CS/CS/HB 1569

1	A bill to be entitled
2	An act relating to charter schools; amending s. 1002.33,
3	F.S.; removing a requirement that certain individuals
4	participate in training prior to the filing of a charter
5	school application; correcting cross-references to high
6	school graduation requirements; providing eligibility
7	requirements for designation as a high-performing charter
8	school; providing that a high-performing charter school is
9	entitled to certain renewal, increase in enrollment,
10	startup grants, capital outlay funds, and application
11	procedures; requiring other good cause for nonrenewal or
12	termination of a charter to be defined in rule; revising
13	requirements for providing financial statements to a
14	sponsor; deleting obsolete provisions; revising
15	requirements for the establishment of a charter school-in-
16	the-workplace; providing that a charter school-in-the-
17	workplace is eligible for capital outlay funding;
18	providing that charter schools shall receive certain
19	federal funding for which they are eligible; revising
20	provisions relating to charter school compliance with
21	building codes and requirements; providing for an
22	exemption from certain exactions; removing a reporting
23	requirement relating to student assessment data; revising
24	restrictions on the employment of relatives by charter
25	school personnel; providing an exception; correcting a
26	cross-reference relating to the disclosure of financial
27	interests; conforming cross-references; amending s.
28	1013.62, F.S.; authorizing additional uses for charter
29	school capital outlay funds; conforming cross-references;
30	amending ss. 163.3180, 1002.32, 1002.34, 1002.345,
31	1011.68, and 1012.32, F.S.; conforming cross-references
32	and provisions; requiring the Office of Program Policy
33	Analysis and Government Accountability to conduct a study
34	comparing the funding of charter schools with traditional
35	public schools and examining certain funding and costs;
36	requiring recommendations to the Governor and Legislature,
37	if warranted, for improving the accountability and equity
38	of the funding system for charter schools; providing an
39	effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Paragraph (g) of subsection (6) and subsection
44	(7) of section 1002.33, Florida Statutes, are amended, a new
45	subsection (8) is added to that section, and present subsections
46	(8) through (26) are renumbered as subsections (9) through (27),
47	respectively, and amended, to read:
48	1002.33  Charter schools.-
49	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
50	applications are subject to the following requirements:
51	(g)1.  The Department of Education shall offer or arrange
52	for training and technical assistance to charter school
53	applicants in developing business plans and estimating costs and
54	income. This assistance shall address estimating startup costs,
55	projecting enrollment, and identifying the types and amounts of
56	state and federal financial assistance the charter school may be
57	eligible to receive. The department may provide other technical
58	assistance to an applicant upon written request.
59	2.  A charter school applicant must participate in the
60	training provided by the Department of Education before filing
61	an application. However, a sponsor may require the charter
62	school applicant to attend training provided by the sponsor in
63	lieu of the department's training if the sponsor's training
64	standards meet or exceed the standards developed by the
65	Department of Education. The training shall include instruction
66	in accurate financial planning and good business practices. If
67	the applicant is a management company or other nonprofit
68	organization, the charter school principal and the chief
69	financial officer or his or her equivalent must also participate
70	in the training.
71	(7)  CHARTER.-The major issues involving the operation of a
72	charter school shall be considered in advance and written into
73	the charter. The charter shall be signed by the governing body
74	of the charter school and the sponsor, following a public
75	hearing to ensure community input.
76	(a)  The charter shall address and criteria for approval of
77	the charter shall be based on:
78	1.  The school's mission, the students to be served, and
79	the ages and grades to be included.
80	2.  The focus of the curriculum, the instructional methods
81	to be used, any distinctive instructional techniques to be
82	employed, and identification and acquisition of appropriate
83	technologies needed to improve educational and administrative
84	performance which include a means for promoting safe, ethical,
85	and appropriate uses of technology which comply with legal and
86	professional standards. The charter shall ensure that reading is
87	a primary focus of the curriculum and that resources are
88	provided to identify and provide specialized instruction for
89	students who are reading below grade level. The curriculum and
90	instructional strategies for reading must be consistent with the
91	Sunshine State Standards and grounded in scientifically based
92	reading research.
93	3.  The current incoming baseline standard of student
94	academic achievement, the outcomes to be achieved, and the
95	method of measurement that will be used. The criteria listed in
96	this subparagraph shall include a detailed description of:
97	a.  How the baseline student academic achievement levels
98	and prior rates of academic progress will be established.
99	b.  How these baseline rates will be compared to rates of
100	academic progress achieved by these same students while
101	attending the charter school.
102	c.  To the extent possible, how these rates of progress
103	will be evaluated and compared with rates of progress of other
104	closely comparable student populations.
105
106	The district school board is required to provide academic
107	student performance data to charter schools for each of their
108	students coming from the district school system, as well as
109	rates of academic progress of comparable student populations in
110	the district school system.
111	4.  The methods used to identify the educational strengths
112	and needs of students and how well educational goals and
113	performance standards are met by students attending the charter
114	school. The methods shall provide a means for the charter school
115	to ensure accountability to its constituents by analyzing
116	student performance data and by evaluating the effectiveness and
117	efficiency of its major educational programs. Students in
118	charter schools shall, at a minimum, participate in the
119	statewide assessment program created under s. 1008.22.
120	5.  In secondary charter schools, a method for determining
121	that a student has satisfied the requirements for graduation in
122	s. 1003.428, s. 1003.429, or s. 1003.43.
123	6.  A method for resolving conflicts between the governing
124	body of the charter school and the sponsor.
125	7.  The admissions procedures and dismissal procedures,
126	including the school's code of student conduct.
127	8.  The ways by which the school will achieve a
128	racial/ethnic balance reflective of the community it serves or
129	within the racial/ethnic range of other public schools in the
130	same school district.
131	9.  The financial and administrative management of the
132	school, including a reasonable demonstration of the professional
133	experience or competence of those individuals or organizations
134	applying to operate the charter school or those hired or
135	retained to perform such professional services and the
136	description of clearly delineated responsibilities and the
137	policies and practices needed to effectively manage the charter
138	school. A description of internal audit procedures and
139	establishment of controls to ensure that financial resources are
140	properly managed must be included. Both public sector and
141	private sector professional experience shall be equally valid in
142	such a consideration.
143	10.  The asset and liability projections required in the
144	application which are incorporated into the charter and shall be
145	compared with information provided in the annual report of the
146	charter school.
147	11.  A description of procedures that identify various
148	risks and provide for a comprehensive approach to reduce the
149	impact of losses; plans to ensure the safety and security of
150	students and staff; plans to identify, minimize, and protect
151	others from violent or disruptive student behavior; and the
152	manner in which the school will be insured, including whether or
153	not the school will be required to have liability insurance,
154	and, if so, the terms and conditions thereof and the amounts of
155	coverage.
156	12.  The term of the charter which shall provide for
157	cancellation of the charter if insufficient progress has been
158	made in attaining the student achievement objectives of the
159	charter and if it is not likely that such objectives can be
160	achieved before expiration of the charter. The initial term of a
161	charter shall be for 4 or 5 years. In order to facilitate access
162	to long-term financial resources for charter school
163	construction, charter schools that are operated by a
164	municipality or other public entity as provided by law are
165	eligible for up to a 15-year charter, subject to approval by the
166	district school board. A charter lab school is eligible for a
167	charter for a term of up to 15 years. In addition, to facilitate
168	access to long-term financial resources for charter school
169	construction, charter schools that are operated by a private,
170	not-for-profit, s. 501(c)(3) status corporation are eligible for
171	up to a 15-year charter, subject to approval by the district
172	school board. Such long-term charters remain subject to annual
173	review and may be terminated during the term of the charter, but
174	only according to the provisions set forth in subsection (9)
175	(8).
176	13.  The facilities to be used and their location.
177	14.  The qualifications to be required of the teachers and
178	the potential strategies used to recruit, hire, train, and
179	retain qualified staff to achieve best value.
180	15.  The governance structure of the school, including the
181	status of the charter school as a public or private employer as
182	required in paragraph (13)(12)(i).
183	16.  A timetable for implementing the charter which
184	addresses the implementation of each element thereof and the
185	date by which the charter shall be awarded in order to meet this
186	timetable.
187	17.  In the case of an existing public school that is being
188	converted to charter status, alternative arrangements for
189	current students who choose not to attend the charter school and
190	for current teachers who choose not to teach in the charter
191	school after conversion in accordance with the existing
192	collective bargaining agreement or district school board rule in
193	the absence of a collective bargaining agreement. However,
194	alternative arrangements shall not be required for current
195	teachers who choose not to teach in a charter lab school, except
196	as authorized by the employment policies of the state university
197	which grants the charter to the lab school.
198	18.  Full disclosure of the identity of all relatives
199	employed by the charter school who are related to the charter
200	school owner, president, chairperson of the governing board of
201	directors, superintendent, governing board member, principal,
202	assistant principal, or any other person employed by the charter
203	school who has equivalent decisionmaking authority. For the
204	purpose of this subparagraph, the term "relative" means father,
205	mother, son, daughter, brother, sister, uncle, aunt, first
206	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
207	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
208	stepfather, stepmother, stepson, stepdaughter, stepbrother,
209	stepsister, half brother, or half sister.
