools. This report shall be
881	easy to utilize and contain demographic information, student
882	performance data, and financial accountability information. A
883	charter school shall not be required to provide information and
884	data that is duplicative and already in the possession of the
885	department. The Department of Education shall include in its
886	compilation a notation if a school failed to file its report by
887	the deadline established by the department. The report shall
888	include at least the following components:
889	1.  Student achievement performance data, including the
890	information required for the annual school report and the
891	education accountability system governed by ss. 1008.31 and
892	1008.345. Charter schools are subject to the same accountability
893	requirements as other public schools, including reports of
894	student achievement information that links baseline student data
895	to the school's performance projections identified in the
896	charter. The charter school shall identify reasons for any
897	difference between projected and actual student performance.
898	2.  Financial status of the charter school which must
899	include revenues and expenditures at a level of detail that
900	allows for analysis of the charter school's ability to meet
901	financial obligations and timely repayment of debt.
902	3.  Documentation of the facilities in current use and any
903	planned facilities for use by the charter school for instruction
904	of students, administrative functions, or investment purposes.
905	4.  Descriptive information about the charter school's
906	personnel, including salary and benefit levels of charter school
907	employees, the proportion of instructional personnel who hold
908	professional or temporary certificates, and the proportion of
909	instructional personnel teaching in-field or out-of-field.
910	(l)  A charter school shall not levy taxes or issue bonds
911	secured by tax revenues.
912	(m)  A charter school shall provide instruction for at
913	least the number of days required by law for other public
914	schools and may provide instruction for additional days.
915	(n)  The director and a representative of the governing
916	body of a charter school that has received a school grade of "D"
917	under s. 1008.34(2) shall appear before the sponsor or the
918	sponsor's staff at least once a year to present information
919	concerning each contract component having noted deficiencies.
920	The sponsor shall communicate at the meeting, and in writing to
921	the director, the services provided to the school to help the
922	school address its deficiencies.
923	(o)  Upon notification that a charter school receives a
924	school grade of "D" for 2 consecutive years or a school grade of
925	"F" under s. 1008.34(2), the charter school sponsor or the
926	sponsor's staff shall require the director and a representative
927	of the governing body to submit to the sponsor for approval a
928	school improvement plan to raise student achievement and to
929	implement the plan. The sponsor has the authority to approve a
930	school improvement plan that the charter school will implement
931	in the following school year. The sponsor may also consider the
932	State Board of Education's recommended action pursuant to s.
933	1008.33(1) as part of the school improvement plan. The
934	Department of Education shall offer technical assistance and
935	training to the charter school and its governing body and
936	establish guidelines for developing, submitting, and approving
937	such plans.
938	1.  If the charter school fails to improve its student
939	performance from the year immediately prior to the
940	implementation of the school improvement plan, the sponsor shall
941	place the charter school on probation and shall require the
942	charter school governing body to take one of the following
943	corrective actions:
944	a.  Contract for the educational services of the charter
945	school;
946	b.  Reorganize the school at the end of the school year
947	under a new director or principal who is authorized to hire new
948	staff and implement a plan that addresses the causes of
949	inadequate progress; or
950	c.  Reconstitute the charter school.
951	2.  A charter school that is placed on probation shall
952	continue the corrective actions required under subparagraph 1.
953	until the charter school improves its student performance from
954	the year prior to the implementation of the school improvement
955	plan.
956	3.  Notwithstanding any provision of this paragraph, the
957	sponsor may terminate the charter at any time pursuant to
958	subsection (9) (8).
959	(p)  The director and a representative of the governing
960	body of a graded charter school that has submitted a school
961	improvement plan or has been placed on probation under paragraph
962	(o) shall appear before the sponsor or the sponsor's staff at
963	least once a year to present information regarding the
964	corrective strategies that are being implemented by the school
965	pursuant to the school improvement plan. The sponsor shall
966	communicate at the meeting, and in writing to the director, the
967	services provided to the school to help the school address its
968	deficiencies.
969	(11)(10)  ELIGIBLE STUDENTS.-
970	(a)  A charter school shall be open to any student covered
971	in an interdistrict agreement or residing in the school district
972	in which the charter school is located; however, in the case of
973	a charter lab school, the charter lab school shall be open to
974	any student eligible to attend the lab school as provided in s.
975	1002.32 or who resides in the school district in which the
976	charter lab school is located. Any eligible student shall be
977	allowed interdistrict transfer to attend a charter school when
978	based on good cause. Good cause shall include, but is not
979	limited to, geographic proximity to a charter school in a
980	neighboring school district.
981	(b)  The charter school shall enroll an eligible student
982	who submits a timely application, unless the number of
983	applications exceeds the capacity of a program, class, grade
984	level, or building. In such case, all applicants shall have an
985	equal chance of being admitted through a random selection
986	process.
987	(c)  When a public school converts to charter status,
988	enrollment preference shall be given to students who would have
989	otherwise attended that public school. The district school board
990	shall consult and negotiate with the conversion charter school
991	every 3 years to determine whether realignment of the conversion
992	charter school's attendance zone is appropriate in order to
993	ensure that students residing closest to the charter school are
994	provided with an enrollment preference.
995	(d)  A charter school may give enrollment preference to the
996	following student populations:
997	1.  Students who are siblings of a student enrolled in the
998	charter school.
999	2.  Students who are the children of a member of the
1000	governing board of the charter school.
1001	3.  Students who are the children of an employee of the
1002	charter school.
1003	(e)  A charter school may limit the enrollment process only
1004	to target the following student populations:
1005	1.  Students within specific age groups or grade levels.
1006	2.  Students considered at risk of dropping out of school
1007	or academic failure. Such students shall include exceptional
1008	education students.
1009	3.  Students enrolling in a charter school-in-the-workplace
1010	or charter school-in-a-municipality established pursuant to
1011	subsection (16) (15).
1012	4.  Students residing within a reasonable distance of the
1013	charter school, as described in paragraph (21)(20)(c). Such
1014	students shall be subject to a random lottery and to the
1015	racial/ethnic balance provisions described in subparagraph
1016	(7)(a)8. or any federal provisions that require a school to
1017	achieve a racial/ethnic balance reflective of the community it
1018	serves or within the racial/ethnic range of other public schools
1019	in the same school district.
1020	5.  Students who meet reasonable academic, artistic, or
1021	other eligibility standards established by the charter school
1022	and included in the charter school application and charter or,
1023	in the case of existing charter schools, standards that are
1024	consistent with the school's mission and purpose. Such standards
1025	shall be in accordance with current state law and practice in
1026	public schools and may not discriminate against otherwise
1027	qualified individuals.
1028	6.  Students articulating from one charter school to
1029	another pursuant to an articulation agreement between the
1030	charter schools that has been approved by the sponsor.
1031	(f)  Students with disabilities and students served in
1032	English for Speakers of Other Languages programs shall have an
1033	equal opportunity of being selected for enrollment in a charter
1034	school.
1035	(g)  A student may withdraw from a charter school at any
1036	time and enroll in another public school as determined by
1037	district school board rule.
1038	(h)  The capacity of the charter school shall be determined
1039	annually by the governing board, in conjunction with the
1040	sponsor, of the charter school in consideration of the factors
1041	identified in this subsection.
