| 1 | A bill to be entitled |
| 2 | An act relating to charter schools; amending s. 1002.33, |
| 3 | F.S.; providing a requirement for the composition of a |
| 4 | charter school's governing body; conforming cross- |
| 5 | references; providing for the shared use of facilities by |
| 6 | charter schools; providing requirements for the transfer |
| 7 | of enrolled students to certain charter schools; providing |
| 8 | conditions that render a charter school ineligible for |
| 9 | state implementation grant funds; providing capacity |
| 10 | restrictions; amending s. 1002.345, F.S.; conforming |
| 11 | cross-references; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraphs (j) through (o) of subsection (9) of |
| 16 | section 1002.33, Florida Statutes, are redesignated as |
| 17 | paragraphs (k) through (p), respectively, present paragraph (p) |
| 18 | is redesignated as paragraph (q) and amended, a new paragraph |
| 19 | (j) is added to that subsection, subsection (23) is amended, |
| 20 | subsection (26) is renumbered as subsection (27), and a new |
| 21 | subsection (26) is added to that section, to read: |
| 22 | 1002.33 Charter schools.- |
| 23 | (9) CHARTER SCHOOL REQUIREMENTS.- |
| 24 | (j) The majority of the members of the charter school's |
| 25 | governing body shall reside in the school district in which the |
| 26 | charter school is located. |
| 27 | (q)(p) The director and a representative of the governing |
| 28 | body of a graded charter school that has submitted a school |
| 29 | improvement plan or has been placed on probation under paragraph |
| 30 | (p) (o) shall appear before the sponsor or the sponsor's staff |
| 31 | at least once a year to present information regarding the |
| 32 | corrective strategies that are being implemented by the school |
| 33 | pursuant to the school improvement plan. The sponsor shall |
| 34 | communicate at the meeting, and in writing to the director, the |
| 35 | services provided to the school to help the school address its |
| 36 | deficiencies. |
| 37 | (23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.-Upon receipt |
| 38 | of the annual report required by paragraph (9)(l)(k), the |
| 39 | Department of Education shall provide to the State Board of |
| 40 | Education, the Commissioner of Education, the Governor, the |
| 41 | President of the Senate, and the Speaker of the House of |
| 42 | Representatives an analysis and comparison of the overall |
| 43 | performance of charter school students, to include all students |
| 44 | whose scores are counted as part of the statewide assessment |
| 45 | program, versus comparable public school students in the |
| 46 | district as determined by the statewide assessment program |
| 47 | currently administered in the school district, and other |
| 48 | assessments administered pursuant to s. 1008.22(3). |
| 49 | (26) SHARED USE OF FACILITIES BY CHARTER SCHOOLS.- |
| 50 | (a) A charter school may not transfer an enrolled student |
| 51 | to another charter school having a separate Master School |
| 52 | Identification Number (MSID) without first obtaining the written |
| 53 | approval of the student's parent. |
| 54 | (b) A charter school is ineligible for state |
| 55 | implementation grant funds during any period of time during |
| 56 | which it: |
| 57 | 1. Shares an educational facility with an existing charter |
| 58 | school having a separate Master School Identification Number |
| 59 | (MSID) and serving students in any of the grades offered by that |
| 60 | charter school; or |
| 61 | 2. Shares administrative, instructional, or support staff |
| 62 | with another charter school having a separate Master School |
| 63 | Identification Number (MSID) and operating within the same |
| 64 | educational facility. |
| 65 |
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| 66 | If a charter school has received state implementation grant |
| 67 | funds and subsequently becomes ineligible for such funds |
| 68 | pursuant to this paragraph, the charter school must return to |
| 69 | the state the prorated amount of such funds for any period of |
| 70 | ineligibility. |
| 71 | (c) If more than one charter school having separate Master |
| 72 | School Identification Numbers (MSIDs) is operated at an |
| 73 | educational facility, the combined student enrollment of those |
| 74 | charter schools and their combined projected student enrollments |
| 75 | may not exceed the capacity approved by building officials |
| 76 | having jurisdiction over the educational facility. |
| 77 | Section 2. Paragraph (d) of subsection (1) and paragraph |
| 78 | (b) of subsection (2) of section 1002.345, Florida Statutes, are |
| 79 | amended to read: |
| 80 | 1002.345 Determination of deteriorating financial |
| 81 | conditions and financial emergencies for charter schools and |
| 82 | charter technical career centers.-This section applies to |
| 83 | charter schools operating pursuant to s. 1002.33 and to charter |
| 84 | technical career centers operating pursuant to s. 1002.34. |
| 85 | (1) EXPEDITED REVIEW; REQUIREMENTS.- |
| 86 | (d) The governing board shall include the corrective |
| 87 | action plan and the status of its implementation in the annual |
| 88 | progress report to the sponsor which is required pursuant to s. |
| 89 | 1002.33(9)(l)(k) or s. 1002.34(14). |
| 90 | (2) FINANCIAL EMERGENCY; REQUIREMENTS.- |
| 91 | (b) The governing board shall include the financial |
| 92 | recovery plan and the status of its implementation in the annual |
| 93 | progress report to the sponsor which is required under s. |
| 94 | 1002.33(9)(l)(k) or s. 1002.34(14). |
| 95 | Section 3. This act shall take effect July 1, 2011. |