210	(b)1.  A charter may be renewed provided that a program
211	review demonstrates that the criteria in paragraph (a) have been
212	successfully accomplished and that none of the grounds for
213	nonrenewal established by paragraph (9)(8)(a) has been
214	documented. In order to facilitate long-term financing for
215	charter school construction, charter schools operating for a
216	minimum of 3 years and demonstrating exemplary academic
217	programming and fiscal management are eligible for a 15-year
218	charter renewal. Such long-term charter is subject to annual
219	review and may be terminated during the term of the charter.
220	2.  The 15-year charter renewal that may be granted
221	pursuant to subparagraph 1. shall be granted to a charter school
222	that has received a school grade of "A" or "B" pursuant to s.
223	1008.34 in 3 of the past 4 years and is not in a state of
224	financial emergency or deficit position as defined by this
225	section. Such long-term charter is subject to annual review and
226	may be terminated during the term of the charter pursuant to
227	subsection (9) (8).
228	(c)  A charter may be modified during its initial term or
229	any renewal term upon the recommendation of the sponsor or the
230	charter school governing board and the approval of both parties
231	to the agreement.
232	(8)  HIGH-PERFORMING CHARTER SCHOOLS.-
233	(a)  A charter school is designated as a high-performing
234	charter school if it meets all of the following criteria:
235	1.  Has received a school grade of "A" or "B" pursuant to
236	s. 1008.34 for 3 consecutive years.
237	2.  Has received unqualified opinions on its annual audited
238	financial statements for 3 consecutive years.
239	3.  Has maintained positive fund balances for 3 consecutive
240	years.
241	(b)  A high-performing charter school is entitled to:
242	1.  Automatically renew its charter for 15 years.
243	2.  Increase its enrollment in excess of the maximum
244	enrollment specified in its charter.
245	3.  Automatically qualify for startup grants for new
246	applicants.
247	4.  Receive capital outlay funds under s. 1013.62 beginning
248	with the first year it receives a high-performing charter school
249	designation.
250	5.  Receive an extension of time until January 1 to submit
251	an initial application pursuant to subsection (6) to replicate a
252	successful charter school.
253	(9)(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-
254	(a)  The sponsor may choose not to renew or may terminate
255	the charter for any of the following grounds:
256	1.  Failure to participate in the state's education
257	accountability system created in s. 1008.31, as required in this
258	section, or failure to meet the requirements for student
259	performance stated in the charter.
260	2.  Failure to meet generally accepted standards of fiscal
261	management.
262	3.  Violation of law.
263	4.  Other good cause as defined in rules adopted by the
264	State Board of Education shown.
265	(b)  At least 90 days prior to renewing or terminating a
266	charter, the sponsor shall notify the governing body of the
267	school of the proposed action in writing. The notice shall state
268	in reasonable detail the grounds for the proposed action and
269	stipulate that the school's governing body may, within 14
270	calendar days after receiving the notice, request an informal
271	hearing before the sponsor. The sponsor shall conduct the
272	informal hearing within 30 calendar days after receiving a
273	written request.
274	(c)  If a charter is not renewed or is terminated pursuant
275	to paragraph (b), the sponsor shall, within 10 calendar days,
276	articulate in writing the specific reasons for its nonrenewal or
277	termination of the charter and must provide the letter of
278	nonrenewal or termination and documentation supporting the
279	reasons to the charter school governing body, the charter school
280	principal, and the Department of Education. The charter school's
281	governing body may, within 30 calendar days after receiving the
282	sponsor's final written decision to refuse to renew or to
283	terminate the charter, appeal the decision pursuant to the
284	procedure established in subsection (6).
285	(d)  A charter may be terminated immediately if the sponsor
286	determines that good cause has been shown or if the health,
287	safety, or welfare of the students is threatened. The sponsor's
288	determination is not subject to an informal hearing under
289	paragraph (b) or pursuant to chapter 120. The sponsor shall
290	notify in writing the charter school's governing body, the
291	charter school principal, and the department if a charter is
292	immediately terminated. The sponsor shall clearly identify the
293	specific issues that resulted in the immediate termination and
294	provide evidence of prior notification of issues resulting in
295	the immediate termination when appropriate. The school district
296	in which the charter school is located shall assume operation of
297	the school under these circumstances. The charter school's
298	governing board may, within 30 days after receiving the
299	sponsor's decision to terminate the charter, appeal the decision
300	pursuant to the procedure established in subsection (6).
301	(e)  When a charter is not renewed or is terminated, the
302	school shall be dissolved under the provisions of law under
303	which the school was organized, and any unencumbered public
304	funds, except for capital outlay funds and federal charter
305	school program grant funds, from the charter school shall revert
306	to the sponsor. Capital outlay funds provided pursuant to s.
307	1013.62 and federal charter school program grant funds that are
308	unencumbered shall revert to the department to be redistributed
309	among eligible charter schools. In the event a charter school is
310	dissolved or is otherwise terminated, all district school board
311	property and improvements, furnishings, and equipment purchased
312	with public funds shall automatically revert to full ownership
313	by the district school board, subject to complete satisfaction
314	of any lawful liens or encumbrances. Any unencumbered public
315	funds from the charter school, district school board property
316	and improvements, furnishings, and equipment purchased with
317	public funds, or financial or other records pertaining to the
318	charter school, in the possession of any person, entity, or
319	holding company, other than the charter school, shall be held in
320	trust upon the district school board's request, until any appeal
321	status is resolved.
322	(f)  If a charter is not renewed or is terminated, the
323	charter school is responsible for all debts of the charter
324	school. The district may not assume the debt from any contract
325	made between the governing body of the school and a third party,
326	except for a debt that is previously detailed and agreed upon in
327	writing by both the district and the governing body of the
328	school and that may not reasonably be assumed to have been
329	satisfied by the district.
330	(g)  If a charter is not renewed or is terminated, a
331	student who attended the school may apply to, and shall be
332	enrolled in, another public school. Normal application deadlines
333	shall be disregarded under such circumstances.
334	(10)(9)  CHARTER SCHOOL REQUIREMENTS.-
335	(a)  A charter school shall be nonsectarian in its
336	programs, admission policies, employment practices, and
337	operations.
338	(b)  A charter school shall admit students as provided in
339	subsection (11) (10).
340	(c)  A charter school shall be accountable to its sponsor
341	for performance as provided in subsection (7).
342	(d)  A charter school shall not charge tuition or
343	registration fees, except those fees normally charged by other
344	public schools. However, a charter lab school may charge a
345	student activity and service fee as authorized by s. 1002.32(5).
346	(e)  A charter school shall meet all applicable state and
347	local health, safety, and civil rights requirements.
348	(f)  A charter school shall not violate the
349	antidiscrimination provisions of s. 1000.05.
350	(g)  In order to provide financial information that is
351	comparable to that reported for other public schools, charter
352	schools are to maintain all financial records that constitute
353	their accounting system:
354	1.  In accordance with the accounts and codes prescribed in
355	the most recent issuance of the publication titled "Financial
356	and Program Cost Accounting and Reporting for Florida Schools";
357	or
358	2.  At the discretion of the charter school governing
359	board, a charter school may elect to follow generally accepted
360	accounting standards for not-for-profit organizations, but must
361	reformat this information for reporting according to this
362	paragraph.
363
364	Charter schools shall provide annual financial report and
365	program cost report information in the state-required formats
366	for inclusion in district reporting in compliance with s.
367	1011.60(1). Charter schools that are operated by a municipality
368	or are a component unit of a parent nonprofit organization may
369	use the accounting system of the municipality or the parent but
370	must reformat this information for reporting according to this
371	paragraph. A charter school shall provide a quarterly monthly
372	financial statement to the sponsor unless a deteriorating
373	financial condition has been identified or the charter school is
374	determined to be in a state of financial emergency pursuant to
375	s. 1002.345, in which case the charter school shall provide a
376	monthly financial statement. The monthly financial statement
377	required under this paragraph shall be in a form prescribed by
378	the Department of Education.
379	(h)  The governing board of the charter school shall
380	annually adopt and maintain an operating budget.
381	(i)  The governing body of the charter school shall
382	exercise continuing oversight over charter school operations.
383	(j)  The governing body of the charter school shall be
384	responsible for:
385	1.  Ensuring that the charter school has retained the
386	services of a certified public accountant or auditor for the
387	annual financial audit, pursuant to s. 1002.345(2), who shall
388	submit the report to the governing body.
389	2.  Reviewing and approving the audit report, including
390	audit findings and recommendations for the financial recovery
391	plan.
392	3.a.  Performing the duties in s. 1002.345, including
393	monitoring a corrective action plan.
394	b.  Monitoring a financial recovery plan in order to ensure
395	compliance.
396	4.  Participating in governance training approved by the
397	department which must include government in the sunshine,
398	conflicts of interest, ethics, and financial responsibility.
399	(k)  The governing body of the charter school shall report
400	its progress annually to its sponsor, which shall forward the
401	report to the Commissioner of Education at the same time as
402	other annual school accountability reports. The Department of
403	Education shall develop a uniform, online annual accountability
404	report to be completed by charter schools. This report shall be
405	easy to utilize and contain demographic information, student
406	performance data, and financial accountability information. A
407	charter school shall not be required to provide information and
408	data that is duplicative and already in the possession of the
409	department. The Department of Education shall include in its
410	compilation a notation if a school failed to file its report by
411	the deadline established by the department. The report shall
412	include at least the following components:
413	1.  Student achievement performance data, including the
414	information required for the annual school report and the
415	education accountability system governed by ss. 1008.31 and
416	1008.345. Charter schools are subject to the same accountability
417	requirements as other public schools, including reports of
418	student achievement information that links baseline student data
419	to the school's performance projections identified in the
420	charter. The charter school shall identify reasons for any
421	difference between projected and actual student performance.
