CS/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; revising provisions
7	related to charter terms and charter renewals; providing
8	definitions; providing requirements for designation as a
9	high-performing charter school; authorizing a high-
10	performing charter school to increase enrollment and
11	receive capital outlay funds; authorizing a newly approved
12	charter school operated by a high-performing education
13	service provider to receive a 15-year initial charter and
14	become a high-performing charter school; providing
15	requirements for retention of designation as a high-
16	performing charter school; revising requirements for
17	providing financial statements to a sponsor; authorizing a
18	governing body to oversee multiple charter schools;
19	deleting obsolete provisions; authorizing preference for
20	enrollment in a charter school-in-the workplace and a
21	charter school-in-a-municipality for certain students;
22	prohibiting school districts from requiring resignations
23	from specified school district personnel who desire
24	employment in a charter school; authorizing a nonprofit
25	organization to operate multiple charter schools as a
26	network of affiliated schools; revising requirements for
27	the establishment of a charter school-in-the-workplace;
28	providing that a charter school-in-the-workplace is
29	eligible for capital outlay funding if it meets specified
30	requirements; providing that charter schools shall receive
31	certain federal funding for which they are eligible;
32	revising provisions relating to charter school compliance
33	with building codes and requirements; providing for an
34	exemption from exactions; deleting provisions authorizing
35	a charter school to appeal disputes over certain
36	contracted services or contractual matters to the Charter
37	School Appeal Commission; removing a reporting requirement
38	relating to student assessment data; revising restrictions
39	on the employment of relatives by charter school
40	personnel; providing an exception; correcting a cross-
41	reference relating to the disclosure of financial
42	interests; conforming cross-references; amending s.
43	1013.62, F.S.; authorizing additional uses for charter
44	school capital outlay funds; conforming cross-references;
45	amending ss. 163.3180, 1002.32, 1002.34, 1002.345,
46	1011.68, and 1012.32, F.S.; conforming cross-references
47	and provisions; requiring the Office of Program Policy
48	Analysis and Government Accountability to conduct a study
49	comparing the funding of charter schools with traditional
50	public schools and examining certain funding and costs;
51	requiring recommendations to the Governor and Legislature,
52	if warranted, for improving the accountability and equity
53	of the funding system for charter schools; providing an
54	effective date.
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1.  Paragraph (g) of subsection (6) and subsection
59	(7) of section 1002.33, Florida Statutes, are amended, a new
60	subsection (8) is added to that section, and present subsections
61	(8) through (26) are renumbered as subsections (9) through (27),
62	respectively, and amended, to read:
63	1002.33  Charter schools.-
64	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
65	applications are subject to the following requirements:
66	(g)1.  The Department of Education shall offer or arrange
67	for training and technical assistance to charter school
68	applicants in developing business plans and estimating costs and
69	income. This assistance shall address estimating startup costs,
70	projecting enrollment, and identifying the types and amounts of
71	state and federal financial assistance the charter school may be
72	eligible to receive. The department may provide other technical
73	assistance to an applicant upon written request.
74	2.  A charter school applicant must participate in the
75	training provided by the Department of Education before filing
76	an application. However, a sponsor may require the charter
77	school applicant to attend training provided by the sponsor in
78	lieu of the department's training if the sponsor's training
79	standards meet or exceed the standards developed by the
80	Department of Education. The training shall include instruction
81	in accurate financial planning and good business practices. If
82	the applicant is a management company or other nonprofit
83	organization, the charter school principal and the chief
84	financial officer or his or her equivalent must also participate
85	in the training.
86	(7)  CHARTER.-The major issues involving the operation of a
87	charter school shall be considered in advance and written into
88	the charter. The charter shall be signed by the governing body
89	of the charter school and the sponsor, following a public
90	hearing to ensure community input.
91	(a)  The charter shall address and criteria for approval of
92	the charter shall be based on:
93	1.  The school's mission, the students to be served, and
94	the ages and grades to be included.
95	2.  The focus of the curriculum, the instructional methods
96	to be used, any distinctive instructional techniques to be
97	employed, and identification and acquisition of appropriate
98	technologies needed to improve educational and administrative
99	performance which include a means for promoting safe, ethical,
100	and appropriate uses of technology which comply with legal and
101	professional standards. The charter shall ensure that reading is
102	a primary focus of the curriculum and that resources are
103	provided to identify and provide specialized instruction for
104	students who are reading below grade level. The curriculum and
105	instructional strategies for reading must be consistent with the
106	Sunshine State Standards and grounded in scientifically based
107	reading research.
108	3.  The current incoming baseline standard of student
109	academic achievement, the outcomes to be achieved, and the
110	method of measurement that will be used. The criteria listed in
111	this subparagraph shall include a detailed description of:
112	a.  How the baseline student academic achievement levels
113	and prior rates of academic progress will be established.
114	b.  How these baseline rates will be compared to rates of
115	academic progress achieved by these same students while
116	attending the charter school.
117	c.  To the extent possible, how these rates of progress
118	will be evaluated and compared with rates of progress of other
119	closely comparable student populations.
120
121	The district school board is required to provide academic
122	student performance data to charter schools for each of their
123	students coming from the district school system, as well as
124	rates of academic progress of comparable student populations in
125	the district school system.
126	4.  The methods used to identify the educational strengths
127	and needs of students and how well educational goals and
128	performance standards are met by students attending the charter
129	school. The methods shall provide a means for the charter school
130	to ensure accountability to its constituents by analyzing
131	student performance data and by evaluating the effectiveness and
132	efficiency of its major educational programs. Students in
133	charter schools shall, at a minimum, participate in the
134	statewide assessment program created under s. 1008.22.
135	5.  In secondary charter schools, a method for determining
136	that a student has satisfied the requirements for graduation in
137	s. 1003.428, s. 1003.429, or s. 1003.43.
138	6.  A method for resolving conflicts between the governing
139	body of the charter school and the sponsor.
140	7.  The admissions procedures and dismissal procedures,
141	including the school's code of student conduct.
142	8.  The ways by which the school will achieve a
143	racial/ethnic balance reflective of the community it serves or
144	within the racial/ethnic range of other public schools in the
145	same school district.
146	9.  The financial and administrative management of the
147	school, including a reasonable demonstration of the professional
148	experience or competence of those individuals or organizations
149	applying to operate the charter school or those hired or
150	retained to perform such professional services and the
151	description of clearly delineated responsibilities and the
152	policies and practices needed to effectively manage the charter
153	school. A description of internal audit procedures and
154	establishment of controls to ensure that financial resources are
155	properly managed must be included. Both public sector and
156	private sector professional experience shall be equally valid in
157	such a consideration.
158	10.  The asset and liability projections required in the
159	application which are incorporated into the charter and shall be
160	compared with information provided in the annual report of the
161	charter school.
162	11.  A description of procedures that identify various
163	risks and provide for a comprehensive approach to reduce the
164	impact of losses; plans to ensure the safety and security of
165	students and staff; plans to identify, minimize, and protect
166	others from violent or disruptive student behavior; and the
167	manner in which the school will be insured, including whether or
168	not the school will be required to have liability insurance,
169	and, if so, the terms and conditions thereof and the amounts of
170	coverage.
171	12.  The term of the charter which shall provide for
172	cancellation of the charter if insufficient progress has been
173	made in attaining the student achievement objectives of the
174	charter and if it is not likely that such objectives can be
175	achieved before expiration of the charter. The initial term of a
176	charter shall be for 4 or 5 years. In order to facilitate access
177	to long-term financial resources for charter school
178	construction, Charter schools that are operated by a private,
179	not-for-profit, s. 501(c)(3) status corporation or a
180	municipality or other public entity as provided by law are
181	eligible for up to a 15-year charter, subject to approval by the
182	district school board. A charter lab school is eligible for a
183	charter for a term of up to 15 years. In addition, to facilitate
184	access to long-term financial resources for charter school
185	construction, charter schools that are operated by a private,
186	not-for-profit, s. 501(c)(3) status corporation are eligible for
187	up to a 15-year charter, subject to approval by the district
188	school board. Such long-term charters remain subject to annual
189	review and may be terminated during the term of the charter, but
190	only according to the provisions set forth in subsection (9)
191	(8).
192	13.  The facilities to be used and their location.
193	14.  The qualifications to be required of the teachers and
194	the potential strategies used to recruit, hire, train, and
195	retain qualified staff to achieve best value.
196	15.  The governance structure of the school, including the
197	status of the charter school as a public or private employer as
198	required in paragraph (13)(12)(i).
199	16.  A timetable for implementing the charter which
200	addresses the implementation of each element thereof and the
201	date by which the charter shall be awarded in order to meet this
202	timetable.
203	17.  In the case of an existing public school that is being
204	converted to charter status, alternative arrangements for
205	current students who choose not to attend the charter school and
206	for current teachers who choose not to teach in the charter
207	school after conversion in accordance with the existing
208	collective bargaining agreement or district school board rule in
209	the absence of a collective bargaining agreement. However,
210	alternative arrangements shall not be required for current
211	teachers who choose not to teach in a charter lab school, except
212	as authorized by the employment policies of the state university
213	which grants the charter to the lab school.
214	18.  Full disclosure of the identity of all relatives
215	employed by the charter school who are related to the charter
216	school owner, president, chairperson of the governing board of
217	directors, superintendent, governing board member, principal,
218	assistant principal, or any other person employed by the charter
219	school who has equivalent decisionmaking authority. For the
220	purpose of this subparagraph, the term "relative" means father,
221	mother, son, daughter, brother, sister, uncle, aunt, first
222	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
223	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
224	stepfather, stepmother, stepson, stepdaughter, stepbrother,
225	stepsister, half brother, or half sister.
