| 1 | A bill to be entitled |
| 2 | An act relating to school choice; 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, submit a |
| 6 | quarterly financial statement, consolidate the charters of |
| 7 | certain charter schools, and receive certain modification |
| 8 | or renewal of its charter; authorizing a high-performing |
| 9 | charter school to apply to establish a charter school that |
| 10 | replicates its educational program; providing application |
| 11 | requirements; limiting the number of charter schools that |
| 12 | may be established; requiring eligibility verification by |
| 13 | the Commissioner of Education; creating s. 1002.332, F.S.; |
| 14 | providing definitions; establishing criteria for high- |
| 15 | performing charter school systems; providing for |
| 16 | eligibility verification by the Commissioner of Education; |
| 17 | authorizing a high-performing charter school system to |
| 18 | replicate its high-performing charter schools; amending s. |
| 19 | 1002.33, F.S.; authorizing a charter school operated by a |
| 20 | Florida College System institution to serve students in |
| 21 | kindergarten through grade 12 if certain criteria are met; |
| 22 | requiring a charter school sponsor to allow a charter |
| 23 | school applicant to correct technical deficiencies in its |
| 24 | application before approval or denial; establishing |
| 25 | standards for sponsor review of a charter school |
| 26 | application submitted by a high-performing charter school |
| 27 | or high-performing charter school system; authorizing |
| 28 | direct appeal to the State Board of Education of a denial |
| 29 | of an application; establishing standards for reviewing |
| 30 | such an appeal; revising applicant training requirements; |
| 31 | requiring inclusion in the charter of procedures relating |
| 32 | to high-performing charter schools; requiring each charter |
| 33 | school's governing board to appoint a representative with |
| 34 | specified duties; requiring each governing board to hold |
| 35 | two public meetings per school year; providing meeting |
| 36 | requirements; revising the procedure for nonrenewal or |
| 37 | termination of a charter; authorizing a charter school's |
| 38 | governing board to request a hearing regarding charter |
| 39 | nonrenewal or termination, including immediate |
| 40 | termination; authorizing the sponsor to choose to provide |
| 41 | a direct hearing or a hearing before an administrative law |
| 42 | judge; authorizing the award of costs and attorney's fees |
| 43 | to a charter school if certain criteria are met; |
| 44 | authorizing quarterly financial reporting for certain |
| 45 | charter schools; establishing additional student |
| 46 | enrollment preferences; prohibiting a sponsor from |
| 47 | limiting or requiring waiver of certain high-performing |
| 48 | charter school benefits as a condition of charter approval |
| 49 | or renewal; providing that student capacity of a high- |
| 50 | performing charter school shall be determined annually by |
| 51 | the governing board; requiring the governing board to |
| 52 | provide notice of enrollment increases to the sponsor; |
| 53 | providing an exemption from certain local government |
| 54 | ordinances, resolutions, or regulations; revising |
| 55 | provisions relating to charter school capital outlay |
| 56 | funding; correcting a cross-reference relating to the |
| 57 | disclosure of financial interests; providing requirements |
| 58 | for charter schools using shared facilities; authorizing |
| 59 | certain charter school systems to be the local education |
| 60 | agency for administering federal funding received by the |
| 61 | system's schools; requiring the Department of Education to |
| 62 | examine certain charter school funding and costs and |
| 63 | report its findings to the Governor and the Legislature; |
| 64 | providing an effective date. |
| 65 |
|
| 66 | Be It Enacted by the Legislature of the State of Florida: |
| 67 |
|
| 68 | Section 1. Section 1002.331, Florida Statutes, is created |
| 69 | to read: |
| 70 | 1002.331 High-performing charter schools.- |
| 71 | (1) A charter school is a high-performing charter school |
| 72 | if it: |
| 73 | (a) Received at least two school grades of "A" and no |
| 74 | school grade below "B," pursuant to s. 1008.34, during each of |
| 75 | the previous 3 school years. |
| 76 | (b) Received an unqualified opinion on each annual |
| 77 | financial audit required under s. 218.39 in the most recent 3 |
| 78 | fiscal years for which such audits are available. |
| 79 | (c) Did not receive a financial audit that revealed one or |
| 80 | more of the financial emergency conditions set forth in s. |
| 81 | 218.503(1) in the most recent 3 fiscal years for which such |
| 82 | audits are available. However, this requirement is deemed met |
| 83 | for a charter school-in-the-workplace if there is a finding in |
| 84 | an audit that the school has the monetary resources available to |
| 85 | cover any reported deficiency or that the deficiency does not |
| 86 | result in a deteriorating financial condition pursuant to s. |
| 87 | 1002.345(1)(a)3. |
| 88 |
|
| 89 | A virtual charter school established under s. 1002.33 is not |
| 90 | eligible for designation as a high-performing charter school. |
| 91 | (2) A high-performing charter school is authorized to: |
| 92 | (a) Increase its student enrollment once per school year |
| 93 | by up to 15 percent more than the capacity identified in the |
| 94 | charter. |
| 95 | (b) Expand grade levels within kindergarten through grade |
| 96 | 12 to add grade levels not already served if any annual |
| 97 | enrollment increase resulting from grade level expansion is |
| 98 | within the limit established in paragraph (a). |
| 99 | (c) Submit a quarterly, rather than a monthly, financial |
| 100 | statement to the sponsor pursuant to s. 1002.33(9)(g). |
| 101 | (d) Consolidate under a single charter the charters of |
| 102 | multiple high-performing charter schools operated in the same |
| 103 | school district by the charter schools' governing board |
| 104 | regardless of the renewal cycle. |
| 105 | (e) Receive a modification of its charter to a term of 15 |
| 106 | years or a 15-year charter renewal. The charter may be modified |
| 107 | or renewed for a shorter term at the option of the high- |
| 108 | performing charter school. The charter must be consistent with |
| 109 | s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual |
| 110 | review by the sponsor, and may be terminated during its term |
| 111 | pursuant to s. 1002.33(8). |
| 112 |
|
| 113 | A high-performing charter school shall notify its sponsor in |
| 114 | writing by March 1 if it intends to increase enrollment or |
| 115 | expand grade levels the following school year. The written |
| 116 | notice shall specify the amount of the enrollment increase and |
| 117 | the grade levels that will be added, as applicable. |
| 118 | (3)(a) A high-performing charter school may submit an |
| 119 | application pursuant to s. 1002.33(6) in any school district in |
| 120 | the state to establish and operate a new charter school that |
| 121 | will substantially replicate its educational program. An |
| 122 | application submitted by a high-performing charter school must |
| 123 | state that the application is being submitted pursuant to this |
| 124 | paragraph and must include the verification letter provided by |
| 125 | the Commissioner of Education pursuant to subsection (5). If the |
