Amendment
Bill No. CS/CS/CS/SB 1546

Amendment No. 828835

CHAMBER ACTION
Senate		House
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1	Representative(s) Stargel offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Section 1002.331, Florida Statutes, is created
7	to read:
8	1002.331  High-performing charter schools.-
9	(1)  A charter school is a high-performing charter school
10	if it:
11	(a)  Received at least two school grades of "A" and no
12	school grade below "B," pursuant to s. 1008.34, during each of
13	the previous 3 school years.
14	(b)  Received an unqualified opinion on each annual
15	financial audit required under s. 218.39 in the most recent 3
16	fiscal years for which such audits are available.
17	(c)  Did not receive a financial audit that revealed one or
18	more of the financial emergency conditions set forth in s.
19	218.503(1) in the most recent 3 fiscal years for which such
20	audits are available. However, this requirement is deemed met
21	for a charter school-in-the-workplace if there is a finding in
22	an audit that the school has the monetary resources available to
23	cover any reported deficiency or that the deficiency does not
24	result in a deteriorating financial condition pursuant to s.
25	1002.345(1)(a)3.
26
27	A virtual charter school established under s. 1002.33 is not
28	eligible for designation as a high-performing charter school.
29	(2)  A high-performing charter school is authorized to:
30	(a)  Increase its student enrollment once per school year
31	by up to 15 percent more than the capacity identified in the
32	charter.
33	(b)  Expand grade levels within kindergarten through grade
34	12 to add grade levels not already served if any annual
35	enrollment increase resulting from grade level expansion is
36	within the limit established in paragraph (a).
37	(c)  Submit a quarterly, rather than a monthly, financial
38	statement to the sponsor pursuant to s. 1002.33(9)(g).
39	(d)  Consolidate under a single charter the charters of
40	multiple high-performing charter schools operated in the same
41	school district by the charter schools' governing board
42	regardless of the renewal cycle.
43	(e)  Receive a modification of its charter to a term of 15
44	years or a 15-year charter renewal. The charter may be modified
45	or renewed for a shorter term at the option of the high-
46	performing charter school. The charter must be consistent with
47	s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual
48	review by the sponsor, and may be terminated during its term
49	pursuant to s. 1002.33(8).
50
51	A high-performing charter school shall notify its sponsor in
52	writing by March 1 if it intends to increase enrollment or
53	expand grade levels the following school year. The written
54	notice shall specify the amount of the enrollment increase and
55	the grade levels that will be added, as applicable.
56	(3)(a)  A high-performing charter school may submit an
57	application pursuant to s. 1002.33(6) in any school district in
58	the state to establish and operate a new charter school that
59	will substantially replicate its educational program. An
60	application submitted by a high-performing charter school must
61	state that the application is being submitted pursuant to this
62	paragraph and must include the verification letter provided by
63	the Commissioner of Education pursuant to subsection (5). If the
64	sponsor fails to act on the application within 60 days after
65	receipt, the application is deemed approved and the procedure in
66	s. 1002.33(6)(h) applies. If the sponsor denies the application,
67	the high-performing charter school may appeal pursuant to s.
68	1002.33(6).
69	(b)  A high-performing charter school may not establish
70	more than one charter school within the state under paragraph
71	(a) in any year. A subsequent application to establish a charter
72	school under paragraph (a) may not be submitted unless each
73	charter school established in this manner achieves high-
74	performing charter school status.
75	(4)  A high-performing charter school may not increase
76	enrollment or expand grade levels following any school year in
77	which it receives a school grade of "C" or below. If the charter
78	school receives a school grade of "C" or below in any 2 years
79	during the term of the charter awarded under subsection (2), the
80	term of the charter may be modified by the sponsor and the
81	charter school loses its high-performing charter school status
82	until it regains that status under subsection (1).
83	(5)  The Commissioner of Education, upon request by a
84	charter school, shall verify that the charter school meets the
85	criteria in subsection (1) and provide a letter to the charter
86	school and the sponsor stating that the charter school is a
87	high-performing charter school pursuant to this section.
88	(6)  A high-performing charter school replicated under this
89	section may not be replicated as a virtual charter school.
90	Section 2.  Section 1002.332, Florida Statutes, is created
91	to read:
92	1002.332  High-performing charter school system.-
93	(1)  For purposes of this section, the term:
94	(a)  "Entity" means a municipality or other public entity
95	that is authorized by law to operate a charter school; a
96	private, nonprofit corporation with tax-exempt status under s.
97	501(c)(3) of the Internal Revenue Code; or a private, for-profit
98	education management corporation.
99	(b)  "High-performing charter school system" means an
100	entity that:
101	1.  Operates at least three high-performing charter schools
102	in the state;
103	2.  Operates a system of charter schools in which at least
104	50 percent of the charter schools are high-performing charter
105	schools pursuant to s. 1002.331 and no charter school received a
106	school grade of "D" or "F" pursuant to s. 1008.34, except that:
107	a.  If the entity has assumed operation of a public school
108	pursuant to s. 1008.33(5)(a)3. with a school grade of "D" or
109	"F," that school's grade shall not be considered in determining
110	high-performing charter school system status for a period of 3
111	years.
112	b.  If the entity establishes a new charter school that
113	serves a student population the majority of which resides in a
114	school zone served by a public school that is identified as
115	lowest performing under s. 1008.33(4)(b), that charter school's
116	grade shall not be considered in determining high-performing
117	charter school system status if it attains and maintains a
118	school grade that is higher than that of the public school
119	serving that school zone within 3 years after establishment; and
120	3.  Has not received a financial audit that revealed one or
121	more of the financial emergency conditions set forth in s.