226	(b)1.  A charter may be renewed provided that a program
227	review demonstrates that the criteria in paragraph (a) have been
228	successfully accomplished and that none of the grounds for
229	nonrenewal established by paragraph (9)(8)(a) has been
230	documented. In order to facilitate long-term financing for
231	charter school construction, Charter schools operating for a
232	minimum of 3 years and demonstrating exemplary academic
233	programming and fiscal management are eligible for a 15-year
234	charter renewal. Such long-term charter is subject to annual
235	review and may be terminated during the term of the charter
236	pursuant to subsection (9).
237	2.  The 15-year charter renewal that may be granted
238	pursuant to subparagraph 1. shall be granted to a charter school
239	that has received a school grade of "A" or "B" pursuant to s.
240	1008.34 in 3 of the past 4 years and is not in a state of
241	financial emergency or deficit position pursuant to s. 1002.345
242	as defined by this section. Such long-term charter is subject to
243	annual review and may be terminated during the term of the
244	charter pursuant to subsection (9) (8).
245	(c)  A charter may be modified during its initial term or
246	any renewal term upon the recommendation of the sponsor or the
247	charter school governing board and the approval of both parties
248	to the agreement.
249	(8)  HIGH-PERFORMING CHARTER SCHOOLS.-
250	(a)  For purposes of this subsection, the term:
251	1.  "Entity" means a municipality or other public entity as
252	authorized by law to operate a charter school; a private, not-
253	for-profit, s. 501(c)(3) status corporation; or a private, for-
254	profit corporation.
255	2.  "High-performing education service provider" means an
256	entity that:
257	a.  Operates at least two high-performing charter schools
258	in this state;
259	b.  Has received a school grade of "A" or "B" during the
260	previous 3 years for at least 75 percent of the charter schools
261	operated by the entity in this state; and
262	c.  Has not received a school grade of "F" during any of
263	the previous 3 years for any charter school operated by the
264	entity in this state.
265	(b)  A charter school shall be designated as a high-
266	performing charter school if during each of the previous 3 years
267	the charter school:
268	1.  Received a school grade of "A" or "B";
269	2.  Received an unqualified opinion on each financial audit
270	required under s. 218.39; and
271	3.  Did not receive a financial audit that revealed one or
272	more of the conditions set forth in s. 218.503(1).
273	(c)  A high-performing charter school may:
274	1.  Increase the school's student enrollment once per year
275	by up to 25 percent more than the capacity authorized pursuant
276	to paragraph (11)(h).
277	2.  Receive charter school capital outlay funds under s.
278	1013.62. A high-performing charter school is not required to
279	comply with s. 1013.62(1)(a)1.-3. but must comply with all other
280	requirements of s. 1013.62 in order to receive charter school
281	capital outlay funds as provided in this subparagraph.
282	(d)  A high-performing education service provider may
283	submit an application pursuant to subsection (6) to establish
284	and operate a new charter school that will replicate one or more
285	of the provider's existing high-performing charter schools. Upon
286	approval of the application by the sponsor, the new charter
287	school shall be granted an initial charter for a term of 15
288	years and be designated as a high-performing charter school. The
289	15-year charter is subject to annual review and may be
290	terminated during its term pursuant to subsection (9).
291	(e)1.  A charter school that is designated as a high-
292	performing charter school may retain such designation pursuant
293	to:
294	a.  Paragraph (b) if the school's governing board, by July
295	1 of each year, demonstrates in writing to the school's sponsor
296	that the charter school continues to meet the requirements of
297	paragraph (b).
298	b.  Paragraph (d) during the school's initial 3 years of
299	operation if the entity operating the school continues to meet
300	the definition of a high-performing education service provider
301	under subparagraph (a)2. After the high-performing charter
302	school has operated for 3 years, the school must comply with
303	sub-subparagraph a. in order to retain its designation as a
304	high-performing charter school.
305	2.  The high-performing charter school designation shall be
306	removed if the charter school does not meet the requirements of
307	subparagraph 1.
308	(9)(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-
309	(a)  The sponsor may choose not to renew or may terminate
310	the charter for any of the following grounds:
311	1.  Failure to participate in the state's education
312	accountability system created in s. 1008.31, as required in this
313	section, or failure to meet the requirements for student
314	performance stated in the charter.
315	2.  Failure to meet generally accepted standards of fiscal
316	management.
317	3.  Violation of law.
318	4.  Other good cause shown.
319	(b)  At least 90 days prior to renewing or terminating a
320	charter, the sponsor shall notify the governing body of the
321	school of the proposed action in writing. The notice shall state
322	in reasonable detail the grounds for the proposed action and
323	stipulate that the school's governing body may, within 14
324	calendar days after receiving the notice, request an informal
325	hearing before the sponsor. The sponsor shall conduct the
326	informal hearing within 30 calendar days after receiving a
327	written request.
328	(c)  If a charter is not renewed or is terminated pursuant
329	to paragraph (b), the sponsor shall, within 10 calendar days,
330	articulate in writing the specific reasons for its nonrenewal or
331	termination of the charter and must provide the letter of
332	nonrenewal or termination and documentation supporting the
333	reasons to the charter school governing body, the charter school
334	principal, and the Department of Education. The charter school's
335	governing body may, within 30 calendar days after receiving the
336	sponsor's final written decision to refuse to renew or to
337	terminate the charter, appeal the decision pursuant to the
338	procedure established in subsection (6).
339	(d)  A charter may be terminated immediately if the sponsor
340	determines that good cause has been shown or if the health,
341	safety, or welfare of the students is threatened. The sponsor's
342	determination is not subject to an informal hearing under
343	paragraph (b) or pursuant to chapter 120. The sponsor shall
344	notify in writing the charter school's governing body, the
345	charter school principal, and the department if a charter is
346	immediately terminated. The sponsor shall clearly identify the
347	specific issues that resulted in the immediate termination and
348	provide evidence of prior notification of issues resulting in
349	the immediate termination when appropriate. The school district
350	in which the charter school is located shall assume operation of
351	the school under these circumstances. The charter school's
352	governing board may, within 30 days after receiving the
353	sponsor's decision to terminate the charter, appeal the decision
354	pursuant to the procedure established in subsection (6).
355	(e)  When a charter is not renewed or is terminated, the
356	school shall be dissolved under the provisions of law under
357	which the school was organized, and any unencumbered public
358	funds, except for capital outlay funds and federal charter
359	school program grant funds, from the charter school shall revert
360	to the sponsor. Capital outlay funds provided pursuant to s.
361	1013.62 and federal charter school program grant funds that are
362	unencumbered shall revert to the department to be redistributed
363	among eligible charter schools. In the event a charter school is
364	dissolved or is otherwise terminated, all district school board
365	property and improvements, furnishings, and equipment purchased
366	with public funds shall automatically revert to full ownership
367	by the district school board, subject to complete satisfaction
368	of any lawful liens or encumbrances. Any unencumbered public
369	funds from the charter school, district school board property
370	and improvements, furnishings, and equipment purchased with
371	public funds, or financial or other records pertaining to the
372	charter school, in the possession of any person, entity, or
373	holding company, other than the charter school, shall be held in
374	trust upon the district school board's request, until any appeal
375	status is resolved.
376	(f)  If a charter is not renewed or is terminated, the
377	charter school is responsible for all debts of the charter
378	school. The district may not assume the debt from any contract
379	made between the governing body of the school and a third party,
380	except for a debt that is previously detailed and agreed upon in
381	writing by both the district and the governing body of the
382	school and that may not reasonably be assumed to have been
383	satisfied by the district.
384	(g)  If a charter is not renewed or is terminated, a
385	student who attended the school may apply to, and shall be
386	enrolled in, another public school. Normal application deadlines
387	shall be disregarded under such circumstances.
388	(10)(9)  CHARTER SCHOOL REQUIREMENTS.-
389	(a)  A charter school shall be nonsectarian in its
390	programs, admission policies, employment practices, and
391	operations.
392	(b)  A charter school shall admit students as provided in
393	subsection (11) (10).
394	(c)  A charter school shall be accountable to its sponsor
395	for performance as provided in subsection (7).
396	(d)  A charter school shall not charge tuition or
397	registration fees, except those fees normally charged by other
398	public schools. However, a charter lab school may charge a
399	student activity and service fee as authorized by s. 1002.32(5).
400	(e)  A charter school shall meet all applicable state and
401	local health, safety, and civil rights requirements.
402	(f)  A charter school shall not violate the
403	antidiscrimination provisions of s. 1000.05.
404	(g)  In order to provide financial information that is
405	comparable to that reported for other public schools, charter
406	schools are to maintain all financial records that constitute
407	their accounting system:
408	1.  In accordance with the accounts and codes prescribed in
409	the most recent issuance of the publication titled "Financial
410	and Program Cost Accounting and Reporting for Florida Schools";
411	or
412	2.  At the discretion of the charter school governing
413	board, a charter school may elect to follow generally accepted
414	accounting standards for not-for-profit organizations, but must
415	reformat this information for reporting according to this
416	paragraph.
417
418	Charter schools shall provide annual financial report and
419	program cost report information in the state-required formats
420	for inclusion in district reporting in compliance with s.
421	1011.60(1). Charter schools that are operated by a municipality
422	or are a component unit of a parent nonprofit organization may
423	use the accounting system of the municipality or the parent but
424	must reformat this information for reporting according to this
425	paragraph. A charter school shall provide a quarterly monthly
426	financial statement to the sponsor unless a deteriorating
427	financial condition has been identified or the charter school is
428	determined to be in a state of financial emergency pursuant to
429	s. 1002.345, in which case the charter school shall provide a
430	monthly financial statement. The monthly financial statement
431	required under this paragraph shall be in a form prescribed by
432	the Department of Education.