| 126 | sponsor fails to act on the application within 60 days after |
| 127 | receipt, the application is deemed approved and the procedure in |
| 128 | s. 1002.33(6)(h) applies. If the sponsor denies the application, |
| 129 | the high-performing charter school may appeal pursuant to s. |
| 130 | 1002.33(6). |
| 131 | (b) A high-performing charter school may not establish |
| 132 | more than one charter school within the state under paragraph |
| 133 | (a) in any year. A subsequent application to establish a charter |
| 134 | school under paragraph (a) may not be submitted unless each |
| 135 | charter school established in this manner achieves high- |
| 136 | performing charter school status. A charter school established |
| 137 | under paragraph (a) must meet class size requirements |
| 138 | established under s. 1003.03, calculated at the classroom level. |
| 139 | (4) A high-performing charter school may not increase |
| 140 | enrollment or expand grade levels following any school year in |
| 141 | which it receives a school grade of "C" or below. If the charter |
| 142 | school receives a school grade of "C" or below in any 2 years |
| 143 | during the term of the charter awarded under subsection (2), the |
| 144 | term of the charter may be modified by the sponsor and the |
| 145 | charter school loses its high-performing charter school status |
| 146 | until it regains that status under subsection (1). |
| 147 | (5) The Commissioner of Education, upon request by a |
| 148 | charter school, shall verify that the charter school meets the |
| 149 | criteria in subsection (1) and provide a letter to the charter |
| 150 | school and the sponsor stating that the charter school is a |
| 151 | high-performing charter school pursuant to this section. |
| 152 | (6) A high-performing charter school replicated under this |
| 153 | section may not be replicated as a virtual charter school. |
| 154 | Section 2. Section 1002.332, Florida Statutes, is created |
| 155 | to read: |
| 156 | 1002.332 High-performing charter school system.- |
| 157 | (1) For purposes of this section, the term: |
| 158 | (a) "Entity" means a municipality or other public entity |
| 159 | that is authorized by law to operate a charter school; a |
| 160 | private, nonprofit corporation with tax-exempt status under s. |
| 161 | 501(c)(3) of the Internal Revenue Code; or a private, for-profit |
| 162 | education management corporation. |
| 163 | (b) "High-performing charter school system" means an |
| 164 | entity that: |
| 165 | 1. Operates at least three high-performing charter schools |
| 166 | in the state; |
| 167 | 2. Operates a system of charter schools in which at least |
| 168 | 50 percent of the charter schools are high-performing charter |
| 169 | schools pursuant to s. 1002.331 and no charter school received a |
| 170 | school grade of "D" or "F" pursuant to s. 1008.34, except that: |
| 171 | a. If the entity has assumed operation of a public school |
| 172 | pursuant to s. 1008.33(5)(a)3. with a school grade of "D" or |
| 173 | "F," that school's grade shall not be considered in determining |
| 174 | high-performing charter school system status for a period of 3 |
| 175 | years. |
| 176 | b. If the entity establishes a new charter school that |
| 177 | serves a student population the majority of which resides in a |
| 178 | school zone served by a public school that is identified as |
| 179 | lowest performing under s. 1008.33(4)(b), that charter school's |
| 180 | grade shall not be considered in determining high-performing |
| 181 | charter school system status if it attains and maintains a |
| 182 | school grade that is higher than that of the public school |
| 183 | serving that school zone within 3 years after establishment; and |
| 184 | 3. Has not received a financial audit that revealed one or |
| 185 | more of the financial emergency conditions set forth in s. |
| 186 | 218.503(1) for any charter school assumed or established by the |
| 187 | entity. |
| 188 | (2)(a) The Commissioner of Education, upon request by an |
| 189 | entity, shall verify that the entity meets the criteria in |
| 190 | subsection (1) for the prior school year and provide a letter to |
| 191 | the entity stating that it is a high-performing charter school |
| 192 | system. |
| 193 | (b) A high-performing charter school system may replicate |
| 194 | its high-performing charter schools pursuant to s. 1002.331(3). |
| 195 | Section 3. Paragraph (b) of subsection (5), paragraphs |
| 196 | (b), (c), (e), and (f) of subsection (6), subsection (7), |
| 197 | paragraphs (b), (c), and (d) of subsection (8), paragraph (g) of |
| 198 | subsection (9), paragraphs (d) and (h) of subsection (10), |
| 199 | subsection (19), and paragraph (b) of subsection (25) of section |
| 200 | 1002.33, Florida Statutes, are amended, paragraph (i) is added |
| 201 | to subsection (10), paragraph (c) is added to subsection (16), |
| 202 | subsection (26) is renumbered as subsection (28), and new |
| 203 | subsections (26) and (27) are added to that section, to read: |
| 204 | 1002.33 Charter schools.- |
| 205 | (5) SPONSOR; DUTIES.- |
| 206 | (b) Sponsor duties.- |
| 207 | 1.a. The sponsor shall monitor and review the charter |
| 208 | school in its progress toward the goals established in the |
| 209 | charter. |
| 210 | b. The sponsor shall monitor the revenues and expenditures |
| 211 | of the charter school and perform the duties provided in s. |
| 212 | 1002.345. |
| 213 | c. The sponsor may approve a charter for a charter school |
| 214 | before the applicant has identified space, equipment, or |
| 215 | personnel, if the applicant indicates approval is necessary for |
| 216 | it to raise working funds. |
| 217 | d. The sponsor's policies shall not apply to a charter |
| 218 | school unless mutually agreed to by both the sponsor and the |
| 219 | charter school. |
| 220 | e. The sponsor shall ensure that the charter is innovative |
| 221 | and consistent with the state education goals established by s. |
| 222 | 1000.03(5). |
| 223 | f. The sponsor shall ensure that the charter school |
| 224 | participates in the state's education accountability system. If |
| 225 | a charter school falls short of performance measures included in |
| 226 | the approved charter, the sponsor shall report such shortcomings |
| 227 | to the Department of Education. |
| 228 | g. The sponsor shall not be liable for civil damages under |
| 229 | state law for personal injury, property damage, or death |
| 230 | resulting from an act or omission of an officer, employee, |
| 231 | agent, or governing body of the charter school. |
| 232 | h. The sponsor shall not be liable for civil damages under |
| 233 | state law for any employment actions taken by an officer, |
| 234 | employee, agent, or governing body of the charter school. |
| 235 | i. The sponsor's duties to monitor the charter school |
| 236 | shall not constitute the basis for a private cause of action. |
| 237 | j. The sponsor shall not impose additional reporting |
| 238 | requirements on a charter school without providing reasonable |
| 239 | and specific justification in writing to the charter school. |
| 240 | 2. Immunity for the sponsor of a charter school under |
| 241 | subparagraph 1. applies only with respect to acts or omissions |
| 242 | not under the sponsor's direct authority as described in this |
| 243 | section. |
| 244 | 3. This paragraph does not waive a district school board's |
| 245 | sovereign immunity. |
