| 1 | A bill to be entitled |
| 2 | An act relating to charter schools; creating s. 1002.331, |
| 3 | F.S.; establishing criteria for high-performing charter |
| 4 | schools; authorizing a high-performing charter school to |
| 5 | increase enrollment, expand grade levels served, receive a |
| 6 | 15-year charter, and report financial statements on a |
| 7 | quarterly basis; authorizing a high-performing charter |
| 8 | school to apply to establish a charter school that |
| 9 | replicates its educational program; providing application |
| 10 | requirements; limiting the number of charter schools that |
| 11 | may be established; requiring eligibility verification by |
| 12 | the Commissioner of Education; creating s. 1002.332, F.S.; |
| 13 | providing definitions; establishing criteria for high- |
| 14 | performing charter school systems; providing for |
| 15 | eligibility verification by the Commissioner of Education; |
| 16 | authorizing a high-performing charter school system to |
| 17 | apply to establish a charter school that replicates the |
| 18 | educational program of one or more of its existing high- |
| 19 | performing charter schools; providing application |
| 20 | requirements; amending s. 1002.33, F.S.; requiring a |
| 21 | charter school sponsor to allow a charter school applicant |
| 22 | to correct technical deficiencies in its application |
| 23 | before approval or denial; establishing standards for |
| 24 | sponsor review of a charter school application submitted |
| 25 | by a high-performing charter school or high-performing |
| 26 | charter school system; authorizing direct appeal to the |
| 27 | State Board of Education of a denial of an application; |
| 28 | establishing standards for reviewing such an appeal; |
| 29 | revising applicant training requirements; requiring |
| 30 | inclusion in the charter of procedures relating to high- |
| 31 | performing charter schools; revising the procedure for |
| 32 | nonrenewal or termination of a charter; authorizing a |
| 33 | charter school's governing board to request a hearing |
| 34 | regarding charter nonrenewal or termination, including |
| 35 | immediate termination; authorizing the sponsor to choose |
| 36 | to provide a direct hearing or a hearing before an |
| 37 | administrative law judge; authorizing the award of costs |
| 38 | and attorney's fees to a charter school governing board if |
| 39 | certain criteria are met; authorizing quarterly financial |
| 40 | reporting for certain charter schools; establishing |
| 41 | additional enrollment preferences; correcting a cross- |
| 42 | reference relating to the disclosure of financial |
| 43 | interests; requiring the Department of Education to |
| 44 | examine certain charter school funding and costs and |
| 45 | report its findings to the Governor and the Legislature; |
| 46 | providing an effective date. |
| 47 |
|
| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
|
| 50 | Section 1. Section 1002.331, Florida Statutes, is created |
| 51 | to read: |
| 52 | 1002.331 High-performing charter schools.- |
| 53 | (1) A charter school is a high-performing charter school |
| 54 | if it: |
| 55 | (a) Received at least two school grades of "A" and no |
| 56 | school grade below "B," pursuant to s. 1008.34, during each of |
| 57 | the previous 3 school years. |
| 58 | (b) Received an unqualified opinion on each annual |
| 59 | financial audit required under s. 218.39 in the most recent 3 |
| 60 | fiscal years for which such audits are available. |
| 61 | (c) Did not receive a financial audit that revealed one or |
| 62 | more of the financial emergency conditions set forth in s. |
| 63 | 218.503(1) in the most recent 3 fiscal years for which such |
| 64 | audits are available. |
| 65 | (2) A high-performing charter school may: |
| 66 | (a) Increase its student enrollment once per school year |
| 67 | by up to 25 percent more than the capacity determined pursuant |
| 68 | to s. 1002.33(10)(h). |
| 69 | (b) Expand grade levels within kindergarten through grade |
| 70 | 12 to add grade levels not already served if any annual |
| 71 | enrollment increase resulting from grade level expansion is |
| 72 | within the limit established in paragraph (a). |
| 73 | (c) Submit a quarterly, rather than a monthly, financial |
| 74 | statement to the sponsor pursuant to s. 1002.33(9)(g). |
| 75 | (d) Be granted a 15-year charter. A 15-year charter is |
| 76 | subject to annual review by the sponsor and may be terminated |
| 77 | during its term pursuant to s. 1002.33(8). |
| 78 |
|
| 79 | A high-performing charter school shall notify its sponsor in |
| 80 | writing by March 1 if it intends to increase enrollment or |
| 81 | expand grade levels the following school year. |
| 82 | (3)(a) A high-performing charter school may submit an |
| 83 | application pursuant to s. 1002.33(6) in any school district in |
| 84 | this state to establish and operate a new charter school that |
| 85 | will substantially replicate its educational program. An |
| 86 | application submitted by a high-performing charter school must |
| 87 | state that the application is being submitted pursuant to this |
| 88 | paragraph and must include the letter provided by the |
| 89 | Commissioner of Education pursuant to subsection (4). If the |
| 90 | sponsor fails to act on the application within 60 days after |
| 91 | receipt, the application is deemed approved and the procedure in |