433	(h)  The governing board of the charter school shall
434	annually adopt and maintain an operating budget.
435	(i)  The governing body of the charter school shall
436	exercise continuing oversight over charter school operations. A
437	governing body may oversee more than one charter school in more
438	than one school district.
439	(j)  The governing body of the charter school shall be
440	responsible for:
441	1.  Ensuring that the charter school has retained the
442	services of a certified public accountant or auditor for the
443	annual financial audit, pursuant to s. 1002.345(2), who shall
444	submit the report to the governing body.
445	2.  Reviewing and approving the audit report, including
446	audit findings and recommendations for the financial recovery
447	plan.
448	3.a.  Performing the duties in s. 1002.345, including
449	monitoring a corrective action plan.
450	b.  Monitoring a financial recovery plan in order to ensure
451	compliance.
452	4.  Participating in governance training approved by the
453	department which must include government in the sunshine,
454	conflicts of interest, ethics, and financial responsibility.
455	(k)  The governing body of the charter school shall report
456	its progress annually to its sponsor, which shall forward the
457	report to the Commissioner of Education at the same time as
458	other annual school accountability reports. The Department of
459	Education shall develop a uniform, online annual accountability
460	report to be completed by charter schools. This report shall be
461	easy to utilize and contain demographic information, student
462	performance data, and financial accountability information. A
463	charter school shall not be required to provide information and
464	data that is duplicative and already in the possession of the
465	department. The Department of Education shall include in its
466	compilation a notation if a school failed to file its report by
467	the deadline established by the department. The report shall
468	include at least the following components:
469	1.  Student achievement performance data, including the
470	information required for the annual school report and the
471	education accountability system governed by ss. 1008.31 and
472	1008.345. Charter schools are subject to the same accountability
473	requirements as other public schools, including reports of
474	student achievement information that links baseline student data
475	to the school's performance projections identified in the
476	charter. The charter school shall identify reasons for any
477	difference between projected and actual student performance.
478	2.  Financial status of the charter school which must
479	include revenues and expenditures at a level of detail that
480	allows for analysis of the charter school's ability to meet
481	financial obligations and timely repayment of debt.
482	3.  Documentation of the facilities in current use and any
483	planned facilities for use by the charter school for instruction
484	of students, administrative functions, or investment purposes.
485	4.  Descriptive information about the charter school's
486	personnel, including salary and benefit levels of charter school
487	employees, the proportion of instructional personnel who hold
488	professional or temporary certificates, and the proportion of
489	instructional personnel teaching in-field or out-of-field.
490	(l)  A charter school shall not levy taxes or issue bonds
491	secured by tax revenues.
492	(m)  A charter school shall provide instruction for at
493	least the number of days required by law for other public
494	schools and may provide instruction for additional days.
495	(n)  The director and a representative of the governing
496	body of a charter school that has received a school grade of "D"
497	under s. 1008.34(2) shall appear before the sponsor or the
498	sponsor's staff at least once a year to present information
499	concerning each contract component having noted deficiencies.
500	The sponsor shall communicate at the meeting, and in writing to
501	the director, the services provided to the school to help the
502	school address its deficiencies.
503	(o)  Upon notification that a charter school receives a
504	school grade of "D" for 2 consecutive years or a school grade of
505	"F" under s. 1008.34(2), the charter school sponsor or the
506	sponsor's staff shall require the director and a representative
507	of the governing body to submit to the sponsor for approval a
508	school improvement plan to raise student achievement and to
509	implement the plan. The sponsor has the authority to approve a
510	school improvement plan that the charter school will implement
511	in the following school year. The sponsor may also consider the
512	State Board of Education's recommended action pursuant to s.
513	1008.33(1) as part of the school improvement plan. The
514	Department of Education shall offer technical assistance and
515	training to the charter school and its governing body and
516	establish guidelines for developing, submitting, and approving
517	such plans.
518	1.  If the charter school fails to improve its student
519	performance from the year immediately prior to the
520	implementation of the school improvement plan, the sponsor shall
521	place the charter school on probation and shall require the
522	charter school governing body to take one of the following
523	corrective actions:
524	a.  Contract for the educational services of the charter
525	school;
526	b.  Reorganize the school at the end of the school year
527	under a new director or principal who is authorized to hire new
528	staff and implement a plan that addresses the causes of
529	inadequate progress; or
530	c.  Reconstitute the charter school.
531	2.  A charter school that is placed on probation shall
532	continue the corrective actions required under subparagraph 1.
533	until the charter school improves its student performance from
534	the year prior to the implementation of the school improvement
535	plan.
536	3.  Notwithstanding any provision of this paragraph, the
537	sponsor may terminate the charter at any time pursuant to
538	subsection (9) (8).
539	(p)  The director and a representative of the governing
540	body of a graded charter school that has submitted a school
541	improvement plan or has been placed on probation under paragraph
542	(o) shall appear before the sponsor or the sponsor's staff at
543	least once a year to present information regarding the
544	corrective strategies that are being implemented by the school
545	pursuant to the school improvement plan. The sponsor shall
546	communicate at the meeting, and in writing to the director, the
547	services provided to the school to help the school address its
548	deficiencies.
549	(11)(10)  ELIGIBLE STUDENTS.-
550	(a)  A charter school shall be open to any student covered
551	in an interdistrict agreement or residing in the school district
552	in which the charter school is located; however, in the case of
553	a charter lab school, the charter lab school shall be open to
554	any student eligible to attend the lab school as provided in s.
555	1002.32 or who resides in the school district in which the
556	charter lab school is located. Any eligible student shall be
557	allowed interdistrict transfer to attend a charter school when
558	based on good cause. Good cause shall include, but is not
559	limited to, geographic proximity to a charter school in a
560	neighboring school district.
561	(b)  The charter school shall enroll an eligible student
562	who submits a timely application, unless the number of
563	applications exceeds the capacity of a program, class, grade
564	level, or building. In such case, all applicants shall have an
565	equal chance of being admitted through a random selection
566	process.
567	(c)  When a public school converts to charter status,
568	enrollment preference shall be given to students who would have
569	otherwise attended that public school. The district school board
570	shall consult and negotiate with the conversion charter school
571	every 3 years to determine whether realignment of the conversion
572	charter school's attendance zone is appropriate in order to
573	ensure that students residing closest to the charter school are
574	provided with an enrollment preference.
575	(d)  A charter school may give enrollment preference to the
576	following student populations:
577	1.  Students who are siblings of a student enrolled in the
578	charter school.
579	2.  Students who are the children of a member of the
580	governing board of the charter school.
581	3.  Students who are the children of an employee of the
582	charter school.
583	4.  Students who are the children of an employee of a
584	business or corporation that is in partnership with a charter
585	school-in-the-workplace or students who are the children of a
586	resident of a municipality that operates a charter school-in-a-
587	municipality pursuant to subsection (16).
588	(e)  A charter school may limit the enrollment process only
589	to target the following student populations:
590	1.  Students within specific age groups or grade levels.
591	2.  Students considered at risk of dropping out of school
592	or academic failure. Such students shall include exceptional
593	education students.
594	3.  Students enrolling in a charter school-in-the-workplace
595	or charter school-in-a-municipality established pursuant to
596	subsection (16) (15).
597	4.  Students residing within a reasonable distance of the
598	charter school, as described in paragraph (21)(20)(c). Such
599	students shall be subject to a random lottery and to the
600	racial/ethnic balance provisions described in subparagraph
601	(7)(a)8. or any federal provisions that require a school to
602	achieve a racial/ethnic balance reflective of the community it
603	serves or within the racial/ethnic range of other public schools
604	in the same school district.
605	5.  Students who meet reasonable academic, artistic, or
606	other eligibility standards established by the charter school
607	and included in the charter school application and charter or,
608	in the case of existing charter schools, standards that are
609	consistent with the school's mission and purpose. Such standards
610	shall be in accordance with current state law and practice in
611	public schools and may not discriminate against otherwise
612	qualified individuals.
613	6.  Students articulating from one charter school to
614	another pursuant to an articulation agreement between the
615	charter schools that has been approved by the sponsor.
616	(f)  Students with disabilities and students served in
617	English for Speakers of Other Languages programs shall have an
618	equal opportunity of being selected for enrollment in a charter
619	school.
620	(g)  A student may withdraw from a charter school at any
621	time and enroll in another public school as determined by
622	district school board rule.
623	(h)  The capacity of the charter school shall be determined
624	annually by the governing board, in conjunction with the
625	sponsor, of the charter school in consideration of the factors
626	identified in this subsection.
627	(12)(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
628	ACTIVITIES.-A charter school student is eligible to participate
629	in an interscholastic extracurricular activity at the public
630	school to which the student would be otherwise assigned to
631	attend pursuant to s. 1006.15(3)(d).
632	(13)(12)  EMPLOYEES OF CHARTER SCHOOLS.-
633	(a)  A charter school shall select its own employees. A
634	charter school may contract with its sponsor for the services of
635	personnel employed by the sponsor.
636	(b)  Charter school employees shall have the option to
637	bargain collectively. Employees may collectively bargain as a
638	separate unit or as part of the existing district collective
639	bargaining unit as determined by the structure of the charter
640	school.
641	(c)  The employees of a conversion charter school shall
642	remain public employees for all purposes, unless such employees
643	choose not to do so.
644	(d)  The teachers at a charter school may choose to be part
645	of a professional group that subcontracts with the charter
646	school to operate the instructional program under the auspices
647	of a partnership or cooperative that they collectively own.
648	Under this arrangement, the teachers would not be public
649	employees.