122	218.503(1) for any charter school assumed or established by the
123	entity.
124	(2)(a)  The Commissioner of Education, upon request by an
125	entity, shall verify that the entity meets the criteria in
126	subsection (1) for the prior school year and provide a letter to
127	the entity stating that it is a high-performing charter school
128	system.
129	(b)  A high-performing charter school system may replicate
130	its high-performing charter schools pursuant to s. 1002.331(3).
131	Section 3.  Paragraphs (b), (c), (e), and (f) of subsection
132	(6), subsection (7), paragraphs (b), (c), and (d) of subsection
133	(8), paragraph (g) of subsection (9), paragraphs (d) and (h) of
134	subsection (10), paragraph (a) of subsection (18), subsections
135	(19) and (22), and paragraph (b) of subsection (25) of section
136	1002.33, Florida Statutes, are amended, paragraph (i) is added
137	to subsection (10), subsection (26) is renumbered as subsection
138	(27), and a new subsection (26) is added to that section, to
139	read:
140	1002.33  Charter schools.-
141	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
142	applications are subject to the following requirements:
143	(b)  A sponsor shall receive and review all applications
144	for a charter school using an evaluation instrument developed by
145	the Department of Education. Beginning with the 2007-2008 school
146	year, A sponsor shall receive and consider charter school
147	applications received on or before August 1 of each calendar
148	year for charter schools to be opened at the beginning of the
149	school district's next school year, or to be opened at a time
150	agreed to by the applicant and the sponsor. A sponsor may
151	receive applications later than this date if it chooses. A
152	sponsor may not charge an applicant for a charter any fee for
153	the processing or consideration of an application, and a sponsor
154	may not base its consideration or approval of an application
155	upon the promise of future payment of any kind. Before approving
156	or denying any application, the sponsor shall allow the
157	applicant, upon receipt of written notification, at least 7
158	calendar days to make technical or nonsubstantive corrections
159	and clarifications, including, but not limited to, corrections
160	of grammatical, typographical, and like errors or missing
161	signatures, if such errors are identified by the sponsor as
162	cause to deny the application.
163	1.  In order to facilitate an accurate budget projection
164	process, a sponsor shall be held harmless for FTE students who
165	are not included in the FTE projection due to approval of
166	charter school applications after the FTE projection deadline.
167	In a further effort to facilitate an accurate budget projection,
168	within 15 calendar days after receipt of a charter school
169	application, a sponsor shall report to the Department of
170	Education the name of the applicant entity, the proposed charter
171	school location, and its projected FTE.
172	2.  In order to ensure fiscal responsibility, an
173	application for a charter school shall include a full accounting
174	of expected assets, a projection of expected sources and amounts
175	of income, including income derived from projected student
176	enrollments and from community support, and an expense
177	projection that includes full accounting of the costs of
178	operation, including start-up costs.
179	3.a.  A sponsor shall by a majority vote approve or deny an
180	application no later than 60 calendar days after the application
181	is received, unless the sponsor and the applicant mutually agree
182	in writing to temporarily postpone the vote to a specific date,
183	at which time the sponsor shall by a majority vote approve or
184	deny the application. If the sponsor fails to act on the
185	application, an applicant may appeal to the State Board of
186	Education as provided in paragraph (c). If an application is
187	denied, the sponsor shall, within 10 calendar days after such
188	denial, articulate in writing the specific reasons, based upon
189	good cause, supporting its denial of the charter application and
190	shall provide the letter of denial and supporting documentation
191	to the applicant and to the Department of Education supporting
192	those reasons.
193	b.  An application submitted by a high-performing charter
194	school identified pursuant to s. 1002.331 may be denied by the
195	sponsor only if the sponsor demonstrates by clear and convincing
196	evidence that:
197	(I)  The application does not materially comply with the
198	requirements in paragraph (a);
199	(II)  The charter school proposed in the application does
200	not materially comply with the requirements in paragraphs
201	(9)(a)-(f);
202	(III)  The proposed charter school's educational program
203	does not substantially replicate that of the applicant or one of
204	the applicant's high-performing charter schools;
205	(IV)  The applicant has made a material misrepresentation
206	or false statement or concealed an essential or material fact
207	during the application process; or
208	(V)  The proposed charter school's educational program and
209	financial management practices do not materially comply with the
210	requirements of this section.
211
212	Material noncompliance is a failure to follow requirements or a
213	violation of prohibitions applicable to charter school
214	applications, which failure is quantitatively or qualitatively
215	significant either individually or when aggregated with other
216	noncompliance. An applicant is considered to be replicating a
217	high-performing charter school if the proposed school is
218	substantially similar to at least one of the applicant's high-
219	performing charter schools and the organization or individuals
220	involved in the establishment and operation of the proposed
221	school are significantly involved in the operation of replicated
222	schools.
223	c.  If the sponsor denies an application submitted by a
224	high-performing charter school, the sponsor must, within 10
225	calendar days after such denial, state in writing the specific
226	reasons, based upon the criteria in sub-subparagraph b.,
227	supporting its denial of the application and must provide the
228	letter of denial and supporting documentation to the applicant
229	and to the Department of Education. The applicant may appeal the
230	sponsor's denial of the application directly to the State Board
231	of Education pursuant to sub-subparagraph (c)3.b.