422	2.  Financial status of the charter school which must
423	include revenues and expenditures at a level of detail that
424	allows for analysis of the charter school's ability to meet
425	financial obligations and timely repayment of debt.
426	3.  Documentation of the facilities in current use and any
427	planned facilities for use by the charter school for instruction
428	of students, administrative functions, or investment purposes.
429	4.  Descriptive information about the charter school's
430	personnel, including salary and benefit levels of charter school
431	employees, the proportion of instructional personnel who hold
432	professional or temporary certificates, and the proportion of
433	instructional personnel teaching in-field or out-of-field.
434	(l)  A charter school shall not levy taxes or issue bonds
435	secured by tax revenues.
436	(m)  A charter school shall provide instruction for at
437	least the number of days required by law for other public
438	schools and may provide instruction for additional days.
439	(n)  The director and a representative of the governing
440	body of a charter school that has received a school grade of "D"
441	under s. 1008.34(2) shall appear before the sponsor or the
442	sponsor's staff at least once a year to present information
443	concerning each contract component having noted deficiencies.
444	The sponsor shall communicate at the meeting, and in writing to
445	the director, the services provided to the school to help the
446	school address its deficiencies.
447	(o)  Upon notification that a charter school receives a
448	school grade of "D" for 2 consecutive years or a school grade of
449	"F" under s. 1008.34(2), the charter school sponsor or the
450	sponsor's staff shall require the director and a representative
451	of the governing body to submit to the sponsor for approval a
452	school improvement plan to raise student achievement and to
453	implement the plan. The sponsor has the authority to approve a
454	school improvement plan that the charter school will implement
455	in the following school year. The sponsor may also consider the
456	State Board of Education's recommended action pursuant to s.
457	1008.33(1) as part of the school improvement plan. The
458	Department of Education shall offer technical assistance and
459	training to the charter school and its governing body and
460	establish guidelines for developing, submitting, and approving
461	such plans.
462	1.  If the charter school fails to improve its student
463	performance from the year immediately prior to the
464	implementation of the school improvement plan, the sponsor shall
465	place the charter school on probation and shall require the
466	charter school governing body to take one of the following
467	corrective actions:
468	a.  Contract for the educational services of the charter
469	school;
470	b.  Reorganize the school at the end of the school year
471	under a new director or principal who is authorized to hire new
472	staff and implement a plan that addresses the causes of
473	inadequate progress; or
474	c.  Reconstitute the charter school.
475	2.  A charter school that is placed on probation shall
476	continue the corrective actions required under subparagraph 1.
477	until the charter school improves its student performance from
478	the year prior to the implementation of the school improvement
479	plan.
480	3.  Notwithstanding any provision of this paragraph, the
481	sponsor may terminate the charter at any time pursuant to
482	subsection (9) (8).
483	(p)  The director and a representative of the governing
484	body of a graded charter school that has submitted a school
485	improvement plan or has been placed on probation under paragraph
486	(o) shall appear before the sponsor or the sponsor's staff at
487	least once a year to present information regarding the
488	corrective strategies that are being implemented by the school
489	pursuant to the school improvement plan. The sponsor shall
490	communicate at the meeting, and in writing to the director, the
491	services provided to the school to help the school address its
492	deficiencies.
493	(11)(10)  ELIGIBLE STUDENTS.-
494	(a)  A charter school shall be open to any student covered
495	in an interdistrict agreement or residing in the school district
496	in which the charter school is located; however, in the case of
497	a charter lab school, the charter lab school shall be open to
498	any student eligible to attend the lab school as provided in s.
499	1002.32 or who resides in the school district in which the
500	charter lab school is located. Any eligible student shall be
501	allowed interdistrict transfer to attend a charter school when
502	based on good cause. Good cause shall include, but is not
503	limited to, geographic proximity to a charter school in a
504	neighboring school district.
505	(b)  The charter school shall enroll an eligible student
506	who submits a timely application, unless the number of
507	applications exceeds the capacity of a program, class, grade
508	level, or building. In such case, all applicants shall have an
509	equal chance of being admitted through a random selection
510	process.
511	(c)  When a public school converts to charter status,
512	enrollment preference shall be given to students who would have
513	otherwise attended that public school. The district school board
514	shall consult and negotiate with the conversion charter school
515	every 3 years to determine whether realignment of the conversion
516	charter school's attendance zone is appropriate in order to
517	ensure that students residing closest to the charter school are
518	provided with an enrollment preference.
519	(d)  A charter school may give enrollment preference to the
520	following student populations:
521	1.  Students who are siblings of a student enrolled in the
522	charter school.
523	2.  Students who are the children of a member of the
524	governing board of the charter school.
525	3.  Students who are the children of an employee of the
526	charter school.
527	(e)  A charter school may limit the enrollment process only
528	to target the following student populations:
529	1.  Students within specific age groups or grade levels.
530	2.  Students considered at risk of dropping out of school
531	or academic failure. Such students shall include exceptional
532	education students.
533	3.  Students enrolling in a charter school-in-the-workplace
534	or charter school-in-a-municipality established pursuant to
535	subsection (16) (15).
536	4.  Students residing within a reasonable distance of the
537	charter school, as described in paragraph (21)(20)(c). Such
538	students shall be subject to a random lottery and to the
539	racial/ethnic balance provisions described in subparagraph
540	(7)(a)8. or any federal provisions that require a school to
541	achieve a racial/ethnic balance reflective of the community it
542	serves or within the racial/ethnic range of other public schools
543	in the same school district.
544	5.  Students who meet reasonable academic, artistic, or
545	other eligibility standards established by the charter school
546	and included in the charter school application and charter or,
547	in the case of existing charter schools, standards that are
548	consistent with the school's mission and purpose. Such standards
549	shall be in accordance with current state law and practice in
550	public schools and may not discriminate against otherwise
551	qualified individuals.
552	6.  Students articulating from one charter school to
553	another pursuant to an articulation agreement between the
554	charter schools that has been approved by the sponsor.
555	(f)  Students with disabilities and students served in
556	English for Speakers of Other Languages programs shall have an
557	equal opportunity of being selected for enrollment in a charter
558	school.
559	(g)  A student may withdraw from a charter school at any
560	time and enroll in another public school as determined by
561	district school board rule.
562	(h)  The capacity of the charter school shall be determined
563	annually by the governing board, in conjunction with the
564	sponsor, of the charter school in consideration of the factors
565	identified in this subsection.
566	(12)(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
567	ACTIVITIES.-A charter school student is eligible to participate
568	in an interscholastic extracurricular activity at the public
569	school to which the student would be otherwise assigned to
570	attend pursuant to s. 1006.15(3)(d).
571	(13)(12)  EMPLOYEES OF CHARTER SCHOOLS.-
572	(a)  A charter school shall select its own employees. A
573	charter school may contract with its sponsor for the services of
574	personnel employed by the sponsor.
575	(b)  Charter school employees shall have the option to
576	bargain collectively. Employees may collectively bargain as a
577	separate unit or as part of the existing district collective
578	bargaining unit as determined by the structure of the charter
579	school.
580	(c)  The employees of a conversion charter school shall
581	remain public employees for all purposes, unless such employees
582	choose not to do so.
583	(d)  The teachers at a charter school may choose to be part
584	of a professional group that subcontracts with the charter
585	school to operate the instructional program under the auspices
586	of a partnership or cooperative that they collectively own.
587	Under this arrangement, the teachers would not be public
588	employees.
589	(e)  Employees of a school district may take leave to
590	accept employment in a charter school upon the approval of the
591	district school board. While employed by the charter school and
592	on leave that is approved by the district school board, the
593	employee may retain seniority accrued in that school district
594	and may continue to be covered by the benefit programs of that
595	school district, if the charter school and the district school
596	board agree to this arrangement and its financing. School
597	districts shall not require resignations of teachers desiring to
598	teach in a charter school. This paragraph shall not prohibit a
599	district school board from approving alternative leave
600	arrangements consistent with chapter 1012.
601	(f)  Teachers employed by or under contract to a charter
602	school shall be certified as required by chapter 1012. A charter
603	school governing board may employ or contract with skilled
604	selected noncertified personnel to provide instructional
605	services or to assist instructional staff members as education
606	paraprofessionals in the same manner as defined in chapter 1012,
607	and as provided by State Board of Education rule for charter
608	school governing boards. A charter school may not knowingly
609	employ an individual to provide instructional services or to
610	serve as an education paraprofessional if the individual's
611	certification or licensure as an educator is suspended or
612	revoked by this or any other state. A charter school may not
613	knowingly employ an individual who has resigned from a school
614	district in lieu of disciplinary action with respect to child
615	welfare or safety, or who has been dismissed for just cause by
616	any school district with respect to child welfare or safety. The
617	qualifications of teachers shall be disclosed to parents.