650	(e)  Employees of a school district may take leave to
651	accept employment in a charter school upon the approval of the
652	district school board. While employed by the charter school and
653	on leave that is approved by the district school board, the
654	employee may retain seniority accrued in that school district
655	and may continue to be covered by the benefit programs of that
656	school district, if the charter school and the district school
657	board agree to this arrangement and its financing. School
658	districts shall not require resignations from instructional
659	personnel, school administrators, or educational support
660	employees who desire employment of teachers desiring to teach in
661	a charter school. This paragraph shall not prohibit a district
662	school board from approving alternative leave arrangements
663	consistent with chapter 1012.
664	(f)  Teachers employed by or under contract to a charter
665	school shall be certified as required by chapter 1012. A charter
666	school governing board may employ or contract with skilled
667	selected noncertified personnel to provide instructional
668	services or to assist instructional staff members as education
669	paraprofessionals in the same manner as defined in chapter 1012,
670	and as provided by State Board of Education rule for charter
671	school governing boards. A charter school may not knowingly
672	employ an individual to provide instructional services or to
673	serve as an education paraprofessional if the individual's
674	certification or licensure as an educator is suspended or
675	revoked by this or any other state. A charter school may not
676	knowingly employ an individual who has resigned from a school
677	district in lieu of disciplinary action with respect to child
678	welfare or safety, or who has been dismissed for just cause by
679	any school district with respect to child welfare or safety. The
680	qualifications of teachers shall be disclosed to parents.
681	(g)1.  A charter school shall employ or contract with
682	employees who have undergone background screening as provided in
683	s. 1012.32. Members of the governing board of the charter school
684	shall also undergo background screening in a manner similar to
685	that provided in s. 1012.32.
686	2.  A charter school shall disqualify instructional
687	personnel and school administrators, as defined in s. 1012.01,
688	from employment in any position that requires direct contact
689	with students if the personnel or administrators are ineligible
690	for such employment under s. 1012.315.
691	3.  The governing board of a charter school shall adopt
692	policies establishing standards of ethical conduct for
693	instructional personnel and school administrators. The policies
694	must require all instructional personnel and school
695	administrators, as defined in s. 1012.01, to complete training
696	on the standards; establish the duty of instructional personnel
697	and school administrators to report, and procedures for
698	reporting, alleged misconduct by other instructional personnel
699	and school administrators which affects the health, safety, or
700	welfare of a student; and include an explanation of the
701	liability protections provided under ss. 39.203 and 768.095. A
702	charter school, or any of its employees, may not enter into a
703	confidentiality agreement regarding terminated or dismissed
704	instructional personnel or school administrators, or personnel
705	or administrators who resign in lieu of termination, based in
706	whole or in part on misconduct that affects the health, safety,
707	or welfare of a student, and may not provide instructional
708	personnel or school administrators with employment references or
709	discuss the personnel's or administrators' performance with
710	prospective employers in another educational setting, without
711	disclosing the personnel's or administrators' misconduct. Any
712	part of an agreement or contract that has the purpose or effect
713	of concealing misconduct by instructional personnel or school
714	administrators which affects the health, safety, or welfare of a
715	student is void, is contrary to public policy, and may not be
716	enforced.
717	4.  Before employing instructional personnel or school
718	administrators in any position that requires direct contact with
719	students, a charter school shall conduct employment history
720	checks of each of the personnel's or administrators' previous
721	employers, screen the instructional personnel or school
722	administrators through use of the educator screening tools
723	described in s. 1001.10(5), and document the findings. If unable
724	to contact a previous employer, the charter school must document
725	efforts to contact the employer.
726	5.  The sponsor of a charter school that knowingly fails to
727	comply with this paragraph shall terminate the charter under
728	subsection (9) (8).
729	(h)  For the purposes of tort liability, the governing body
730	and employees of a charter school shall be governed by s.
731	768.28.
732	(i)  A charter school shall organize as, or be operated by,
733	a nonprofit organization. A charter school may be operated by a
734	municipality or other public entity as provided for by law. As
735	such, the charter school may be either a private or a public
736	employer. As a public employer, a charter school may participate
737	in the Florida Retirement System upon application and approval
738	as a "covered group" under s. 121.021(34). If a charter school
739	participates in the Florida Retirement System, the charter
740	school employees shall be compulsory members of the Florida
741	Retirement System. As either a private or a public employer, a
742	charter school may contract for services with an individual or
743	group of individuals who are organized as a partnership or a
744	cooperative. Individuals or groups of individuals who contract
745	their services to the charter school are not public employees.
746	(14)(13)  CHARTER SCHOOL COOPERATIVES AND NETWORKS.-
747	(a)  Charter schools may enter into cooperative agreements
748	to form charter school cooperative organizations that may
749	provide the following services: charter school planning and
750	development, direct instructional services, and contracts with
751	charter school governing boards to provide personnel
752	administrative services, payroll services, human resource
753	management, evaluation and assessment services, teacher
754	preparation, and professional development.
755	(b)  A nonprofit organization may operate multiple charter
756	schools approved by a sponsor under this section across the
757	state as a network of affiliated schools that may share a common
758	mission and identity and common curricula and best practices. A
759	charter school network may be operated by a central governing
760	board that governs all of the charter schools in the network or
761	by a central governing board that shares governance duties with
762	local governing boards designated by the central governing board
763	for one or more of the charter schools in the network.
764	(15)(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
765	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
766	TAXING POWER NOT TO BE PLEDGED.-Any arrangement entered into to
767	borrow or otherwise secure funds for a charter school authorized
768	in this section from a source other than the state or a school
769	district shall indemnify the state and the school district from
770	any and all liability, including, but not limited to, financial
771	responsibility for the payment of the principal or interest. Any
772	loans, bonds, or other financial agreements are not obligations
773	of the state or the school district but are obligations of the
774	charter school authority and are payable solely from the sources
775	of funds pledged by such agreement. The credit or taxing power
776	of the state or the school district shall not be pledged and no
777	debts shall be payable out of any moneys except those of the
778	legal entity in possession of a valid charter approved by a
779	district school board pursuant to this section.
780	(16)(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
781	SCHOOLS-IN-A-MUNICIPALITY.-
782	(a)  In order to increase business partnerships in
783	education, to reduce school and classroom overcrowding
784	throughout the state, and to offset the high costs for
785	educational facilities construction, the Legislature intends to
786	encourage the formation of business partnership schools or
787	satellite learning centers and municipal-operated schools
788	through charter school status.
789	(b)  A charter school-in-the-workplace may be established
790	when a business partner:
791	1.  Provides one of the following:
792	a.  Access to a the school facility to be used;
793	b.  Resources that materially reduce the cost of
794	constructing a school facility;
795	c.  Land for a school facility; or
796	d.  Resources to maintain a school facility;
797	2.  Enrolls students based upon a random lottery that
798	involves all of the children of employees of that business or
799	corporation who are seeking enrollment, as provided for in
800	subsection (11) (10); and
801	3.  Enrolls students according to the racial/ethnic balance
802	provisions described in subparagraph (7)(a)8.
803
804	A charter school-in-the-workplace is eligible for charter school
805	capital outlay funding if it meets the requirements in s.
806	1013.62. Any portion of a facility used for a public charter
807	school shall be exempt from ad valorem taxes, as provided for in
808	s. 1013.54, for the duration of its use as a public school.
809	(c)  A charter school-in-a-municipality designation may be
810	granted to a municipality that possesses a charter; enrolls
811	students based upon a random lottery that involves all of the
812	children of the residents of that municipality who are seeking
813	enrollment, as provided for in subsection (11) (10); and enrolls
814	students according to the racial/ethnic balance provisions
815	described in subparagraph (7)(a)8. When a municipality has
816	submitted charter applications for the establishment of a
817	charter school feeder pattern, consisting of elementary, middle,
818	and senior high schools, and each individual charter application
819	is approved by the district school board, such schools shall
820	then be designated as one charter school for all purposes listed
821	pursuant to this section. Any portion of the land and facility
822	used for a public charter school shall be exempt from ad valorem
823	taxes, as provided for in s. 1013.54, for the duration of its
824	use as a public school.
825	(d)  As used in this subsection, the terms "business
826	partner" or "municipality" may include more than one business or
827	municipality to form a charter school-in-the-workplace or
828	charter school-in-a-municipality.
829	(17)(16)  EXEMPTION FROM STATUTES.-
830	(a)  A charter school shall operate in accordance with its
831	charter and shall be exempt from all statutes in chapters 1000-
832	1013. However, a charter school shall be in compliance with the
833	following statutes in chapters 1000-1013:
834	1.  Those statutes specifically applying to charter
835	schools, including this section.
836	2.  Those statutes pertaining to the student assessment
837	program and school grading system.
838	3.  Those statutes pertaining to the provision of services
839	to students with disabilities.
840	4.  Those statutes pertaining to civil rights, including s.
841	1000.05, relating to discrimination.
842	5.  Those statutes pertaining to student health, safety,
843	and welfare.
844	(b)  Additionally, a charter school shall be in compliance
845	with the following statutes:
846	1.  Section 286.011, relating to public meetings and
847	records, public inspection, and criminal and civil penalties.
848	2.  Chapter 119, relating to public records.
849	(18)(17)  FUNDING.-Students enrolled in a charter school,
850	regardless of the sponsorship, shall be funded as if they are in
851	a basic program or a special program, the same as students
852	enrolled in other public schools in the school district. Funding
853	for a charter lab school shall be as provided in s. 1002.32.