232	4.  For budget projection purposes, the sponsor shall
233	report to the Department of Education the approval or denial of
234	a charter application within 10 calendar days after such
235	approval or denial. In the event of approval, the report to the
236	Department of Education shall include the final projected FTE
237	for the approved charter school.
238	5.  Upon approval of a charter application, the initial
239	startup shall commence with the beginning of the public school
240	calendar for the district in which the charter is granted unless
241	the sponsor allows a waiver of this subparagraph for good cause.
242	(c)1.  An applicant may appeal any denial of that
243	applicant's application or failure to act on an application to
244	the State Board of Education no later than 30 calendar days
245	after receipt of the sponsor's decision or failure to act and
246	shall notify the sponsor of its appeal. Any response of the
247	sponsor shall be submitted to the State Board of Education
248	within 30 calendar days after notification of the appeal. Upon
249	receipt of notification from the State Board of Education that a
250	charter school applicant is filing an appeal, the Commissioner
251	of Education shall convene a meeting of the Charter School
252	Appeal Commission to study and make recommendations to the State
253	Board of Education regarding its pending decision about the
254	appeal. The commission shall forward its recommendation to the
255	state board no later than 7 calendar days prior to the date on
256	which the appeal is to be heard.
257	2.  The Charter School Appeal Commission may reject an
258	appeal submission for failure to comply with procedural rules
259	governing the appeals process. The rejection shall describe the
260	submission errors. The appellant shall have 15 calendar days
261	after notice of rejection in which to resubmit an appeal that
262	meets the requirements set forth in State Board of Education
263	rule. An appeal submitted subsequent to such rejection is
264	considered timely if the original appeal was filed within 30
265	calendar days after receipt of notice of the specific reasons
266	for the sponsor's denial of the charter application.
267	3.a.  The State Board of Education shall by majority vote
268	accept or reject the decision of the sponsor no later than 90
269	calendar days after an appeal is filed in accordance with State
270	Board of Education rule. The Charter School Appeal Commission
271	may reject an appeal submission for failure to comply with
272	procedural rules governing the appeals process. The rejection
273	shall describe the submission errors. The appellant may have up
274	to 15 calendar days from notice of rejection to resubmit an
275	appeal that meets requirements of State Board of Education rule.
276	An application for appeal submitted subsequent to such rejection
277	shall be considered timely if the original appeal was filed
278	within 30 calendar days after receipt of notice of the specific
279	reasons for the sponsor's denial of the charter application. The
280	State Board of Education shall remand the application to the
281	sponsor with its written decision that the sponsor approve or
282	deny the application. The sponsor shall implement the decision
283	of the State Board of Education. The decision of the State Board
284	of Education is not subject to the provisions of the
285	Administrative Procedure Act, chapter 120.
286	b.  If an appeal concerns an application submitted by a
287	high-performing charter school identified pursuant to s.
288	1002.331, the State Board of Education shall determine whether
289	the sponsor has shown, by clear and convincing evidence, that:
290	(I)  The application does not materially comply with the
291	requirements in paragraph (a);
292	(II)  The charter school proposed in the application does
293	not materially comply with the requirements in paragraphs
294	(9)(a)-(f);
295	(III)  The proposed charter school's educational program
296	does not substantially replicate that of the applicant or one of
297	the applicant's high-performing charter schools;
298	(IV)  The applicant has made a material misrepresentation
299	or false statement or concealed an essential or material fact
300	during the application process; or
301	(V)  The proposed charter school's educational program and
302	financial management practices do not materially comply with the
303	requirements of this section.
304
305	The State Board of Education shall approve or reject the
306	sponsor's denial of an application no later than 90 calendar
307	days after an appeal is filed in accordance with State Board of
308	Education rule. The State Board of Education shall remand the
309	application to the sponsor with its written decision that the
310	sponsor approve or deny the application. The sponsor shall
311	implement the decision of the State Board of Education. The
312	decision of the State Board of Education is not subject to the
313	Administrative Procedure Act, chapter 120.
314	(e)1.  A Charter School Appeal Commission is established to
315	assist the commissioner and the State Board of Education with a
316	fair and impartial review of appeals by applicants whose charter
317	applications have been denied, whose charter contracts have not
318	been renewed, or whose charter contracts have been terminated by
319	their sponsors.
320	2.  The Charter School Appeal Commission may receive copies
321	of the appeal documents forwarded to the State Board of
322	Education, review the documents, gather other applicable
323	information regarding the appeal, and make a written
324	recommendation to the commissioner. The recommendation must
325	state whether the appeal should be upheld or denied and include
326	the reasons for the recommendation being offered. The
327	commissioner shall forward the recommendation to the State Board
328	of Education no later than 7 calendar days prior to the date on
329	which the appeal is to be heard. The state board must consider
330	the commission's recommendation in making its decision, but is
331	not bound by the recommendation. The decision of the Charter
332	School Appeal Commission is not subject to the provisions of the
333	Administrative Procedure Act, chapter 120.
334	3.  The commissioner shall appoint a number of the members
335	to of the Charter School Appeal Commission sufficient to ensure
336	that no potential conflict of interest exists for any commission
337	appeal decision. Members shall serve without compensation but
338	may be reimbursed for travel and per diem expenses in
339	conjunction with their service. Of the members hearing the
340	appeal, one-half of the members must represent currently
341	operating charter schools, and one-half of the members must
342	represent sponsors. The commissioner or a named designee shall
343	chair the Charter School Appeal Commission.