| 246 | 4. A community college may work with the school district |
| 247 | or school districts in its designated service area to develop |
| 248 | charter schools that offer secondary education. These charter |
| 249 | schools must include an option for students to receive an |
| 250 | associate degree upon high school graduation. A Florida College |
| 251 | System institution may operate no more than one charter school |
| 252 | that serves students in kindergarten through grade 12 if the |
| 253 | institution operates an approved teacher preparation program |
| 254 | under s. 1004.04 or s. 1004.85. District school boards shall |
| 255 | cooperate with and assist the community college on the charter |
| 256 | application. Community college applications for charter schools |
| 257 | are not subject to the time deadlines outlined in subsection (6) |
| 258 | and may be approved by the district school board at any time |
| 259 | during the year. Community colleges may not report FTE for any |
| 260 | students who receive FTE funding through the Florida Education |
| 261 | Finance Program. |
| 262 | (6) APPLICATION PROCESS AND REVIEW.-Charter school |
| 263 | applications are subject to the following requirements: |
| 264 | (b) A sponsor shall receive and review all applications |
| 265 | for a charter school using an evaluation instrument developed by |
| 266 | the Department of Education. Beginning with the 2007-2008 school |
| 267 | year, A sponsor shall receive and consider charter school |
| 268 | applications received on or before August 1 of each calendar |
| 269 | year for charter schools to be opened at the beginning of the |
| 270 | school district's next school year, or to be opened at a time |
| 271 | agreed to by the applicant and the sponsor. A sponsor may |
| 272 | receive applications later than this date if it chooses. A |
| 273 | sponsor may not charge an applicant for a charter any fee for |
| 274 | the processing or consideration of an application, and a sponsor |
| 275 | may not base its consideration or approval of an application |
| 276 | upon the promise of future payment of any kind. Before approving |
| 277 | or denying any application, the sponsor shall allow the |
| 278 | applicant, upon receipt of written notification, at least 7 |
| 279 | calendar days to make technical or nonsubstantive corrections |
| 280 | and clarifications, including, but not limited to, corrections |
| 281 | of grammatical, typographical, and like errors or missing |
| 282 | signatures, if such errors are identified by the sponsor as |
| 283 | cause to deny the application. |
| 284 | 1. In order to facilitate an accurate budget projection |
| 285 | process, a sponsor shall be held harmless for FTE students who |
| 286 | are not included in the FTE projection due to approval of |
| 287 | charter school applications after the FTE projection deadline. |
| 288 | In a further effort to facilitate an accurate budget projection, |
| 289 | within 15 calendar days after receipt of a charter school |
| 290 | application, a sponsor shall report to the Department of |
| 291 | Education the name of the applicant entity, the proposed charter |
| 292 | school location, and its projected FTE. |
| 293 | 2. In order to ensure fiscal responsibility, an |
| 294 | application for a charter school shall include a full accounting |
| 295 | of expected assets, a projection of expected sources and amounts |
| 296 | of income, including income derived from projected student |
| 297 | enrollments and from community support, and an expense |
| 298 | projection that includes full accounting of the costs of |
| 299 | operation, including start-up costs. |
| 300 | 3.a. A sponsor shall by a majority vote approve or deny an |
| 301 | application no later than 60 calendar days after the application |
| 302 | is received, unless the sponsor and the applicant mutually agree |
| 303 | in writing to temporarily postpone the vote to a specific date, |
| 304 | at which time the sponsor shall by a majority vote approve or |
| 305 | deny the application. If the sponsor fails to act on the |
| 306 | application, an applicant may appeal to the State Board of |
| 307 | Education as provided in paragraph (c). If an application is |
| 308 | denied, the sponsor shall, within 10 calendar days after such |
| 309 | denial, articulate in writing the specific reasons, based upon |
| 310 | good cause, supporting its denial of the charter application and |
| 311 | shall provide the letter of denial and supporting documentation |
| 312 | to the applicant and to the Department of Education supporting |
| 313 | those reasons. |
| 314 | b. An application submitted by a high-performing charter |
| 315 | school identified pursuant to s. 1002.331 or a high-performing |
| 316 | charter school system identified pursuant to s. 1002.332 may be |
| 317 | denied by the sponsor only if the sponsor demonstrates by clear |
| 318 | and convincing evidence that: |
| 319 | (I) The application does not materially comply with the |
| 320 | requirements in paragraph (a); |
| 321 | (II) The charter school proposed in the application does |
| 322 | not materially comply with the requirements in paragraphs |
| 323 | (9)(a)-(f); |
| 324 | (III) The proposed charter school's educational program |
| 325 | does not substantially replicate that of the applicant or one of |
| 326 | the applicant's high-performing charter schools; |
| 327 | (IV) The applicant has made a material misrepresentation |
| 328 | or false statement or concealed an essential or material fact |
| 329 | during the application process; or |
| 330 | (V) The proposed charter school's educational program and |
| 331 | financial management practices do not materially comply with the |
| 332 | requirements of this section. |
| 333 |
|
| 334 | Material noncompliance is a failure to follow requirements or a |
| 335 | violation of prohibitions applicable to charter school |
| 336 | applications, which failure is quantitatively or qualitatively |
| 337 | significant either individually or when aggregated with other |
| 338 | noncompliance. An applicant is considered to be replicating a |
| 339 | high-performing charter school if the proposed school is |
| 340 | substantially similar to at least one of the applicant's high- |
| 341 | performing charter schools and the organization or individuals |
| 342 | involved in the establishment and operation of the proposed |
| 343 | school are significantly involved in the operation of replicated |
| 344 | schools. |
| 345 | c. If the sponsor denies an application submitted by a |
| 346 | high-performing charter school or a high-performing charter |
| 347 | school system, the sponsor must, within 10 calendar days after |
| 348 | such denial, state in writing the specific reasons, based upon |
| 349 | the criteria in sub-subparagraph b., supporting its denial of |
| 350 | the application and must provide the letter of denial and |
| 351 | supporting documentation to the applicant and to the Department |
| 352 | of Education. The applicant may appeal the sponsor's denial of |
| 353 | the application directly to the State Board of Education |
| 354 | pursuant to sub-subparagraph (c)3.b. |
| 355 | 4. For budget projection purposes, the sponsor shall |
| 356 | report to the Department of Education the approval or denial of |
| 357 | a charter application within 10 calendar days after such |
| 358 | approval or denial. In the event of approval, the report to the |
| 359 | Department of Education shall include the final projected FTE |