618	(g)1.  A charter school shall employ or contract with
619	employees who have undergone background screening as provided in
620	s. 1012.32. Members of the governing board of the charter school
621	shall also undergo background screening in a manner similar to
622	that provided in s. 1012.32.
623	2.  A charter school shall disqualify instructional
624	personnel and school administrators, as defined in s. 1012.01,
625	from employment in any position that requires direct contact
626	with students if the personnel or administrators are ineligible
627	for such employment under s. 1012.315.
628	3.  The governing board of a charter school shall adopt
629	policies establishing standards of ethical conduct for
630	instructional personnel and school administrators. The policies
631	must require all instructional personnel and school
632	administrators, as defined in s. 1012.01, to complete training
633	on the standards; establish the duty of instructional personnel
634	and school administrators to report, and procedures for
635	reporting, alleged misconduct by other instructional personnel
636	and school administrators which affects the health, safety, or
637	welfare of a student; and include an explanation of the
638	liability protections provided under ss. 39.203 and 768.095. A
639	charter school, or any of its employees, may not enter into a
640	confidentiality agreement regarding terminated or dismissed
641	instructional personnel or school administrators, or personnel
642	or administrators who resign in lieu of termination, based in
643	whole or in part on misconduct that affects the health, safety,
644	or welfare of a student, and may not provide instructional
645	personnel or school administrators with employment references or
646	discuss the personnel's or administrators' performance with
647	prospective employers in another educational setting, without
648	disclosing the personnel's or administrators' misconduct. Any
649	part of an agreement or contract that has the purpose or effect
650	of concealing misconduct by instructional personnel or school
651	administrators which affects the health, safety, or welfare of a
652	student is void, is contrary to public policy, and may not be
653	enforced.
654	4.  Before employing instructional personnel or school
655	administrators in any position that requires direct contact with
656	students, a charter school shall conduct employment history
657	checks of each of the personnel's or administrators' previous
658	employers, screen the instructional personnel or school
659	administrators through use of the educator screening tools
660	described in s. 1001.10(5), and document the findings. If unable
661	to contact a previous employer, the charter school must document
662	efforts to contact the employer.
663	5.  The sponsor of a charter school that knowingly fails to
664	comply with this paragraph shall terminate the charter under
665	subsection (9) (8).
666	(h)  For the purposes of tort liability, the governing body
667	and employees of a charter school shall be governed by s.
668	768.28.
669	(i)  A charter school shall organize as, or be operated by,
670	a nonprofit organization. A charter school may be operated by a
671	municipality or other public entity as provided for by law. As
672	such, the charter school may be either a private or a public
673	employer. As a public employer, a charter school may participate
674	in the Florida Retirement System upon application and approval
675	as a "covered group" under s. 121.021(34). If a charter school
676	participates in the Florida Retirement System, the charter
677	school employees shall be compulsory members of the Florida
678	Retirement System. As either a private or a public employer, a
679	charter school may contract for services with an individual or
680	group of individuals who are organized as a partnership or a
681	cooperative. Individuals or groups of individuals who contract
682	their services to the charter school are not public employees.
683	(14)(13)  CHARTER SCHOOL COOPERATIVES.-Charter schools may
684	enter into cooperative agreements to form charter school
685	cooperative organizations that may provide the following
686	services: charter school planning and development, direct
687	instructional services, and contracts with charter school
688	governing boards to provide personnel administrative services,
689	payroll services, human resource management, evaluation and
690	assessment services, teacher preparation, and professional
691	development.
692	(15)(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
693	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
694	TAXING POWER NOT TO BE PLEDGED.-Any arrangement entered into to
695	borrow or otherwise secure funds for a charter school authorized
696	in this section from a source other than the state or a school
697	district shall indemnify the state and the school district from
698	any and all liability, including, but not limited to, financial
699	responsibility for the payment of the principal or interest. Any
700	loans, bonds, or other financial agreements are not obligations
701	of the state or the school district but are obligations of the
702	charter school authority and are payable solely from the sources
703	of funds pledged by such agreement. The credit or taxing power
704	of the state or the school district shall not be pledged and no
705	debts shall be payable out of any moneys except those of the
706	legal entity in possession of a valid charter approved by a
707	district school board pursuant to this section.
708	(16)(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
709	SCHOOLS-IN-A-MUNICIPALITY.-
710	(a)  In order to increase business partnerships in
711	education, to reduce school and classroom overcrowding
712	throughout the state, and to offset the high costs for
713	educational facilities construction, the Legislature intends to
714	encourage the formation of business partnership schools or
715	satellite learning centers and municipal-operated schools
716	through charter school status.
717	(b)  A charter school-in-the-workplace may be established
718	when a business partner:
719	1.  Provides one of the following:
720	a.  Access to a the school facility to be used;
721	b.  Resources that materially reduce the cost of
722	constructing a school facility;
723	c.  Land for a school facility; or
724	d.  Resources to maintain a school facility;
725	2.  Enrolls students based upon a random lottery that
726	involves all of the children of employees of that business or
727	corporation who are seeking enrollment, as provided for in
728	subsection (11) (10); and
729	3.  Enrolls students according to the racial/ethnic balance
730	provisions described in subparagraph (7)(a)8.
731
732	A charter school-in-the-workplace is eligible for capital outlay
733	funding under s. 1013.62. Any portion of a facility used for a
734	public charter school shall be exempt from ad valorem taxes, as
735	provided for in s. 1013.54, for the duration of its use as a
736	public school.
737	(c)  A charter school-in-a-municipality designation may be
738	granted to a municipality that possesses a charter; enrolls
739	students based upon a random lottery that involves all of the
740	children of the residents of that municipality who are seeking
741	enrollment, as provided for in subsection (11) (10); and enrolls
742	students according to the racial/ethnic balance provisions
743	described in subparagraph (7)(a)8. When a municipality has
744	submitted charter applications for the establishment of a
745	charter school feeder pattern, consisting of elementary, middle,
746	and senior high schools, and each individual charter application
747	is approved by the district school board, such schools shall
748	then be designated as one charter school for all purposes listed
749	pursuant to this section. Any portion of the land and facility
750	used for a public charter school shall be exempt from ad valorem
751	taxes, as provided for in s. 1013.54, for the duration of its
752	use as a public school.
753	(d)  As used in this subsection, the terms "business
754	partner" or "municipality" may include more than one business or
755	municipality to form a charter school-in-the-workplace or
756	charter school-in-a-municipality.
757	(17)(16)  EXEMPTION FROM STATUTES.-
758	(a)  A charter school shall operate in accordance with its
759	charter and shall be exempt from all statutes in chapters 1000-
760	1013. However, a charter school shall be in compliance with the
761	following statutes in chapters 1000-1013:
762	1.  Those statutes specifically applying to charter
763	schools, including this section.
764	2.  Those statutes pertaining to the student assessment
765	program and school grading system.
766	3.  Those statutes pertaining to the provision of services
767	to students with disabilities.
768	4.  Those statutes pertaining to civil rights, including s.
769	1000.05, relating to discrimination.
770	5.  Those statutes pertaining to student health, safety,
771	and welfare.
772	(b)  Additionally, a charter school shall be in compliance
773	with the following statutes:
774	1.  Section 286.011, relating to public meetings and
775	records, public inspection, and criminal and civil penalties.
776	2.  Chapter 119, relating to public records.
777	(18)(17)  FUNDING.-Students enrolled in a charter school,
778	regardless of the sponsorship, shall be funded as if they are in
779	a basic program or a special program, the same as students
780	enrolled in other public schools in the school district. Funding
781	for a charter lab school shall be as provided in s. 1002.32.
782	(a)  Each charter school shall report its student
783	enrollment to the sponsor as required in s. 1011.62, and in
784	accordance with the definitions in s. 1011.61. The sponsor shall
785	include each charter school's enrollment in the district's
786	report of student enrollment. All charter schools submitting
787	student record information required by the Department of
788	Education shall comply with the Department of Education's
789	guidelines for electronic data formats for such data, and all
790	districts shall accept electronic data that complies with the
791	Department of Education's electronic format.
792	(b)  The basis for the agreement for funding students
793	enrolled in a charter school shall be the sum of the school
794	district's operating funds from the Florida Education Finance
795	Program as provided in s. 1011.62 and the General Appropriations
796	Act, including gross state and local funds, discretionary
797	lottery funds, and funds from the school district's current
798	operating discretionary millage levy; divided by total funded
799	weighted full-time equivalent students in the school district;
800	multiplied by the weighted full-time equivalent students for the
801	charter school. Charter schools whose students or programs meet
802	the eligibility criteria in law shall be entitled to their
803	proportionate share of categorical program funds included in the
804	total funds available in the Florida Education Finance Program
805	by the Legislature, including transportation. Total funding for
806	each charter school shall be recalculated during the year to
807	reflect the revised calculations under the Florida Education
808	Finance Program by the state and the actual weighted full-time
809	equivalent students reported by the charter school during the
810	full-time equivalent student survey periods designated by the
811	Commissioner of Education.
812	(c)  If the district school board is providing programs or
813	services to students funded by federal funds, any eligible
814	students enrolled in charter schools in the school district
815	shall be provided federal funds for the same level of service
816	provided students in the schools operated by the district school
817	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
818	charter schools shall receive all federal funding for which the
819	school is otherwise eligible, including Title I and IDEA
820	funding, not later than 5 months after the charter school first
821	opens and within 5 months after any subsequent expansion of
822	enrollment.