344	4.  The chair shall convene meetings of the commission and
345	shall ensure that the written recommendations are completed and
346	forwarded in a timely manner. In cases where the commission
347	cannot reach a decision, the chair shall make the written
348	recommendation with justification, noting that the decision was
349	rendered by the chair.
350	5.  Commission members shall thoroughly review the
351	materials presented to them from the appellant and the sponsor.
352	The commission may request information to clarify the
353	documentation presented to it. In the course of its review, the
354	commission may facilitate the postponement of an appeal in those
355	cases where additional time and communication may negate the
356	need for a formal appeal and both parties agree, in writing, to
357	postpone the appeal to the State Board of Education. A new date
358	certain for the appeal shall then be set based upon the rules
359	and procedures of the State Board of Education. Commission
360	members shall provide a written recommendation to the state
361	board as to whether the appeal should be upheld or denied. A
362	fact-based justification for the recommendation must be
363	included. The chair must ensure that the written recommendation
364	is submitted to the State Board of Education members no later
365	than 7 calendar days prior to the date on which the appeal is to
366	be heard. Both parties in the case shall also be provided a copy
367	of the recommendation.
368	(f)1.  The Department of Education shall provide offer or
369	arrange for training and technical assistance to charter schools
370	school applicants in developing and adjusting business plans and
371	accounting for estimating costs and income. Training and
372	technical This assistance shall also address, at a minimum,
373	state and federal grant and student performance accountability
374	reporting requirements and provide assistance in estimating
375	startup costs, projecting enrollment, and identifying and
376	applying for the types and amounts of state and federal
377	financial assistance the charter school may be eligible to
378	receive. The department may provide other technical assistance
379	to an applicant upon written request.
380	2.  A charter school applicant must participate in the
381	training provided by the Department of Education after approval
382	of an application but at least 30 calendar days before the first
383	day of classes at the charter school before filing an
384	application. However, a sponsor may require the charter school
385	applicant to attend training provided by the sponsor in lieu of
386	the department's training if the sponsor's training standards
387	meet or exceed the standards developed by the department of
388	Education. In such case, the sponsor may not require the charter
389	school applicant to attend the training within 30 calendar days
390	before the first day of classes at the charter school. The
391	training must shall include instruction in accurate financial
392	planning and good business practices. If the applicant is a
393	management company or a other nonprofit organization, the
394	charter school principal and the chief financial officer or his
395	or her equivalent must also participate in the training. A
396	sponsor may not require a high-performing charter school or
397	high-performing charter school system applicant to participate
398	in the training described in this subparagraph more than once.
399	(7)  CHARTER.-The major issues involving the operation of a
400	charter school shall be considered in advance and written into
401	the charter. The charter shall be signed by the governing board
402	body of the charter school and the sponsor, following a public
403	hearing to ensure community input.
404	(a)  The charter shall address and criteria for approval of
405	the charter shall be based on:
406	1.  The school's mission, the students to be served, and
407	the ages and grades to be included.
408	2.  The focus of the curriculum, the instructional methods
409	to be used, any distinctive instructional techniques to be
410	employed, and identification and acquisition of appropriate
411	technologies needed to improve educational and administrative
412	performance which include a means for promoting safe, ethical,
413	and appropriate uses of technology which comply with legal and
414	professional standards. The charter shall ensure that reading is
415	a primary focus of the curriculum and that resources are
416	provided to identify and provide specialized instruction for
417	students who are reading below grade level. The curriculum and
418	instructional strategies for reading must be consistent with the
419	Sunshine State Standards and grounded in scientifically based
420	reading research.
421	3.  The current incoming baseline standard of student
422	academic achievement, the outcomes to be achieved, and the
423	method of measurement that will be used. The criteria listed in
424	this subparagraph shall include a detailed description of:
425	a.  How the baseline student academic achievement levels
426	and prior rates of academic progress will be established.
427	b.  How these baseline rates will be compared to rates of
428	academic progress achieved by these same students while
429	attending the charter school.
430	c.  To the extent possible, how these rates of progress
431	will be evaluated and compared with rates of progress of other
432	closely comparable student populations.
433
434	The district school board is required to provide academic
435	student performance data to charter schools for each of their
436	students coming from the district school system, as well as
437	rates of academic progress of comparable student populations in
438	the district school system.
439	4.  The methods used to identify the educational strengths
440	and needs of students and how well educational goals and
441	performance standards are met by students attending the charter
442	school. The methods shall provide a means for the charter school
443	to ensure accountability to its constituents by analyzing
444	student performance data and by evaluating the effectiveness and
445	efficiency of its major educational programs. Students in
446	charter schools shall, at a minimum, participate in the
447	statewide assessment program created under s. 1008.22.
448	5.  In secondary charter schools, a method for determining
449	that a student has satisfied the requirements for graduation in
450	s. 1003.428, s. 1003.429, or s. 1003.43.
451	6.  A method for resolving conflicts between the governing
452	board body of the charter school and the sponsor.
453	7.  The admissions procedures and dismissal procedures,
454	including the school's code of student conduct.
455	8.  The ways by which the school will achieve a
456	racial/ethnic balance reflective of the community it serves or
457	within the racial/ethnic range of other public schools in the
458	same school district.
