HB 7195

1
A bill to be entitled
2An act relating to charter schools; creating s. 1002.331,
3F.S.; establishing criteria for high-performing charter
4schools; authorizing a high-performing charter school to
5increase enrollment, expand grade levels served, receive a
615-year charter, and report financial statements on a
7quarterly basis; authorizing a high-performing charter
8school to apply to establish a charter school that
9replicates its educational program; providing application
10requirements; limiting the number of charter schools that
11may be established; requiring eligibility verification by
12the Commissioner of Education; creating s. 1002.332, F.S.;
13providing definitions; establishing criteria for high-
14performing charter school systems; providing for
15eligibility verification by the Commissioner of Education;
16authorizing a high-performing charter school system to
17apply to establish a charter school that replicates the
18educational program of one or more of its existing high-
19performing charter schools; providing application
20requirements; amending s. 1002.33, F.S.; requiring a
21charter school sponsor to allow a charter school applicant
22to correct technical deficiencies in its application
23before approval or denial; establishing standards for
24sponsor review of a charter school application submitted
25by a high-performing charter school or high-performing
26charter school system; authorizing direct appeal to the
27State Board of Education of a denial of an application;
28establishing standards for reviewing such an appeal;
29revising applicant training requirements; requiring
30inclusion in the charter of procedures relating to high-
31performing charter schools; revising the procedure for
32nonrenewal or termination of a charter; authorizing a
33charter school's governing board to request a hearing
34regarding charter nonrenewal or termination, including
35immediate termination; authorizing the sponsor to choose
36to provide a direct hearing or a hearing before an
37administrative law judge; authorizing the award of costs
38and attorney's fees to a charter school governing board if
39certain criteria are met; authorizing quarterly financial
40reporting for certain charter schools; establishing
41additional enrollment preferences; correcting a cross-
42reference relating to the disclosure of financial
43interests; requiring the Department of Education to
44examine certain charter school funding and costs and
45report its findings to the Governor and the Legislature;
46providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Section 1002.331, Florida Statutes, is created
51to read:
52     1002.331  High-performing charter schools.-
53     (1)  A charter school is a high-performing charter school
54if it:
55     (a)  Received at least two school grades of "A" and no
56school grade below "B," pursuant to s. 1008.34, during each of
57the previous 3 school years.
58     (b)  Received an unqualified opinion on each annual
59financial audit required under s. 218.39 in the most recent 3
60fiscal years for which such audits are available.
61     (c)  Did not receive a financial audit that revealed one or
62more of the financial emergency conditions set forth in s.
63218.503(1) in the most recent 3 fiscal years for which such
64audits are available.
65     (2)  A high-performing charter school may:
66     (a)  Increase its student enrollment once per school year
67by up to 25 percent more than the capacity determined pursuant
68to s. 1002.33(10)(h).
69     (b)  Expand grade levels within kindergarten through grade
7012 to add grade levels not already served if any annual
71enrollment increase resulting from grade level expansion is
72within the limit established in paragraph (a).
73     (c)  Submit a quarterly, rather than a monthly, financial
74statement to the sponsor pursuant to s. 1002.33(9)(g).
75     (d)  Be granted a 15-year charter. A 15-year charter is
76subject to annual review by the sponsor and may be terminated
77during its term pursuant to s. 1002.33(8).
78
79A high-performing charter school shall notify its sponsor in
80writing by March 1 if it intends to increase enrollment or
81expand grade levels the following school year.
82     (3)(a)  A high-performing charter school may submit an
83application pursuant to s. 1002.33(6) in any school district in
84this state to establish and operate a new charter school that
85will substantially replicate its educational program. An
86application submitted by a high-performing charter school must
87state that the application is being submitted pursuant to this
88paragraph and must include the letter provided by the
89Commissioner of Education pursuant to subsection (4). If the
90sponsor fails to act on the application within 60 days after
91receipt, the application is deemed approved and the procedure in
92s. 1002.33(6)(h) applies. If the sponsor denies the application,
93the high-performing charter school may appeal pursuant to s.
941002.33(6).
95     (b)  A high-performing charter school may not establish
96more than one charter school under paragraph (a) in any year. A
97subsequent application to establish a charter school under
98paragraph (a) may not be submitted unless each charter school
99established in this manner achieves high-performing charter
100school status.