823	(d)  Charter schools shall be included by the Department of
824	Education and the district school board in requests for federal
825	stimulus funds in the same manner as district school board-
826	operated public schools, including Title I and IDEA funds and
827	shall be entitled to receive such funds. Charter schools are
828	eligible to participate in federal competitive grants that are
829	available as part of the federal stimulus funds.
830	(e)  District school boards shall make timely and efficient
831	payment and reimbursement to charter schools, including
832	processing paperwork required to access special state and
833	federal funding for which they may be eligible. The district
834	school board may distribute funds to a charter school for up to
835	3 months based on the projected full-time equivalent student
836	membership of the charter school. Thereafter, the results of
837	full-time equivalent student membership surveys shall be used in
838	adjusting the amount of funds distributed monthly to the charter
839	school for the remainder of the fiscal year. The payment shall
840	be issued no later than 10 working days after the district
841	school board receives a distribution of state or federal funds.
842	If a warrant for payment is not issued within 10 working days
843	after receipt of funding by the district school board, the
844	school district shall pay to the charter school, in addition to
845	the amount of the scheduled disbursement, interest at a rate of
846	1 percent per month calculated on a daily basis on the unpaid
847	balance from the expiration of the 10 working days until such
848	time as the warrant is issued.
849	(19)(18)  FACILITIES.-
850	(a)  A startup charter school shall utilize facilities
851	which comply with the Florida Building Code pursuant to chapter
852	553 except for the State Requirements for Educational
853	Facilities. Conversion charter schools shall utilize facilities
854	that comply with the State Requirements for Educational
855	Facilities provided that the school district and the charter
856	school have entered into a mutual management plan for the
857	reasonable maintenance of such facilities. The mutual management
858	plan shall contain a provision by which the district school
859	board agrees to maintain charter school facilities in the same
860	manner as its other public schools within the district. Charter
861	schools, with the exception of conversion charter schools, are
862	not required to comply, but may choose to comply, with any or
863	all components of the State Requirements for Educational
864	Facilities of the Florida Building Code adopted pursuant to s.
865	1013.37. The local governing authority shall not adopt or impose
866	local building requirements or site development restrictions,
867	such as parking and site-size criteria, that are more stringent
868	than those found in the State Requirements for Educational
869	Facilities of the Florida Building Code. The agency having
870	jurisdiction for inspection of a facility and issuance of a
871	certificate of occupancy or use shall be the local municipality
872	or, if in an unincorporated area, the county governing
873	authority.
874	(b)  A charter school shall utilize facilities that comply
875	with the Florida Fire Prevention Code, pursuant to s. 633.025,
876	as adopted by the authority in whose jurisdiction the facility
877	is located as provided in paragraph (a).
878	(c)  Any facility, or portion thereof, used to house a
879	charter school whose charter has been approved by the sponsor
880	and the governing board, pursuant to subsection (7), shall be
881	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
882	community service, museum, performing arts, theatre, cinema,
883	church, community college, college, and university facilities
884	may provide space to charter schools within their facilities
885	under their preexisting zoning and land use designations.
886	(d)  Charter school facilities are exempt from assessments
887	of fees for building permits, except as provided in s. 553.80,
888	fees for building and occupational licenses, impact fees or
889	exactions under s. 163.3180(13)(e)2., service availability fees,
890	and assessments for special benefits.
891	(e)  If a district school board facility or property is
892	available because it is surplus, marked for disposal, or
893	otherwise unused, it shall be provided for a charter school's
894	use on the same basis as it is made available to other public
895	schools in the district. A charter school receiving property
896	from the school district may not sell or dispose of such
897	property without written permission of the school district.
898	Similarly, for an existing public school converting to charter
899	status, no rental or leasing fee for the existing facility or
900	for the property normally inventoried to the conversion school
901	may be charged by the district school board to the parents and
902	teachers organizing the charter school. The charter school shall
903	agree to reasonable maintenance provisions in order to maintain
904	the facility in a manner similar to district school board
905	standards. The Public Education Capital Outlay maintenance funds
906	or any other maintenance funds generated by the facility
907	operated as a conversion school shall remain with the conversion
908	school.
909	(f)  To the extent that charter school facilities are
910	specifically created to mitigate the educational impact created
911	by the development of new residential dwelling units, pursuant
912	to subparagraph (2)(c)4., some of or all of the educational
913	impact fees required to be paid in connection with the new
914	residential dwelling units may be designated instead for the
915	construction of the charter school facilities that will mitigate
916	the student station impact. Such facilities shall be built to
917	the State Requirements for Educational Facilities and shall be
918	owned by a public or nonprofit entity. The local school district
919	retains the right to monitor and inspect such facilities to
920	ensure compliance with the State Requirements for Educational
921	Facilities. If a facility ceases to be used for public
922	educational purposes, either the facility shall revert to the
923	school district subject to any debt owed on the facility, or the
924	owner of the facility shall have the option to refund all
925	educational impact fees utilized for the facility to the school
926	district. The district and the owner of the facility may
927	contractually agree to another arrangement for the facilities if
928	the facilities cease to be used for educational purposes. The
929	owner of property planned or approved for new residential
930	dwelling units and the entity levying educational impact fees
931	shall enter into an agreement that designates the educational
932	impact fees that will be allocated for the charter school
933	student stations and that ensures the timely construction of the
934	charter school student stations concurrent with the expected
935	occupancy of the residential units. The application for use of
936	educational impact fees shall include an approved charter school
937	application. To assist the school district in forecasting
938	student station needs, the entity levying the impact fees shall
939	notify the affected district of any agreements it has approved
940	for the purpose of mitigating student station impact from the
941	new residential dwelling units.
942	(g)  Each school district shall annually provide to the
943	Department of Education as part of its 5-year work plan the
944	number of existing vacant classrooms in each school that the
945	district does not intend to use or does not project will be
946	needed for educational purposes for the following school year.
947	The department may recommend that a district make such space
948	available to an appropriate charter school.
949	(20)(19)  CAPITAL OUTLAY FUNDING.-Charter schools are
950	eligible for capital outlay funds pursuant to s. 1013.62.
951	(21)(20)  SERVICES.-
952	(a)  A sponsor shall provide certain administrative and
953	educational services to charter schools. These services shall
954	include contract management services; full-time equivalent and
955	data reporting services; exceptional student education
956	administration services; services related to eligibility and
957	reporting duties required to ensure that school lunch services
958	under the federal lunch program, consistent with the needs of
959	the charter school, are provided by the school district at the
960	request of the charter school, that any funds due to the charter
961	school under the federal lunch program be paid to the charter
962	school as soon as the charter school begins serving food under
963	the federal lunch program, and that the charter school is paid
964	at the same time and in the same manner under the federal lunch
965	program as other public schools serviced by the sponsor or the
966	school district; test administration services, including payment
967	of the costs of state-required or district-required student
968	assessments; processing of teacher certificate data services;
969	and information services, including equal access to student
970	information systems that are used by public schools in the
971	district in which the charter school is located. Student
972	performance data for each student in a charter school,
973	including, but not limited to, FCAT scores, standardized test
974	scores, previous public school student report cards, and student
975	performance measures, shall be provided by the sponsor to a
976	charter school in the same manner provided to other public
977	schools in the district. A total administrative fee for the
978	provision of such services shall be calculated based upon up to
979	5 percent of the available funds defined in paragraph
980	(18)(17)(b) for all students. However, a sponsor may only
981	withhold up to a 5-percent administrative fee for enrollment for
982	up to and including 500 students. For charter schools with a
983	population of 501 or more students, the difference between the
984	total administrative fee calculation and the amount of the
985	administrative fee withheld may only be used for capital outlay
986	purposes specified in s. 1013.62(2). Each charter school shall
987	receive 100 percent of the funds awarded to that school pursuant
988	to s. 1012.225. Sponsors shall not charge charter schools any
989	additional fees or surcharges for administrative and educational
990	services in addition to the maximum 5-percent administrative fee
991	withheld pursuant to this paragraph.
992	(b)  If goods and services are made available to the
993	charter school through the contract with the school district,
994	they shall be provided to the charter school at a rate no
995	greater than the district's actual cost unless mutually agreed
996	upon by the charter school and the sponsor in a contract
997	negotiated separately from the charter. When mediation has
998	failed to resolve disputes over contracted services or
999	contractual matters not included in the charter, an appeal may
1000	be made for a dispute resolution hearing before the Charter
1001	School Appeal Commission. To maximize the use of state funds,
1002	school districts shall allow charter schools to participate in
1003	the sponsor's bulk purchasing program if applicable.
1004	(c)  Transportation of charter school students shall be
1005	provided by the charter school consistent with the requirements
1006	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1007	body of the charter school may provide transportation through an
1008	agreement or contract with the district school board, a private
1009	provider, or parents. The charter school and the sponsor shall
1010	cooperate in making arrangements that ensure that transportation
1011	is not a barrier to equal access for all students residing
1012	within a reasonable distance of the charter school as determined
1013	in its charter.