1042	(12)(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
1043	ACTIVITIES.-A charter school student is eligible to participate
1044	in an interscholastic extracurricular activity at the public
1045	school to which the student would be otherwise assigned to
1046	attend pursuant to s. 1006.15(3)(d).
1047	(13)(12)  EMPLOYEES OF CHARTER SCHOOLS.-
1048	(a)  A charter school shall select its own employees. A
1049	charter school may contract with its sponsor for the services of
1050	personnel employed by the sponsor.
1051	(b)  Charter school employees shall have the option to
1052	bargain collectively. Employees may collectively bargain as a
1053	separate unit or as part of the existing district collective
1054	bargaining unit as determined by the structure of the charter
1055	school.
1056	(c)  The employees of a conversion charter school shall
1057	remain public employees for all purposes, unless such employees
1058	choose not to do so.
1059	(d)  The teachers at a charter school may choose to be part
1060	of a professional group that subcontracts with the charter
1061	school to operate the instructional program under the auspices
1062	of a partnership or cooperative that they collectively own.
1063	Under this arrangement, the teachers would not be public
1064	employees.
1065	(e)  Employees of a school district may take leave to
1066	accept employment in a charter school upon the approval of the
1067	district school board. While employed by the charter school and
1068	on leave that is approved by the district school board, the
1069	employee may retain seniority accrued in that school district
1070	and may continue to be covered by the benefit programs of that
1071	school district, if the charter school and the district school
1072	board agree to this arrangement and its financing. School
1073	districts shall not require resignations of teachers desiring to
1074	teach in a charter school. This paragraph shall not prohibit a
1075	district school board from approving alternative leave
1076	arrangements consistent with chapter 1012.
1077	(f)  Teachers employed by or under contract to a charter
1078	school shall be certified as required by chapter 1012. A charter
1079	school governing board may employ or contract with skilled
1080	selected noncertified personnel to provide instructional
1081	services or to assist instructional staff members as education
1082	paraprofessionals in the same manner as defined in chapter 1012,
1083	and as provided by State Board of Education rule for charter
1084	school governing boards. A charter school may not knowingly
1085	employ an individual to provide instructional services or to
1086	serve as an education paraprofessional if the individual's
1087	certification or licensure as an educator is suspended or
1088	revoked by this or any other state. A charter school may not
1089	knowingly employ an individual who has resigned from a school
1090	district in lieu of disciplinary action with respect to child
1091	welfare or safety, or who has been dismissed for just cause by
1092	any school district with respect to child welfare or safety. The
1093	qualifications of teachers shall be disclosed to parents.
1094	(g)1.  A charter school shall employ or contract with
1095	employees who have undergone background screening as provided in
1096	s. 1012.32. Members of the governing board of the charter school
1097	shall also undergo background screening in a manner similar to
1098	that provided in s. 1012.32.
1099	2.  A charter school shall disqualify instructional
1100	personnel and school administrators, as defined in s. 1012.01,
1101	from employment in any position that requires direct contact
1102	with students if the personnel or administrators are ineligible
1103	for such employment under s. 1012.315.
1104	3.  The governing board of a charter school shall adopt
1105	policies establishing standards of ethical conduct for
1106	instructional personnel and school administrators. The policies
1107	must require all instructional personnel and school
1108	administrators, as defined in s. 1012.01, to complete training
1109	on the standards; establish the duty of instructional personnel
1110	and school administrators to report, and procedures for
1111	reporting, alleged misconduct by other instructional personnel
1112	and school administrators which affects the health, safety, or
1113	welfare of a student; and include an explanation of the
1114	liability protections provided under ss. 39.203 and 768.095. A
1115	charter school, or any of its employees, may not enter into a
1116	confidentiality agreement regarding terminated or dismissed
1117	instructional personnel or school administrators, or personnel
1118	or administrators who resign in lieu of termination, based in
1119	whole or in part on misconduct that affects the health, safety,
1120	or welfare of a student, and may not provide instructional
1121	personnel or school administrators with employment references or
1122	discuss the personnel's or administrators' performance with
1123	prospective employers in another educational setting, without
1124	disclosing the personnel's or administrators' misconduct. Any
1125	part of an agreement or contract that has the purpose or effect
1126	of concealing misconduct by instructional personnel or school
1127	administrators which affects the health, safety, or welfare of a
1128	student is void, is contrary to public policy, and may not be
1129	enforced.
1130	4.  Before employing instructional personnel or school
1131	administrators in any position that requires direct contact with
1132	students, a charter school shall conduct employment history
1133	checks of each of the personnel's or administrators' previous
1134	employers, screen the instructional personnel or school
1135	administrators through use of the educator screening tools
1136	described in s. 1001.10(5), and document the findings. If unable
1137	to contact a previous employer, the charter school must document
1138	efforts to contact the employer.
1139	5.  The sponsor of a charter school that knowingly fails to
1140	comply with this paragraph shall terminate the charter under
1141	subsection (9) (8).
1142	(h)  For the purposes of tort liability, the governing body
1143	and employees of a charter school shall be governed by s.
1144	768.28.
1145	(i)  A charter school shall organize as, or be operated by,
1146	a nonprofit organization. A charter school may be operated by a
1147	municipality or other public entity as provided for by law. As
1148	such, the charter school may be either a private or a public
1149	employer. As a public employer, a charter school may participate
1150	in the Florida Retirement System upon application and approval
1151	as a "covered group" under s. 121.021(34). If a charter school
1152	participates in the Florida Retirement System, the charter
1153	school employees shall be compulsory members of the Florida
1154	Retirement System. As either a private or a public employer, a
1155	charter school may contract for services with an individual or
1156	group of individuals who are organized as a partnership or a
1157	cooperative. Individuals or groups of individuals who contract
1158	their services to the charter school are not public employees.
1159	(14)(13)  CHARTER SCHOOL COOPERATIVES.-Charter schools may
1160	enter into cooperative agreements to form charter school
1161	cooperative organizations that may provide the following
1162	services: charter school planning and development, direct
1163	instructional services, and contracts with charter school
1164	governing boards to provide personnel administrative services,
1165	payroll services, human resource management, evaluation and
1166	assessment services, teacher preparation, and professional
1167	development.
1168	(15)(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
1169	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
1170	TAXING POWER NOT TO BE PLEDGED.-Any arrangement entered into to
1171	borrow or otherwise secure funds for a charter school authorized
1172	in this section from a source other than the state or a school
1173	district shall indemnify the state and the school district from
1174	any and all liability, including, but not limited to, financial
1175	responsibility for the payment of the principal or interest. Any
1176	loans, bonds, or other financial agreements are not obligations
1177	of the state or the school district but are obligations of the
1178	charter school authority and are payable solely from the sources
1179	of funds pledged by such agreement. The credit or taxing power
1180	of the state or the school district shall not be pledged and no
1181	debts shall be payable out of any moneys except those of the
1182	legal entity in possession of a valid charter approved by a
1183	district school board pursuant to this section.
1184	(16)(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
1185	SCHOOLS-IN-A-MUNICIPALITY.-
1186	(a)  In order to increase business partnerships in
1187	education, to reduce school and classroom overcrowding
1188	throughout the state, and to offset the high costs for
1189	educational facilities construction, the Legislature intends to
1190	encourage the formation of business partnership schools or
1191	satellite learning centers and municipal-operated schools
1192	through charter school status.