101     (4)  The Commissioner of Education, upon request by a
102charter school, shall verify that the charter school meets the
103criteria in subsection (1) and provide a letter to the charter
104school and the sponsor stating that the charter school is a
105high-performing charter school pursuant to this section. The
106letter shall specify that the charter school may not increase
107enrollment or expand grade levels following any school year in
108which it receives a school grade of "C" or below. If the charter
109school receives a school grade of "C" or below in any 2 years
110during the term of a 15-year charter, the term of the charter
111shall be modified by the sponsor and the charter school loses
112its high-performing charter school status until it regains that
113status under subsection (1).
114     Section 2.  Section 1002.332, Florida Statutes, is created
115to 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
119that is authorized by law to operate a charter school or is a
120private, nonprofit corporation with tax-exempt status under s.
121501(c)(3) of the Internal Revenue Code.
122     (b)  "High-performing charter school system" means an
123entity that:
124     1.  Operates at least three high-performing charter schools
125in the state.
126     2.  Operates a system of charter schools in which, during
127each of the previous 3 school years, at least 50 percent of the
128charter schools received a school grade of "A" and no charter
129school received a school grade below "B," pursuant to s.
1301008.34. If the entity has assumed operation of a public school
131with a school grade of "C" or below, that school's grade shall
132not be considered in determining high-performing charter school
133system status if the school improves by one grade level each
134year until it achieves a grade of "B" or higher.
135     3.  Has not received a financial audit that revealed one or
136more of the financial emergency conditions set forth in s.
137218.503(1) for any charter school created or started by the
138entity.
139     (2)(a)  The Commissioner of Education, upon request by an
140entity, shall verify that the entity meets the criteria in
141subsection (1) and provide a letter to the entity certifying
142that it is a high-performing charter school system.
143     (b)  A high-performing charter school system may submit an
144application pursuant to s. 1002.33(6) in any school district in
145the state to establish and operate a new charter school that
146will substantially replicate the educational program of one or
147more of its existing high-performing charter schools. An
148application submitted by a high-performing charter school system
149must state that the application is being submitted pursuant to
150this paragraph and must include the letter provided by the
151Commissioner of Education pursuant to paragraph (a). If the
152sponsor fails to act on the application within 60 days after
153receipt, the application is deemed approved and the procedure in
154s. 1002.33(6)(h) applies. If the sponsor denies the application,
155the high-performing charter school system may appeal pursuant to
156s. 1002.33(6).
157     Section 3.  Paragraphs (b), (c), and (f) of subsection (6),
158subsection (7), paragraphs (b), (c), and (d) of subsection (8),
159paragraph (g) of subsection (9), paragraph (d) of subsection
160(10), and paragraph (b) of subsection (25) of section 1002.33,
161Florida Statutes, are amended to read:
162     1002.33  Charter schools.-
163     (6)  APPLICATION PROCESS AND REVIEW.-Charter school
164applications are subject to the following requirements:
165     (b)  A sponsor shall receive and review all applications
166for a charter school using an evaluation instrument developed by
167the Department of Education. Beginning with the 2007-2008 school
168year, A sponsor shall receive and consider charter school
169applications received on or before August 1 of each calendar
170year for charter schools to be opened at the beginning of the
171school district's next school year, or to be opened at a time
172agreed to by the applicant and the sponsor. A sponsor may
173receive applications later than this date if it chooses. A
174sponsor may not charge an applicant for a charter any fee for
175the processing or consideration of an application, and a sponsor
176may not base its consideration or approval of an application
177upon the promise of future payment of any kind.
178     1.  In order to facilitate an accurate budget projection
179process, a sponsor shall be held harmless for FTE students who
180are not included in the FTE projection due to approval of
181charter school applications after the FTE projection deadline.
182In a further effort to facilitate an accurate budget projection,
183within 15 calendar days after receipt of a charter school
184application, a sponsor shall report to the Department of
185Education the name of the applicant entity, the proposed charter
186school location, and its projected FTE.
187     2.  In order to ensure fiscal responsibility, an
188application for a charter school shall include a full accounting
189of expected assets, a projection of expected sources and amounts
190of income, including income derived from projected student
191enrollments and from community support, and an expense
192projection that includes full accounting of the costs of
193operation, including start-up costs.