| 92 | s. 1002.33(6)(h) applies. If the sponsor denies the application, |
| 93 | the high-performing charter school may appeal pursuant to s. |
| 94 | 1002.33(6). |
| 95 | (b) A high-performing charter school may not establish |
| 96 | more than one charter school under paragraph (a) in any year. A |
| 97 | subsequent application to establish a charter school under |
| 98 | paragraph (a) may not be submitted unless each charter school |
| 99 | established in this manner achieves high-performing charter |
| 100 | school status. |
| 101 | (4) The Commissioner of Education, upon request by a |
| 102 | charter school, shall verify that the charter school meets the |
| 103 | criteria in subsection (1) and provide a letter to the charter |
| 104 | school and the sponsor stating that the charter school is a |
| 105 | high-performing charter school pursuant to this section. The |
| 106 | letter shall specify that the charter school may not increase |
| 107 | enrollment or expand grade levels following any school year in |
| 108 | which it receives a school grade of "C" or below. If the charter |
| 109 | school receives a school grade of "C" or below in any 2 years |
| 110 | during the term of a 15-year charter, the term of the charter |
| 111 | shall be modified by the sponsor and the charter school loses |
| 112 | its high-performing charter school status until it regains that |
| 113 | status under subsection (1). |
| 114 | Section 2. Section 1002.332, Florida Statutes, is created |
| 115 | to read: |
| 116 | 1002.332 High-performing charter school system.- |
| 117 | (1) For purposes of this section, the term: |
| 118 | (a) "Entity" means a municipality or other public entity |
| 119 | that is authorized by law to operate a charter school or is a |
| 120 | private, nonprofit corporation with tax-exempt status under s. |
| 121 | 501(c)(3) of the Internal Revenue Code. |
| 122 | (b) "High-performing charter school system" means an |
| 123 | entity that: |
| 124 | 1. Operates at least three high-performing charter schools |
| 125 | in the state. |
| 126 | 2. Operates a system of charter schools in which, during |
| 127 | each of the previous 3 school years, at least 50 percent of the |
| 128 | charter schools received a school grade of "A" and no charter |
| 129 | school received a school grade below "B," pursuant to s. |
| 130 | 1008.34. If the entity has assumed operation of a public school |
| 131 | with a school grade of "C" or below, that school's grade shall |
| 132 | not be considered in determining high-performing charter school |
| 133 | system status if the school improves by one grade level each |
| 134 | year until it achieves a grade of "B" or higher. |
| 135 | 3. Has not received a financial audit that revealed one or |
| 136 | more of the financial emergency conditions set forth in s. |
| 137 | 218.503(1) for any charter school created or started by the |
| 138 | entity. |
| 139 | (2)(a) The Commissioner of Education, upon request by an |
| 140 | entity, shall verify that the entity meets the criteria in |
| 141 | subsection (1) and provide a letter to the entity certifying |
| 142 | that it is a high-performing charter school system. |
| 143 | (b) A high-performing charter school system may submit an |
| 144 | application pursuant to s. 1002.33(6) in any school district in |
| 145 | the state to establish and operate a new charter school that |
| 146 | will substantially replicate the educational program of one or |
| 147 | more of its existing high-performing charter schools. An |
| 148 | application submitted by a high-performing charter school system |
| 149 | must state that the application is being submitted pursuant to |
| 150 | this paragraph and must include the letter provided by the |
| 151 | Commissioner of Education pursuant to paragraph (a). If the |
| 152 | sponsor fails to act on the application within 60 days after |
| 153 | receipt, the application is deemed approved and the procedure in |
| 154 | s. 1002.33(6)(h) applies. If the sponsor denies the application, |
| 155 | the high-performing charter school system may appeal pursuant to |
| 156 | s. 1002.33(6). |
| 157 | Section 3. Paragraphs (b), (c), and (f) of subsection (6), |
| 158 | subsection (7), paragraphs (b), (c), and (d) of subsection (8), |
| 159 | paragraph (g) of subsection (9), paragraph (d) of subsection |
| 160 | (10), and paragraph (b) of subsection (25) of section 1002.33, |
| 161 | Florida Statutes, are amended to read: |
| 162 | 1002.33 Charter schools.- |
| 163 | (6) APPLICATION PROCESS AND REVIEW.-Charter school |
| 164 | applications are subject to the following requirements: |
| 165 | (b) A sponsor shall receive and review all applications |
| 166 | for a charter school using an evaluation instrument developed by |
| 167 | the Department of Education. Beginning with the 2007-2008 school |
| 168 | year, A sponsor shall receive and consider charter school |
| 169 | applications received on or before August 1 of each calendar |
| 170 | year for charter schools to be opened at the beginning of the |
| 171 | school district's next school year, or to be opened at a time |
| 172 | agreed to by the applicant and the sponsor. A sponsor may |
| 173 | receive applications later than this date if it chooses. A |
| 174 | sponsor may not charge an applicant for a charter any fee for |