1193	(b)  A charter school-in-the-workplace may be established
1194	when a business partner:
1195	1.  Provides one of the following:
1196	a.  Access to a the school facility to be used;
1197	b.  Resources that materially reduce the cost of
1198	constructing a school facility;
1199	c.  Land for a school facility; or
1200	d.  Resources to maintain a school facility;
1201	2.  Enrolls students based upon a random lottery that
1202	involves all of the children of employees of that business or
1203	corporation who are seeking enrollment, as provided for in
1204	subsection (11) (10); and
1205	3.  Enrolls students according to the racial/ethnic balance
1206	provisions described in subparagraph (7)(a)8.
1207
1208	A charter school-in-the-workplace is eligible for capital outlay
1209	funding under s. 1013.62. Any portion of a facility used for a
1210	public charter school shall be exempt from ad valorem taxes, as
1211	provided for in s. 1013.54, for the duration of its use as a
1212	public school.
1213	(c)  A charter school-in-a-municipality designation may be
1214	granted to a municipality that possesses a charter; enrolls
1215	students based upon a random lottery that involves all of the
1216	children of the residents of that municipality who are seeking
1217	enrollment, as provided for in subsection (11) (10); and enrolls
1218	students according to the racial/ethnic balance provisions
1219	described in subparagraph (7)(a)8. When a municipality has
1220	submitted charter applications for the establishment of a
1221	charter school feeder pattern, consisting of elementary, middle,
1222	and senior high schools, and each individual charter application
1223	is approved by the district school board, such schools shall
1224	then be designated as one charter school for all purposes listed
1225	pursuant to this section. Any portion of the land and facility
1226	used for a public charter school shall be exempt from ad valorem
1227	taxes, as provided for in s. 1013.54, for the duration of its
1228	use as a public school.
1229	(d)  As used in this subsection, the terms "business
1230	partner" or "municipality" may include more than one business or
1231	municipality to form a charter school-in-the-workplace or
1232	charter school-in-a-municipality.
1233	(17)(16)  EXEMPTION FROM STATUTES.-
1234	(a)  A charter school shall operate in accordance with its
1235	charter and shall be exempt from all statutes in chapters 1000-
1236	1013. However, a charter school shall be in compliance with the
1237	following statutes in chapters 1000-1013:
1238	1.  Those statutes specifically applying to charter
1239	schools, including this section.
1240	2.  Those statutes pertaining to the student assessment
1241	program and school grading system.
1242	3.  Those statutes pertaining to the provision of services
1243	to students with disabilities.
1244	4.  Those statutes pertaining to civil rights, including s.
1245	1000.05, relating to discrimination.
1246	5.  Those statutes pertaining to student health, safety,
1247	and welfare.
1248	(b)  Additionally, a charter school shall be in compliance
1249	with the following statutes and constitutional provisions:
1250	1.  Section 286.011, relating to public meetings and
1251	records, public inspection, and criminal and civil penalties.
1252	2.  Chapter 119, relating to public records.
1253	3.  Section 1, Art. IX of the State Constitution, relating
1254	to the maximum class size requirements, which shall be
1255	calculated at the school-level average in the specified grade
1256	groupings.
1257	(18)(17)  FUNDING.-Students enrolled in a charter school,
1258	regardless of the sponsorship, shall be funded as if they are in
1259	a basic program or a special program, the same as students
1260	enrolled in other public schools in the school district. Funding
1261	for a charter lab school shall be as provided in s. 1002.32.
1262	(a)  Each charter school shall report its student
1263	enrollment to the sponsor as required in s. 1011.62, and in
1264	accordance with the definitions in s. 1011.61. The sponsor shall
1265	include each charter school's enrollment in the district's
1266	report of student enrollment. All charter schools submitting
1267	student record information required by the Department of
1268	Education shall comply with the Department of Education's
1269	guidelines for electronic data formats for such data, and all
1270	districts shall accept electronic data that complies with the
1271	Department of Education's electronic format.
1272	(b)  The basis for the agreement for funding students
1273	enrolled in a charter school shall be the sum of the school
1274	district's operating funds from the Florida Education Finance
1275	Program as provided in s. 1011.62 and the General Appropriations
1276	Act, including gross state and local funds, discretionary
1277	lottery funds, district school capital improvement millage as
1278	provided in s. 1011.71(2), and funds from the school district's
1279	current operating discretionary millage levy; divided by total
1280	funded weighted full-time equivalent students in the school
1281	district; multiplied by the weighted full-time equivalent
1282	students for the charter school. Charter schools whose students
1283	or programs meet the eligibility criteria in law shall be
1284	entitled to their proportionate share of categorical program
1285	funds included in the total funds available in the Florida
1286	Education Finance Program by the Legislature, including
1287	transportation. Total funding for each charter school shall be
1288	recalculated during the year to reflect the revised calculations
1289	under the Florida Education Finance Program by the state and the
1290	actual weighted full-time equivalent students reported by the
1291	charter school during the full-time equivalent student survey
1292	periods designated by the Commissioner of Education.
1293	(c)  If the district school board is providing programs or
1294	services to students funded by federal funds, any eligible
1295	students enrolled in charter schools in the school district
1296	shall be provided federal funds for the same level of service
1297	provided students in the schools operated by the district school
1298	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
1299	charter schools shall receive all federal funding for which the
1300	school is otherwise eligible, including Title I and IDEA
1301	funding, not later than 5 months after the charter school first
1302	opens and within 5 months after any subsequent expansion of
1303	enrollment.
1304	(d)  Charter schools shall be included by the Department of
1305	Education and the district school board in requests for federal
1306	stimulus funds in the same manner as district school board-
1307	operated public schools, including Title I and IDEA funds and
1308	shall be entitled to receive such funds. Charter schools are
1309	eligible to participate in federal competitive grants that are
1310	available as part of the federal stimulus funds.
1311	(e)  District school boards shall make timely and efficient
1312	payment and reimbursement to charter schools, including
1313	processing paperwork required to access special state and
1314	federal funding for which they may be eligible. The district
1315	school board may distribute funds to a charter school for up to
1316	3 months based on the projected full-time equivalent student
1317	membership of the charter school. Thereafter, the results of
1318	full-time equivalent student membership surveys shall be used in
1319	adjusting the amount of funds distributed monthly to the charter
1320	school for the remainder of the fiscal year. The payment shall
1321	be issued no later than 10 working days after the district
1322	school board receives a distribution of state or federal funds.
1323	If a warrant for payment is not issued within 10 working days
1324	after receipt of funding by the district school board, the
1325	school district shall pay to the charter school, in addition to
1326	the amount of the scheduled disbursement, interest at a rate of
1327	1 percent per month calculated on a daily basis on the unpaid
1328	balance from the expiration of the 10 working days until such
1329	time as the warrant is issued.
1330	(19)(18)  FACILITIES.-
1331	(a)  A startup charter school shall utilize facilities
1332	which comply with the Florida Building Code pursuant to chapter
1333	553 except for the State Requirements for Educational
1334	Facilities. Conversion charter schools shall utilize facilities
1335	that comply with the State Requirements for Educational
1336	Facilities provided that the school district and the charter
1337	school have entered into a mutual management plan for the
1338	reasonable maintenance of such facilities. The mutual management
1339	plan shall contain a provision by which the district school
1340	board agrees to maintain charter school facilities in the same
1341	manner as its other public schools within the district. Charter
1342	schools, with the exception of conversion charter schools, are
1343	not required to comply, but may choose to comply, with the State
1344	Requirements for Educational Facilities of the Florida Building
1345	Code adopted pursuant to s. 1013.37. The local governing
1346	authority shall not adopt or impose local building requirements
1347	or restrictions that are more stringent than those found in the
1348	Florida Building Code. The agency having jurisdiction for
1349	inspection of a facility and issuance of a certificate of
1350	occupancy shall be the local municipality or, if in an
1351	unincorporated area, the county governing authority. The school
1352	district shall not impose any restrictions that are more
1353	stringent than those of the agency having jurisdiction.