854	(a)  Each charter school shall report its student
855	enrollment to the sponsor as required in s. 1011.62, and in
856	accordance with the definitions in s. 1011.61. The sponsor shall
857	include each charter school's enrollment in the district's
858	report of student enrollment. All charter schools submitting
859	student record information required by the Department of
860	Education shall comply with the Department of Education's
861	guidelines for electronic data formats for such data, and all
862	districts shall accept electronic data that complies with the
863	Department of Education's electronic format.
864	(b)  The basis for the agreement for funding students
865	enrolled in a charter school shall be the sum of the school
866	district's operating funds from the Florida Education Finance
867	Program as provided in s. 1011.62 and the General Appropriations
868	Act, including gross state and local funds, discretionary
869	lottery funds, and funds from the school district's current
870	operating discretionary millage levy; divided by total funded
871	weighted full-time equivalent students in the school district;
872	multiplied by the weighted full-time equivalent students for the
873	charter school. Charter schools whose students or programs meet
874	the eligibility criteria in law shall be entitled to their
875	proportionate share of categorical program funds included in the
876	total funds available in the Florida Education Finance Program
877	by the Legislature, including transportation. Total funding for
878	each charter school shall be recalculated during the year to
879	reflect the revised calculations under the Florida Education
880	Finance Program by the state and the actual weighted full-time
881	equivalent students reported by the charter school during the
882	full-time equivalent student survey periods designated by the
883	Commissioner of Education.
884	(c)  If the district school board is providing programs or
885	services to students funded by federal funds, any eligible
886	students enrolled in charter schools in the school district
887	shall be provided federal funds for the same level of service
888	provided students in the schools operated by the district school
889	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
890	charter schools shall receive all federal funding for which the
891	school is otherwise eligible, including Title I and IDEA
892	funding, not later than 5 months after the charter school first
893	opens and within 5 months after any subsequent expansion of
894	enrollment.
895	(d)  Charter schools shall be included by the Department of
896	Education and the district school board in requests for federal
897	stimulus funds in the same manner as district school board-
898	operated public schools, including Title I and IDEA funds and
899	shall be entitled to receive such funds. Charter schools are
900	eligible to participate in federal competitive grants that are
901	available as part of the federal stimulus funds.
902	(e)  District school boards shall make timely and efficient
903	payment and reimbursement to charter schools, including
904	processing paperwork required to access special state and
905	federal funding for which they may be eligible. The district
906	school board may distribute funds to a charter school for up to
907	3 months based on the projected full-time equivalent student
908	membership of the charter school. Thereafter, the results of
909	full-time equivalent student membership surveys shall be used in
910	adjusting the amount of funds distributed monthly to the charter
911	school for the remainder of the fiscal year. The payment shall
912	be issued no later than 10 working days after the district
913	school board receives a distribution of state or federal funds.
914	If a warrant for payment is not issued within 10 working days
915	after receipt of funding by the district school board, the
916	school district shall pay to the charter school, in addition to
917	the amount of the scheduled disbursement, interest at a rate of
918	1 percent per month calculated on a daily basis on the unpaid
919	balance from the expiration of the 10 working days until such
920	time as the warrant is issued.
921	(19)(18)  FACILITIES.-
922	(a)  A startup charter school shall utilize facilities
923	which comply with the Florida Building Code pursuant to chapter
924	553 except for the State Requirements for Educational
925	Facilities. Conversion charter schools shall utilize facilities
926	that comply with the State Requirements for Educational
927	Facilities provided that the school district and the charter
928	school have entered into a mutual management plan for the
929	reasonable maintenance of such facilities. The mutual management
930	plan shall contain a provision by which the district school
931	board agrees to maintain charter school facilities in the same
932	manner as its other public schools within the district. Charter
933	schools, with the exception of conversion charter schools, are
934	not required to comply, but may choose to comply, with any or
935	all components of the State Requirements for Educational
936	Facilities of the Florida Building Code adopted pursuant to s.
937	1013.37. The local governing authority shall not adopt or impose
938	local building requirements or site development restrictions,
939	such as parking and site-size criteria, that are more stringent
940	than those found in the State Requirements for Educational
941	Facilities of the Florida Building Code. The agency having
942	jurisdiction for inspection of a facility and issuance of a
943	certificate of occupancy or use shall be the local municipality
944	or, if in an unincorporated area, the county governing
945	authority.
946	(b)  A charter school shall utilize facilities that comply
947	with the Florida Fire Prevention Code, pursuant to s. 633.025,
948	as adopted by the authority in whose jurisdiction the facility
949	is located as provided in paragraph (a).
950	(c)  Any facility, or portion thereof, used to house a
951	charter school whose charter has been approved by the sponsor
952	and the governing board, pursuant to subsection (7), shall be
953	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
954	community service, museum, performing arts, theatre, cinema,
955	church, community college, college, and university facilities
956	may provide space to charter schools within their facilities
957	under their preexisting zoning and land use designations.
958	(d)  Charter school facilities are exempt from assessments
959	of fees for building permits, except as provided in s. 553.80;,
960	fees for building and occupational licenses;, impact fees or
961	exactions;, service availability fees;, and assessments for
962	special benefits.
963	(e)  If a district school board facility or property is
964	available because it is surplus, marked for disposal, or
965	otherwise unused, it shall be provided for a charter school's
966	use on the same basis as it is made available to other public
967	schools in the district. A charter school receiving property
968	from the school district may not sell or dispose of such
969	property without written permission of the school district.
970	Similarly, for an existing public school converting to charter
971	status, no rental or leasing fee for the existing facility or
972	for the property normally inventoried to the conversion school
973	may be charged by the district school board to the parents and
974	teachers organizing the charter school. The charter school shall
975	agree to reasonable maintenance provisions in order to maintain
976	the facility in a manner similar to district school board
977	standards. The Public Education Capital Outlay maintenance funds
978	or any other maintenance funds generated by the facility
979	operated as a conversion school shall remain with the conversion
980	school.
981	(f)  To the extent that charter school facilities are
982	specifically created to mitigate the educational impact created
983	by the development of new residential dwelling units, pursuant
984	to subparagraph (2)(c)4., some of or all of the educational
985	impact fees required to be paid in connection with the new
986	residential dwelling units may be designated instead for the
987	construction of the charter school facilities that will mitigate
988	the student station impact. Such facilities shall be built to
989	the State Requirements for Educational Facilities and shall be
990	owned by a public or nonprofit entity. The local school district
991	retains the right to monitor and inspect such facilities to
992	ensure compliance with the State Requirements for Educational
993	Facilities. If a facility ceases to be used for public
994	educational purposes, either the facility shall revert to the
995	school district subject to any debt owed on the facility, or the
996	owner of the facility shall have the option to refund all
997	educational impact fees utilized for the facility to the school
998	district. The district and the owner of the facility may
999	contractually agree to another arrangement for the facilities if
1000	the facilities cease to be used for educational purposes. The
1001	owner of property planned or approved for new residential
1002	dwelling units and the entity levying educational impact fees
1003	shall enter into an agreement that designates the educational
1004	impact fees that will be allocated for the charter school
1005	student stations and that ensures the timely construction of the
1006	charter school student stations concurrent with the expected
1007	occupancy of the residential units. The application for use of
1008	educational impact fees shall include an approved charter school
1009	application. To assist the school district in forecasting
1010	student station needs, the entity levying the impact fees shall
1011	notify the affected district of any agreements it has approved
1012	for the purpose of mitigating student station impact from the
1013	new residential dwelling units.
1014	(g)  Each school district shall annually provide to the
1015	Department of Education as part of its 5-year work plan the
1016	number of existing vacant classrooms in each school that the
1017	district does not intend to use or does not project will be
1018	needed for educational purposes for the following school year.
1019	The department may recommend that a district make such space
1020	available to an appropriate charter school.
1021	(20)(19)  CAPITAL OUTLAY FUNDING.-Charter schools are
1022	eligible for capital outlay funds pursuant to s. 1013.62.
1023	(21)(20)  SERVICES.-
1024	(a)  A sponsor shall provide certain administrative and
1025	educational services to charter schools. These services shall
1026	include contract management services; full-time equivalent and
1027	data reporting services; exceptional student education
1028	administration services; services related to eligibility and
1029	reporting duties required to ensure that school lunch services
1030	under the federal lunch program, consistent with the needs of
1031	the charter school, are provided by the school district at the
1032	request of the charter school, that any funds due to the charter
1033	school under the federal lunch program be paid to the charter
1034	school as soon as the charter school begins serving food under
1035	the federal lunch program, and that the charter school is paid
1036	at the same time and in the same manner under the federal lunch
1037	program as other public schools serviced by the sponsor or the
1038	school district; test administration services, including payment
1039	of the costs of state-required or district-required student
1040	assessments; processing of teacher certificate data services;
1041	and information services, including equal access to student
1042	information systems that are used by public schools in the
1043	district in which the charter school is located. Student
1044	performance data for each student in a charter school,
1045	including, but not limited to, FCAT scores, standardized test
1046	scores, previous public school student report cards, and student
1047	performance measures, shall be provided by the sponsor to a
1048	charter school in the same manner provided to other public
1049	schools in the district. A total administrative fee for the
1050	provision of such services shall be calculated based upon up to
1051	5 percent of the available funds defined in paragraph
1052	(18)(17)(b) for all students. However, a sponsor may only
1053	withhold up to a 5-percent administrative fee for enrollment for
1054	up to and including 500 students. For charter schools with a
1055	population of 501 or more students, the difference between the
1056	total administrative fee calculation and the amount of the
1057	administrative fee withheld may only be used for capital outlay
1058	purposes specified in s. 1013.62(2). Each charter school shall
1059	receive 100 percent of the funds awarded to that school pursuant
1060	to s. 1012.225. Sponsors shall not charge charter schools any
1061	additional fees or surcharges for administrative and educational
1062	services in addition to the maximum 5-percent administrative fee
1063	withheld pursuant to this paragraph.