1014	(22)(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.-
1015	(a)  The Department of Education shall provide information
1016	to the public, directly and through sponsors, on how to form and
1017	operate a charter school and how to enroll in a charter school
1018	once it is created. This information shall include a standard
1019	application format, charter format, evaluation instrument, and
1020	charter renewal format, which shall include the information
1021	specified in subsection (7) and shall be developed by consulting
1022	and negotiating with both school districts and charter schools
1023	before implementation. The charter and charter renewal formats
1024	shall be used by charter school sponsors.
1025	(b)1.  The Department of Education shall report student
1026	assessment data pursuant to s. 1008.34(3)(c) which is reported
1027	to schools that receive a school grade or student assessment
1028	data pursuant to s. 1008.341(3) which is reported to alternative
1029	schools that receive a school improvement rating to each charter
1030	school that:
1031	a.  Does not receive a school grade pursuant to s. 1008.34
1032	or a school improvement rating pursuant to s. 1008.341; and
1033	b.  Serves at least 10 students who are tested on the
1034	statewide assessment test pursuant to s. 1008.22.
1035	2.  The charter school shall report the information in
1036	subparagraph 1. to each parent of a student at the charter
1037	school, the parent of a child on a waiting list for the charter
1038	school, the district in which the charter school is located, and
1039	the governing board of the charter school. This paragraph does
1040	not abrogate the provisions of s. 1002.22, relating to student
1041	records, or the requirements of 20 U.S.C. s. 1232g, the Family
1042	Educational Rights and Privacy Act.
1043	2.3.a.  Pursuant to this paragraph, the Department of
1044	Education shall compare the charter school student performance
1045	data for each charter school in subparagraph 1. with the student
1046	performance data in traditional public schools in the district
1047	in which the charter school is located and other charter schools
1048	in the state. For alternative charter schools, the department
1049	shall compare the student performance data described in this
1050	paragraph with all alternative schools in the state. The
1051	comparative data shall be provided by the following grade
1052	groupings:
1053	(I)  Grades 3 through 5;
1054	(II)  Grades 6 through 8; and
1055	(III)  Grades 9 through 11.
1056	b.  Each charter school shall provide the information
1057	specified in this paragraph on its Internet website and also
1058	provide notice to the public at large in a manner provided by
1059	the rules of the State Board of Education. The State Board of
1060	Education shall adopt rules to administer the notice
1061	requirements of this subparagraph pursuant to ss. 120.536(1) and
1062	120.54. The website shall include, through links or actual
1063	content, other information related to school performance.
1064	(23)(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
1065	REVIEW.-
1066	(a)  The Department of Education shall staff and regularly
1067	convene a Charter School Review Panel in order to review issues,
1068	practices, and policies regarding charter schools. The
1069	composition of the review panel shall include individuals with
1070	experience in finance, administration, law, education, and
1071	school governance, and individuals familiar with charter school
1072	construction and operation. The panel shall include two
1073	appointees each from the Commissioner of Education, the
1074	President of the Senate, and the Speaker of the House of
1075	Representatives. The Governor shall appoint three members of the
1076	panel and shall designate the chair. Each member of the panel
1077	shall serve a 1-year term, unless renewed by the office making
1078	the appointment. The panel shall make recommendations to the
1079	Legislature, to the Department of Education, to charter schools,
1080	and to school districts for improving charter school operations
1081	and oversight and for ensuring best business practices at and
1082	fair business relationships with charter schools.
1083	(b)  The Legislature shall review the operation of charter
1084	schools during the 2010 Regular Session of the Legislature.
1085	(24)(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.-Upon
1086	receipt of the annual report required by paragraph (10)(9)(k),
1087	the Department of Education shall provide to the State Board of
1088	Education, the Commissioner of Education, the Governor, the
1089	President of the Senate, and the Speaker of the House of
1090	Representatives an analysis and comparison of the overall
1091	performance of charter school students, to include all students
1092	whose scores are counted as part of the statewide assessment
1093	program, versus comparable public school students in the
1094	district as determined by the statewide assessment program
1095	currently administered in the school district, and other
1096	assessments administered pursuant to s. 1008.22(3).
1097	(25)(24)  RESTRICTION ON EMPLOYMENT OF RELATIVES.-
1098	(a)  This subsection applies to charter school personnel in
1099	a charter school operated by a private entity. As used in this
1100	subsection, the term:
1101	1.  "Charter school personnel" means a charter school
1102	owner, president, chairperson of the governing board of
1103	directors, superintendent, governing board member, principal,
1104	assistant principal, or any other person employed by the charter
1105	school who has equivalent decisionmaking authority and in whom
1106	is vested the authority, or to whom the authority has been
1107	delegated, to appoint, employ, promote, or advance individuals
1108	or to recommend individuals for appointment, employment,
1109	promotion, or advancement in connection with employment in a
1110	charter school, including the authority as a member of a
1111	governing body of a charter school to vote on the appointment,
1112	employment, promotion, or advancement of individuals.
1113	2.  "Relative" means father, mother, son, daughter,
1114	brother, sister, uncle, aunt, first cousin, nephew, niece,
1115	husband, wife, father-in-law, mother-in-law, son-in-law,
1116	daughter-in-law, brother-in-law, sister-in-law, stepfather,
1117	stepmother, stepson, stepdaughter, stepbrother, stepsister, half
1118	brother, or half sister.
1119	(b)  Charter school personnel may not knowingly recommend
1120	or engage in the appoint, employ, promote, or advance, or
1121	advocate for appointment, employment, promotion, or
1122	of an individual or employee to a work location if that action
1123	will create a situation in which one employee will be
1124	responsible for the direct supervision of, or exercise
1125	advancement, in or to a position in the charter school in which
1126	the personnel are serving or over which the personnel exercises
1127	jurisdiction or control over, another employee any individual
1128	who is a relative. The Commissioner of Education or the sponsor
1129	may make exceptions to this paragraph if such personnel actions
1130	would cause undue hardship on students or seriously disrupt a
1131	charter school's operations. An individual may not be appointed,
1132	employed, promoted, or advanced in or to a position in a charter
1133	school if such appointment, employment, promotion, or
1134	advancement has been advocated by charter school personnel who
1135	serve in or exercise jurisdiction or control over the charter
1136	school and who is a relative of the individual or if such
1137	appointment, employment, promotion, or advancement is made by
1138	the governing board of which a relative of the individual is a
1139	member.
1140	(c)  The approval of budgets does not constitute
1141	"jurisdiction or control" for the purposes of this subsection.
1142
1143	Charter school personnel in schools operated by a municipality
1144	or other public entity are subject to s. 112.3135.
1145	(26)(25)  STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.-
1146	(a)  A member of a governing board of a charter school,
1147	including a charter school operated by a private entity, is
1148	subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
1149	(b)  A member of a governing board of a charter school
1150	operated by a municipality or other public entity is subject to
1151	s. 112.3145 112.3144, which relates to the disclosure of
1152	financial interests.
1153	(27)(26)  RULEMAKING.-The Department of Education, after
1154	consultation with school districts and charter school directors,
1155	shall recommend that the State Board of Education adopt rules to
1156	implement specific subsections of this section. Such rules shall
1157	require minimum paperwork and shall not limit charter school
1158	flexibility authorized by statute. The State Board of Education
1159	shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
1160	implement a charter model application form, evaluation
1161	instrument, and charter and charter renewal formats in
1162	accordance with this section.
1163	Section 2.  Paragraph (e) of subsection (1) and subsections
1164	(2) and (3) of section 1013.62, Florida Statutes, are amended to
1165	read:
1166	1013.62  Charter schools capital outlay funding.-
1167	(1)  In each year in which funds are appropriated for
1168	charter school capital outlay purposes, the Commissioner of
1169	Education shall allocate the funds among eligible charter
1170	schools.
1171	(e)  Unless otherwise provided in the General
1172	Appropriations Act, the funding allocation for each eligible
1173	charter school is determined by multiplying the school's
1174	projected student enrollment by one-fifteenth of the cost-per-
1175	student station specified in s. 1013.64(6)(b) for an elementary,
1176	middle, or high school, as appropriate. If the funds
1177	appropriated are not sufficient, the commissioner shall prorate
1178	the available funds among eligible charter schools. However, a
1179	charter school or charter lab school may not receive state
1180	charter school capital outlay funds greater than the one-
1181	fifteenth cost per student station formula if the charter
1182	school's combination of state charter school capital outlay
1183	funds, capital outlay funds calculated through the reduction in
1184	the administrative fee provided in s. 1002.33(21)(20), and
1185	capital outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds
1186	the one-fifteenth cost per student station formula.
1187	(2)  A charter school's governing body may use charter
1188	school capital outlay funds for the following purposes:
1189	(a)  Purchase of real property.
1190	(b)  Construction of school facilities.
1191	(c)  Purchase, lease-purchase, or lease of permanent or
1192	relocatable school facilities.
1193	(d)  Purchase of vehicles to transport students to and from
1194	the charter school.
1195	(e)  Renovation, repair, and maintenance of school
1196	facilities that the charter school owns or is purchasing through
1197	a lease-purchase or long-term lease of 5 years or longer.
1198	(f)  Effective July 1, 2008, purchase, lease-purchase, or
1199	lease of new and replacement equipment, and enterprise resource
1200	software applications that are classified as capital assets in
1201	accordance with definitions of the Governmental Accounting
1202	Standards Board, have a useful life of at least 5 years, and are
1203	used to support schoolwide administration or state-mandated
1204	reporting requirements.