1354	(b)  A charter school shall utilize facilities that comply
1355	with the Florida Fire Prevention Code, pursuant to s. 633.025,
1356	as adopted by the authority in whose jurisdiction the facility
1357	is located as provided in paragraph (a).
1358	(c)  Any facility, or portion thereof, used to house a
1359	charter school whose charter has been approved by the sponsor
1360	and the governing board, pursuant to subsection (7), shall be
1361	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
1362	community service, museum, performing arts, theatre, cinema,
1363	church, community college, college, and university facilities
1364	may provide space to charter schools within their facilities
1365	under their preexisting zoning and land use designations.
1366	(d)  Charter school facilities are exempt from assessments
1367	of fees for building permits, except as provided in s. 553.80,
1368	fees for building and occupational licenses, impact fees or
1369	exactions under s. 163.3180(13)(e)2., service availability fees,
1370	and assessments for special benefits.
1371	(e)  If a district school board facility or property is
1372	available because it is surplus, marked for disposal, or
1373	otherwise unused, it shall be provided for a charter school's
1374	use on the same basis as it is made available to other public
1375	schools in the district. A charter school receiving property
1376	from the school district may not sell or dispose of such
1377	property without written permission of the school district.
1378	Similarly, for an existing public school converting to charter
1379	status, no rental or leasing fee for the existing facility or
1380	for the property normally inventoried to the conversion school
1381	may be charged by the district school board to the parents and
1382	teachers organizing the charter school. The charter school shall
1383	agree to reasonable maintenance provisions in order to maintain
1384	the facility in a manner similar to district school board
1385	standards. The Public Education Capital Outlay maintenance funds
1386	or any other maintenance funds generated by the facility
1387	operated as a conversion school shall remain with the conversion
1388	school.
1389	(f)  To the extent that charter school facilities are
1390	specifically created to mitigate the educational impact created
1391	by the development of new residential dwelling units, pursuant
1392	to subparagraph (2)(c)4., some of or all of the educational
1393	impact fees required to be paid in connection with the new
1394	residential dwelling units may be designated instead for the
1395	construction of the charter school facilities that will mitigate
1396	the student station impact. Such facilities shall be built to
1397	the State Requirements for Educational Facilities and shall be
1398	owned by a public or nonprofit entity. The local school district
1399	retains the right to monitor and inspect such facilities to
1400	ensure compliance with the State Requirements for Educational
1401	Facilities. If a facility ceases to be used for public
1402	educational purposes, either the facility shall revert to the
1403	school district subject to any debt owed on the facility, or the
1404	owner of the facility shall have the option to refund all
1405	educational impact fees utilized for the facility to the school
1406	district. The district and the owner of the facility may
1407	contractually agree to another arrangement for the facilities if
1408	the facilities cease to be used for educational purposes. The
1409	owner of property planned or approved for new residential
1410	dwelling units and the entity levying educational impact fees
1411	shall enter into an agreement that designates the educational
1412	impact fees that will be allocated for the charter school
1413	student stations and that ensures the timely construction of the
1414	charter school student stations concurrent with the expected
1415	occupancy of the residential units. The application for use of
1416	educational impact fees shall include an approved charter school
1417	application. To assist the school district in forecasting
1418	student station needs, the entity levying the impact fees shall
1419	notify the affected district of any agreements it has approved
1420	for the purpose of mitigating student station impact from the
1421	new residential dwelling units.
1422	(g)  Each school district shall annually provide to the
1423	Department of Education as part of its 5-year work plan the
1424	number of existing vacant classrooms in each school that the
1425	district does not intend to use or does not project will be
1426	needed for educational purposes for the following school year.
1427	The department may recommend that a district make such space
1428	available to an appropriate charter school.
1429	(20)(19)  CAPITAL OUTLAY FUNDING.-Charter schools are
1430	eligible for capital outlay funds pursuant to s. 1013.62.
1431	(21)(20)  SERVICES.-
1432	(a)  A sponsor shall provide certain administrative and
1433	educational services to charter schools. These services shall
1434	include contract management services; full-time equivalent and
1435	data reporting services; exceptional student education
1436	administration services; services related to eligibility and
1437	reporting duties required to ensure that school lunch services
1438	under the federal lunch program, consistent with the needs of
1439	the charter school, are provided by the school district at the
1440	request of the charter school, that any funds due to the charter
1441	school under the federal lunch program be paid to the charter
1442	school as soon as the charter school begins serving food under
1443	the federal lunch program, and that the charter school is paid
1444	at the same time and in the same manner under the federal lunch
1445	program as other public schools serviced by the sponsor or the
1446	school district; test administration services, including payment
1447	of the costs of state-required or district-required student
1448	assessments; processing of teacher certificate data services;
1449	and information services, including equal access to student
1450	information systems that are used by public schools in the
1451	district in which the charter school is located. Student
1452	performance data for each student in a charter school,
1453	including, but not limited to, FCAT scores, standardized test
1454	scores, previous public school student report cards, and student
1455	performance measures, shall be provided by the sponsor to a
1456	charter school in the same manner provided to other public
1457	schools in the district. A total administrative fee for the
1458	provision of such services shall be calculated based upon up to
1459	5 percent of the available funds defined in paragraph
1460	(18)(17)(b) for all students. However, a sponsor may only
1461	withhold up to a 5-percent administrative fee for enrollment for
1462	up to and including 500 students. For charter schools with a
1463	population of 501 or more students, the difference between the
1464	total administrative fee calculation and the amount of the
1465	administrative fee withheld may only be used for capital outlay
1466	purposes specified in s. 1013.62(2). Each charter school shall
1467	receive 100 percent of the funds awarded to that school pursuant
1468	to s. 1012.225. Sponsors shall not charge charter schools any
1469	additional fees or surcharges for administrative and educational
1470	services in addition to the maximum 5-percent administrative fee
1471	withheld pursuant to this paragraph.
1472	(b)  If goods and services are made available to the
1473	charter school through the contract with the school district,
1474	they shall be provided to the charter school at a rate no
1475	greater than the district's actual cost unless mutually agreed
1476	upon by the charter school and the sponsor in a contract
1477	negotiated separately from the charter. When mediation has
1478	failed to resolve disputes over contracted services or
1479	contractual matters not included in the charter, an appeal may
1480	be made for a dispute resolution hearing before the Charter
1481	School Appeal Commission. To maximize the use of state funds,
1482	school districts shall allow charter schools to participate in
1483	the sponsor's bulk purchasing program if applicable.
1484	(c)  Transportation of charter school students shall be
1485	provided by the charter school consistent with the requirements
1486	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1487	body of the charter school may provide transportation through an
1488	agreement or contract with the district school board, a private
1489	provider, or parents. The charter school and the sponsor shall
1490	cooperate in making arrangements that ensure that transportation
1491	is not a barrier to equal access for all students residing
1492	within a reasonable distance of the charter school as determined
1493	in its charter.