459	9.  The financial and administrative management of the
460	school, including a reasonable demonstration of the professional
461	experience or competence of those individuals or organizations
462	applying to operate the charter school or those hired or
463	retained to perform such professional services and the
464	description of clearly delineated responsibilities and the
465	policies and practices needed to effectively manage the charter
466	school. A description of internal audit procedures and
467	establishment of controls to ensure that financial resources are
468	properly managed must be included. Both public sector and
469	private sector professional experience shall be equally valid in
470	such a consideration.
471	10.  The asset and liability projections required in the
472	application which are incorporated into the charter and shall be
473	compared with information provided in the annual report of the
474	charter school.
475	11.  A description of procedures that identify various
476	risks and provide for a comprehensive approach to reduce the
477	impact of losses; plans to ensure the safety and security of
478	students and staff; plans to identify, minimize, and protect
479	others from violent or disruptive student behavior; and the
480	manner in which the school will be insured, including whether or
481	not the school will be required to have liability insurance,
482	and, if so, the terms and conditions thereof and the amounts of
483	coverage.
484	12.  The term of the charter which shall provide for
485	cancellation of the charter if insufficient progress has been
486	made in attaining the student achievement objectives of the
487	charter and if it is not likely that such objectives can be
488	achieved before expiration of the charter. The initial term of a
489	charter shall be for 4 or 5 years. In order to facilitate access
490	to long-term financial resources for charter school
491	construction, charter schools that are operated by a
492	municipality or other public entity as provided by law are
493	eligible for up to a 15-year charter, subject to approval by the
494	district school board. A charter lab school is eligible for a
495	charter for a term of up to 15 years. In addition, to facilitate
496	access to long-term financial resources for charter school
497	construction, charter schools that are operated by a private,
498	not-for-profit, s. 501(c)(3) status corporation are eligible for
499	up to a 15-year charter, subject to approval by the district
500	school board. Such long-term charters remain subject to annual
501	review and may be terminated during the term of the charter, but
502	only according to the provisions set forth in subsection (8).
503	13.  The facilities to be used and their location.
504	14.  The qualifications to be required of the teachers and
505	the potential strategies used to recruit, hire, train, and
506	retain qualified staff to achieve best value.
507	15.  The governance structure of the school, including the
508	status of the charter school as a public or private employer as
509	required in paragraph (12)(i).
510	16.  A timetable for implementing the charter which
511	addresses the implementation of each element thereof and the
512	date by which the charter shall be awarded in order to meet this
513	timetable.
514	17.  In the case of an existing public school that is being
515	converted to charter status, alternative arrangements for
516	current students who choose not to attend the charter school and
517	for current teachers who choose not to teach in the charter
518	school after conversion in accordance with the existing
519	collective bargaining agreement or district school board rule in
520	the absence of a collective bargaining agreement. However,
521	alternative arrangements shall not be required for current
522	teachers who choose not to teach in a charter lab school, except
523	as authorized by the employment policies of the state university
524	which grants the charter to the lab school.
525	18.  Full disclosure of the identity of all relatives
526	employed by the charter school who are related to the charter
527	school owner, president, chairperson of the governing board of
528	directors, superintendent, governing board member, principal,
529	assistant principal, or any other person employed by the charter
530	school who has equivalent decisionmaking authority. For the
531	purpose of this subparagraph, the term "relative" means father,
532	mother, son, daughter, brother, sister, uncle, aunt, first
533	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
534	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
535	stepfather, stepmother, stepson, stepdaughter, stepbrother,
536	stepsister, half brother, or half sister.
537	19.  Implementation of the activities authorized under s.
538	1002.331 by the charter school when it satisfies the eligibility
539	requirements for a high-performing charter school. A high-
540	performing charter school shall notify its sponsor in writing by
541	March 1 if it intends to increase enrollment or expand grade
542	levels the following school year. The written notice shall
543	specify the amount of the enrollment increase and the grade
544	levels that will be added, as applicable.
545	(b)1.  A charter may be renewed provided that a program
546	review demonstrates that the criteria in paragraph (a) have been
547	successfully accomplished and that none of the grounds for
548	nonrenewal established by paragraph (8)(a) has been documented.
549	In order to facilitate long-term financing for charter school
550	construction, charter schools operating for a minimum of 3 years
551	and demonstrating exemplary academic programming and fiscal
552	management are eligible for a 15-year charter renewal. Such
553	long-term charter is subject to annual review and may be
554	terminated during the term of the charter.
555	2.  The 15-year charter renewal that may be granted
556	pursuant to subparagraph 1. shall be granted to a charter school
557	that has received a school grade of "A" or "B" pursuant to s.
558	1008.34 in 3 of the past 4 years and is not in a state of
559	financial emergency or deficit position as defined by this
560	section. Such long-term charter is subject to annual review and
561	may be terminated during the term of the charter pursuant to
562	subsection (8).
563	(c)  A charter may be modified during its initial term or
564	any renewal term upon the recommendation of the sponsor or the
565	charter school's school governing board and the approval of both
566	parties to the agreement.
567	(d)1.  Each charter school's governing board must appoint a
568	representative to facilitate parental involvement, provide
569	access to information, assist parents and others with questions
570	and concerns, and resolve disputes. The representative must
571	reside in the school district in which the charter school is
572	located and may be a governing board member, charter school
573	employee, or individual contracted to represent the governing
574	board. If the governing board oversees multiple charter schools
575	in the same school district, the governing board must appoint a
576	separate individual representative for each charter school in
577	the district. The representative's contact information must be
578	provided annually in writing to parents and posted prominently
579	on the charter school's website if a website is maintained by
580	the school. The sponsor may not require that governing board
581	members reside in the school district in which the charter
582	school is located if the charter school complies with this
583	paragraph.