| 175 | the processing or consideration of an application, and a sponsor |
| 176 | may not base its consideration or approval of an application |
| 177 | upon the promise of future payment of any kind. |
| 178 | 1. In order to facilitate an accurate budget projection |
| 179 | process, a sponsor shall be held harmless for FTE students who |
| 180 | are not included in the FTE projection due to approval of |
| 181 | charter school applications after the FTE projection deadline. |
| 182 | In a further effort to facilitate an accurate budget projection, |
| 183 | within 15 calendar days after receipt of a charter school |
| 184 | application, a sponsor shall report to the Department of |
| 185 | Education the name of the applicant entity, the proposed charter |
| 186 | school location, and its projected FTE. |
| 187 | 2. In order to ensure fiscal responsibility, an |
| 188 | application for a charter school shall include a full accounting |
| 189 | of expected assets, a projection of expected sources and amounts |
| 190 | of income, including income derived from projected student |
| 191 | enrollments and from community support, and an expense |
| 192 | projection that includes full accounting of the costs of |
| 193 | operation, including start-up costs. |
| 194 | 3.a. A sponsor shall by a majority vote approve or deny an |
| 195 | application no later than 60 calendar days after the application |
| 196 | is received, unless the sponsor and the applicant mutually agree |
| 197 | in writing to temporarily postpone the vote to a specific date, |
| 198 | at which time the sponsor shall by a majority vote approve or |
| 199 | deny the application. Before approving or denying an |
| 200 | application, the sponsor must allow the applicant at least 7 |
| 201 | calendar days to correct technical errors, such as typographical |
| 202 | errors or missing signatures, if the errors are identified by |
| 203 | the sponsor as cause to deny the application. If the sponsor |
| 204 | fails to act on the application, an applicant may appeal to the |
| 205 | State Board of Education as provided in paragraph (c). If an |
| 206 | application is denied, the sponsor shall, within 10 calendar |
| 207 | days after such denial, articulate in writing the specific |
| 208 | reasons, based upon good cause, supporting its denial of the |
| 209 | charter application and shall provide the letter of denial and |
| 210 | supporting documentation to the applicant and to the Department |
| 211 | of Education supporting those reasons. |
| 212 | b. An application submitted by a high-performing charter |
| 213 | school identified pursuant to s. 1002.331 or a high-performing |
| 214 | charter school system identified pursuant to s. 1002.332 may be |
| 215 | denied by the sponsor only if the sponsor demonstrates clear and |
| 216 | convincing evidence that: |
| 217 | (I) The application does not materially comply with the |
| 218 | requirements in paragraph (a); |
| 219 | (II) The charter school proposed in the application does |
| 220 | not materially comply with the requirements in paragraphs |
| 221 | (9)(a)-(f); |
| 222 | (III) The proposed charter school's educational program |
| 223 | does not substantially replicate that of the applicant or one of |
| 224 | the applicant's high-performing charter schools; |
| 225 | (IV) The applicant has made a material misrepresentation |
| 226 | or false statement or concealed an essential or material fact |
| 227 | from any person during the application process; or |
| 228 | (V) The proposed charter school's educational program, |
| 229 | financial management practices, and method of doing business do |
| 230 | not meet the requirements of this section. |
| 231 |
|
| 232 | Material noncompliance is a failure to follow requirements or a |
| 233 | violation of prohibitions applicable to charter school |
| 234 | applications which is quantitatively or qualitatively |
| 235 | significant either individually or when aggregated with other |
| 236 | noncompliance. |
| 237 | c. If the sponsor denies an application submitted by a |
| 238 | high-performing charter school or a high-performing charter |
| 239 | school system, the sponsor must, within 10 calendar days after |
| 240 | such denial, state in writing the specific reasons, based upon |
| 241 | the criteria in sub-subparagraph b., supporting its denial of |
| 242 | the application and must provide the letter of denial and |
| 243 | supporting documentation to the applicant and to the Department |
| 244 | of Education. The applicant may appeal the sponsor's denial of |
| 245 | the application directly to the State Board of Education for |
| 246 | review pursuant to sub-subparagraph (c)3.b. |
| 247 | 4. For budget projection purposes, the sponsor shall |
| 248 | report to the Department of Education the approval or denial of |
| 249 | a charter application within 10 calendar days after such |
| 250 | approval or denial. In the event of approval, the report to the |
| 251 | Department of Education shall include the final projected FTE |
| 252 | for the approved charter school. |
| 253 | 5. Upon approval of a charter application, the initial |
| 254 | startup shall commence with the beginning of the public school |
| 255 | calendar for the district in which the charter is granted unless |
| 256 | the sponsor allows a waiver of this subparagraph for good cause. |
| 257 | (c)1. An applicant may appeal any denial of that |