1494	(22)(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.-
1495	(a)  The Department of Education shall provide information
1496	to the public, directly and through sponsors, on how to form and
1497	operate a charter school and how to enroll in a charter school
1498	once it is created. This information shall include a standard
1499	application format, charter format, evaluation instrument, and
1500	charter renewal format, which shall include the information
1501	specified in subsection (7) and shall be developed by consulting
1502	and negotiating with both school districts and charter schools
1503	before implementation. The charter and charter renewal formats
1504	shall be used by charter school sponsors.
1505	(b)1.  The Department of Education shall report student
1506	assessment data pursuant to s. 1008.34(3)(c) which is reported
1507	to schools that receive a school grade or student assessment
1508	data pursuant to s. 1008.341(3) which is reported to alternative
1509	schools that receive a school improvement rating to each charter
1510	school that:
1511	a.  Does not receive a school grade pursuant to s. 1008.34
1512	or a school improvement rating pursuant to s. 1008.341; and
1513	b.  Serves at least 10 students who are tested on the
1514	statewide assessment test pursuant to s. 1008.22.
1515	2.  The charter school shall report the information in
1516	subparagraph 1. to each parent of a student at the charter
1517	school, the parent of a child on a waiting list for the charter
1518	school, the district in which the charter school is located, and
1519	the governing board of the charter school. This paragraph does
1520	not abrogate the provisions of s. 1002.22, relating to student
1521	records, or the requirements of 20 U.S.C. s. 1232g, the Family
1522	Educational Rights and Privacy Act.
1523	2.3.a.  Pursuant to this paragraph, the Department of
1524	Education shall compare the charter school student performance
1525	data for each charter school in subparagraph 1. with the student
1526	performance data in traditional public schools in the district
1527	in which the charter school is located and other charter schools
1528	in the state. For alternative charter schools, the department
1529	shall compare the student performance data described in this
1530	paragraph with all alternative schools in the state. The
1531	comparative data shall be provided by the following grade
1532	groupings:
1533	(I)  Grades 3 through 5;
1534	(II)  Grades 6 through 8; and
1535	(III)  Grades 9 through 11.
1536	b.  Each charter school shall provide the information
1537	specified in this paragraph on its Internet website and also
1538	provide notice to the public at large in a manner provided by
1539	the rules of the State Board of Education. The State Board of
1540	Education shall adopt rules to administer the notice
1541	requirements of this subparagraph pursuant to ss. 120.536(1) and
1542	120.54. The website shall include, through links or actual
1543	content, other information related to school performance.
1544	(23)(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
1545	REVIEW.-
1546	(a)  The Department of Education shall staff and regularly
1547	convene a Charter School Review Panel in order to review issues,
1548	practices, and policies regarding charter schools. The
1549	composition of the review panel shall include individuals with
1550	experience in finance, administration, law, education, and
1551	school governance, and individuals familiar with charter school
1552	construction and operation. The panel shall include two
1553	appointees each from the Commissioner of Education, the
1554	President of the Senate, and the Speaker of the House of
1555	Representatives. The Governor shall appoint three members of the
1556	panel and shall designate the chair. Each member of the panel
1557	shall serve a 1-year term, unless renewed by the office making
1558	the appointment. The panel shall make recommendations to the
1559	Legislature, to the Department of Education, to charter schools,
1560	and to school districts for improving charter school operations
1561	and oversight and for ensuring best business practices at and
1562	fair business relationships with charter schools.
1563	(b)  The Legislature shall review the operation of charter
1564	schools during the 2010 Regular Session of the Legislature.
1565	(24)(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.-Upon
1566	receipt of the annual report required by paragraph (10)(9)(k),
1567	the Department of Education shall provide to the State Board of
1568	Education, the Commissioner of Education, the Governor, the
1569	President of the Senate, and the Speaker of the House of
1570	Representatives an analysis and comparison of the overall
1571	performance of charter school students, to include all students
1572	whose scores are counted as part of the statewide assessment
1573	program, versus comparable public school students in the
1574	district as determined by the statewide assessment program
1575	currently administered in the school district, and other
1576	assessments administered pursuant to s. 1008.22(3).
1577	(25)(24)  RESTRICTION ON EMPLOYMENT OF RELATIVES.-
1578	(a)  This subsection applies to charter school personnel in
1579	a charter school operated by a private entity. As used in this
1580	subsection, the term:
1581	1.  "Charter school personnel" means a charter school
1582	owner, president, chairperson of the governing board of
1583	directors, superintendent, governing board member, principal,
1584	assistant principal, or any other person employed by the charter
1585	school who has equivalent decisionmaking authority and in whom
1586	is vested the authority, or to whom the authority has been
1587	delegated, to appoint, employ, promote, or advance individuals
1588	or to recommend individuals for appointment, employment,
1589	promotion, or advancement in connection with employment in a
1590	charter school, including the authority as a member of a
1591	governing body of a charter school to vote on the appointment,
1592	employment, promotion, or advancement of individuals.
1593	2.  "Relative" means father, mother, son, daughter,
1594	brother, sister, uncle, aunt, first cousin, nephew, niece,
1595	husband, wife, father-in-law, mother-in-law, son-in-law,
1596	daughter-in-law, brother-in-law, sister-in-law, stepfather,
1597	stepmother, stepson, stepdaughter, stepbrother, stepsister, half
1598	brother, or half sister.
1599	(b)1.  Charter school personnel may not knowingly recommend
1600	or engage in the appoint, employ, promote, or advance, or
1601	advocate for appointment, employment, promotion, or assignment
1602	of an individual or employee to a work location if that action
1603	will create a situation in which one employee will be
1604	responsible for the direct supervision of, or exercise
1605	advancement, in or to a position in the charter school in which
1606	the personnel are serving or over which the personnel exercises
1607	jurisdiction or control over, another employee any individual
1608	who is a relative. The Commissioner of Education or the sponsor
1609	may make exceptions to this paragraph if such personnel actions
1610	would cause undue hardship on students or seriously disrupt a
1611	charter school's operations.
1612	2.  This paragraph does not prohibit the employment of
1613	relatives in the same work location if neither person is
1614	directly supervised by the other. An individual may not be
1615	appointed, employed, promoted, or advanced in or to a position
1616	in a charter school if such appointment, employment, promotion,
1617	or advancement has been advocated by charter school personnel
1618	who serve in or exercise jurisdiction or control over the
1619	charter school and who is a relative of the individual or if
1620	such appointment, employment, promotion, or advancement is made
1621	by the governing board of which a relative of the individual is
1622	a member.
1623	(c)  The approval of budgets does not constitute
1624	"jurisdiction or control" for the purposes of this subsection.
1625
1626	Charter school personnel in schools operated by a municipality
1627	or other public entity are subject to s. 112.3135.
1628	(26)(25)  STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.-
1629	(a)  A member of a governing board of a charter school,
1630	including a charter school operated by a private entity, is
1631	subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
1632	(b)  A member of a governing board of a charter school
1633	operated by a municipality or other public entity is subject to
1634	s. 112.3144, which relates to the disclosure of financial
1635	interests.