584	2.  Each charter school's governing board must hold at
585	least two public meetings per school year in the school
586	district. The meetings must be noticed, open, and accessible to
587	the public, and attendees must be provided an opportunity to
588	receive information and provide input regarding the charter
589	school's operations. The appointed representative and charter
590	school principal or director, or his or her equivalent, must be
591	physically present at each meeting.
592	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-
593	(b)  At least 90 days prior to renewing or terminating a
594	charter, the sponsor shall notify the governing board body of
595	the school of the proposed action in writing. The notice shall
596	state in reasonable detail the grounds for the proposed action
597	and stipulate that the school's governing board body may, within
598	14 calendar days after receiving the notice, request a an
599	informal hearing. The hearing shall be conducted at the
600	sponsor's election in accordance with one of the following
601	procedures:
602	1.  A direct hearing conducted by the sponsor within 60
603	days after receipt of the request for a hearing. The hearing
604	shall be conducted in accordance with ss. 120.569 and 120.57.
605	The sponsor shall decide upon nonrenewal or termination by a
606	majority vote. The sponsor's decision shall be a final order; or
607	2.  A hearing conducted by an administrative law judge
608	assigned by the Division of Administrative Hearings. The hearing
609	shall be conducted within 60 days after receipt of the request
610	for a hearing and in accordance with chapter 120. The
611	administrative law judge's recommended order shall be submitted
612	to the sponsor. A majority vote by the sponsor shall be required
613	to adopt or modify the administrative law judge's recommended
614	order. The sponsor shall issue a final order before the sponsor.
615	The sponsor shall conduct the informal hearing within 30
616	calendar days after receiving a written request.
617	(c)  The final order shall state the specific reasons for
618	the sponsor's decision. The sponsor shall provide its final
619	order to the charter school's governing board and the Department
620	of Education no later than 10 calendar days after its issuance.
621	If a charter is not renewed or is terminated pursuant to
622	paragraph (b), the sponsor shall, within 10 calendar days,
623	articulate in writing the specific reasons for its nonrenewal or
624	termination of the charter and must provide the letter of
625	nonrenewal or termination and documentation supporting the
626	reasons to the charter school governing body, the charter school
627	principal, and the Department of Education. The charter school's
628	governing board body may, within 30 calendar days after
629	receiving the sponsor's final order written decision to refuse
630	to renew or to terminate the charter, appeal the decision
631	pursuant to s. 120.68 the procedure established in subsection
632	(6).
633	(d)  A charter may be terminated immediately if the sponsor
634	sets forth in writing the particular facts and circumstances
635	indicating that an immediate and serious danger to determines
636	that good cause has been shown or if the health, safety, or
637	welfare of the charter school's students exists is threatened.
638	The sponsor's determination is not subject to the procedures set
639	forth in paragraphs an informal hearing under paragraph (b) and
640	(c), except that the hearing may take place after the charter
641	has been terminated or pursuant to chapter 120. The sponsor
642	shall notify in writing the charter school's governing board
643	body, the charter school principal, and the department if a
644	charter is immediately terminated immediately. The sponsor shall
645	clearly identify the specific issues that resulted in the
646	immediate termination and provide evidence of prior notification
647	of issues resulting in the immediate termination when
648	appropriate. Upon receiving written notice from the sponsor, the
649	charter school's governing board has 10 calendar days to request
650	a hearing. A requested hearing must be expedited and the final
651	order must be issued within 60 days after the date of request.
652	The sponsor shall assume operation of the charter school
653	throughout the pendency of the hearing under paragraphs (b) and
654	(c) unless the continued operation of the charter school would
655	materially threaten the health, safety, or welfare of the
656	students. Failure by the sponsor to assume and continue
657	operation of the charter school shall result in the awarding of
658	reasonable costs and attorney's fees to the charter school if
659	the charter school prevails on appeal. The school district in
660	which the charter school is located shall assume operation of
661	the school under these circumstances. The charter school's
662	governing board may, within 30 days after receiving the
663	sponsor's decision to terminate the charter, appeal the decision
664	pursuant to the procedure established in subsection (6).
665	(9)  CHARTER SCHOOL REQUIREMENTS.-
666	(g)  In order to provide financial information that is
667	comparable to that reported for other public schools, charter
668	schools are to maintain all financial records that constitute
669	their accounting system:
670	1.  In accordance with the accounts and codes prescribed in
671	the most recent issuance of the publication titled "Financial
672	and Program Cost Accounting and Reporting for Florida Schools";
673	or
674	2.  At the discretion of the charter school's school
675	governing board, a charter school may elect to follow generally
676	accepted accounting standards for not-for-profit organizations,
677	but must reformat this information for reporting according to
678	this paragraph.
679
680	Charter schools shall provide annual financial report and
681	program cost report information in the state-required formats
682	for inclusion in district reporting in compliance with s.
683	1011.60(1). Charter schools that are operated by a municipality
684	or are a component unit of a parent nonprofit organization may
685	use the accounting system of the municipality or the parent but
686	must reformat this information for reporting according to this
687	paragraph. A charter school shall provide a monthly financial
688	statement to the sponsor unless the charter school is designated
689	as a high-performing charter school pursuant to s. 1002.331, in
690	which case the high-performing charter school may provide a
691	quarterly financial statement. The monthly financial statement
692	required under this paragraph shall be in a form prescribed by
693	the Department of Education.