194     3.a.  A sponsor shall by a majority vote approve or deny an
195application no later than 60 calendar days after the application
196is received, unless the sponsor and the applicant mutually agree
197in writing to temporarily postpone the vote to a specific date,
198at which time the sponsor shall by a majority vote approve or
199deny the application. Before approving or denying an
200application, the sponsor must allow the applicant at least 7
201calendar days to correct technical errors, such as typographical
202errors or missing signatures, if the errors are identified by
203the sponsor as cause to deny the application. If the sponsor
204fails to act on the application, an applicant may appeal to the
205State Board of Education as provided in paragraph (c). If an
206application is denied, the sponsor shall, within 10 calendar
207days after such denial, articulate in writing the specific
208reasons, based upon good cause, supporting its denial of the
209charter application and shall provide the letter of denial and
210supporting documentation to the applicant and to the Department
211of Education supporting those reasons.
212     b.  An application submitted by a high-performing charter
213school identified pursuant to s. 1002.331 or a high-performing
214charter school system identified pursuant to s. 1002.332 may be
215denied by the sponsor only if the sponsor demonstrates clear and
216convincing evidence that:
217     (I)  The application does not materially comply with the
218requirements in paragraph (a);
219     (II)  The charter school proposed in the application does
220not materially comply with the requirements in paragraphs
221(9)(a)-(f);
222     (III)  The proposed charter school's educational program
223does not substantially replicate that of the applicant or one of
224the applicant's high-performing charter schools;
225     (IV)  The applicant has made a material misrepresentation
226or false statement or concealed an essential or material fact
227from any person during the application process; or
228     (V)  The proposed charter school's educational program,
229financial management practices, and method of doing business do
230not meet the requirements of this section.
231
232Material noncompliance is a failure to follow requirements or a
233violation of prohibitions applicable to charter school
234applications which is quantitatively or qualitatively
235significant either individually or when aggregated with other
236noncompliance.
237     c.  If the sponsor denies an application submitted by a
238high-performing charter school or a high-performing charter
239school system, the sponsor must, within 10 calendar days after
240such denial, state in writing the specific reasons, based upon
241the criteria in sub-subparagraph b., supporting its denial of
242the application and must provide the letter of denial and
243supporting documentation to the applicant and to the Department
244of Education. The applicant may appeal the sponsor's denial of
245the application directly to the State Board of Education for
246review pursuant to sub-subparagraph (c)3.b.
247     4.  For budget projection purposes, the sponsor shall
248report to the Department of Education the approval or denial of
249a charter application within 10 calendar days after such
250approval or denial. In the event of approval, the report to the
251Department of Education shall include the final projected FTE
252for the approved charter school.
253     5.  Upon approval of a charter application, the initial
254startup shall commence with the beginning of the public school
255calendar for the district in which the charter is granted unless
256the sponsor allows a waiver of this subparagraph for good cause.
257     (c)1.  An applicant may appeal any denial of that
258applicant's application or failure to act on an application to
259the State Board of Education no later than 30 calendar days
260after receipt of the sponsor's decision or failure to act and
261shall notify the sponsor of its appeal. Any response of the
262sponsor shall be submitted to the State Board of Education
263within 30 calendar days after notification of the appeal. Upon
264receipt of notification from the State Board of Education that a
265charter school applicant is filing an appeal, the Commissioner
266of Education shall convene a meeting of the Charter School
267Appeal Commission to study and make recommendations to the State
268Board of Education regarding its pending decision about the
269appeal. The commission shall forward its recommendation to the
270state board no later than 7 calendar days prior to the date on
271which the appeal is to be heard.
272     2.  The Charter School Appeal Commission may reject an
273appeal submission for failure to comply with procedural rules
274governing the appeals process. The rejection shall describe the
275submission errors. The appellant shall have 15 calendar days
276after notice of rejection in which to resubmit an appeal that
277meets the requirements set forth in State Board of Education
278rule. An application for appeal submitted subsequent to such
279rejection is considered timely if the original appeal was filed
280within 30 calendar days after receipt of notice of the specific
281reasons for the sponsor's denial of the charter application.