1636	(27)(26)  RULEMAKING.-The Department of Education, after
1637	consultation with school districts and charter school directors,
1638	shall recommend that the State Board of Education adopt rules to
1639	implement specific subsections of this section. Such rules shall
1640	require minimum paperwork and shall not limit charter school
1641	flexibility authorized by statute. The State Board of Education
1642	shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
1643	implement a charter model application form, evaluation
1644	instrument, and charter and charter renewal formats in
1645	accordance with this section.
1646	Section 3.  Subsection (2) of section 1011.71, Florida
1647	Statutes, is amended to read:
1648	1011.71  District school tax.-
1649	(2)  In addition to the maximum millage levy as provided in
1650	subsection (1), each school board may levy not more than 1.5
1651	mills against the taxable value for school purposes for district
1652	schools, including charter schools at the discretion of the
1653	school board, to fund:
1654	(a)  New construction and remodeling projects, as set forth
1655	in s. 1013.64(3)(b) and (6)(b) and included in the district's
1656	educational plant survey pursuant to s. 1013.31, without regard
1657	to prioritization, sites and site improvement or expansion to
1658	new sites, existing sites, auxiliary facilities, athletic
1659	facilities, or ancillary facilities.
1660	(b)  Maintenance, renovation, and repair of existing school
1661	plants or of leased facilities to correct deficiencies pursuant
1662	to s. 1013.15(2).
1663	(c)  The purchase, lease-purchase, or lease of school
1664	buses.
1665	(d)  Effective July 1, 2008, the purchase, lease-purchase,
1666	or lease of new and replacement equipment, and enterprise
1667	resource software applications that are classified as capital
1668	assets in accordance with definitions of the Governmental
1669	Accounting Standards Board, have a useful life of at least 5
1670	years, and are used to support districtwide administration or
1671	state-mandated reporting requirements.
1672	(e)  Payments for educational facilities and sites due
1673	under a lease-purchase agreement entered into by a district
1674	school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
1675	exceeding, in the aggregate, an amount equal to three-fourths of
1676	the proceeds from the millage levied by a district school board
1677	pursuant to this subsection. For the 2009-2010 fiscal year, the
1678	three-fourths limit is waived for lease-purchase agreements
1679	entered into before June 30, 2009, by a district school board
1680	pursuant to this paragraph.
1681	(f)  Payment of loans approved pursuant to ss. 1011.14 and
1682	1011.15.
1683	(g)  Payment of costs directly related to complying with
1684	state and federal environmental statutes, rules, and regulations
1685	governing school facilities.
1686	(h)  Payment of costs of leasing relocatable educational
1687	facilities, of renting or leasing educational facilities and
1688	sites pursuant to s. 1013.15(2), or of renting or leasing
1689	buildings or space within existing buildings pursuant to s.
1690	1013.15(4).
1691	(i)  Payment of the cost of school buses when a school
1692	district contracts with a private entity to provide student
1693	transportation services if the district meets the requirements
1694	of this paragraph.
1695	1.  The district's contract must require that the private
1696	entity purchase, lease-purchase, or lease, and operate and
1697	maintain, one or more school buses of a specific type and size
1698	that meet the requirements of s. 1006.25.
1699	2.  Each such school bus must be used for the daily
1700	transportation of public school students in the manner required
1701	by the school district.
1702	3.  Annual payment for each such school bus may not exceed
1703	10 percent of the purchase price of the state pool bid.
1704	4.  The proposed expenditure of the funds for this purpose
1705	must have been included in the district school board's notice of
1706	proposed tax for school capital outlay as provided in s.
1707	200.065(10).
1708	(j)  Payment of the cost of the opening day collection for
1709	the library media center of a new school.
1710	Section 4.  Paragraph (e) of subsection (1) and subsections
1711	(2) and (3) of section 1013.62, Florida Statutes, are amended to
1712	read:
1713	1013.62  Charter schools capital outlay funding.-
1714	(1)  In each year in which funds are appropriated for
1715	charter school capital outlay purposes, the Commissioner of
1716	Education shall allocate the funds among eligible charter
1717	schools.
1718	(e)  Unless otherwise provided in the General
1719	Appropriations Act, the funding allocation for each eligible
1720	charter school is determined by multiplying the school's
1721	projected student enrollment by one-fifteenth of the cost-per-
1722	student station specified in s. 1013.64(6)(b) for an elementary,
1723	middle, or high school, as appropriate. If the funds
1724	appropriated are not sufficient, the commissioner shall prorate
1725	the available funds among eligible charter schools. However, a
1726	charter school or charter lab school may not receive state
1727	charter school capital outlay funds greater than the one-
1728	fifteenth cost per student station formula if the charter
1729	school's combination of state charter school capital outlay
1730	funds, capital outlay funds calculated through the reduction in
1731	the administrative fee provided in s. 1002.33(21)(20), and
1732	capital outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds
1733	the one-fifteenth cost per student station formula.
1734	(2)  A charter school's governing body may use charter
1735	school capital outlay funds for the following purposes:
1736	(a)  Purchase of real property.
1737	(b)  Construction of school facilities.
1738	(c)  Purchase, lease-purchase, or lease of permanent or
1739	relocatable school facilities.
1740	(d)  Purchase of vehicles to transport students to and from
1741	the charter school.
1742	(e)  Renovation, repair, and maintenance of school
1743	facilities that the charter school owns or is purchasing through
1744	a lease-purchase or long-term lease of 5 years or longer.
1745	(f)  Effective July 1, 2008, purchase, lease-purchase, or
1746	lease of new and replacement equipment, and enterprise resource
1747	software applications that are classified as capital assets in
1748	accordance with definitions of the Governmental Accounting
1749	Standards Board, have a useful life of at least 5 years, and are
1750	used to support schoolwide administration or state-mandated
1751	reporting requirements.
1752	(g)  Payment of the cost of premiums for property and
1753	casualty insurance necessary to insure the school facilities.
1754	(h)  Purchase, lease-purchase, or lease of driver's
1755	education vehicles; motor vehicles used for the maintenance or
1756	operation of plants and equipment; security vehicles; or
1757	vehicles used in storing or distributing materials and
1758	equipment.
1759	(i)  Purchase of computer software, hardware, and network
1760	systems.
1761	(j)  Purchase of furniture and equipment.
1762
1763	Conversion charter schools may use capital outlay funds received
1764	through the reduction in the administrative fee provided in s.
1765	1002.33(21)(20) for renovation, repair, and maintenance of
1766	school facilities that are owned by the sponsor.
1767	(3)  When a charter school is nonrenewed or terminated, any
1768	unencumbered funds and all equipment and property purchased with
1769	district public funds shall revert to the ownership of the
1770	district school board, as provided for in s. 1002.33(9)(8)(e)
1771	and (f). In the case of a charter lab school, any unencumbered
1772	funds and all equipment and property purchased with university
1773	public funds shall revert to the ownership of the state
1774	university that issued the charter. The reversion of such
1775	equipment, property, and furnishings shall focus on recoverable
1776	assets, but not on intangible or irrecoverable costs such as
1777	rental or leasing fees, normal maintenance, and limited
1778	renovations. The reversion of all property secured with public
1779	funds is subject to the complete satisfaction of all lawful
1780	liens or encumbrances. If there are additional local issues such
1781	as the shared use of facilities or partial ownership of
1782	facilities or property, these issues shall be agreed to in the
1783	charter contract prior to the expenditure of funds.