| 360 | for the approved charter school. |
| 361 | 5. Upon approval of a charter application, the initial |
| 362 | startup shall commence with the beginning of the public school |
| 363 | calendar for the district in which the charter is granted unless |
| 364 | the sponsor allows a waiver of this subparagraph for good cause. |
| 365 | (c)1. An applicant may appeal any denial of that |
| 366 | applicant's application or failure to act on an application to |
| 367 | the State Board of Education no later than 30 calendar days |
| 368 | after receipt of the sponsor's decision or failure to act and |
| 369 | shall notify the sponsor of its appeal. Any response of the |
| 370 | sponsor shall be submitted to the State Board of Education |
| 371 | within 30 calendar days after notification of the appeal. Upon |
| 372 | receipt of notification from the State Board of Education that a |
| 373 | charter school applicant is filing an appeal, the Commissioner |
| 374 | of Education shall convene a meeting of the Charter School |
| 375 | Appeal Commission to study and make recommendations to the State |
| 376 | Board of Education regarding its pending decision about the |
| 377 | appeal. The commission shall forward its recommendation to the |
| 378 | state board no later than 7 calendar days prior to the date on |
| 379 | which the appeal is to be heard. |
| 380 | 2. The Charter School Appeal Commission may reject an |
| 381 | appeal submission for failure to comply with procedural rules |
| 382 | governing the appeals process. The rejection shall describe the |
| 383 | submission errors. The appellant shall have 15 calendar days |
| 384 | after notice of rejection in which to resubmit an appeal that |
| 385 | meets the requirements set forth in State Board of Education |
| 386 | rule. An appeal submitted subsequent to such rejection is |
| 387 | considered timely if the original appeal was filed within 30 |
| 388 | calendar days after receipt of notice of the specific reasons |
| 389 | for the sponsor's denial of the charter application. |
| 390 | 3.a. The State Board of Education shall by majority vote |
| 391 | accept or reject the decision of the sponsor no later than 90 |
| 392 | calendar days after an appeal is filed in accordance with State |
| 393 | Board of Education rule. The Charter School Appeal Commission |
| 394 | may reject an appeal submission for failure to comply with |
| 395 | procedural rules governing the appeals process. The rejection |
| 396 | shall describe the submission errors. The appellant may have up |
| 397 | to 15 calendar days from notice of rejection to resubmit an |
| 398 | appeal that meets requirements of State Board of Education rule. |
| 399 | An application for appeal submitted subsequent to such rejection |
| 400 | shall be considered timely if the original appeal was filed |
| 401 | within 30 calendar days after receipt of notice of the specific |
| 402 | reasons for the sponsor's denial of the charter application. The |
| 403 | State Board of Education shall remand the application to the |
| 404 | sponsor with its written decision that the sponsor approve or |
| 405 | deny the application. The sponsor shall implement the decision |
| 406 | of the State Board of Education. The decision of the State Board |
| 407 | of Education is not subject to the provisions of the |
| 408 | Administrative Procedure Act, chapter 120. |
| 409 | b. If an appeal concerns an application submitted by a |
| 410 | high-performing charter school identified pursuant to s. |
| 411 | 1002.331 or a high-performing charter school system identified |
| 412 | pursuant to s. 1002.332, the State Board of Education shall |
| 413 | determine whether the sponsor has shown, by clear and convincing |
| 414 | evidence, that: |
| 415 | (I) The application does not materially comply with the |
| 416 | requirements in paragraph (a); |
| 417 | (II) The charter school proposed in the application does |
| 418 | not materially comply with the requirements in paragraphs |
| 419 | (9)(a)-(f); |
| 420 | (III) The proposed charter school's educational program |
| 421 | does not substantially replicate that of the applicant or one of |
| 422 | the applicant's high-performing charter schools; |
| 423 | (IV) The applicant has made a material misrepresentation |
| 424 | or false statement or concealed an essential or material fact |
| 425 | during the application process; or |
| 426 | (V) The proposed charter school's educational program and |
| 427 | financial management practices do not materially comply with the |
| 428 | requirements of this section. |
| 429 |
|
| 430 | The State Board of Education shall approve or reject the |
| 431 | sponsor's denial of an application no later than 90 calendar |
| 432 | days after an appeal is filed in accordance with State Board of |
| 433 | Education rule. The State Board of Education shall remand the |
| 434 | application to the sponsor with its written decision that the |
| 435 | sponsor approve or deny the application. The sponsor shall |
| 436 | implement the decision of the State Board of Education. The |
| 437 | decision of the State Board of Education is not subject to the |
| 438 | Administrative Procedure Act, chapter 120. |
| 439 | (e)1. A Charter School Appeal Commission is established to |
| 440 | assist the commissioner and the State Board of Education with a |
| 441 | fair and impartial review of appeals by applicants whose charter |
| 442 | applications have been denied, whose charter contracts have not |
| 443 | been renewed, or whose charter contracts have been terminated by |
| 444 | their sponsors. |
| 445 | 2. The Charter School Appeal Commission may receive copies |
| 446 | of the appeal documents forwarded to the State Board of |
| 447 | Education, review the documents, gather other applicable |
| 448 | information regarding the appeal, and make a written |
| 449 | recommendation to the commissioner. The recommendation must |
| 450 | state whether the appeal should be upheld or denied and include |
| 451 | the reasons for the recommendation being offered. The |
| 452 | commissioner shall forward the recommendation to the State Board |
| 453 | of Education no later than 7 calendar days prior to the date on |
| 454 | which the appeal is to be heard. The state board must consider |
| 455 | the commission's recommendation in making its decision, but is |
| 456 | not bound by the recommendation. The decision of the Charter |
| 457 | School Appeal Commission is not subject to the provisions of the |
| 458 | Administrative Procedure Act, chapter 120. |
| 459 | 3. The commissioner shall appoint a number of the members |
| 460 | to of the Charter School Appeal Commission sufficient to ensure |
| 461 | that no potential conflict of interest exists for any commission |
| 462 | appeal decision. Members shall serve without compensation but |
| 463 | may be reimbursed for travel and per diem expenses in |
| 464 | conjunction with their service. Of the members hearing the |
| 465 | appeal, one-half of the members must represent currently |
| 466 | operating charter schools, and one-half of the members must |
| 467 | represent sponsors. The commissioner or a named designee shall |
| 468 | chair the Charter School Appeal Commission. |
| 469 | 4. The chair shall convene meetings of the commission and |
| 470 | shall ensure that the written recommendations are completed and |
| 471 | forwarded in a timely manner. In cases where the commission |
| 472 | cannot reach a decision, the chair shall make the written |