282     3.a.  The State Board of Education shall by majority vote
283accept or reject the decision of the sponsor no later than 90
284calendar days after an appeal is filed in accordance with State
285Board of Education rule. The Charter School Appeal Commission
286may reject an appeal submission for failure to comply with
287procedural rules governing the appeals process. The rejection
288shall describe the submission errors. The appellant may have up
289to 15 calendar days from notice of rejection to resubmit an
290appeal that meets requirements of State Board of Education rule.
291An application for appeal submitted subsequent to such rejection
292shall be considered timely if the original appeal was filed
293within 30 calendar days after receipt of notice of the specific
294reasons for the sponsor's denial of the charter application. The
295State Board of Education shall remand the application to the
296sponsor with its written decision that the sponsor approve or
297deny the application. The sponsor shall implement the decision
298of the State Board of Education. The decision of the State Board
299of Education is not subject to the provisions of the
300Administrative Procedure Act, chapter 120.
301     b.  If an appeal concerns an application submitted by a
302high-performing charter school identified pursuant to s.
3031002.331 or a high-performing charter school system identified
304pursuant to s. 1002.332, the State Board of Education shall
305independently review the application to determine whether the
306sponsor has shown clear and convincing evidence that:
307     (I)  The application does not materially comply with the
308requirements in paragraph (a);
309     (II)  The charter school proposed in the application does
310not materially comply with the requirements in paragraphs
311(9)(a)-(f);
312     (III)  The proposed charter school's educational program
313does not substantially replicate that of the applicant or one of
314the applicant's high-performing charter schools;
315     (IV)  The applicant has made a material misrepresentation
316or false statement or concealed an essential or material fact
317from any person during the application process; or
318     (V)  The proposed charter school's educational program,
319financial management practices, and method of doing business do
320not meet the requirements of this section.
321
322The State Board of Education shall approve or reject the
323sponsor's denial of an application no later than 90 calendar
324days after an appeal is filed in accordance with State Board of
325Education rule. The State Board of Education shall remand the
326application to the sponsor with its written decision that the
327sponsor approve or deny the application. The sponsor shall
328implement the decision of the State Board of Education. The
329decision of the State Board of Education is not subject to the
330provisions of the Administrative Procedure Act, chapter 120.
331     (f)1.  The Department of Education shall offer or arrange
332for training and technical assistance to charter school
333applicants in developing business plans and estimating costs and
334income. This assistance shall address estimating startup costs,
335projecting enrollment, and identifying the types and amounts of
336state and federal financial assistance the charter school may be
337eligible to receive. The department may provide other technical
338assistance to an applicant upon written request.
339     2.  A charter school applicant must participate in the
340training provided by the Department of Education before filing
341an application. However, a sponsor may require the charter
342school applicant to attend training provided by the sponsor in
343lieu of the department's training if the sponsor's training
344standards meet or exceed the standards developed by the
345Department of Education. The training shall include instruction
346in accurate financial planning and good business practices. If
347the applicant is a management company or other nonprofit
348organization with an approved charter school application, the
349charter school principal and the chief financial officer or his
350or her equivalent must also participate in the training before
351the opening of the new charter school.
352     (7)  CHARTER.-The major issues involving the operation of a
353charter school shall be considered in advance and written into
354the charter. The charter shall be signed by the governing board
355body of the charter school and the sponsor, following a public
356hearing to ensure community input.
357     (a)  The charter shall address and criteria for approval of
358the charter shall be based on:
359     1.  The school's mission, the students to be served, and
360the ages and grades to be included.
361     2.  The focus of the curriculum, the instructional methods
362to be used, any distinctive instructional techniques to be
363employed, and identification and acquisition of appropriate
364technologies needed to improve educational and administrative
365performance which include a means for promoting safe, ethical,
366and appropriate uses of technology which comply with legal and
367professional standards. The charter shall ensure that reading is
368a primary focus of the curriculum and that resources are
369provided to identify and provide specialized instruction for
370students who are reading below grade level. The curriculum and
371instructional strategies for reading must be consistent with the
372Sunshine State Standards and grounded in scientifically based
373reading research.
374     3.  The current incoming baseline standard of student
375academic achievement, the outcomes to be achieved, and the
376method of measurement that will be used. The criteria listed in
377this subparagraph shall include a detailed description of:
378     a.  How the baseline student academic achievement levels
379and prior rates of academic progress will be established.