1205	(g)  Payment of the cost of premiums for property and
1206	casualty insurance necessary to insure the school facilities.
1207	(h)  Purchase, lease-purchase, or lease of driver's
1208	education vehicles; motor vehicles used for the maintenance or
1209	operation of plants and equipment; security vehicles; or
1210	vehicles used in storing or distributing materials and
1211	equipment.
1212	(i)  Purchase of computer software, hardware, and network
1213	systems.
1214	(j)  Purchase of furniture and equipment.
1215
1216	Conversion charter schools may use capital outlay funds received
1217	through the reduction in the administrative fee provided in s.
1218	1002.33(21)(20) for renovation, repair, and maintenance of
1219	school facilities that are owned by the sponsor.
1220	(3)  When a charter school is nonrenewed or terminated, any
1221	unencumbered funds and all equipment and property purchased with
1222	district public funds shall revert to the ownership of the
1223	district school board, as provided for in s. 1002.33(9)(8)(e)
1224	and (f). In the case of a charter lab school, any unencumbered
1225	funds and all equipment and property purchased with university
1226	public funds shall revert to the ownership of the state
1227	university that issued the charter. The reversion of such
1228	equipment, property, and furnishings shall focus on recoverable
1229	assets, but not on intangible or irrecoverable costs such as
1230	rental or leasing fees, normal maintenance, and limited
1231	renovations. The reversion of all property secured with public
1232	funds is subject to the complete satisfaction of all lawful
1233	liens or encumbrances. If there are additional local issues such
1234	as the shared use of facilities or partial ownership of
1235	facilities or property, these issues shall be agreed to in the
1236	charter contract prior to the expenditure of funds.
1237	Section 3.  Paragraph (e) of subsection (13) of section
1238	163.3180, Florida Statutes, is amended to read:
1239	163.3180  Concurrency.-
1240	(13)  School concurrency shall be established on a
1241	districtwide basis and shall include all public schools in the
1242	district and all portions of the district, whether located in a
1243	municipality or an unincorporated area unless exempt from the
1244	public school facilities element pursuant to s. 163.3177(12).
1245	The application of school concurrency to development shall be
1246	based upon the adopted comprehensive plan, as amended. All local
1247	governments within a county, except as provided in paragraph
1248	(f), shall adopt and transmit to the state land planning agency
1249	the necessary plan amendments, along with the interlocal
1250	agreement, for a compliance review pursuant to s. 163.3184(7)
1251	and (8). The minimum requirements for school concurrency are the
1252	following:
1253	(e)  Availability standard.-Consistent with the public
1254	welfare, a local government may not deny an application for site
1255	plan, final subdivision approval, or the functional equivalent
1256	for a development or phase of a development authorizing
1257	residential development for failure to achieve and maintain the
1258	level-of-service standard for public school capacity in a local
1259	school concurrency management system where adequate school
1260	facilities will be in place or under actual construction within
1261	3 years after the issuance of final subdivision or site plan
1262	approval, or the functional equivalent. School concurrency is
1263	satisfied if the developer executes a legally binding commitment
1264	to provide mitigation proportionate to the demand for public
1265	school facilities to be created by actual development of the
1266	property, including, but not limited to, the options described
1267	in subparagraph 1. Options for proportionate-share mitigation of
1268	impacts on public school facilities must be established in the
1269	public school facilities element and the interlocal agreement
1270	pursuant to s. 163.31777.
1271	1.  Appropriate mitigation options include the contribution
1272	of land; the construction, expansion, or payment for land
1273	acquisition or construction of a public school facility; the
1274	construction of a charter school that complies with the
1275	requirements of s. 1002.33(19)(18); or the creation of
1276	mitigation banking based on the construction of a public school
1277	facility in exchange for the right to sell capacity credits.
1278	Such options must include execution by the applicant and the
1279	local government of a development agreement that constitutes a
1280	legally binding commitment to pay proportionate-share mitigation
1281	for the additional residential units approved by the local
1282	government in a development order and actually developed on the
1283	property, taking into account residential density allowed on the
1284	property prior to the plan amendment that increased the overall
1285	residential density. The district school board must be a party
1286	to such an agreement. As a condition of its entry into such a
1287	development agreement, the local government may require the
1288	landowner to agree to continuing renewal of the agreement upon
1289	its expiration.
1290	2.  If the education facilities plan and the public
1291	educational facilities element authorize a contribution of land;
1292	the construction, expansion, or payment for land acquisition;
1293	the construction or expansion of a public school facility, or a
1294	portion thereof; or the construction of a charter school that
1295	complies with the requirements of s. 1002.33(19)(18), as
1296	proportionate-share mitigation, the local government shall
1297	credit such a contribution, construction, expansion, or payment
1298	toward any other impact fee or exaction imposed by local
1299	ordinance for the same need, on a dollar-for-dollar basis at
1300	fair market value.
1301	3.  Any proportionate-share mitigation must be directed by
1302	the school board toward a school capacity improvement identified
1303	in a financially feasible 5-year district work plan that
1304	satisfies the demands created by the development in accordance
1305	with a binding developer's agreement.
1306	4.  If a development is precluded from commencing because
1307	there is inadequate classroom capacity to mitigate the impacts
1308	of the development, the development may nevertheless commence if
1309	there are accelerated facilities in an approved capital
1310	improvement element scheduled for construction in year four or
1311	later of such plan which, when built, will mitigate the proposed
1312	development, or if such accelerated facilities will be in the
1313	next annual update of the capital facilities element, the
1314	developer enters into a binding, financially guaranteed
1315	agreement with the school district to construct an accelerated
1316	facility within the first 3 years of an approved capital
1317	improvement plan, and the cost of the school facility is equal
1318	to or greater than the development's proportionate share. When
1319	the completed school facility is conveyed to the school
1320	district, the developer shall receive impact fee credits usable
1321	within the zone where the facility is constructed or any
1322	attendance zone contiguous with or adjacent to the zone where
1323	the facility is constructed.
1324	5.  This paragraph does not limit the authority of a local
1325	government to deny a development permit or its functional
1326	equivalent pursuant to its home rule regulatory powers, except
1327	as provided in this part.
1328	Section 4.  Paragraph (c) of subsection (9) of section
1329	1002.32, Florida Statutes, is amended to read:
1330	1002.32  Developmental research (laboratory) schools.-
1331	(9)  FUNDING.-Funding for a lab school, including a charter
1332	lab school, shall be provided as follows:
1333	(c)  All operating funds provided under this section shall
1334	be deposited in a Lab School Trust Fund and shall be expended
1335	for the purposes of this section. The university assigned a lab
1336	school shall be the fiscal agent for these funds, and all rules
1337	of the university governing the budgeting and expenditure of
1338	state funds shall apply to these funds unless otherwise provided
1339	by law or rule of the State Board of Education. The university
1340	board of trustees shall be the public employer of lab school
1341	personnel for collective bargaining purposes for lab schools in
1342	operation prior to the 2002-2003 fiscal year. Employees of
1343	charter lab schools authorized prior to June 1, 2003, but not in
1344	operation prior to the 2002-2003 fiscal year shall be employees
1345	of the entity holding the charter and must comply with the
1346	provisions of s. 1002.33(13)(12).
1347	Section 5.  Paragraph (c) of subsection (10) and subsection
1348	(13) of section 1002.34, Florida Statutes, are amended to read:
1349	1002.34  Charter technical career centers.-
1350	(10)  EXEMPTION FROM STATUTES.-
1351	(c)  A center must comply with the antidiscrimination
1352	provisions in s. 1000.05 and the provisions in s.
1353	1002.33(25)(24) which relate to the employment of relatives.
1354	(13)  BOARD OF DIRECTORS AUTHORITY.-The board of directors
1355	of a center may decide matters relating to the operation of the
1356	school, including budgeting, curriculum, and operating
1357	procedures, subject to the center's charter. The board of
1358	directors is responsible for performing the duties provided in
1359	s. 1002.345, including monitoring the corrective action plan.
1360	The board of directors must comply with s. 1002.33(26)(25).
1361	Section 6.  Paragraphs (a) and (d) of subsection (1),
1362	paragraph (b) of subsection (2), and subsection (6) of section
1363	1002.345, Florida Statutes, are amended to read:
1364	1002.345  Determination of deteriorating financial
1365	conditions and financial emergencies for charter schools and
1366	charter technical career centers.-This section applies to
1367	charter schools operating pursuant to s. 1002.33 and to charter
1368	technical career centers operating pursuant to s. 1002.34.
1369	(1)  EXPEDITED REVIEW; REQUIREMENTS.-
1370	(a)  A charter school or a charter technical career center
1371	is subject to an expedited review by the sponsor if one of the
1372	following occurs:
1373	1.  Failure to provide for an audit required by s. 218.39.
1374	2.  Failure to comply with reporting requirements pursuant
1375	to s. 1002.33(10)(9) or s. 1002.34(11)(f) or (14).
1376	3.  A deteriorating financial condition identified through
1377	an annual audit pursuant to s. 218.39(5) or a monthly financial
1378	statement pursuant to s. 1002.33(10)(9)(g) or s. 1002.34(11)(f).