| 473 | recommendation with justification, noting that the decision was |
| 474 | rendered by the chair. |
| 475 | 5. Commission members shall thoroughly review the |
| 476 | materials presented to them from the appellant and the sponsor. |
| 477 | The commission may request information to clarify the |
| 478 | documentation presented to it. In the course of its review, the |
| 479 | commission may facilitate the postponement of an appeal in those |
| 480 | cases where additional time and communication may negate the |
| 481 | need for a formal appeal and both parties agree, in writing, to |
| 482 | postpone the appeal to the State Board of Education. A new date |
| 483 | certain for the appeal shall then be set based upon the rules |
| 484 | and procedures of the State Board of Education. Commission |
| 485 | members shall provide a written recommendation to the state |
| 486 | board as to whether the appeal should be upheld or denied. A |
| 487 | fact-based justification for the recommendation must be |
| 488 | included. The chair must ensure that the written recommendation |
| 489 | is submitted to the State Board of Education members no later |
| 490 | than 7 calendar days prior to the date on which the appeal is to |
| 491 | be heard. Both parties in the case shall also be provided a copy |
| 492 | of the recommendation. |
| 493 | (f)1. The Department of Education shall provide offer or |
| 494 | arrange for training and technical assistance to charter schools |
| 495 | school applicants in developing and adjusting business plans and |
| 496 | accounting for estimating costs and income. Training and |
| 497 | technical This assistance shall also address, at a minimum, |
| 498 | state and federal grant and student performance accountability |
| 499 | reporting requirements and provide assistance in estimating |
| 500 | startup costs, projecting enrollment, and identifying and |
| 501 | applying for the types and amounts of state and federal |
| 502 | financial assistance the charter school may be eligible to |
| 503 | receive. The department may provide other technical assistance |
| 504 | to an applicant upon written request. |
| 505 | 2. A charter school applicant must participate in the |
| 506 | training provided by the Department of Education after approval |
| 507 | of an application but at least 30 calendar days before the first |
| 508 | day of classes at the charter school before filing an |
| 509 | application. However, a sponsor may require the charter school |
| 510 | applicant to attend training provided by the sponsor in lieu of |
| 511 | the department's training if the sponsor's training standards |
| 512 | meet or exceed the standards developed by the department of |
| 513 | Education. In such case, the sponsor may not require the charter |
| 514 | school applicant to attend the training within 30 calendar days |
| 515 | before the first day of classes at the charter school. The |
| 516 | training must shall include instruction in accurate financial |
| 517 | planning and good business practices. If the applicant is a |
| 518 | management company or a other nonprofit organization, the |
| 519 | charter school principal and the chief financial officer or his |
| 520 | or her equivalent must also participate in the training. A |
| 521 | sponsor may not require a high-performing charter school or |
| 522 | high-performing charter school system applicant to participate |
| 523 | in the training described in this subparagraph more than once. |
| 524 | (7) CHARTER.-The major issues involving the operation of a |
| 525 | charter school shall be considered in advance and written into |
| 526 | the charter. The charter shall be signed by the governing board |
| 527 | body of the charter school and the sponsor, following a public |
| 528 | hearing to ensure community input. |
| 529 | (a) The charter shall address and criteria for approval of |
| 530 | the charter shall be based on: |
| 531 | 1. The school's mission, the students to be served, and |
| 532 | the ages and grades to be included. |
| 533 | 2. The focus of the curriculum, the instructional methods |
| 534 | to be used, any distinctive instructional techniques to be |
| 535 | employed, and identification and acquisition of appropriate |
| 536 | technologies needed to improve educational and administrative |
| 537 | performance which include a means for promoting safe, ethical, |
| 538 | and appropriate uses of technology which comply with legal and |
| 539 | professional standards. The charter shall ensure that reading is |
| 540 | a primary focus of the curriculum and that resources are |
| 541 | provided to identify and provide specialized instruction for |
| 542 | students who are reading below grade level. The curriculum and |
| 543 | instructional strategies for reading must be consistent with the |
| 544 | Sunshine State Standards and grounded in scientifically based |
| 545 | reading research. |
| 546 | 3. The current incoming baseline standard of student |
| 547 | academic achievement, the outcomes to be achieved, and the |
| 548 | method of measurement that will be used. The criteria listed in |
| 549 | this subparagraph shall include a detailed description of: |
| 550 | a. How the baseline student academic achievement levels |
| 551 | and prior rates of academic progress will be established. |
| 552 | b. How these baseline rates will be compared to rates of |
| 553 | academic progress achieved by these same students while |
| 554 | attending the charter school. |
| 555 | c. To the extent possible, how these rates of progress |
| 556 | will be evaluated and compared with rates of progress of other |
| 557 | closely comparable student populations. |
| 558 |
|
| 559 | The district school board is required to provide academic |
| 560 | student performance data to charter schools for each of their |
| 561 | students coming from the district school system, as well as |
| 562 | rates of academic progress of comparable student populations in |
| 563 | the district school system. |
| 564 | 4. The methods used to identify the educational strengths |
| 565 | and needs of students and how well educational goals and |
| 566 | performance standards are met by students attending the charter |
| 567 | school. The methods shall provide a means for the charter school |
| 568 | to ensure accountability to its constituents by analyzing |
| 569 | student performance data and by evaluating the effectiveness and |
| 570 | efficiency of its major educational programs. Students in |
| 571 | charter schools shall, at a minimum, participate in the |
| 572 | statewide assessment program created under s. 1008.22. |
| 573 | 5. In secondary charter schools, a method for determining |
| 574 | that a student has satisfied the requirements for graduation in |
| 575 | s. 1003.43. |
| 576 | 6. A method for resolving conflicts between the governing |
| 577 | board body of the charter school and the sponsor. |
| 578 | 7. The admissions procedures and dismissal procedures, |
| 579 | including the school's code of student conduct. |
| 580 | 8. The ways by which the school will achieve a |
| 581 | racial/ethnic balance reflective of the community it serves or |
| 582 | within the racial/ethnic range of other public schools in the |
| 583 | same school district. |
| 584 | 9. The financial and administrative management of the |
| 585 | school, including a reasonable demonstration of the professional |
| 586 | experience or competence of those individuals or organizations |