1064	(b)  If goods and services are made available to the
1065	charter school through the contract with the school district,
1066	they shall be provided to the charter school at a rate no
1067	greater than the district's actual cost unless mutually agreed
1068	upon by the charter school and the sponsor in a contract
1069	negotiated separately from the charter. When mediation has
1070	failed to resolve disputes over contracted services or
1071	contractual matters not included in the charter, an appeal may
1072	be made for a dispute resolution hearing before the Charter
1073	School Appeal Commission. To maximize the use of state funds,
1074	school districts shall allow charter schools to participate in
1075	the sponsor's bulk purchasing program if applicable.
1076	(c)  Transportation of charter school students shall be
1077	provided by the charter school consistent with the requirements
1078	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1079	body of the charter school may provide transportation through an
1080	agreement or contract with the district school board, a private
1081	provider, or parents. The charter school and the sponsor shall
1082	cooperate in making arrangements that ensure that transportation
1083	is not a barrier to equal access for all students residing
1084	within a reasonable distance of the charter school as determined
1085	in its charter.
1086	(22)(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.-
1087	(a)  The Department of Education shall provide information
1088	to the public, directly and through sponsors, on how to form and
1089	operate a charter school and how to enroll in a charter school
1090	once it is created. This information shall include a standard
1091	application format, charter format, evaluation instrument, and
1092	charter renewal format, which shall include the information
1093	specified in subsection (7) and shall be developed by consulting
1094	and negotiating with both school districts and charter schools
1095	before implementation. The charter and charter renewal formats
1096	shall be used by charter school sponsors.
1097	(b)1.  The Department of Education shall report student
1098	assessment data pursuant to s. 1008.34(3)(c) which is reported
1099	to schools that receive a school grade or student assessment
1100	data pursuant to s. 1008.341(3) which is reported to alternative
1101	schools that receive a school improvement rating to each charter
1102	school that:
1103	a.  Does not receive a school grade pursuant to s. 1008.34
1104	or a school improvement rating pursuant to s. 1008.341; and
1105	b.  Serves at least 10 students who are tested on the
1106	statewide assessment test pursuant to s. 1008.22.
1107	2.  The charter school shall report the information in
1108	subparagraph 1. to each parent of a student at the charter
1109	school, the parent of a child on a waiting list for the charter
1110	school, the district in which the charter school is located, and
1111	the governing board of the charter school. This paragraph does
1112	not abrogate the provisions of s. 1002.22, relating to student
1113	records, or the requirements of 20 U.S.C. s. 1232g, the Family
1114	Educational Rights and Privacy Act.
1115	3.a.  Pursuant to this paragraph, the Department of
1116	Education shall compare the charter school student performance
1117	data for each charter school in subparagraph 1. with the student
1118	performance data in traditional public schools in the district
1119	in which the charter school is located and other charter schools
1120	in the state. For alternative charter schools, the department
1121	shall compare the student performance data described in this
1122	paragraph with all alternative schools in the state. The
1123	comparative data shall be provided by the following grade
1124	groupings:
1125	(I)  Grades 3 through 5;
1126	(II)  Grades 6 through 8; and
1127	(III)  Grades 9 through 11.
1128	b.  Each charter school shall provide the information
1129	specified in this paragraph on its Internet website and also
1130	provide notice to the public at large in a manner provided by
1131	the rules of the State Board of Education. The State Board of
1132	Education shall adopt rules to administer the notice
1133	requirements of this subparagraph pursuant to ss. 120.536(1) and
1134	120.54. The website shall include, through links or actual
1135	content, other information related to school performance.
1136	(23)(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
1137	REVIEW.-
1138	(a)  The Department of Education shall staff and regularly
1139	convene a Charter School Review Panel in order to review issues,
1140	practices, and policies regarding charter schools. The
1141	composition of the review panel shall include individuals with
1142	experience in finance, administration, law, education, and
1143	school governance, and individuals familiar with charter school
1144	construction and operation. The panel shall include two
1145	appointees each from the Commissioner of Education, the
1146	President of the Senate, and the Speaker of the House of
1147	Representatives. The Governor shall appoint three members of the
1148	panel and shall designate the chair. Each member of the panel
1149	shall serve a 1-year term, unless renewed by the office making
1150	the appointment. The panel shall make recommendations to the
1151	Legislature, to the Department of Education, to charter schools,
1152	and to school districts for improving charter school operations
1153	and oversight and for ensuring best business practices at and
1154	fair business relationships with charter schools.
1155	(b)  The Legislature shall review the operation of charter
1156	schools during the 2010 Regular Session of the Legislature.
1157	(24)(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.-Upon
1158	receipt of the annual report required by paragraph (10)(9)(k),
1159	the Department of Education shall provide to the State Board of
1160	Education, the Commissioner of Education, the Governor, the
1161	President of the Senate, and the Speaker of the House of
1162	Representatives an analysis and comparison of the overall
1163	performance of charter school students, to include all students
1164	whose scores are counted as part of the statewide assessment
1165	program, versus comparable public school students in the
1166	district as determined by the statewide assessment program
1167	currently administered in the school district, and other
1168	assessments administered pursuant to s. 1008.22(3).
1169	(25)(24)  RESTRICTION ON EMPLOYMENT OF RELATIVES.-
1170	(a)  This subsection applies to charter school personnel in
1171	a charter school operated by a private entity. As used in this
1172	subsection, the term:
1173	1.  "Charter school personnel" means a charter school
1174	owner, president, chairperson of the governing board of
1175	directors, superintendent, governing board member, principal,
1176	assistant principal, or any other person employed by the charter
1177	school who has equivalent decisionmaking authority and in whom
1178	is vested the authority, or to whom the authority has been
1179	delegated, to appoint, employ, promote, or advance individuals
1180	or to recommend individuals for appointment, employment,
1181	promotion, or advancement in connection with employment in a
1182	charter school, including the authority as a member of a
1183	governing body of a charter school to vote on the appointment,
1184	employment, promotion, or advancement of individuals.
1185	2.  "Relative" means father, mother, son, daughter,
1186	brother, sister, uncle, aunt, first cousin, nephew, niece,
1187	husband, wife, father-in-law, mother-in-law, son-in-law,
1188	daughter-in-law, brother-in-law, sister-in-law, stepfather,
1189	stepmother, stepson, stepdaughter, stepbrother, stepsister, half
1190	brother, or half sister.
1191	(b)  Charter school personnel may not knowingly recommend
1192	or engage in the appoint, employ, promote, or advance, or
1193	advocate for appointment, employment, promotion, or assignment
1194	of an individual or employee to a work location if that action
1195	will create a situation in which one employee will be
1196	responsible for the direct supervision of, or exercise
1197	advancement, in or to a position in the charter school in which
1198	the personnel are serving or over which the personnel exercises
1199	jurisdiction or control over, another employee any individual
1200	who is a relative. The Commissioner of Education or the sponsor
1201	may make exceptions to this paragraph if such personnel actions
1202	would cause undue hardship on students or seriously disrupt a
1203	charter school's operations. An individual may not be appointed,
1204	employed, promoted, or advanced in or to a position in a charter
1205	school if such appointment, employment, promotion, or
1206	advancement has been advocated by charter school personnel who
1207	serve in or exercise jurisdiction or control over the charter
1208	school and who is a relative of the individual or if such
1209	appointment, employment, promotion, or advancement is made by
1210	the governing board of which a relative of the individual is a
1211	member.
1212	(c)  The approval of budgets does not constitute
1213	"jurisdiction or control" for the purposes of this subsection.
1214
1215	Charter school personnel in schools operated by a municipality
1216	or other public entity are subject to s. 112.3135.
1217	(26)(25)  STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.-
1218	(a)  A member of a governing board of a charter school,
1219	including a charter school operated by a private entity, is
1220	subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
1221	(b)  A member of a governing board of a charter school
1222	operated by a municipality or other public entity is subject to
1223	s. 112.3145 112.3144, which relates to the disclosure of
1224	financial interests.
1225	(27)(26)  RULEMAKING.-The Department of Education, after
1226	consultation with school districts and charter school directors,
1227	shall recommend that the State Board of Education adopt rules to
1228	implement specific subsections of this section. Such rules shall
1229	require minimum paperwork and shall not limit charter school
1230	flexibility authorized by statute. The State Board of Education
1231	shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
1232	implement a charter model application form, evaluation
1233	instrument, and charter and charter renewal formats in
1234	accordance with this section.
1235	Section 2.  Paragraph (e) of subsection (1) and subsections
1236	(2) and (3) of section 1013.62, Florida Statutes, are amended to
1237	read:
1238	1013.62  Charter schools capital outlay funding.-
1239	(1)  In each year in which funds are appropriated for
1240	charter school capital outlay purposes, the Commissioner of
1241	Education shall allocate the funds among eligible charter
1242	schools.
1243	(e)  Unless otherwise provided in the General
1244	Appropriations Act, the funding allocation for each eligible
1245	charter school is determined by multiplying the school's
1246	projected student enrollment by one-fifteenth of the cost-per-
1247	student station specified in s. 1013.64(6)(b) for an elementary,
1248	middle, or high school, as appropriate. If the funds
1249	appropriated are not sufficient, the commissioner shall prorate
1250	the available funds among eligible charter schools. However, a
1251	charter school or charter lab school may not receive state
1252	charter school capital outlay funds greater than the one-
1253	fifteenth cost per student station formula if the charter
1254	school's combination of state charter school capital outlay
1255	funds, capital outlay funds calculated through the reduction in
1256	the administrative fee provided in s. 1002.33(21)(20), and
1257	capital outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds
1258	the one-fifteenth cost per student station formula.