| 258 | applicant's application or failure to act on an application to |
| 259 | the State Board of Education no later than 30 calendar days |
| 260 | after receipt of the sponsor's decision or failure to act and |
| 261 | shall notify the sponsor of its appeal. Any response of the |
| 262 | sponsor shall be submitted to the State Board of Education |
| 263 | within 30 calendar days after notification of the appeal. Upon |
| 264 | receipt of notification from the State Board of Education that a |
| 265 | charter school applicant is filing an appeal, the Commissioner |
| 266 | of Education shall convene a meeting of the Charter School |
| 267 | Appeal Commission to study and make recommendations to the State |
| 268 | Board of Education regarding its pending decision about the |
| 269 | appeal. The commission shall forward its recommendation to the |
| 270 | state board no later than 7 calendar days prior to the date on |
| 271 | which the appeal is to be heard. |
| 272 | 2. The Charter School Appeal Commission may reject an |
| 273 | appeal submission for failure to comply with procedural rules |
| 274 | governing the appeals process. The rejection shall describe the |
| 275 | submission errors. The appellant shall have 15 calendar days |
| 276 | after notice of rejection in which to resubmit an appeal that |
| 277 | meets the requirements set forth in State Board of Education |
| 278 | rule. An application for appeal submitted subsequent to such |
| 279 | rejection is considered timely if the original appeal was filed |
| 280 | within 30 calendar days after receipt of notice of the specific |
| 281 | reasons for the sponsor's denial of the charter application. |
| 282 | 3.a. The State Board of Education shall by majority vote |
| 283 | accept or reject the decision of the sponsor no later than 90 |
| 284 | calendar days after an appeal is filed in accordance with State |
| 285 | Board of Education rule. The Charter School Appeal Commission |
| 286 | may reject an appeal submission for failure to comply with |
| 287 | procedural rules governing the appeals process. The rejection |
| 288 | shall describe the submission errors. The appellant may have up |
| 289 | to 15 calendar days from notice of rejection to resubmit an |
| 290 | appeal that meets requirements of State Board of Education rule. |
| 291 | An application for appeal submitted subsequent to such rejection |
| 292 | shall be considered timely if the original appeal was filed |
| 293 | within 30 calendar days after receipt of notice of the specific |
| 294 | reasons for the sponsor's denial of the charter application. The |
| 295 | State Board of Education shall remand the application to the |
| 296 | sponsor with its written decision that the sponsor approve or |
| 297 | deny the application. The sponsor shall implement the decision |
| 298 | of the State Board of Education. The decision of the State Board |
| 299 | of Education is not subject to the provisions of the |
| 300 | Administrative Procedure Act, chapter 120. |
| 301 | b. If an appeal concerns an application submitted by a |
| 302 | high-performing charter school identified pursuant to s. |
| 303 | 1002.331 or a high-performing charter school system identified |
| 304 | pursuant to s. 1002.332, the State Board of Education shall |
| 305 | independently review the application to determine whether the |
| 306 | sponsor has shown clear and convincing evidence that: |
| 307 | (I) The application does not materially comply with the |
| 308 | requirements in paragraph (a); |
| 309 | (II) The charter school proposed in the application does |
| 310 | not materially comply with the requirements in paragraphs |
| 311 | (9)(a)-(f); |
| 312 | (III) The proposed charter school's educational program |
| 313 | does not substantially replicate that of the applicant or one of |
| 314 | the applicant's high-performing charter schools; |
| 315 | (IV) The applicant has made a material misrepresentation |
| 316 | or false statement or concealed an essential or material fact |
| 317 | from any person during the application process; or |
| 318 | (V) The proposed charter school's educational program, |
| 319 | financial management practices, and method of doing business do |
| 320 | not meet the requirements of this section. |
| 321 |
|
| 322 | The State Board of Education shall approve or reject the |
| 323 | sponsor's denial of an application no later than 90 calendar |
| 324 | days after an appeal is filed in accordance with State Board of |
| 325 | Education rule. The State Board of Education shall remand the |
| 326 | application to the sponsor with its written decision that the |
| 327 | sponsor approve or deny the application. The sponsor shall |
| 328 | implement the decision of the State Board of Education. The |
| 329 | decision of the State Board of Education is not subject to the |
| 330 | provisions of the Administrative Procedure Act, chapter 120. |
| 331 | (f)1. The Department of Education shall offer or arrange |
| 332 | for training and technical assistance to charter school |
| 333 | applicants in developing business plans and estimating costs and |
| 334 | income. This assistance shall address estimating startup costs, |
| 335 | projecting enrollment, and identifying the types and amounts of |
| 336 | state and federal financial assistance the charter school may be |