| 587 | applying to operate the charter school or those hired or |
| 588 | retained to perform such professional services and the |
| 589 | description of clearly delineated responsibilities and the |
| 590 | policies and practices needed to effectively manage the charter |
| 591 | school. A description of internal audit procedures and |
| 592 | establishment of controls to ensure that financial resources are |
| 593 | properly managed must be included. Both public sector and |
| 594 | private sector professional experience shall be equally valid in |
| 595 | such a consideration. |
| 596 | 10. The asset and liability projections required in the |
| 597 | application which are incorporated into the charter and shall be |
| 598 | compared with information provided in the annual report of the |
| 599 | charter school. |
| 600 | 11. A description of procedures that identify various |
| 601 | risks and provide for a comprehensive approach to reduce the |
| 602 | impact of losses; plans to ensure the safety and security of |
| 603 | students and staff; plans to identify, minimize, and protect |
| 604 | others from violent or disruptive student behavior; and the |
| 605 | manner in which the school will be insured, including whether or |
| 606 | not the school will be required to have liability insurance, |
| 607 | and, if so, the terms and conditions thereof and the amounts of |
| 608 | coverage. |
| 609 | 12. The term of the charter which shall provide for |
| 610 | cancellation of the charter if insufficient progress has been |
| 611 | made in attaining the student achievement objectives of the |
| 612 | charter and if it is not likely that such objectives can be |
| 613 | achieved before expiration of the charter. The initial term of a |
| 614 | charter shall be for 4 or 5 years. In order to facilitate access |
| 615 | to long-term financial resources for charter school |
| 616 | construction, charter schools that are operated by a |
| 617 | municipality or other public entity as provided by law are |
| 618 | eligible for up to a 15-year charter, subject to approval by the |
| 619 | district school board. A charter lab school is eligible for a |
| 620 | charter for a term of up to 15 years. In addition, to facilitate |
| 621 | access to long-term financial resources for charter school |
| 622 | construction, charter schools that are operated by a private, |
| 623 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
| 624 | up to a 15-year charter, subject to approval by the district |
| 625 | school board. Such long-term charters remain subject to annual |
| 626 | review and may be terminated during the term of the charter, but |
| 627 | only according to the provisions set forth in subsection (8). |
| 628 | 13. The facilities to be used and their location. |
| 629 | 14. The qualifications to be required of the teachers and |
| 630 | the potential strategies used to recruit, hire, train, and |
| 631 | retain qualified staff to achieve best value. |
| 632 | 15. The governance structure of the school, including the |
| 633 | status of the charter school as a public or private employer as |
| 634 | required in paragraph (12)(i). |
| 635 | 16. A timetable for implementing the charter which |
| 636 | addresses the implementation of each element thereof and the |
| 637 | date by which the charter shall be awarded in order to meet this |
| 638 | timetable. |
| 639 | 17. In the case of an existing public school that is being |
| 640 | converted to charter status, alternative arrangements for |
| 641 | current students who choose not to attend the charter school and |
| 642 | for current teachers who choose not to teach in the charter |
| 643 | school after conversion in accordance with the existing |
| 644 | collective bargaining agreement or district school board rule in |
| 645 | the absence of a collective bargaining agreement. However, |
| 646 | alternative arrangements shall not be required for current |
| 647 | teachers who choose not to teach in a charter lab school, except |
| 648 | as authorized by the employment policies of the state university |
| 649 | which grants the charter to the lab school. |
| 650 | 18. Full disclosure of the identity of all relatives |
| 651 | employed by the charter school who are related to the charter |
| 652 | school owner, president, chairperson of the governing board of |
| 653 | directors, superintendent, governing board member, principal, |
| 654 | assistant principal, or any other person employed by the charter |
| 655 | school who has equivalent decisionmaking authority. For the |
| 656 | purpose of this subparagraph, the term "relative" means father, |
| 657 | mother, son, daughter, brother, sister, uncle, aunt, first |
| 658 | cousin, nephew, niece, husband, wife, father-in-law, mother-in- |
| 659 | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, |
| 660 | stepfather, stepmother, stepson, stepdaughter, stepbrother, |
| 661 | stepsister, half brother, or half sister. |
| 662 | 19. Implementation of the activities authorized under s. |
| 663 | 1002.331 by the charter school when it satisfies the eligibility |
| 664 | requirements for a high-performing charter school. A high- |
| 665 | performing charter school shall notify its sponsor in writing by |
| 666 | March 1 if it intends to increase enrollment or expand grade |
| 667 | levels the following school year. The written notice shall |
| 668 | specify the amount of the enrollment increase and the grade |
| 669 | levels that will be added, as applicable. |
| 670 | (b)1. A charter may be renewed provided that a program |
| 671 | review demonstrates that the criteria in paragraph (a) have been |
| 672 | successfully accomplished and that none of the grounds for |
| 673 | nonrenewal established by paragraph (8)(a) has been documented. |
| 674 | In order to facilitate long-term financing for charter school |
| 675 | construction, charter schools operating for a minimum of 3 years |
| 676 | and demonstrating exemplary academic programming and fiscal |
| 677 | management are eligible for a 15-year charter renewal. Such |
| 678 | long-term charter is subject to annual review and may be |
| 679 | terminated during the term of the charter. |
| 680 | 2. The 15-year charter renewal that may be granted |
| 681 | pursuant to subparagraph 1. shall be granted to a charter school |
| 682 | that has received a school grade of "A" or "B" pursuant to s. |
| 683 | 1008.34 in 3 of the past 4 years and is not in a state of |
| 684 | financial emergency or deficit position as defined by this |
| 685 | section. Such long-term charter is subject to annual review and |
| 686 | may be terminated during the term of the charter pursuant to |
| 687 | subsection (8). |
| 688 | (c) A charter may be modified during its initial term or |
| 689 | any renewal term upon the recommendation of the sponsor or the |
| 690 | charter school's school governing board and the approval of both |
| 691 | parties to the agreement. |
| 692 | (d)1. Each charter school's governing board must appoint a |
| 693 | representative to facilitate parental involvement, provide |
| 694 | access to information, assist parents and others with questions |
| 695 | and concerns, and resolve disputes. The representative must |
| 696 | reside in the school district in which the charter school is |
| 697 | located and may be a governing board member, charter school |
| 698 | employee, or individual contracted to represent the governing |
| 699 | board. If the governing board oversees multiple charter schools |