1259	(2)  A charter school's governing body may use charter
1260	school capital outlay funds for the following purposes:
1261	(a)  Purchase of real property.
1262	(b)  Construction of school facilities.
1263	(c)  Purchase, lease-purchase, or lease of permanent or
1264	relocatable school facilities.
1265	(d)  Purchase of vehicles to transport students to and from
1266	the charter school.
1267	(e)  Renovation, repair, and maintenance of school
1268	facilities that the charter school owns or is purchasing through
1269	a lease-purchase or long-term lease of 5 years or longer.
1270	(f)  Effective July 1, 2008, purchase, lease-purchase, or
1271	lease of new and replacement equipment, and enterprise resource
1272	software applications that are classified as capital assets in
1273	accordance with definitions of the Governmental Accounting
1274	Standards Board, have a useful life of at least 5 years, and are
1275	used to support schoolwide administration or state-mandated
1276	reporting requirements.
1277	(g)  Payment of the cost of premiums for property and
1278	casualty insurance necessary to insure the school facilities.
1279	(h)  Purchase, lease-purchase, or lease of driver's
1280	education vehicles; motor vehicles used for the maintenance or
1281	operation of plants and equipment; security vehicles; or
1282	vehicles used in storing or distributing materials and
1283	equipment.
1284	(i)  Purchase of computer software, hardware, and network
1285	systems.
1286	(j)  Purchase of furniture and equipment.
1287
1288	Conversion charter schools may use capital outlay funds received
1289	through the reduction in the administrative fee provided in s.
1290	1002.33(21)(20) for renovation, repair, and maintenance of
1291	school facilities that are owned by the sponsor.
1292	(3)  When a charter school is nonrenewed or terminated, any
1293	unencumbered funds and all equipment and property purchased with
1294	district public funds shall revert to the ownership of the
1295	district school board, as provided for in s. 1002.33(9)(8)(e)
1296	and (f). In the case of a charter lab school, any unencumbered
1297	funds and all equipment and property purchased with university
1298	public funds shall revert to the ownership of the state
1299	university that issued the charter. The reversion of such
1300	equipment, property, and furnishings shall focus on recoverable
1301	assets, but not on intangible or irrecoverable costs such as
1302	rental or leasing fees, normal maintenance, and limited
1303	renovations. The reversion of all property secured with public
1304	funds is subject to the complete satisfaction of all lawful
1305	liens or encumbrances. If there are additional local issues such
1306	as the shared use of facilities or partial ownership of
1307	facilities or property, these issues shall be agreed to in the
1308	charter contract prior to the expenditure of funds.
1309	Section 3.  Paragraph (e) of subsection (13) of section
1310	163.3180, Florida Statutes, is amended to read:
1311	163.3180  Concurrency.-
1312	(13)  School concurrency shall be established on a
1313	districtwide basis and shall include all public schools in the
1314	district and all portions of the district, whether located in a
1315	municipality or an unincorporated area unless exempt from the
1316	public school facilities element pursuant to s. 163.3177(12).
1317	The application of school concurrency to development shall be
1318	based upon the adopted comprehensive plan, as amended. All local
1319	governments within a county, except as provided in paragraph
1320	(f), shall adopt and transmit to the state land planning agency
1321	the necessary plan amendments, along with the interlocal
1322	agreement, for a compliance review pursuant to s. 163.3184(7)
1323	and (8). The minimum requirements for school concurrency are the
1324	following:
1325	(e)  Availability standard.-Consistent with the public
1326	welfare, a local government may not deny an application for site
1327	plan, final subdivision approval, or the functional equivalent
1328	for a development or phase of a development authorizing
1329	residential development for failure to achieve and maintain the
1330	level-of-service standard for public school capacity in a local
1331	school concurrency management system where adequate school
1332	facilities will be in place or under actual construction within
1333	3 years after the issuance of final subdivision or site plan
1334	approval, or the functional equivalent. School concurrency is
1335	satisfied if the developer executes a legally binding commitment
1336	to provide mitigation proportionate to the demand for public
1337	school facilities to be created by actual development of the
1338	property, including, but not limited to, the options described
1339	in subparagraph 1. Options for proportionate-share mitigation of
1340	impacts on public school facilities must be established in the
1341	public school facilities element and the interlocal agreement
1342	pursuant to s. 163.31777.
1343	1.  Appropriate mitigation options include the contribution
1344	of land; the construction, expansion, or payment for land
1345	acquisition or construction of a public school facility; the
1346	construction of a charter school that complies with the
1347	requirements of s. 1002.33(19)(18); or the creation of
1348	mitigation banking based on the construction of a public school
1349	facility in exchange for the right to sell capacity credits.
1350	Such options must include execution by the applicant and the
1351	local government of a development agreement that constitutes a
1352	legally binding commitment to pay proportionate-share mitigation
1353	for the additional residential units approved by the local
1354	government in a development order and actually developed on the
1355	property, taking into account residential density allowed on the
1356	property prior to the plan amendment that increased the overall
1357	residential density. The district school board must be a party
1358	to such an agreement. As a condition of its entry into such a
1359	development agreement, the local government may require the
1360	landowner to agree to continuing renewal of the agreement upon
1361	its expiration.
1362	2.  If the education facilities plan and the public
1363	educational facilities element authorize a contribution of land;
1364	the construction, expansion, or payment for land acquisition;
1365	the construction or expansion of a public school facility, or a
1366	portion thereof; or the construction of a charter school that
1367	complies with the requirements of s. 1002.33(19)(18), as
1368	proportionate-share mitigation, the local government shall
1369	credit such a contribution, construction, expansion, or payment
1370	toward any other impact fee or exaction imposed by local
1371	ordinance for the same need, on a dollar-for-dollar basis at
1372	fair market value.
1373	3.  Any proportionate-share mitigation must be directed by
1374	the school board toward a school capacity improvement identified
1375	in a financially feasible 5-year district work plan that
1376	satisfies the demands created by the development in accordance
1377	with a binding developer's agreement.
1378	4.  If a development is precluded from commencing because
1379	there is inadequate classroom capacity to mitigate the impacts
1380	of the development, the development may nevertheless commence if
1381	there are accelerated facilities in an approved capital
1382	improvement element scheduled for construction in year four or
1383	later of such plan which, when built, will mitigate the proposed
1384	development, or if such accelerated facilities will be in the
1385	next annual update of the capital facilities element, the
1386	developer enters into a binding, financially guaranteed
1387	agreement with the school district to construct an accelerated
1388	facility within the first 3 years of an approved capital
1389	improvement plan, and the cost of the school facility is equal
1390	to or greater than the development's proportionate share. When
1391	the completed school facility is conveyed to the school
1392	district, the developer shall receive impact fee credits usable
1393	within the zone where the facility is constructed or any
1394	attendance zone contiguous with or adjacent to the zone where
1395	the facility is constructed.
1396	5.  This paragraph does not limit the authority of a local
1397	government to deny a development permit or its functional
1398	equivalent pursuant to its home rule regulatory powers, except
1399	as provided in this part.
1400	Section 4.  Paragraph (c) of subsection (9) of section
1401	1002.32, Florida Statutes, is amended to read:
1402	1002.32  Developmental research (laboratory) schools.-
1403	(9)  FUNDING.-Funding for a lab school, including a charter
1404	lab school, shall be provided as follows:
1405	(c)  All operating funds provided under this section shall
1406	be deposited in a Lab School Trust Fund and shall be expended
1407	for the purposes of this section. The university assigned a lab
1408	school shall be the fiscal agent for these funds, and all rules
1409	of the university governing the budgeting and expenditure of
1410	state funds shall apply to these funds unless otherwise provided
1411	by law or rule of the State Board of Education. The university
1412	board of trustees shall be the public employer of lab school
1413	personnel for collective bargaining purposes for lab schools in
1414	operation prior to the 2002-2003 fiscal year. Employees of
1415	charter lab schools authorized prior to June 1, 2003, but not in
1416	operation prior to the 2002-2003 fiscal year shall be employees
1417	of the entity holding the charter and must comply with the
1418	provisions of s. 1002.33(13)(12).
1419	Section 5.  Paragraph (c) of subsection (10) and subsection
1420	(13) of section 1002.34, Florida Statutes, are amended to read:
1421	1002.34  Charter technical career centers.-
1422	(10)  EXEMPTION FROM STATUTES.-
1423	(c)  A center must comply with the antidiscrimination
1424	provisions in s. 1000.05 and the provisions in s.
1425	1002.33(25)(24) which relate to the employment of relatives.
1426	(13)  BOARD OF DIRECTORS AUTHORITY.-The board of directors
1427	of a center may decide matters relating to the operation of the
1428	school, including budgeting, curriculum, and operating
1429	procedures, subject to the center's charter. The board of
1430	directors is responsible for performing the duties provided in
1431	s. 1002.345, including monitoring the corrective action plan.
1432	The board of directors must comply with s. 1002.33(26)(25).
1433	Section 6.  Paragraphs (a) and (d) of subsection (1),
1434	paragraph (b) of subsection (2), and subsection (6) of section
1435	1002.345, Florida Statutes, are amended to read:
1436	1002.345  Determination of deteriorating financial
1437	conditions and financial emergencies for charter schools and
1438	charter technical career centers.-This section applies to
1439	charter schools operating pursuant to s. 1002.33 and to charter
1440	technical career centers operating pursuant to s. 1002.34.
1441	(1)  EXPEDITED REVIEW; REQUIREMENTS.-
1442	(a)  A charter school or a charter technical career center
1443	is subject to an expedited review by the sponsor if one of the
1444	following occurs:
1445	1.  Failure to provide for an audit required by s. 218.39.