| 337 | eligible to receive. The department may provide other technical |
| 338 | assistance to an applicant upon written request. |
| 339 | 2. A charter school applicant must participate in the |
| 340 | training provided by the Department of Education before filing |
| 341 | an application. However, a sponsor may require the charter |
| 342 | school applicant to attend training provided by the sponsor in |
| 343 | lieu of the department's training if the sponsor's training |
| 344 | standards meet or exceed the standards developed by the |
| 345 | Department of Education. The training shall include instruction |
| 346 | in accurate financial planning and good business practices. If |
| 347 | the applicant is a management company or other nonprofit |
| 348 | organization with an approved charter school application, the |
| 349 | charter school principal and the chief financial officer or his |
| 350 | or her equivalent must also participate in the training before |
| 351 | the opening of the new charter school. |
| 352 | (7) CHARTER.-The major issues involving the operation of a |
| 353 | charter school shall be considered in advance and written into |
| 354 | the charter. The charter shall be signed by the governing board |
| 355 | body of the charter school and the sponsor, following a public |
| 356 | hearing to ensure community input. |
| 357 | (a) The charter shall address and criteria for approval of |
| 358 | the charter shall be based on: |
| 359 | 1. The school's mission, the students to be served, and |
| 360 | the ages and grades to be included. |
| 361 | 2. The focus of the curriculum, the instructional methods |
| 362 | to be used, any distinctive instructional techniques to be |
| 363 | employed, and identification and acquisition of appropriate |
| 364 | technologies needed to improve educational and administrative |
| 365 | performance which include a means for promoting safe, ethical, |
| 366 | and appropriate uses of technology which comply with legal and |
| 367 | professional standards. The charter shall ensure that reading is |
| 368 | a primary focus of the curriculum and that resources are |
| 369 | provided to identify and provide specialized instruction for |
| 370 | students who are reading below grade level. The curriculum and |
| 371 | instructional strategies for reading must be consistent with the |
| 372 | Sunshine State Standards and grounded in scientifically based |
| 373 | reading research. |
| 374 | 3. The current incoming baseline standard of student |
| 375 | academic achievement, the outcomes to be achieved, and the |
| 376 | method of measurement that will be used. The criteria listed in |
| 377 | this subparagraph shall include a detailed description of: |
| 378 | a. How the baseline student academic achievement levels |
| 379 | and prior rates of academic progress will be established. |
| 380 | b. How these baseline rates will be compared to rates of |
| 381 | academic progress achieved by these same students while |
| 382 | attending the charter school. |
| 383 | c. To the extent possible, how these rates of progress |
| 384 | will be evaluated and compared with rates of progress of other |
| 385 | closely comparable student populations. |
| 386 |
|
| 387 | The district school board is required to provide academic |
| 388 | student performance data to charter schools for each of their |
| 389 | students coming from the district school system, as well as |
| 390 | rates of academic progress of comparable student populations in |
| 391 | the district school system. |
| 392 | 4. The methods used to identify the educational strengths |
| 393 | and needs of students and how well educational goals and |
| 394 | performance standards are met by students attending the charter |
| 395 | school. The methods shall provide a means for the charter school |
| 396 | to ensure accountability to its constituents by analyzing |
| 397 | student performance data and by evaluating the effectiveness and |
| 398 | efficiency of its major educational programs. Students in |
| 399 | charter schools shall, at a minimum, participate in the |
| 400 | statewide assessment program created under s. 1008.22. |
| 401 | 5. In secondary charter schools, a method for determining |
| 402 | that a student has satisfied the requirements for graduation in |
| 403 | s. 1003.43. |
| 404 | 6. A method for resolving conflicts between the governing |
| 405 | board body of the charter school and the sponsor. |
| 406 | 7. The admissions procedures and dismissal procedures, |
| 407 | including the school's code of student conduct. |
| 408 | 8. The ways by which the school will achieve a |
| 409 | racial/ethnic balance reflective of the community it serves or |
| 410 | within the racial/ethnic range of other public schools in the |
| 411 | same school district. |
| 412 | 9. The financial and administrative management of the |
| 413 | school, including a reasonable demonstration of the professional |
| 414 | experience or competence of those individuals or organizations |
| 415 | applying to operate the charter school or those hired or |
| 416 | retained to perform such professional services and the |
| 417 | description of clearly delineated responsibilities and the |
| 418 | policies and practices needed to effectively manage the charter |
| 419 | school. A description of internal audit procedures and |
| 420 | establishment of controls to ensure that financial resources are |