| 700 | in the same school district, a single representative may be |
| 701 | appointed to serve all such schools. The representative's |
| 702 | contact information must be provided annually in writing to |
| 703 | parents and posted prominently on the charter school's website |
| 704 | if a website is maintained by the school. The sponsor may not |
| 705 | require that governing board members reside in the school |
| 706 | district in which the charter school is located if the charter |
| 707 | school complies with this paragraph. |
| 708 | 2. Each charter school's governing board must hold at |
| 709 | least two public meetings per school year in the school |
| 710 | district. The meetings must be noticed, open, and accessible to |
| 711 | the public, and attendees must be provided an opportunity to |
| 712 | receive information and provide input regarding the charter |
| 713 | school's operations. The appointed representative and charter |
| 714 | school principal or director, or his or her equivalent, must be |
| 715 | physically present at each meeting. |
| 716 | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.- |
| 717 | (b) At least 90 days prior to renewing or terminating a |
| 718 | charter, the sponsor shall notify the governing board body of |
| 719 | the school of the proposed action in writing. The notice shall |
| 720 | state in reasonable detail the grounds for the proposed action |
| 721 | and stipulate that the school's governing board body may, within |
| 722 | 14 calendar days after receiving the notice, request a an |
| 723 | informal hearing. The hearing shall be conducted at the |
| 724 | sponsor's election in accordance with one of the following |
| 725 | procedures: |
| 726 | 1. A direct hearing conducted by the sponsor within 60 |
| 727 | days after receipt of the request for a hearing. The hearing |
| 728 | shall be conducted in accordance with ss. 120.569 and 120.57. |
| 729 | The sponsor shall decide upon nonrenewal or termination by a |
| 730 | majority vote. The sponsor's decision shall be a final order; or |
| 731 | 2. A hearing conducted by an administrative law judge |
| 732 | assigned by the Division of Administrative Hearings. The hearing |
| 733 | shall be conducted within 60 days after receipt of the request |
| 734 | for a hearing and in accordance with chapter 120. The |
| 735 | administrative law judge's recommended order shall be submitted |
| 736 | to the sponsor. A majority vote by the sponsor shall be required |
| 737 | to adopt or modify the administrative law judge's recommended |
| 738 | order. The sponsor shall issue a final order before the sponsor. |
| 739 | The sponsor shall conduct the informal hearing within 30 |
| 740 | calendar days after receiving a written request. |
| 741 | (c) The final order shall state the specific reasons for |
| 742 | the sponsor's decision. The sponsor shall provide its final |
| 743 | order to the charter school's governing board and the Department |
| 744 | of Education no later than 10 calendar days after its issuance. |
| 745 | If a charter is not renewed or is terminated pursuant to |
| 746 | paragraph (b), the sponsor shall, within 10 calendar days, |
| 747 | articulate in writing the specific reasons for its nonrenewal or |
| 748 | termination of the charter and must provide the letter of |
| 749 | nonrenewal or termination and documentation supporting the |
| 750 | reasons to the charter school governing body, the charter school |
| 751 | principal, and the Department of Education. The charter school's |
| 752 | governing board body may, within 30 calendar days after |
| 753 | receiving the sponsor's final order written decision to refuse |
| 754 | to renew or to terminate the charter, appeal the decision |
| 755 | pursuant to s. 120.68 the procedure established in subsection |
| 756 | (6). |
| 757 | (d) A charter may be terminated immediately if the sponsor |
| 758 | sets forth in writing the particular facts and circumstances |
| 759 | indicating that an immediate and serious danger to determines |
| 760 | that good cause has been shown or if the health, safety, or |
| 761 | welfare of the charter school's students exists is threatened. |
| 762 | The sponsor's determination is not subject to the procedures set |
| 763 | forth in paragraphs an informal hearing under paragraph (b) and |
| 764 | (c), except that the hearing may take place after the charter |
| 765 | has been terminated or pursuant to chapter 120. The sponsor |
| 766 | shall notify in writing the charter school's governing board |
| 767 | body, the charter school principal, and the department if a |
| 768 | charter is immediately terminated immediately. The sponsor shall |
| 769 | clearly identify the specific issues that resulted in the |
| 770 | immediate termination and provide evidence of prior notification |
| 771 | of issues resulting in the immediate termination when |
| 772 | appropriate. Upon receiving written notice from the sponsor, the |
| 773 | charter school's governing board has 10 calendar days to request |
| 774 | a hearing. A requested hearing must be expedited and the final |
| 775 | order must be issued within 60 days after the date of request. |
| 776 | The sponsor shall assume operation of the charter school |
| 777 | throughout the pendency of the hearing under paragraphs (b) and |
| 778 | (c) unless the continued operation of the charter school would |
| 779 | materially threaten the health, safety, or welfare of the |
| 780 | students. Failure by the sponsor to assume and continue |
| 781 | operation of the charter school shall result in the awarding of |
| 782 | reasonable costs and attorney's fees to the charter school if |
| 783 | the charter school prevails on appeal. The school district in |
| 784 | which the charter school is located shall assume operation of |
| 785 | the school under these circumstances. The charter school's |
| 786 | governing board may, within 30 days after receiving the |
| 787 | sponsor's decision to terminate the charter, appeal the decision |
| 788 | pursuant to the procedure established in subsection (6). |
| 789 | (9) CHARTER SCHOOL REQUIREMENTS.- |
| 790 | (g) In order to provide financial information that is |
| 791 | comparable to that reported for other public schools, charter |
| 792 | schools are to maintain all financial records that constitute |
| 793 | their accounting system: |
| 794 | 1. In accordance with the accounts and codes prescribed in |
| 795 | the most recent issuance of the publication titled "Financial |
| 796 | and Program Cost Accounting and Reporting for Florida Schools"; |
| 797 | or |
| 798 | 2. At the discretion of the charter school's school |
| 799 | governing board, a charter school may elect to follow generally |
| 800 | accepted accounting standards for not-for-profit organizations, |
| 801 | but must reformat this information for reporting according to |
| 802 | this paragraph. |
| 803 |
|
| 804 | Charter schools shall provide annual financial report and |
| 805 | program cost report information in the state-required formats |
| 806 | for inclusion in district reporting in compliance with s. |
| 807 | 1011.60(1). Charter schools that are operated by a municipality |
| 808 | or are a component unit of a parent nonprofit organization may |
| 809 | use the accounting system of the municipality or the parent but |
| 810 | must reformat this information for reporting according to this |
| 811 | paragraph. A charter school shall provide a monthly financial |