380     b.  How these baseline rates will be compared to rates of
381academic progress achieved by these same students while
382attending the charter school.
383     c.  To the extent possible, how these rates of progress
384will be evaluated and compared with rates of progress of other
385closely comparable student populations.
386
387The district school board is required to provide academic
388student performance data to charter schools for each of their
389students coming from the district school system, as well as
390rates of academic progress of comparable student populations in
391the district school system.
392     4.  The methods used to identify the educational strengths
393and needs of students and how well educational goals and
394performance standards are met by students attending the charter
395school. The methods shall provide a means for the charter school
396to ensure accountability to its constituents by analyzing
397student performance data and by evaluating the effectiveness and
398efficiency of its major educational programs. Students in
399charter schools shall, at a minimum, participate in the
400statewide assessment program created under s. 1008.22.
401     5.  In secondary charter schools, a method for determining
402that a student has satisfied the requirements for graduation in
403s. 1003.43.
404     6.  A method for resolving conflicts between the governing
405board body of the charter school and the sponsor.
406     7.  The admissions procedures and dismissal procedures,
407including the school's code of student conduct.
408     8.  The ways by which the school will achieve a
409racial/ethnic balance reflective of the community it serves or
410within the racial/ethnic range of other public schools in the
411same school district.
412     9.  The financial and administrative management of the
413school, including a reasonable demonstration of the professional
414experience or competence of those individuals or organizations
415applying to operate the charter school or those hired or
416retained to perform such professional services and the
417description of clearly delineated responsibilities and the
418policies and practices needed to effectively manage the charter
419school. A description of internal audit procedures and
420establishment of controls to ensure that financial resources are
421properly managed must be included. Both public sector and
422private sector professional experience shall be equally valid in
423such a consideration.
424     10.  The asset and liability projections required in the
425application which are incorporated into the charter and shall be
426compared with information provided in the annual report of the
427charter school.
428     11.  A description of procedures that identify various
429risks and provide for a comprehensive approach to reduce the
430impact of losses; plans to ensure the safety and security of
431students and staff; plans to identify, minimize, and protect
432others from violent or disruptive student behavior; and the
433manner in which the school will be insured, including whether or
434not the school will be required to have liability insurance,
435and, if so, the terms and conditions thereof and the amounts of
436coverage.
437     12.  The term of the charter which shall provide for
438cancellation of the charter if insufficient progress has been
439made in attaining the student achievement objectives of the
440charter and if it is not likely that such objectives can be
441achieved before expiration of the charter. The initial term of a
442charter shall be for 4 or 5 years. In order to facilitate access
443to long-term financial resources for charter school
444construction, charter schools that are operated by a
445municipality or other public entity as provided by law are
446eligible for up to a 15-year charter, subject to approval by the
447district school board. A charter lab school is eligible for a
448charter for a term of up to 15 years. In addition, to facilitate
449access to long-term financial resources for charter school
450construction, charter schools that are operated by a private,
451not-for-profit, s. 501(c)(3) status corporation are eligible for
452up to a 15-year charter, subject to approval by the district
453school board. Such long-term charters remain subject to annual
454review and may be terminated during the term of the charter, but
455only 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
458the potential strategies used to recruit, hire, train, and
459retain qualified staff to achieve best value.
460     15.  The governance structure of the school, including the
461status of the charter school as a public or private employer as
462required in paragraph (12)(i).
463     16.  A timetable for implementing the charter which
464addresses the implementation of each element thereof and the
465date by which the charter shall be awarded in order to meet this
466timetable.
467     17.  In the case of an existing public school that is being
468converted to charter status, alternative arrangements for
469current students who choose not to attend the charter school and
470for current teachers who choose not to teach in the charter
471school after conversion in accordance with the existing
472collective bargaining agreement or district school board rule in
473the absence of a collective bargaining agreement. However,
474alternative arrangements shall not be required for current
475teachers who choose not to teach in a charter lab school, except
476as authorized by the employment policies of the state university
477which grants the charter to the lab school.