| 421 | properly managed must be included. Both public sector and |
| 422 | private sector professional experience shall be equally valid in |
| 423 | such a consideration. |
| 424 | 10. The asset and liability projections required in the |
| 425 | application which are incorporated into the charter and shall be |
| 426 | compared with information provided in the annual report of the |
| 427 | charter school. |
| 428 | 11. A description of procedures that identify various |
| 429 | risks and provide for a comprehensive approach to reduce the |
| 430 | impact of losses; plans to ensure the safety and security of |
| 431 | students and staff; plans to identify, minimize, and protect |
| 432 | others from violent or disruptive student behavior; and the |
| 433 | manner in which the school will be insured, including whether or |
| 434 | not the school will be required to have liability insurance, |
| 435 | and, if so, the terms and conditions thereof and the amounts of |
| 436 | coverage. |
| 437 | 12. The term of the charter which shall provide for |
| 438 | cancellation of the charter if insufficient progress has been |
| 439 | made in attaining the student achievement objectives of the |
| 440 | charter and if it is not likely that such objectives can be |
| 441 | achieved before expiration of the charter. The initial term of a |
| 442 | charter shall be for 4 or 5 years. In order to facilitate access |
| 443 | to long-term financial resources for charter school |
| 444 | construction, charter schools that are operated by a |
| 445 | municipality or other public entity as provided by law are |
| 446 | eligible for up to a 15-year charter, subject to approval by the |
| 447 | district school board. A charter lab school is eligible for a |
| 448 | charter for a term of up to 15 years. In addition, to facilitate |
| 449 | access to long-term financial resources for charter school |
| 450 | construction, charter schools that are operated by a private, |
| 451 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
| 452 | up to a 15-year charter, subject to approval by the district |
| 453 | school board. Such long-term charters remain subject to annual |
| 454 | review and may be terminated during the term of the charter, but |
| 455 | only according to the provisions set forth in subsection (8). |
| 456 | 13. The facilities to be used and their location. |
| 457 | 14. The qualifications to be required of the teachers and |
| 458 | the potential strategies used to recruit, hire, train, and |
| 459 | retain qualified staff to achieve best value. |
| 460 | 15. The governance structure of the school, including the |
| 461 | status of the charter school as a public or private employer as |
| 462 | required in paragraph (12)(i). |
| 463 | 16. A timetable for implementing the charter which |
| 464 | addresses the implementation of each element thereof and the |
| 465 | date by which the charter shall be awarded in order to meet this |
| 466 | timetable. |
| 467 | 17. In the case of an existing public school that is being |
| 468 | converted to charter status, alternative arrangements for |
| 469 | current students who choose not to attend the charter school and |
| 470 | for current teachers who choose not to teach in the charter |
| 471 | school after conversion in accordance with the existing |
| 472 | collective bargaining agreement or district school board rule in |
| 473 | the absence of a collective bargaining agreement. However, |
| 474 | alternative arrangements shall not be required for current |
| 475 | teachers who choose not to teach in a charter lab school, except |
| 476 | as authorized by the employment policies of the state university |
| 477 | which grants the charter to the lab school. |
| 478 | 18. Full disclosure of the identity of all relatives |
| 479 | employed by the charter school who are related to the charter |
| 480 | school owner, president, chairperson of the governing board of |
| 481 | directors, superintendent, governing board member, principal, |
| 482 | assistant principal, or any other person employed by the charter |
| 483 | school who has equivalent decisionmaking authority. For the |
| 484 | purpose of this subparagraph, the term "relative" means father, |
| 485 | mother, son, daughter, brother, sister, uncle, aunt, first |
| 486 | cousin, nephew, niece, husband, wife, father-in-law, mother-in- |
| 487 | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, |
| 488 | stepfather, stepmother, stepson, stepdaughter, stepbrother, |
| 489 | stepsister, half brother, or half sister. |
| 490 | 19. Implementation of the activities authorized under s. |
| 491 | 1002.331 by the charter school when it satisfies the eligibility |
| 492 | requirements for a high-performing charter school. A high- |
| 493 | performing charter school shall notify its sponsor in writing by |
| 494 | March 1 if it intends to increase enrollment or expand grade |
| 495 | levels the following school year. The written notice shall |
| 496 | specify the amount of the enrollment increase and the grade |
| 497 | levels that will be added, as applicable. |
| 498 | (b)1. A charter may be renewed provided that a program |
| 499 | review demonstrates that the criteria in paragraph (a) have been |
| 500 | successfully accomplished and that none of the grounds for |
| 501 | nonrenewal established by paragraph (8)(a) has been documented. |