1446	2.  Failure to comply with reporting requirements pursuant
1447	to s. 1002.33(10)(9) or s. 1002.34(11)(f) or (14).
1448	3.  A deteriorating financial condition identified through
1449	an annual audit pursuant to s. 218.39(5) or a monthly financial
1450	statement pursuant to s. 1002.33(10)(9)(g) or s. 1002.34(11)(f).
1451	"Deteriorating financial condition" means a circumstance that
1452	significantly impairs the ability of a charter school or a
1453	charter technical career center to generate enough revenues to
1454	meet its expenditures without causing the occurrence of a
1455	condition described in s. 218.503(1).
1456	4.  Notification pursuant to s. 218.503(2) that one or more
1457	of the conditions specified in s. 218.503(1) have occurred or
1458	will occur if action is not taken to assist the charter school
1459	or charter technical career center.
1460	(d)  The governing board shall include the corrective
1461	action plan and the status of its implementation in the annual
1462	progress report to the sponsor which is required pursuant to s.
1463	1002.33(10)(9)(k) or s. 1002.34(14).
1464	(2)  FINANCIAL EMERGENCY; REQUIREMENTS.-
1465	(b)  The governing board shall include the financial
1466	recovery plan and the status of its implementation in the annual
1467	progress report to the sponsor which is required under s.
1468	1002.33(10)(9)(k) or s. 1002.34(14).
1469	(6)  FAILURE TO CORRECT DEFICIENCIES.-The sponsor may
1470	decide not to renew or may terminate a charter if the charter
1471	school or charter technical career center fails to correct the
1472	deficiencies noted in the corrective action plan within 1 year
1473	after being notified of the deficiencies or exhibits one or more
1474	financial emergency conditions specified in s. 218.503 for 2
1475	consecutive years. This subsection does not affect a sponsor's
1476	authority to terminate or not renew a charter pursuant to s.
1477	1002.33(9)(8).
1478	Section 7.  Section 1011.68, Florida Statutes, is amended
1479	to read:
1480	1011.68  Funds for student transportation.-The annual
1481	allocation to each district for transportation to public school
1482	programs, including charter schools as provided in s.
1483	1002.33(18)(17)(b), of students in membership in kindergarten
1484	through grade 12 and in migrant and exceptional student programs
1485	below kindergarten shall be determined as follows:
1486	(1)  Subject to the rules of the State Board of Education,
1487	each district shall determine the membership of students who are
1488	transported:
1489	(a)  By reason of living 2 miles or more from school.
1490	(b)  By reason of being students with disabilities or
1491	enrolled in a teenage parent program, regardless of distance to
1492	school.
1493	(c)  By reason of being in a state prekindergarten program,
1494	regardless of distance from school.
1495	(d)  By reason of being career, dual enrollment, or
1496	students with disabilities transported from one school center to
1497	another to participate in an instructional program or service;
1498	or students with disabilities, transported from one designation
1499	to another in the state, provided one designation is a school
1500	center and provided the student's individual educational plan
1501	(IEP) identifies the need for the instructional program or
1502	service and transportation to be provided by the school
1503	district. A "school center" is defined as a public school
1504	center, community college, state university, or other facility
1505	rented, leased, or owned and operated by the school district or
1506	another public agency. A "dual enrollment student" is defined as
1507	a public school student in membership in both a public secondary
1508	school program and a community college or a state university
1509	program under a written agreement to partially fulfill ss.
1510	1003.435 and 1007.23 and earning full-time equivalent membership
1511	under s. 1011.62(1)(i).
1512	(e)  With respect to elementary school students whose grade
1513	level does not exceed grade 6, by reason of being subjected to
1514	hazardous walking conditions en route to or from school as
1515	provided in s. 1006.23. Such rules shall, when appropriate,
1516	provide for the determination of membership under this paragraph
1517	for less than 1 year to accommodate the needs of students who
1518	require transportation only until such hazardous conditions are
1519	corrected.
1520	(f)  By reason of being a pregnant student or student
1521	parent, and the child of a student parent as provided in s.
1522	1003.54, regardless of distance from school.
1523	(2)  The allocation for each district shall be calculated
1524	annually in accordance with the following formula:
1525	T = B + EX. The elements of this formula are defined as follows:
1526	T is the total dollar allocation for transportation. B is the
1527	base transportation dollar allocation prorated by an adjusted
1528	student membership count. The adjusted membership count shall be
1529	derived from a multiplicative index function in which the base
1530	student membership is adjusted by multiplying it by index
1531	numbers that individually account for the impact of the price
1532	level index, average bus occupancy, and the extent of rural
1533	population in the district. EX is the base transportation dollar
1534	allocation for disabled students prorated by an adjusted
1535	disabled student membership count. The base transportation
1536	dollar allocation for disabled students is the total state base
1537	disabled student membership count weighted for increased costs
1538	associated with transporting disabled students and multiplying
1539	it by the prior year's average per student cost for
1540	transportation. The adjusted disabled student membership count
1541	shall be derived from a multiplicative index function in which
1542	the weighted base disabled student membership is adjusted by
1543	multiplying it by index numbers that individually account for
1544	the impact of the price level index, average bus occupancy, and
1545	the extent of rural population in the district. Each adjustment
1546	factor shall be designed to affect the base allocation by no
1547	more or less than 10 percent.
1548	(3)  The total allocation to each district for
1549	transportation of students shall be the sum of the amounts
1550	determined in subsection (2). If the funds appropriated for the
1551	purpose of implementing this section are not sufficient to pay
1552	the base transportation allocation and the base transportation
1553	allocation for disabled students, the Department of Education
1554	shall prorate the available funds on a percentage basis. If the
1555	funds appropriated for the purpose of implementing this section
1556	exceed the sum of the base transportation allocation and the
1557	base transportation allocation for disabled students, the base
1558	transportation allocation for disabled students shall be limited
1559	to the amount calculated in subsection (2), and the remaining
1560	balance shall be added to the base transportation allocation.
1561	(4)  No district shall use funds to purchase transportation
1562	equipment and supplies at prices which exceed those determined
1563	by the department to be the lowest which can be obtained, as
1564	prescribed in s. 1006.27(1).
1565	(5)  Funds allocated or apportioned for the payment of
1566	student transportation services may be used to pay for
1567	transportation of students to and from school on local general
1568	purpose transportation systems. Student transportation funds may
1569	also be used to pay for transportation of students to and from
1570	school in private passenger cars and boats when the
1571	transportation is for isolated students, or students with
1572	disabilities as defined by rule. Subject to the rules of the
1573	State Board of Education, each school district shall determine
1574	and report the number of assigned students using general purpose
1575	transportation private passenger cars and boats. The allocation
1576	per student must be equal to the allocation per student riding a
1577	school bus.
1578	(6)  Notwithstanding other provisions of this section, in
1579	no case shall any student or students be counted for
1580	transportation funding more than once per day. This provision
1581	includes counting students for funding pursuant to trips in
1582	school buses, passenger cars, or boats or general purpose
1583	transportation.
1584	Section 8.  Paragraph (b) of subsection (2) of section
1585	1012.32, Florida Statutes, is amended to read:
1586	1012.32  Qualifications of personnel.-
1587	(2)
1588	(b)  Instructional and noninstructional personnel who are
1589	hired or contracted to fill positions in any charter school and
1590	members of the governing board of any charter school, in
1591	compliance with s. 1002.33(13)(12)(g), must, upon employment,
1592	engagement of services, or appointment, undergo background
1593	screening as required under s. 1012.465 or s. 1012.56, whichever
1594	is applicable, by filing with the district school board for the
1595	school district in which the charter school is located a
1596	complete set of fingerprints taken by an authorized law
1597	enforcement agency or an employee of the school or school
1598	district who is trained to take fingerprints.
1599
1600	Fingerprints shall be submitted to the Department of Law
1601	Enforcement for statewide criminal and juvenile records checks
1602	and to the Federal Bureau of Investigation for federal criminal
1603	records checks. A person subject to this subsection who is found
1604	ineligible for employment under s. 1012.315, or otherwise found
1605	through background screening to have been convicted of any crime
1606	involving moral turpitude as defined by rule of the State Board
1607	of Education, shall not be employed, engaged to provide
1608	services, or serve in any position that requires direct contact
1609	with students. Probationary persons subject to this subsection
1610	terminated because of their criminal record have the right to
1611	appeal such decisions. The cost of the background screening may
1612	be borne by the district school board, the charter school, the
1613	employee, the contractor, or a person subject to this
1614	subsection.
1615	Section 9.  (1)  The Office of Program Policy Analysis and
1616	Government Accountability (OPPAGA) shall conduct a study
1617	comparing the funding of charter schools with traditional public
1618	schools and shall:
1619	(a)  Identify the school districts that distribute funds
1620	generated by the capital improvement millage authorized pursuant
1621	to s. 1011.71(2), Florida Statutes, to charter schools and the
1622	use of such funds by the charter schools.
1623	(b)  Determine the amount of funds that would be available
1624	to charter schools if school districts equitably distribute to
1625	district schools, including charter schools, funds generated by
1626	the capital improvement millage authorized pursuant to s.
1627	1011.71(2), Florida Statutes.
1628	(c)  Examine the costs associated with supervising charter
1629	schools and determine if the 5-percent administrative fee for
1630	administrative and educational services for charter schools
1631	covers the costs associated with the provision of the services.
1632	(2)  OPPAGA shall make recommendations, if warranted, for
1633	improving the accountability and equity of the funding system
1634	for charter schools based on the findings of the study. The
1635	results of the study shall be provided to the Governor, the
1636	President of the Senate, and the Speaker of the House of
1637	Representatives no later than January 1, 2011.
1638	Section 10.  This act shall take effect July 1, 2010.

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