694	(10)  ELIGIBLE STUDENTS.-
695	(d)  A charter school may give enrollment preference to the
696	following student populations:
697	1.  Students who are siblings of a student enrolled in the
698	charter school.
699	2.  Students who are the children of a member of the
700	governing board of the charter school.
701	3.  Students who are the children of an employee of the
702	charter school.
703	4.  Students who are the children of:
704	a.  An employee of the business partner of a charter
705	school-in-the-workplace established under paragraph (15)(b) or a
706	resident of the municipality in which such charter school is
707	located; or
708	b.  A resident of a municipality that operates a charter
709	school-in-a-municipality pursuant to paragraph (15)(c).
710	5.  Students who have successfully completed a voluntary
711	prekindergarten education program under ss. 1002.51-1002.79
712	provided by the charter school or the charter school's governing
713	board during the previous year.
714	6.  Students who are the children of an active-duty member
715	of any branch of the United States Armed Forces.
716	(h)  The capacity of the charter school shall be determined
717	annually by the governing board, in conjunction with the
718	sponsor, of the charter school in consideration of the factors
719	identified in this subsection unless the charter school is
720	designated as a high-performing charter school pursuant to s.
721	1002.331. A sponsor may not require a charter school to waive
722	the provisions of s. 1002.331 or require a student enrollment
723	cap that prohibits a high-performing charter school from
724	increasing enrollment in accordance with s. 1002.331(2) as a
725	condition of approval or renewal of a charter.
726	(i)  The capacity of a high-performing charter school
727	identified pursuant to s. 1002.331 shall be determined annually
728	by the governing board of the charter school. The governing
729	board shall notify the sponsor of any increase in enrollment by
730	March 1 of the school year preceding the increase.
731	(18)  FACILITIES.-
732	(a)  A startup charter school shall utilize facilities
733	which comply with the Florida Building Code pursuant to chapter
734	553 except for the State Requirements for Educational
735	Facilities. Conversion charter schools shall utilize facilities
736	that comply with the State Requirements for Educational
737	Facilities provided that the school district and the charter
738	school have entered into a mutual management plan for the
739	reasonable maintenance of such facilities. The mutual management
740	plan shall contain a provision by which the district school
741	board agrees to maintain charter school facilities in the same
742	manner as its other public schools within the district. Charter
743	schools, with the exception of conversion charter schools, are
744	not required to comply, but may choose to comply, with the State
745	Requirements for Educational Facilities of the Florida Building
746	Code adopted pursuant to s. 1013.37. The local governing
747	authority shall not adopt or impose any local building
748	requirements or site-development restrictions, such as parking
749	and site-size criteria, that are addressed by and more stringent
750	than those found in the State Requirements for Educational
751	Facilities of the Florida Building Code. Beginning July 1, 2011,
752	a local governing authority must treat charter schools equitably
753	in comparison to similar requirements, restrictions, and
754	processes imposed upon public schools that are not charter
755	schools. The agency having jurisdiction for inspection of a
756	facility and issuance of a certificate of occupancy or use shall
757	be the local municipality or, if in an unincorporated area, the
758	county governing authority.
759	(19)  CAPITAL OUTLAY FUNDING.-Charter schools are eligible
760	for capital outlay funds pursuant to s. 1013.62. Capital outlay
761	funds authorized in ss. s. 1011.71(2) and 1013.62 that have been
762	shared with a charter school-in-the-workplace prior to July 1,
763	2010, are deemed to have met the authorized expenditure
764	requirements for such funds.
765	(22)  FACILITIES SHARED BY CHARTER SCHOOLS CHARTER SCHOOL
766	REVIEW PANEL AND LEGISLATIVE REVIEW.-
767	(a)  If a charter school moves out of a facility that is
768	shared with another charter school having a separate Master
769	School Identification Number, the charter school must provide
770	for an audit of all equipment, educational materials and
771	supplies, curriculum materials, and other items purchased or
772	developed with federal charter school program grant funds, and
773	such items must be transferred to the charter school's new
774	location. The audit report must be submitted to the Department
775	of Education within 60 days after completion.
776	(b)  A charter school may not transfer an enrolled student
777	to another charter school having a separate Master School
778	Identification Number without first obtaining the written
779	approval of the student's parent.
780	(a)  The Department of Education shall staff and regularly
781	convene a Charter School Review Panel in order to review issues,
782	practices, and policies regarding charter schools. The
783	composition of the review panel shall include individuals with
784	experience in finance, administration, law, education, and
785	school governance, and individuals familiar with charter school
786	construction and operation. The panel shall include two
787	appointees each from the Commissioner of Education, the
788	President of the Senate, and the Speaker of the House of
789	Representatives. The Governor shall appoint three members of the
790	panel and shall designate the chair. Each member of the panel
791	shall serve a 1-year term, unless renewed by the office making
792	the appointment. The panel shall make recommendations to the
793	Legislature, to the Department of Education, to charter schools,
794	and to school districts for improving charter school operations
795	and oversight and for ensuring best business practices at and
796	fair business relationships with charter schools.
797	(b)  The Legislature shall review the operation of charter
798	schools during the 2010 Regular Session of the Legislature.
799	(25)  STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.-
800	(b)  A member of a governing board of a charter school
801	operated by a municipality or other public entity is subject to
802	s. 112.3145 112.3144, which relates to the disclosure of
803	financial interests.
