CS/CS/CS/HB 1569

1
A bill to be entitled
2An act relating to charter schools; amending s. 1002.33,
3F.S.; revising requirements for providing financial
4statements to the sponsor of a charter school; authorizing
5a governing body to oversee multiple charter schools;
6providing requirements for designation as a high-
7performing charter school; authorizing a high-performing
8charter school to increase enrollment and receive capital
9outlay funds; authorizing a newly approved charter school
10operated by a high-performing education service provider
11to receive a 15-year initial charter and become a high-
12performing charter school; providing requirements for
13retention of designation as a high-performing charter
14school; authorizing preference for enrollment in a charter
15school-in-the-workplace and a charter school-in-a-
16municipality for certain students; prohibiting school
17districts from requiring resignations from specified
18school district personnel who desire employment in a
19charter school; revising requirements for the
20establishment of a charter school-in-the-workplace;
21providing that a charter school-in-the-workplace is
22eligible for capital outlay funding if it meets specified
23requirements; removing a reporting requirement relating to
24student assessment data; requiring the Office of Program
25Policy Analysis and Government Accountability to conduct a
26study comparing the funding of charter schools with
27traditional public schools and examining certain funding
28and costs; requiring recommendations to the Governor and
29Legislature, if warranted, for improving the
30accountability and equity of the funding system for
31charter schools; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Paragraphs (g) and (i) of subsection (9),
36paragraph (d) of subsection (10), paragraph (e) of subsection
37(12), paragraph (b) of subsection (15), and paragraph (b) of
38subsection (21) of section 1002.33, Florida Statutes, are
39amended, and paragraph (q) is added to subsection (9) of that
40section, to read:
41     1002.33  Charter schools.-
42     (9)  CHARTER SCHOOL REQUIREMENTS.-
43     (g)  In order to provide financial information that is
44comparable to that reported for other public schools, charter
45schools are to maintain all financial records that constitute
46their accounting system:
47     1.  In accordance with the accounts and codes prescribed in
48the most recent issuance of the publication titled "Financial
49and Program Cost Accounting and Reporting for Florida Schools";
50or
51     2.  At the discretion of the charter school governing
52board, a charter school may elect to follow generally accepted
53accounting standards for not-for-profit organizations, but must
54reformat this information for reporting according to this
55paragraph.
56
57Charter schools shall provide annual financial report and
58program cost report information in the state-required formats
59for inclusion in district reporting in compliance with s.
601011.60(1). Charter schools that are operated by a municipality
61or are a component unit of a parent nonprofit organization may
62use the accounting system of the municipality or the parent but
63must reformat this information for reporting according to this
64paragraph. A charter school shall provide a monthly financial
65statement to the sponsor, unless the charter school is
66designated as a high-performing charter school under paragraph
67(q), in which case the high-performing charter school shall
68provide a quarterly financial statement. The monthly financial
69statement required under this paragraph shall be in a form
70prescribed by the Department of Education.
71     (i)  The governing body of the charter school shall
72exercise continuing oversight over charter school operations. A
73governing body may oversee more than one charter school in more
74than one school district.
75     (q)1.  For purposes of this paragraph, the term:
76     a.  "Entity" means a municipality or other public entity as
77authorized by law to operate a charter school; a private, not-
78for-profit, s. 501(c)(3) status corporation; or a private, for-
79profit corporation.
80     b.  "High-performing education service provider" means an
81entity that:
82     (I)  Operates at least two high-performing charter schools
83in this state;
84     (II)  Has received a school grade of "A" or "B" during the
85previous 3 years for at least 75 percent of the charter schools
86operated by the entity in this state; and
87     (III)  Has not received a school grade of "F" during any of
88the previous 3 years for any charter school operated by the
89entity in this state.
90     2.  A charter school shall be designated as a high-
91performing charter school if during each of the previous 3 years
92the charter school:
93     a.  Received a school grade of "A" or "B";
94     b.  Received an unqualified opinion on each financial audit
95required under s. 218.39; and
96     c.  Did not receive a financial audit that revealed one or
97more of the conditions set forth in s. 218.503(1).
98     3.  A high-performing charter school may:
99     a.  Increase the school's student enrollment once per year
100by up to 25 percent more than the capacity authorized pursuant
101to paragraph (10)(h).
102     b.  Receive charter school capital outlay funds under s.
1031013.62. A high-performing charter school is not required to
104comply with s. 1013.62(1)(a)1.-3. but must comply with all other
105requirements of s. 1013.62 in order to receive charter school
106capital outlay funds as provided in this sub-subparagraph.
107     4.  A high-performing education service provider may submit
108an application pursuant to subsection (6) to establish and
109operate a new charter school that will replicate one or more of
110the provider's existing high-performing charter schools. Upon
111approval of the application by the sponsor, the new charter
112school shall be granted an initial charter for a term of 15
113years and be designated as a high-performing charter school. The
11415-year charter is subject to annual review and may be
115terminated during its term pursuant to subsection (8).
116     5.a.  A charter school that is designated as a high-
117performing charter school may retain such designation pursuant
118to:
119     (I)  Subparagraph 2. if the school's governing board, by
120July 1 of each year, demonstrates in writing to the school's
121sponsor that the charter school continues to meet the
122requirements of subparagraph 2.
123     (II)  Subparagraph 4. during the school's initial 3 years
124of operation if the entity operating the school continues to
125meet the definition of a high-performing education service
126provider under sub-subparagraph 1.b. After the high-performing
127charter school has operated for 3 years, the school must comply
128with sub-sub-subparagraph (I) in order to retain its designation
129as a high-performing charter school.