| 812 | statement to the sponsor unless the charter school is designated |
| 813 | as a high-performing charter school pursuant to s. 1002.331, in |
| 814 | which case the high-performing charter school may provide a |
| 815 | quarterly financial statement. The monthly financial statement |
| 816 | required under this paragraph shall be in a form prescribed by |
| 817 | the Department of Education. |
| 818 | (10) ELIGIBLE STUDENTS.- |
| 819 | (d) A charter school may give enrollment preference to the |
| 820 | following student populations: |
| 821 | 1. Students who are siblings of a student enrolled in the |
| 822 | charter school. |
| 823 | 2. Students who are the children of a member of the |
| 824 | governing board of the charter school. |
| 825 | 3. Students who are the children of an employee of the |
| 826 | charter school. |
| 827 | 4. Students who are the children of: |
| 828 | a. An employee of the business partner of a charter |
| 829 | school-in-the-workplace established under paragraph (15)(b) or a |
| 830 | resident of the municipality in which such charter school is |
| 831 | located; or |
| 832 | b. A resident of a municipality that operates a charter |
| 833 | school-in-a-municipality pursuant to paragraph (15)(c). |
| 834 | 5. Students who have successfully completed a voluntary |
| 835 | prekindergarten education program under ss. 1002.51-1002.79 |
| 836 | provided by the charter school or the charter school's governing |
| 837 | board during the previous year. |
| 838 | 6. Students who are the children of an active-duty member |
| 839 | of any branch of the United States Armed Forces. |
| 840 | (h) The capacity of the charter school shall be determined |
| 841 | annually by the governing board, in conjunction with the |
| 842 | sponsor, of the charter school in consideration of the factors |
| 843 | identified in this subsection unless the charter school is |
| 844 | designated as a high-performing charter school pursuant to s. |
| 845 | 1002.331. A sponsor may not require a charter school to waive |
| 846 | the provisions of s. 1002.331 or require a student enrollment |
| 847 | cap that prohibits a high-performing charter school from |
| 848 | increasing enrollment in accordance with s. 1002.331(2) as a |
| 849 | condition of approval or renewal of a charter. |
| 850 | (i) The capacity of a high-performing charter school |
| 851 | identified pursuant to s. 1002.331 shall be determined annually |
| 852 | by the governing board of the charter school. The governing |
| 853 | board shall notify the sponsor of any increase in enrollment by |
| 854 | March 1 of the school year preceding the increase. |
| 855 | (16) EXEMPTION FROM STATUTES AND ORDINANCES.- |
| 856 | (c) A local government may not impose any ordinance, |
| 857 | resolution, or regulation, including a stipulation to a |
| 858 | development order as defined in s. 163.3164, upon a charter |
| 859 | school that is not imposed upon all public schools within the |
| 860 | local government's jurisdiction. |
| 861 | (19) CAPITAL OUTLAY FUNDING.-Charter schools are eligible |
| 862 | for capital outlay funds pursuant to s. 1013.62. Capital outlay |
| 863 | funds authorized in ss. s. 1011.71(2) and 1013.62 that have been |
| 864 | shared with a charter school-in-the-workplace prior to July 1, |
| 865 | 2010, are deemed to have met the authorized expenditure |
| 866 | requirements for such funds. |
| 867 | (25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.- |
| 868 | (b) A member of a governing board of a charter school |
| 869 | operated by a municipality or other public entity is subject to |
| 870 | s. 112.3145 112.3144, which relates to the disclosure of |
| 871 | financial interests. |
| 872 | (26) FACILITIES SHARED BY CHARTER SCHOOLS.- |
| 873 | (a) A charter school may not transfer an enrolled student |
| 874 | to another charter school having a separate Master School |
| 875 | Identification Number without first obtaining the written |
| 876 | approval of the student's parent. |
| 877 | (b) If a charter school moves out of a facility that is |
| 878 | shared with another charter school having a separate Master |
| 879 | School Identification Number, the charter school must provide |
| 880 | for an audit of all equipment, educational materials and |
| 881 | supplies, curriculum materials, and other items purchased or |
| 882 | developed with federal charter school program grant funds, and |
| 883 | such items must be transferred to the charter school's new |
| 884 | location. The audit report must be submitted to the Department |
| 885 | of Education within 60 days after completion. |
| 886 | (27) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER |
| 887 | SCHOOL SYSTEMS.-A charter school system shall be designated a |
| 888 | local educational agency solely for the purpose of receiving |
| 889 | federal funds, in the same manner as if the charter school |
| 890 | system were a school district, if the governing board of the |
| 891 | charter school system has adopted and filed a resolution with |
| 892 | its sponsoring district school board and the Department of |
| 893 | Education in which the governing board accepts full |
| 894 | responsibility for all local educational agency requirements and |
| 895 | if the charter school system meets all of the following: |
| 896 | (a) Includes both conversion charter schools and |
| 897 | nonconversion charter schools; |
| 898 | (b) Has all schools located in the same county; |
| 899 | (c) Has a total enrollment exceeding the total enrollment |
| 900 | of at least one school district in the state; |
| 901 | (d) Has the same governing board; and |
| 902 | (e) Does not contract with a for-profit service provider |
| 903 | for management of school operations. |
| 904 |
|
| 905 | Such designation does not apply to other provisions of law |
| 906 | unless specifically provided by law. |
| 907 | Section 4. (1) For the 2011-2012 fiscal year, the |
| 908 | Department of Education shall: |
| 909 | (a) Identify the school districts that distribute funds or |
| 910 | provide facilities, renovation, or new construction with funds |
| 911 | generated by the capital improvement millage authorized under s. |
| 912 | 1011.71(2), Florida Statutes, to charter schools and the use of |
| 913 | such funds by the charter schools. |
| 914 | (b) Examine the costs associated with supervising charter |
| 915 | schools and determine whether the 5-percent administrative fee |
| 916 | for administrative and educational services for charter schools |
| 917 | covers the costs associated with the provision of the services. |
| 918 | (c) Examine the distribution of federal education funding |
| 919 | to eligible students who are enrolled in charter schools, |
| 920 | including, without limitation, funding provided under Title I of |
| 921 | the Elementary and Secondary Education Act and the Individuals |
| 922 | with Disabilities Education Act. |
| 923 | (d) Examine the impacts of removing the discretion given |
| 924 | to school districts regarding the distribution of capital |
| 925 | improvement millage authorized under s. 1011.71(2), Florida |
| 926 | Statutes, to charter schools-in-a-municipality as set forth in |
| 927 | s. 1002.33(15)(c), Florida Statutes. |
| 928 | (2) The Department of Education shall report its findings |
| 929 | to the Governor, the President of the Senate, and the Speaker of |
| 930 | the House of Representatives no later than January 1, 2012. |
| 931 | Section 5. This act shall take effect July 1, 2011. |