478     18.  Full disclosure of the identity of all relatives
479employed by the charter school who are related to the charter
480school owner, president, chairperson of the governing board of
481directors, superintendent, governing board member, principal,
482assistant principal, or any other person employed by the charter
483school who has equivalent decisionmaking authority. For the
484purpose of this subparagraph, the term "relative" means father,
485mother, son, daughter, brother, sister, uncle, aunt, first
486cousin, nephew, niece, husband, wife, father-in-law, mother-in-
487law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
488stepfather, stepmother, stepson, stepdaughter, stepbrother,
489stepsister, half brother, or half sister.
490     19.  Implementation of the activities authorized under s.
4911002.331 by the charter school when it satisfies the eligibility
492requirements for a high-performing charter school. A high-
493performing charter school shall notify its sponsor in writing by
494March 1 if it intends to increase enrollment or expand grade
495levels the following school year. The written notice shall
496specify the amount of the enrollment increase and the grade
497levels that will be added, as applicable.
498     (b)1.  A charter may be renewed provided that a program
499review demonstrates that the criteria in paragraph (a) have been
500successfully accomplished and that none of the grounds for
501nonrenewal established by paragraph (8)(a) has been documented.
502In order to facilitate long-term financing for charter school
503construction, charter schools operating for a minimum of 3 years
504and demonstrating exemplary academic programming and fiscal
505management are eligible for a 15-year charter renewal. Such
506long-term charter is subject to annual review and may be
507terminated during the term of the charter.
508     2.  The 15-year charter renewal that may be granted
509pursuant to subparagraph 1. shall be granted to a charter school
510that has received a school grade of "A" or "B" pursuant to s.
5111008.34 in 3 of the past 4 years and is not in a state of
512financial emergency or deficit position as defined by this
513section. Such long-term charter is subject to annual review and
514may be terminated during the term of the charter pursuant to
515subsection (8).
516     (c)  A charter may be modified during its initial term or
517any renewal term upon the recommendation of the sponsor or the
518charter school governing board and the approval of both parties
519to the agreement. The term of a charter shall be modified to 15
520years if the charter school receives high-performing charter
521school 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
524charter, the sponsor shall notify the governing board body of
525the school of the proposed action in writing. The notice shall
526state in reasonable detail the grounds for the proposed action
527and stipulate that the school's governing board body may, within
52814 calendar days after receiving the notice, request a an
529informal hearing. The hearing shall be conducted at the
530sponsor's election in accordance with one of the following
531procedures:
532     1.  A direct hearing conducted by the sponsor within 60
533days after receipt of the request for a hearing. The hearing
534shall be conducted in accordance with ss. 120.569 and 120.57.
535The sponsor shall decide upon nonrenewal or termination by a
536majority vote. The sponsor's decision shall be a final order; or
537     2.  A hearing conducted by an administrative law judge
538assigned by the Division of Administrative Hearings. The hearing
539shall be conducted within 60 days after receipt of the request
540for a hearing in accordance with chapter 120. The recommendation
541of the administrative law judge shall be made to the sponsor. A
542majority vote by the sponsor shall be required to sustain or
543change the administrative law judge's recommendation. The
544determination of the sponsor shall be a final order before the
545sponsor. The sponsor shall conduct the informal hearing within
54630 calendar days after receiving a written request.
547     (c)  The final order shall include the specific reasons for
548nonrenewal or termination of the charter and shall be provided
549to the charter school governing board and the Department of
550Education within 10 calendar days after the final order is
551issued. If a charter is not renewed or is terminated pursuant to
552paragraph (b), the sponsor shall, within 10 calendar days,
553articulate in writing the specific reasons for its nonrenewal or
554termination of the charter and must provide the letter of
555nonrenewal or termination and documentation supporting the
556reasons to the charter school governing body, the charter school
557principal, and the Department of Education. The charter school's
558governing board body may, within 30 calendar days after
559receiving the sponsor's final order written decision to refuse
560to renew or to terminate the charter, appeal the decision
561pursuant to s. 120.68 the procedure established in subsection
562(6).
563     (d)  A charter may be terminated immediately if the sponsor
564sets forth in writing the particular facts and circumstances
565indicating that an immediate and serious danger to determines
566that good cause has been shown or if the health, safety, or
567welfare of the charter school's students exists is threatened.