130     b.  The high-performing charter school designation shall be
131removed if the charter school does not meet the requirements of
132sub-subparagraph a.
133     (10)  ELIGIBLE STUDENTS.-
134     (d)  A charter school may give enrollment preference to the
135following student populations:
136     1.  Students who are siblings of a student enrolled in the
137charter school.
138     2.  Students who are the children of a member of the
139governing board of the charter school.
140     3.  Students who are the children of an employee of the
141charter school.
142     4.  Students who are the children of an employee of a
143business or corporation that is in partnership with a charter
144school-in-the-workplace or students who are the children of a
145resident of a municipality that operates a charter school-in-a-
146municipality pursuant to subsection (15).
147     (12)  EMPLOYEES OF CHARTER SCHOOLS.-
148     (e)  Employees of a school district may take leave to
149accept employment in a charter school upon the approval of the
150district school board. While employed by the charter school and
151on leave that is approved by the district school board, the
152employee may retain seniority accrued in that school district
153and may continue to be covered by the benefit programs of that
154school district, if the charter school and the district school
155board agree to this arrangement and its financing. School
156districts shall not require resignations from instructional
157personnel, school administrators, or educational support
158employees who desire employment of teachers desiring to teach in
159a charter school. This paragraph shall not prohibit a district
160school board from approving alternative leave arrangements
161consistent with chapter 1012.     
162(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
163A-MUNICIPALITY.-
164     (b)  A charter school-in-the-workplace may be established
165when a business partner or a municipality:
166     1.  Provides one of the following:
167     a.  Access to a the school facility to be used;
168     b.  Resources that materially reduce the cost of
169constructing a school facility;
170     c.  Land for a school facility; or
171     d.  Resources to maintain a school facility;
172     2.  Enrolls students based upon a random lottery that
173involves all of the children of employees of that business or
174corporation, or within that municipality, who are seeking
175enrollment, as provided for in subsection (10); and
176     3.  Enrolls students according to the racial/ethnic balance
177provisions described in subparagraph (7)(a)8.
178
179A charter school-in-the-workplace is eligible for charter school
180capital outlay funding if it meets the requirements in s.
1811013.62. Any portion of a facility used for a public charter
182school shall be exempt from ad valorem taxes, as provided for in
183s. 1013.54, for the duration of its use as a public school.
184     (21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.-
185     (b)1.  The Department of Education shall report student
186assessment data pursuant to s. 1008.34(3)(c) which is reported
187to schools that receive a school grade or student assessment
188data pursuant to s. 1008.341(3) which is reported to alternative
189schools that receive a school improvement rating to each charter
190school that:
191     a.  Does not receive a school grade pursuant to s. 1008.34
192or a school improvement rating pursuant to s. 1008.341; and
193     b.  Serves at least 10 students who are tested on the
194statewide assessment test pursuant to s. 1008.22.
195     2.  The charter school shall report the information in
196subparagraph 1. to each parent of a student at the charter
197school, the parent of a child on a waiting list for the charter
198school, the district in which the charter school is located, and
199the governing board of the charter school. This paragraph does
200not abrogate the provisions of s. 1002.22, relating to student
201records, or the requirements of 20 U.S.C. s. 1232g, the Family
202Educational Rights and Privacy Act.
203     3.a.  Pursuant to this paragraph, the Department of
204Education shall compare the charter school student performance
205data for each charter school in subparagraph 1. with the student
206performance data in traditional public schools in the district
207in which the charter school is located and other charter schools
208in the state. For alternative charter schools, the department
209shall compare the student performance data described in this
210paragraph with all alternative schools in the state. The
211comparative data shall be provided by the following grade
212groupings:
213     (I)  Grades 3 through 5;
214     (II)  Grades 6 through 8; and
215     (III)  Grades 9 through 11.
216     b.  Each charter school shall provide the information
217specified in this paragraph on its Internet website and also
218provide notice to the public at large in a manner provided by
219the rules of the State Board of Education. The State Board of
220Education shall adopt rules to administer the notice
221requirements of this subparagraph pursuant to ss. 120.536(1) and
222120.54. The website shall include, through links or actual
223content, other information related to school performance.
224     Section 2.  (1)  The Office of Program Policy Analysis and
225Government Accountability shall conduct a study comparing the
226funding of charter schools with traditional public schools and
227shall:
228     (a)  Identify the school districts that distribute funds
229generated by the capital improvement millage authorized pursuant
230to s. 1011.71(2), Florida Statutes, to charter schools and the
231use of such funds by the charter schools.
232     (b)  Determine the amount of funds that would be available
233to charter schools if school districts equitably distribute to
234district schools, including charter schools, funds generated by
235the capital improvement millage authorized pursuant to s.
2361011.71(2), Florida Statutes.
237     (c)  Examine the costs associated with supervising charter
238schools and determine whether the 5-percent administrative fee
239for administrative and educational services for charter schools
240covers the costs associated with the provision of the services.
241     (2)  The Office of Program Policy Analysis and Government
242Accountability shall make recommendations, if warranted, for
243improving the accountability and equity of the funding system
244for charter schools based on the findings of the study. The
245results of the study shall be provided to the Governor, the
246President of the Senate, and the Speaker of the House of
247Representatives no later than January 1, 2011.
248     Section 3.  This act shall take effect July 1, 2010.


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