| 502 | In order to facilitate long-term financing for charter school |
| 503 | construction, charter schools operating for a minimum of 3 years |
| 504 | and demonstrating exemplary academic programming and fiscal |
| 505 | management are eligible for a 15-year charter renewal. Such |
| 506 | long-term charter is subject to annual review and may be |
| 507 | terminated during the term of the charter. |
| 508 | 2. The 15-year charter renewal that may be granted |
| 509 | pursuant to subparagraph 1. shall be granted to a charter school |
| 510 | that has received a school grade of "A" or "B" pursuant to s. |
| 511 | 1008.34 in 3 of the past 4 years and is not in a state of |
| 512 | financial emergency or deficit position as defined by this |
| 513 | section. Such long-term charter is subject to annual review and |
| 514 | may be terminated during the term of the charter pursuant to |
| 515 | subsection (8). |
| 516 | (c) A charter may be modified during its initial term or |
| 517 | any renewal term upon the recommendation of the sponsor or the |
| 518 | charter school governing board and the approval of both parties |
| 519 | to the agreement. The term of a charter shall be modified to 15 |
| 520 | years if the charter school receives high-performing charter |
| 521 | school status pursuant to s. 1002.331. |
| 522 | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.- |
| 523 | (b) At least 90 days prior to renewing or terminating a |
| 524 | charter, the sponsor shall notify the governing board body of |
| 525 | the school of the proposed action in writing. The notice shall |
| 526 | state in reasonable detail the grounds for the proposed action |
| 527 | and stipulate that the school's governing board body may, within |
| 528 | 14 calendar days after receiving the notice, request a an |
| 529 | informal hearing. The hearing shall be conducted at the |
| 530 | sponsor's election in accordance with one of the following |
| 531 | procedures: |
| 532 | 1. A direct hearing conducted by the sponsor within 60 |
| 533 | days after receipt of the request for a hearing. The hearing |
| 534 | shall be conducted in accordance with ss. 120.569 and 120.57. |
| 535 | The sponsor shall decide upon nonrenewal or termination by a |
| 536 | majority vote. The sponsor's decision shall be a final order; or |
| 537 | 2. A hearing conducted by an administrative law judge |
| 538 | assigned by the Division of Administrative Hearings. The hearing |
| 539 | shall be conducted within 60 days after receipt of the request |
| 540 | for a hearing in accordance with chapter 120. The recommendation |
| 541 | of the administrative law judge shall be made to the sponsor. A |
| 542 | majority vote by the sponsor shall be required to sustain or |
| 543 | change the administrative law judge's recommendation. The |
| 544 | determination of the sponsor shall be a final order before the |
| 545 | sponsor. The sponsor shall conduct the informal hearing within |
| 546 | 30 calendar days after receiving a written request. |
| 547 | (c) The final order shall include the specific reasons for |
| 548 | nonrenewal or termination of the charter and shall be provided |
| 549 | to the charter school governing board and the Department of |
| 550 | Education within 10 calendar days after the final order is |
| 551 | issued. If a charter is not renewed or is terminated pursuant to |
| 552 | paragraph (b), the sponsor shall, within 10 calendar days, |
| 553 | articulate in writing the specific reasons for its nonrenewal or |
| 554 | termination of the charter and must provide the letter of |
| 555 | nonrenewal or termination and documentation supporting the |
| 556 | reasons to the charter school governing body, the charter school |
| 557 | principal, and the Department of Education. The charter school's |
| 558 | governing board body may, within 30 calendar days after |
| 559 | receiving the sponsor's final order written decision to refuse |
| 560 | to renew or to terminate the charter, appeal the decision |
| 561 | pursuant to s. 120.68 the procedure established in subsection |
| 562 | (6). |
| 563 | (d) A charter may be terminated immediately if the sponsor |
| 564 | sets forth in writing the particular facts and circumstances |
| 565 | indicating that an immediate and serious danger to determines |
| 566 | that good cause has been shown or if the health, safety, or |
| 567 | welfare of the charter school's students exists is threatened. |
| 568 | The sponsor's determination is not subject to the same |
| 569 | procedures as set forth in paragraphs an informal hearing under |
| 570 | paragraph (b) and (c), with the exception that the hearing may |
| 571 | take place after the charter has been terminated or pursuant to |
| 572 | chapter 120. The sponsor shall notify in writing the charter |
| 573 | school's governing board body, the charter school principal, and |
| 574 | the department if a charter is immediately terminated |
| 575 | immediately. The sponsor shall clearly identify the specific |
| 576 | issues that resulted in the immediate termination and provide |
| 577 | evidence of prior notification of issues resulting in the |
| 578 | immediate termination when appropriate. Upon receiving written |
| 579 | notice from the sponsor, the charter school's governing board |
| 580 | has 10 calendar days to request a hearing. The hearing in such |