804	(26)  LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
805	SCHOOL SYSTEMS.-A charter school system shall be designated a
806	local educational agency solely for the purpose of receiving
807	federal funds, in the same manner as if the charter school
808	system were a school district, if the governing board of the
809	charter school system has adopted and filed a resolution with
810	its sponsoring district school board and the Department of
811	Education in which the governing board accepts full
812	responsibility for all local educational agency requirements and
813	if the charter school system meets all of the following:
814	(a)  Includes both conversion charter schools and
815	nonconversion charter schools;
816	(b)  Has all schools located in the same county;
817	(c)  Has a total enrollment exceeding the total enrollment
818	of at least one school district in the state;
819	(d)  Has the same governing board; and
820	(e)  Does not contract with a for-profit service provider
821	for management of school operations.
822
823	Such designation does not apply to other provisions of law
824	unless specifically provided by law.
825	Section 4.  (1)  For the 2011-2012 fiscal year, the
826	Department of Education shall:
827	(a)  Identify the school districts that distribute funds or
828	provide facilities, renovation, or new construction with funds
829	generated by the capital improvement millage authorized under s.
830	1011.71(2), Florida Statutes, to charter schools and the use of
831	such funds by the charter schools.
832	(b)  Examine the costs associated with supervising charter
833	schools and determine whether the 5-percent administrative fee
834	for administrative and educational services for charter schools
835	covers the costs associated with the provision of the services.
836	(c)  Examine the distribution of federal education funding
837	to eligible students who are enrolled in charter schools,
838	including, without limitation, funding provided under Title I of
839	the Elementary and Secondary Education Act and the Individuals
840	with Disabilities Education Act.
841	(d)  Examine the impacts of removing the discretion given
842	to school districts regarding the distribution of capital
843	improvement millage authorized under s. 1011.71(2), Florida
844	Statutes, to charter schools-in-a-municipality as set forth in
845	s. 1002.33(15)(c), Florida Statutes.
846	(2)  The Department of Education shall report its findings
847	to the Governor, the President of the Senate, and the Speaker of
848	the House of Representatives no later than January 1, 2012.
849	Section 5.  Section 1002.33(7)(d), Florida Statutes, as
850	created by this act, controls over s. 1002.33(7)(d), Florida
851	Statutes, as created by CS/CS/HB 7197, if both acts are adopted
852	in the same legislative session or an extension thereof and
853	become law.
854	Section 6.  This act shall take effect July 1, 2011.
855
856
857	-----------------------------------------------------
858	T I T L E  A M E N D M E N T
859	Remove the entire title and insert:
860	A bill to be entitled
861	An act relating to school choice; creating s. 1002.331, F.S.;
862	establishing criteria for high-performing charter schools;
863	authorizing a high-performing charter school to increase
864	enrollment, expand grade levels served, submit a quarterly
865	financial statement, consolidate the charters of certain charter
866	schools, and receive certain modification or renewal of its
867	charter; authorizing a high-performing charter school to apply
868	to establish a charter school that replicates its educational
869	program; providing application requirements; limiting the number
870	of charter schools that may be established; requiring
871	eligibility verification by the Commissioner of Education;
872	creating s. 1002.332, F.S.; providing definitions; establishing
873	criteria for high-performing charter school systems; providing
874	for eligibility verification by the Commissioner of Education;
875	authorizing a high-performing charter school system to replicate
876	its high-performing charter schools; amending s. 1002.33, F.S.;
877	requiring a charter school sponsor to allow a charter school
878	applicant to correct technical deficiencies in its application
879	before approval or denial; establishing standards for sponsor
880	review of a charter school application submitted by a high-
881	performing charter school; authorizing direct appeal to the
882	State Board of Education of a denial of an application;
883	establishing standards for reviewing such an appeal; revising
884	applicant training requirements; requiring inclusion in the
885	charter of procedures relating to high-performing charter
886	schools; requiring charter school governing boards to appoint
887	representatives; providing meeting requirements; revising the
888	procedure for nonrenewal or termination of a charter;
889	authorizing a charter school's governing board to request a
890	hearing regarding charter nonrenewal or termination, including
891	immediate termination; authorizing the sponsor to choose to
892	provide a direct hearing or a hearing before an administrative
893	law judge; authorizing the award of costs and attorney's fees to
894	a charter school if certain criteria are met; authorizing
895	quarterly financial reporting for certain charter schools;
896	establishing additional student enrollment preferences;
897	prohibiting a sponsor from limiting or requiring waiver of
898	certain high-performing charter school benefits as a condition
899	of charter approval or renewal; providing that student capacity
900	of a high-performing charter school shall be determined annually
901	by the governing board; requiring the governing board to provide
902	notice of enrollment increases to the sponsor; revising
903	requirements relating to the imposition of requirements and
904	restrictions on charter school facilities; revising provisions
905	relating to charter school capital outlay funding; providing
906	requirements for charter schools using shared facilities;
907	deleting provisions relating to the Charter School Review Panel;
908	correcting a cross-reference relating to the disclosure of
909	financial interests; authorizing certain charter school systems
910	to be the local educational agency for administering federal
911	funding received by the system's schools; requiring the
912	Department of Education to examine certain charter school
913	funding and costs and report its findings to the Governor and
914	the Legislature; providing that certain provisions control with
915	respect to other legislation adopted in the same legislative
916	session or an extension thereof; providing an effective date.

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