1379	"Deteriorating financial condition" means a circumstance that
1380	significantly impairs the ability of a charter school or a
1381	charter technical career center to generate enough revenues to
1382	meet its expenditures without causing the occurrence of a
1383	condition described in s. 218.503(1).
1384	4.  Notification pursuant to s. 218.503(2) that one or more
1385	of the conditions specified in s. 218.503(1) have occurred or
1386	will occur if action is not taken to assist the charter school
1387	or charter technical career center.
1388	(d)  The governing board shall include the corrective
1389	action plan and the status of its implementation in the annual
1390	progress report to the sponsor which is required pursuant to s.
1391	1002.33(10)(9)(k) or s. 1002.34(14).
1392	(2)  FINANCIAL EMERGENCY; REQUIREMENTS.-
1393	(b)  The governing board shall include the financial
1394	recovery plan and the status of its implementation in the annual
1395	progress report to the sponsor which is required under s.
1396	1002.33(10)(9)(k) or s. 1002.34(14).
1397	(6)  FAILURE TO CORRECT DEFICIENCIES.-The sponsor may
1398	decide not to renew or may terminate a charter if the charter
1399	school or charter technical career center fails to correct the
1400	deficiencies noted in the corrective action plan within 1 year
1401	after being notified of the deficiencies or exhibits one or more
1402	financial emergency conditions specified in s. 218.503 for 2
1403	consecutive years. This subsection does not affect a sponsor's
1404	authority to terminate or not renew a charter pursuant to s.
1405	1002.33(9)(8).
1406	Section 7.  Section 1011.68, Florida Statutes, is amended
1407	to read:
1408	1011.68  Funds for student transportation.-The annual
1409	allocation to each district for transportation to public school
1410	programs, including charter schools as provided in s.
1411	1002.33(18)(17)(b), of students in membership in kindergarten
1412	through grade 12 and in migrant and exceptional student programs
1413	below kindergarten shall be determined as follows:
1414	(1)  Subject to the rules of the State Board of Education,
1415	each district shall determine the membership of students who are
1416	transported:
1417	(a)  By reason of living 2 miles or more from school.
1418	(b)  By reason of being students with disabilities or
1419	enrolled in a teenage parent program, regardless of distance to
1420	school.
1421	(c)  By reason of being in a state prekindergarten program,
1422	regardless of distance from school.
1423	(d)  By reason of being career, dual enrollment, or
1424	students with disabilities transported from one school center to
1425	another to participate in an instructional program or service;
1426	or students with disabilities, transported from one designation
1427	to another in the state, provided one designation is a school
1428	center and provided the student's individual educational plan
1429	(IEP) identifies the need for the instructional program or
1430	service and transportation to be provided by the school
1431	district. A "school center" is defined as a public school
1432	center, community college, state university, or other facility
1433	rented, leased, or owned and operated by the school district or
1434	another public agency. A "dual enrollment student" is defined as
1435	a public school student in membership in both a public secondary
1436	school program and a community college or a state university
1437	program under a written agreement to partially fulfill ss.
1438	1003.435 and 1007.23 and earning full-time equivalent membership
1439	under s. 1011.62(1)(i).
1440	(e)  With respect to elementary school students whose grade
1441	level does not exceed grade 6, by reason of being subjected to
1442	hazardous walking conditions en route to or from school as
1443	provided in s. 1006.23. Such rules shall, when appropriate,
1444	provide for the determination of membership under this paragraph
1445	for less than 1 year to accommodate the needs of students who
1446	require transportation only until such hazardous conditions are
1447	corrected.
1448	(f)  By reason of being a pregnant student or student
1449	parent, and the child of a student parent as provided in s.
1450	1003.54, regardless of distance from school.
1451	(2)  The allocation for each district shall be calculated
1452	annually in accordance with the following formula:
1453	T = B + EX. The elements of this formula are defined as follows:
1454	T is the total dollar allocation for transportation. B is the
1455	base transportation dollar allocation prorated by an adjusted
1456	student membership count. The adjusted membership count shall be
1457	derived from a multiplicative index function in which the base
1458	student membership is adjusted by multiplying it by index
1459	numbers that individually account for the impact of the price
1460	level index, average bus occupancy, and the extent of rural
1461	population in the district. EX is the base transportation dollar
1462	allocation for disabled students prorated by an adjusted
1463	disabled student membership count. The base transportation
1464	dollar allocation for disabled students is the total state base
1465	disabled student membership count weighted for increased costs
1466	associated with transporting disabled students and multiplying
1467	it by the prior year's average per student cost for
1468	transportation. The adjusted disabled student membership count
1469	shall be derived from a multiplicative index function in which
1470	the weighted base disabled student membership is adjusted by
1471	multiplying it by index numbers that individually account for
1472	the impact of the price level index, average bus occupancy, and
1473	the extent of rural population in the district. Each adjustment
1474	factor shall be designed to affect the base allocation by no
1475	more or less than 10 percent.
1476	(3)  The total allocation to each district for
1477	transportation of students shall be the sum of the amounts
1478	determined in subsection (2). If the funds appropriated for the
1479	purpose of implementing this section are not sufficient to pay
1480	the base transportation allocation and the base transportation
1481	allocation for disabled students, the Department of Education
1482	shall prorate the available funds on a percentage basis. If the
1483	funds appropriated for the purpose of implementing this section
1484	exceed the sum of the base transportation allocation and the
1485	base transportation allocation for disabled students, the base
1486	transportation allocation for disabled students shall be limited
1487	to the amount calculated in subsection (2), and the remaining
1488	balance shall be added to the base transportation allocation.
1489	(4)  No district shall use funds to purchase transportation
1490	equipment and supplies at prices which exceed those determined
1491	by the department to be the lowest which can be obtained, as
1492	prescribed in s. 1006.27(1).
1493	(5)  Funds allocated or apportioned for the payment of
1494	student transportation services may be used to pay for
1495	transportation of students to and from school on local general
1496	purpose transportation systems. Student transportation funds may
1497	also be used to pay for transportation of students to and from
1498	school in private passenger cars and boats when the
1499	transportation is for isolated students, or students with
1500	disabilities as defined by rule. Subject to the rules of the
1501	State Board of Education, each school district shall determine
1502	and report the number of assigned students using general purpose
1503	transportation private passenger cars and boats. The allocation
1504	per student must be equal to the allocation per student riding a
1505	school bus.
1506	(6)  Notwithstanding other provisions of this section, in
1507	no case shall any student or students be counted for
1508	transportation funding more than once per day. This provision
1509	includes counting students for funding pursuant to trips in
1510	school buses, passenger cars, or boats or general purpose
1511	transportation.
1512	Section 8.  Paragraph (b) of subsection (2) of section
1513	1012.32, Florida Statutes, is amended to read:
1514	1012.32  Qualifications of personnel.-
1515	(2)
1516	(b)  Instructional and noninstructional personnel who are
1517	hired or contracted to fill positions in any charter school and
1518	members of the governing board of any charter school, in
1519	compliance with s. 1002.33(13)(12)(g), must, upon employment,
1520	engagement of services, or appointment, undergo background
1521	screening as required under s. 1012.465 or s. 1012.56, whichever
1522	is applicable, by filing with the district school board for the
1523	school district in which the charter school is located a
1524	complete set of fingerprints taken by an authorized law
1525	enforcement agency or an employee of the school or school
1526	district who is trained to take fingerprints.
1527
1528	Fingerprints shall be submitted to the Department of Law
1529	Enforcement for statewide criminal and juvenile records checks
1530	and to the Federal Bureau of Investigation for federal criminal
1531	records checks. A person subject to this subsection who is found
1532	ineligible for employment under s. 1012.315, or otherwise found
1533	through background screening to have been convicted of any crime
1534	involving moral turpitude as defined by rule of the State Board
1535	of Education, shall not be employed, engaged to provide
1536	services, or serve in any position that requires direct contact
1537	with students. Probationary persons subject to this subsection
1538	terminated because of their criminal record have the right to
1539	appeal such decisions. The cost of the background screening may
1540	be borne by the district school board, the charter school, the
1541	employee, the contractor, or a person subject to this
1542	subsection.
1543	Section 9.  (1)  The Office of Program Policy Analysis and
1544	Government Accountability (OPPAGA) shall conduct a study
1545	comparing the funding of charter schools with traditional public
1546	schools and shall:
1547	(a)  Identify the school districts that distribute funds
1548	generated by the capital improvement millage authorized pursuant
1549	to s. 1011.71(2), Florida Statutes, to charter schools and the
1550	use of such funds by the charter schools.
1551	(b)  Determine the amount of funds that would be available
1552	to charter schools if school districts equitably distribute to
1553	district schools, including charter schools, funds generated by
1554	the capital improvement millage authorized pursuant to s.
1555	1011.71(2), Florida Statutes.
1556	(c)  Examine the costs associated with supervising charter
1557	schools and determine if the 5-percent administrative fee for
1558	administrative and educational services for charter schools
1559	covers the costs associated with the provision of the services.
1560	(2)  OPPAGA shall make recommendations, if warranted, for
1561	improving the accountability and equity of the funding system
1562	for charter schools based on the findings of the study. The
1563	results of the study shall be provided to the Governor, the
1564	President of the Senate, and the Speaker of the House of
1565	Representatives no later than January 1, 2011.
1566	Section 10.  This act shall take effect July 1, 2010.

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