1784	Section 5.  Paragraph (e) of subsection (13) of section
1785	163.3180, Florida Statutes, is amended to read:
1786	163.3180  Concurrency.-
1787	(13)  School concurrency shall be established on a
1788	districtwide basis and shall include all public schools in the
1789	district and all portions of the district, whether located in a
1790	municipality or an unincorporated area unless exempt from the
1791	public school facilities element pursuant to s. 163.3177(12).
1792	The application of school concurrency to development shall be
1793	based upon the adopted comprehensive plan, as amended. All local
1794	governments within a county, except as provided in paragraph
1795	(f), shall adopt and transmit to the state land planning agency
1796	the necessary plan amendments, along with the interlocal
1797	agreement, for a compliance review pursuant to s. 163.3184(7)
1798	and (8). The minimum requirements for school concurrency are the
1799	following:
1800	(e)  Availability standard.-Consistent with the public
1801	welfare, a local government may not deny an application for site
1802	plan, final subdivision approval, or the functional equivalent
1803	for a development or phase of a development authorizing
1804	residential development for failure to achieve and maintain the
1805	level-of-service standard for public school capacity in a local
1806	school concurrency management system where adequate school
1807	facilities will be in place or under actual construction within
1808	3 years after the issuance of final subdivision or site plan
1809	approval, or the functional equivalent. School concurrency is
1810	satisfied if the developer executes a legally binding commitment
1811	to provide mitigation proportionate to the demand for public
1812	school facilities to be created by actual development of the
1813	property, including, but not limited to, the options described
1814	in subparagraph 1. Options for proportionate-share mitigation of
1815	impacts on public school facilities must be established in the
1816	public school facilities element and the interlocal agreement
1817	pursuant to s. 163.31777.
1818	1.  Appropriate mitigation options include the contribution
1819	of land; the construction, expansion, or payment for land
1820	acquisition or construction of a public school facility; the
1821	construction of a charter school that complies with the
1822	requirements of s. 1002.33(19)(18); or the creation of
1823	mitigation banking based on the construction of a public school
1824	facility in exchange for the right to sell capacity credits.
1825	Such options must include execution by the applicant and the
1826	local government of a development agreement that constitutes a
1827	legally binding commitment to pay proportionate-share mitigation
1828	for the additional residential units approved by the local
1829	government in a development order and actually developed on the
1830	property, taking into account residential density allowed on the
1831	property prior to the plan amendment that increased the overall
1832	residential density. The district school board must be a party
1833	to such an agreement. As a condition of its entry into such a
1834	development agreement, the local government may require the
1835	landowner to agree to continuing renewal of the agreement upon
1836	its expiration.
1837	2.  If the education facilities plan and the public
1838	educational facilities element authorize a contribution of land;
1839	the construction, expansion, or payment for land acquisition;
1840	the construction or expansion of a public school facility, or a
1841	portion thereof; or the construction of a charter school that
1842	complies with the requirements of s. 1002.33(19)(18), as
1843	proportionate-share mitigation, the local government shall
1844	credit such a contribution, construction, expansion, or payment
1845	toward any other impact fee or exaction imposed by local
1846	ordinance for the same need, on a dollar-for-dollar basis at
1847	fair market value.
1848	3.  Any proportionate-share mitigation must be directed by
1849	the school board toward a school capacity improvement identified
1850	in a financially feasible 5-year district work plan that
1851	satisfies the demands created by the development in accordance
1852	with a binding developer's agreement.
1853	4.  If a development is precluded from commencing because
1854	there is inadequate classroom capacity to mitigate the impacts
1855	of the development, the development may nevertheless commence if
1856	there are accelerated facilities in an approved capital
1857	improvement element scheduled for construction in year four or
1858	later of such plan which, when built, will mitigate the proposed
1859	development, or if such accelerated facilities will be in the
1860	next annual update of the capital facilities element, the
1861	developer enters into a binding, financially guaranteed
1862	agreement with the school district to construct an accelerated
1863	facility within the first 3 years of an approved capital
1864	improvement plan, and the cost of the school facility is equal
1865	to or greater than the development's proportionate share. When
1866	the completed school facility is conveyed to the school
1867	district, the developer shall receive impact fee credits usable
1868	within the zone where the facility is constructed or any
1869	attendance zone contiguous with or adjacent to the zone where
1870	the facility is constructed.
1871	5.  This paragraph does not limit the authority of a local
1872	government to deny a development permit or its functional
1873	equivalent pursuant to its home rule regulatory powers, except
1874	as provided in this part.
1875	Section 6.  Paragraph (c) of subsection (10) and subsection
1876	(13) of section 1002.34, Florida Statutes, are amended to read:
1877	1002.34  Charter technical career centers.-
1878	(10)  EXEMPTION FROM STATUTES.-
1879	(c)  A center must comply with the antidiscrimination
1880	provisions in s. 1000.05 and the provisions in s.
1881	1002.33(25)(24) which relate to the employment of relatives.
1882	(13)  BOARD OF DIRECTORS AUTHORITY.-The board of directors
1883	of a center may decide matters relating to the operation of the
1884	school, including budgeting, curriculum, and operating
1885	procedures, subject to the center's charter. The board of
1886	directors is responsible for performing the duties provided in
1887	s. 1002.345, including monitoring the corrective action plan.
1888	The board of directors must comply with s. 1002.33(26)(25).
1889	Section 7.  Paragraphs (a) and (d) of subsection (1),
1890	paragraph (b) of subsection (2), and subsection (6) of section
1891	1002.345, Florida Statutes, are amended to read:
1892	1002.345  Determination of deteriorating financial
1893	conditions and financial emergencies for charter schools and
1894	charter technical career centers.-This section applies to
1895	charter schools operating pursuant to s. 1002.33 and to charter
1896	technical career centers operating pursuant to s. 1002.34.
1897	(1)  EXPEDITED REVIEW; REQUIREMENTS.-
1898	(a)  A charter school or a charter technical career center
1899	is subject to an expedited review by the sponsor if one of the
1900	following occurs:
1901	1.  Failure to provide for an audit required by s. 218.39.
1902	2.  Failure to comply with reporting requirements pursuant
1903	to s. 1002.33(10)(9) or s. 1002.34(11)(f) or (14).
1904	3.  A deteriorating financial condition identified through
1905	an annual audit pursuant to s. 218.39(5) or a monthly financial
1906	statement pursuant to s. 1002.33(10)(9)(g) or s. 1002.34(11)(f).
1907	"Deteriorating financial condition" means a circumstance that
1908	significantly impairs the ability of a charter school or a
1909	charter technical career center to generate enough revenues to
1910	meet its expenditures without causing the occurrence of a
1911	condition described in s. 218.503(1).
1912	4.  Notification pursuant to s. 218.503(2) that one or more
1913	of the conditions specified in s. 218.503(1) have occurred or
1914	will occur if action is not taken to assist the charter school
1915	or charter technical career center.
1916	(d)  The governing board shall include the corrective
1917	action plan and the status of its implementation in the annual
1918	progress report to the sponsor which is required pursuant to s.
1919	1002.33(10)(9)(k) or s. 1002.34(14).
1920	(2)  FINANCIAL EMERGENCY; REQUIREMENTS.-
1921	(b)  The governing board shall include the financial
1922	recovery plan and the status of its implementation in the annual
1923	progress report to the sponsor which is required under s.