568The sponsor's determination is not subject to the same
569procedures as set forth in paragraphs an informal hearing under
570paragraph (b) and (c), with the exception that the hearing may
571take place after the charter has been terminated or pursuant to
572chapter 120. The sponsor shall notify in writing the charter
573school's governing board body, the charter school principal, and
574the department if a charter is immediately terminated
575immediately. The sponsor shall clearly identify the specific
576issues that resulted in the immediate termination and provide
577evidence of prior notification of issues resulting in the
578immediate termination when appropriate. Upon receiving written
579notice from the sponsor, the charter school's governing board
580has 10 calendar days to request a hearing. The hearing in such
581cases must be expedited and the final order must be issued
582within 60 days after the date upon which the hearing was
583requested. The sponsor shall assume operation of the school
584throughout the pendency of the hearing under paragraphs (b) and
585(c) unless the continued operation of the school would
586materially threaten the physical health, safety, or welfare of
587the students. Failure by the sponsor to assume and continue
588operation of the school shall result in the awarding of costs
589and attorney's fees to the charter school if the charter school
590prevails on appeal. The school district in which the charter
591school is located shall assume operation of the school under
592these circumstances. The charter school's governing board may,
593within 30 days after receiving the sponsor's decision to
594terminate the charter, appeal the decision pursuant to the
595procedure established in subsection (6).
596     (9)  CHARTER SCHOOL REQUIREMENTS.-
597     (g)  In order to provide financial information that is
598comparable to that reported for other public schools, charter
599schools are to maintain all financial records that constitute
600their accounting system:
601     1.  In accordance with the accounts and codes prescribed in
602the most recent issuance of the publication titled "Financial
603and Program Cost Accounting and Reporting for Florida Schools";
604or
605     2.  At the discretion of the charter school governing
606board, a charter school may elect to follow generally accepted
607accounting standards for not-for-profit organizations, but must
608reformat this information for reporting according to this
609paragraph.
610
611Charter schools shall provide annual financial report and
612program cost report information in the state-required formats
613for inclusion in district reporting in compliance with s.
6141011.60(1). Charter schools that are operated by a municipality
615or are a component unit of a parent nonprofit organization may
616use the accounting system of the municipality or the parent but
617must reformat this information for reporting according to this
618paragraph. A charter school shall provide a monthly financial
619statement to the sponsor unless the charter school is designated
620as a high-performing charter school pursuant to s. 1002.331, in
621which case the high-performing charter school may provide a
622quarterly financial statement. The monthly financial statement
623required under this paragraph shall be in a form prescribed by
624the Department of Education.
625     (10)  ELIGIBLE STUDENTS.-
626     (d)  A charter school may give enrollment preference to the
627following student populations:
628     1.  Students who are siblings of a student enrolled in the
629charter school.
630     2.  Students who are the children of a member of the
631governing board of the charter school.
632     3.  Students who are the children of an employee of the
633charter school.
634     4.  Students who are the children of:
635     a.  An employee of the business partner of a charter
636school-in-the-workplace established under paragraph (15)(b) or a
637resident of the municipality in which such charter school is
638located; or
639     b.  A resident of a municipality that operates a charter-
640school-in-a-municipality pursuant to paragraph (15)(c).
641     5.  Students who have successfully completed a voluntary
642prekindergarten education program under ss. 1002.51-1002.79
643provided by the charter school or the charter school's nonprofit
644governing 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
647operated by a municipality or other public entity is subject to
648s. 112.3145 112.3144, which relates to the disclosure of
649financial interests.
650     Section 4.  (1)  The Department of Education shall:
651     (a)  Identify the school districts that distribute funds
652generated by the capital improvement millage authorized under s.
6531011.71(2), Florida Statutes, to charter schools and the use of
654such funds by the charter schools.
655     (b)  Examine the costs associated with supervising charter
656schools and determine whether the 5-percent administrative fee
657for administrative and educational services for charter schools
658covers the costs associated with the provision of the services.
659     (c)  Examine the distribution of federal education funding
660to eligible students who are enrolled in charter schools,
661including, without limitation, funding provided under Title I of
662the Elementary and Secondary Education Act and the Individuals
663with Disabilities Education Act.
664     (2)  The department shall report its findings to the
665Governor, the President of the Senate, and the Speaker of the
666House of Representatives no later than January 1, 2012.
667     Section 5.  This act shall take effect July 1, 2011.


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