| 581 | cases must be expedited and the final order must be issued |
| 582 | within 60 days after the date upon which the hearing was |
| 583 | requested. The sponsor shall assume operation of the school |
| 584 | throughout the pendency of the hearing under paragraphs (b) and |
| 585 | (c) unless the continued operation of the school would |
| 586 | materially threaten the physical health, safety, or welfare of |
| 587 | the students. Failure by the sponsor to assume and continue |
| 588 | operation of the school shall result in the awarding of costs |
| 589 | and attorney's fees to the charter school if the charter school |
| 590 | prevails on appeal. The school district in which the charter |
| 591 | school is located shall assume operation of the school under |
| 592 | these circumstances. The charter school's governing board may, |
| 593 | within 30 days after receiving the sponsor's decision to |
| 594 | terminate the charter, appeal the decision pursuant to the |
| 595 | procedure established in subsection (6). |
| 596 | (9) CHARTER SCHOOL REQUIREMENTS.- |
| 597 | (g) In order to provide financial information that is |
| 598 | comparable to that reported for other public schools, charter |
| 599 | schools are to maintain all financial records that constitute |
| 600 | their accounting system: |
| 601 | 1. In accordance with the accounts and codes prescribed in |
| 602 | the most recent issuance of the publication titled "Financial |
| 603 | and Program Cost Accounting and Reporting for Florida Schools"; |
| 604 | or |
| 605 | 2. At the discretion of the charter school governing |
| 606 | board, a charter school may elect to follow generally accepted |
| 607 | accounting standards for not-for-profit organizations, but must |
| 608 | reformat this information for reporting according to this |
| 609 | paragraph. |
| 610 |
|
| 611 | Charter schools shall provide annual financial report and |
| 612 | program cost report information in the state-required formats |
| 613 | for inclusion in district reporting in compliance with s. |
| 614 | 1011.60(1). Charter schools that are operated by a municipality |
| 615 | or are a component unit of a parent nonprofit organization may |
| 616 | use the accounting system of the municipality or the parent but |
| 617 | must reformat this information for reporting according to this |
| 618 | paragraph. A charter school shall provide a monthly financial |
| 619 | statement to the sponsor unless the charter school is designated |
| 620 | as a high-performing charter school pursuant to s. 1002.331, in |
| 621 | which case the high-performing charter school may provide a |
| 622 | quarterly financial statement. The monthly financial statement |
| 623 | required under this paragraph shall be in a form prescribed by |
| 624 | the Department of Education. |
| 625 | (10) ELIGIBLE STUDENTS.- |
| 626 | (d) A charter school may give enrollment preference to the |
| 627 | following student populations: |
| 628 | 1. Students who are siblings of a student enrolled in the |
| 629 | charter school. |
| 630 | 2. Students who are the children of a member of the |
| 631 | governing board of the charter school. |
| 632 | 3. Students who are the children of an employee of the |
| 633 | charter school. |
| 634 | 4. Students who are the children of: |
| 635 | a. An employee of the business partner of a charter |
| 636 | school-in-the-workplace established under paragraph (15)(b) or a |
| 637 | resident of the municipality in which such charter school is |
| 638 | located; or |
| 639 | b. A resident of a municipality that operates a charter- |
| 640 | school-in-a-municipality pursuant to paragraph (15)(c). |
| 641 | 5. Students who have successfully completed a voluntary |
| 642 | prekindergarten education program under ss. 1002.51-1002.79 |
| 643 | provided by the charter school or the charter school's nonprofit |
| 644 | governing board during the previous year. |
| 645 | (25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.- |
| 646 | (b) A member of a governing board of a charter school |
| 647 | operated by a municipality or other public entity is subject to |
| 648 | s. 112.3145 112.3144, which relates to the disclosure of |
| 649 | financial interests. |
| 650 | Section 4. (1) The Department of Education shall: |
| 651 | (a) Identify the school districts that distribute funds |
| 652 | generated by the capital improvement millage authorized under s. |
| 653 | 1011.71(2), Florida Statutes, to charter schools and the use of |
| 654 | such funds by the charter schools. |
| 655 | (b) Examine the costs associated with supervising charter |
| 656 | schools and determine whether the 5-percent administrative fee |
| 657 | for administrative and educational services for charter schools |
| 658 | covers the costs associated with the provision of the services. |
| 659 | (c) Examine the distribution of federal education funding |
| 660 | to eligible students who are enrolled in charter schools, |
| 661 | including, without limitation, funding provided under Title I of |
| 662 | the Elementary and Secondary Education Act and the Individuals |
| 663 | with Disabilities Education Act. |
| 664 | (2) The department shall report its findings to the |
| 665 | Governor, the President of the Senate, and the Speaker of the |
| 666 | House of Representatives no later than January 1, 2012. |
| 667 | Section 5. This act shall take effect July 1, 2011. |