1924	1002.33(10)(9)(k) or s. 1002.34(14).
1925	(6)  FAILURE TO CORRECT DEFICIENCIES.-The sponsor may
1926	decide not to renew or may terminate a charter if the charter
1927	school or charter technical career center fails to correct the
1928	deficiencies noted in the corrective action plan within 1 year
1929	after being notified of the deficiencies or exhibits one or more
1930	financial emergency conditions specified in s. 218.503 for 2
1931	consecutive years. This subsection does not affect a sponsor's
1932	authority to terminate or not renew a charter pursuant to s.
1933	1002.33(9)(8).
1934	Section 8.  Section 1011.68, Florida Statutes, is amended
1935	to read:
1936	1011.68  Funds for student transportation.-The annual
1937	allocation to each district for transportation to public school
1938	programs, including charter schools as provided in s.
1939	1002.33(18)(17)(b), of students in membership in kindergarten
1940	through grade 12 and in migrant and exceptional student programs
1941	below kindergarten shall be determined as follows:
1942	(1)  Subject to the rules of the State Board of Education,
1943	each district shall determine the membership of students who are
1944	transported:
1945	(a)  By reason of living 2 miles or more from school.
1946	(b)  By reason of being students with disabilities or
1947	enrolled in a teenage parent program, regardless of distance to
1948	school.
1949	(c)  By reason of being in a state prekindergarten program,
1950	regardless of distance from school.
1951	(d)  By reason of being career, dual enrollment, or
1952	students with disabilities transported from one school center to
1953	another to participate in an instructional program or service;
1954	or students with disabilities, transported from one designation
1955	to another in the state, provided one designation is a school
1956	center and provided the student's individual educational plan
1957	(IEP) identifies the need for the instructional program or
1958	service and transportation to be provided by the school
1959	district. A "school center" is defined as a public school
1960	center, community college, state university, or other facility
1961	rented, leased, or owned and operated by the school district or
1962	another public agency. A "dual enrollment student" is defined as
1963	a public school student in membership in both a public secondary
1964	school program and a community college or a state university
1965	program under a written agreement to partially fulfill ss.
1966	1003.435 and 1007.23 and earning full-time equivalent membership
1967	under s. 1011.62(1)(i).
1968	(e)  With respect to elementary school students whose grade
1969	level does not exceed grade 6, by reason of being subjected to
1970	hazardous walking conditions en route to or from school as
1971	provided in s. 1006.23. Such rules shall, when appropriate,
1972	provide for the determination of membership under this paragraph
1973	for less than 1 year to accommodate the needs of students who
1974	require transportation only until such hazardous conditions are
1975	corrected.
1976	(f)  By reason of being a pregnant student or student
1977	parent, and the child of a student parent as provided in s.
1978	1003.54, regardless of distance from school.
1979	(2)  The allocation for each district shall be calculated
1980	annually in accordance with the following formula:
1981	T = B + EX. The elements of this formula are defined as follows:
1982	T is the total dollar allocation for transportation. B is the
1983	base transportation dollar allocation prorated by an adjusted
1984	student membership count. The adjusted membership count shall be
1985	derived from a multiplicative index function in which the base
1986	student membership is adjusted by multiplying it by index
1987	numbers that individually account for the impact of the price
1988	level index, average bus occupancy, and the extent of rural
1989	population in the district. EX is the base transportation dollar
1990	allocation for disabled students prorated by an adjusted
1991	disabled student membership count. The base transportation
1992	dollar allocation for disabled students is the total state base
1993	disabled student membership count weighted for increased costs
1994	associated with transporting disabled students and multiplying
1995	it by the prior year's average per student cost for
1996	transportation. The adjusted disabled student membership count
1997	shall be derived from a multiplicative index function in which
1998	the weighted base disabled student membership is adjusted by
1999	multiplying it by index numbers that individually account for
2000	the impact of the price level index, average bus occupancy, and
2001	the extent of rural population in the district. Each adjustment
2002	factor shall be designed to affect the base allocation by no
2003	more or less than 10 percent.
2004	(3)  The total allocation to each district for
2005	transportation of students shall be the sum of the amounts
2006	determined in subsection (2). If the funds appropriated for the
2007	purpose of implementing this section are not sufficient to pay
2008	the base transportation allocation and the base transportation
2009	allocation for disabled students, the Department of Education
2010	shall prorate the available funds on a percentage basis. If the
2011	funds appropriated for the purpose of implementing this section
2012	exceed the sum of the base transportation allocation and the
2013	base transportation allocation for disabled students, the base
2014	transportation allocation for disabled students shall be limited
2015	to the amount calculated in subsection (2), and the remaining
2016	balance shall be added to the base transportation allocation.
2017	(4)  No district shall use funds to purchase transportation
2018	equipment and supplies at prices which exceed those determined
2019	by the department to be the lowest which can be obtained, as
2020	prescribed in s. 1006.27(1).
2021	(5)  Funds allocated or apportioned for the payment of
2022	student transportation services may be used to pay for
2023	transportation of students to and from school on local general
2024	purpose transportation systems. Student transportation funds may
2025	also be used to pay for transportation of students to and from
2026	school in private passenger cars and boats when the
2027	transportation is for isolated students, or students with
2028	disabilities as defined by rule. Subject to the rules of the
2029	State Board of Education, each school district shall determine
2030	and report the number of assigned students using general purpose
2031	transportation private passenger cars and boats. The allocation
2032	per student must be equal to the allocation per student riding a
2033	school bus.
2034	(6)  Notwithstanding other provisions of this section, in
2035	no case shall any student or students be counted for
2036	transportation funding more than once per day. This provision
2037	includes counting students for funding pursuant to trips in
2038	school buses, passenger cars, or boats or general purpose
2039	transportation.
2040	Section 9.  Paragraph (b) of subsection (2) of section
2041	1012.32, Florida Statutes, is amended to read:
2042	1012.32  Qualifications of personnel.-
2043	(2)
2044	(b)  Instructional and noninstructional personnel who are
2045	hired or contracted to fill positions in any charter school and
2046	members of the governing board of any charter school, in
2047	compliance with s. 1002.33(13)(12)(g), must, upon employment,
2048	engagement of services, or appointment, undergo background
2049	screening as required under s. 1012.465 or s. 1012.56, whichever
2050	is applicable, by filing with the district school board for the
2051	school district in which the charter school is located a
2052	complete set of fingerprints taken by an authorized law
2053	enforcement agency or an employee of the school or school
2054	district who is trained to take fingerprints.
2055
2056	Fingerprints shall be submitted to the Department of Law
2057	Enforcement for statewide criminal and juvenile records checks
2058	and to the Federal Bureau of Investigation for federal criminal
2059	records checks. A person subject to this subsection who is found
2060	ineligible for employment under s. 1012.315, or otherwise found
2061	through background screening to have been convicted of any crime
2062	involving moral turpitude as defined by rule of the State Board
2063	of Education, shall not be employed, engaged to provide
2064	services, or serve in any position that requires direct contact
2065	with students. Probationary persons subject to this subsection
2066	terminated because of their criminal record have the right to
2067	appeal such decisions. The cost of the background screening may
2068	be borne by the district school board, the charter school, the
2069	employee, the contractor, or a person subject to this
2070	subsection.
2071	Section 10.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.