Bill Text: FL H1569 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Charter Schools

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Messages [H1569 Detail]

Download: Florida-2010-H1569-Comm_Sub.html

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CS/HB 1569

1	A bill to be entitled
2	An act relating to charter schools; amending s. 1002.33,
3	F.S.; correcting cross-references to high school
4	graduation requirements; providing eligibility
5	requirements for designation as a high-performing charter
6	school; providing that a high-performing charter school is
7	entitled to certain renewal, increase in enrollment,
8	startup grants, capital outlay funds, and application
9	procedures; revising requirements for providing financial
10	statements to a sponsor; deleting obsolete provisions;
11	revising requirements for the establishment of a charter
12	school-in-the-workplace; providing that a charter school-
13	in-the-workplace is eligible for capital outlay funding;
14	providing that charter schools shall receive certain
15	federal funding for which they are eligible; prohibiting a
16	school district from imposing certain restrictions
17	relating to charter school facilities; providing for an
18	exemption from certain exactions; removing a reporting
19	requirement relating to student assessment data; revising
20	restrictions on the employment of relatives by charter
21	school personnel; providing an exception; correcting a
22	cross-reference relating to the disclosure of financial
23	interests; conforming cross-references; amending s.
24	1013.62, F.S.; authorizing additional uses for charter
25	school capital outlay funds; conforming cross-references;
26	amending ss. 163.3180, 1002.32, 1002.34, 1002.345,
27	1011.68, and 1012.32, F.S.; conforming cross-references
28	and provisions; requiring the Office of Program Policy
29	Analysis and Government Accountability to conduct a study
30	comparing the funding of charter schools with traditional
31	public schools and examining certain funding and costs;
32	requiring recommendations to the Governor and Legislature,
33	if warranted, for improving the accountability and equity
34	of the funding system for charter schools; providing an
35	effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1. Subsection (7) of section 1002.33, Florida
40	Statutes, is amended, a new subsection (8) is added to that
41	section, and present subsections (8) through (26) are renumbered
42	as subsections (9) through (27), respectively, and amended, to
43	read:
44	1002.33 Charter schools.-
45	(7) CHARTER.-The major issues involving the operation of a
46	charter school shall be considered in advance and written into
47	the charter. The charter shall be signed by the governing body
48	of the charter school and the sponsor, following a public
49	hearing to ensure community input.
50	(a) The charter shall address and criteria for approval of
51	the charter shall be based on:
52	1. The school's mission, the students to be served, and
53	the ages and grades to be included.
54	2. The focus of the curriculum, the instructional methods
55	to be used, any distinctive instructional techniques to be
56	employed, and identification and acquisition of appropriate
57	technologies needed to improve educational and administrative
58	performance which include a means for promoting safe, ethical,
59	and appropriate uses of technology which comply with legal and
60	professional standards. The charter shall ensure that reading is
61	a primary focus of the curriculum and that resources are
62	provided to identify and provide specialized instruction for
63	students who are reading below grade level. The curriculum and
64	instructional strategies for reading must be consistent with the
65	Sunshine State Standards and grounded in scientifically based
66	reading research.
67	3. The current incoming baseline standard of student
68	academic achievement, the outcomes to be achieved, and the
69	method of measurement that will be used. The criteria listed in
70	this subparagraph shall include a detailed description of:
71	a. How the baseline student academic achievement levels
72	and prior rates of academic progress will be established.
73	b. How these baseline rates will be compared to rates of
74	academic progress achieved by these same students while
75	attending the charter school.
76	c. To the extent possible, how these rates of progress
77	will be evaluated and compared with rates of progress of other
78	closely comparable student populations.
79
80	The district school board is required to provide academic
81	student performance data to charter schools for each of their
82	students coming from the district school system, as well as
83	rates of academic progress of comparable student populations in
84	the district school system.
85	4. The methods used to identify the educational strengths
86	and needs of students and how well educational goals and
87	performance standards are met by students attending the charter
88	school. The methods shall provide a means for the charter school
89	to ensure accountability to its constituents by analyzing
90	student performance data and by evaluating the effectiveness and
91	efficiency of its major educational programs. Students in
92	charter schools shall, at a minimum, participate in the
93	statewide assessment program created under s. 1008.22.
94	5. In secondary charter schools, a method for determining
95	that a student has satisfied the requirements for graduation in
96	s. 1003.428, s. 1003.429, or s. 1003.43.
97	6. A method for resolving conflicts between the governing
98	body of the charter school and the sponsor.
99	7. The admissions procedures and dismissal procedures,
100	including the school's code of student conduct.
101	8. The ways by which the school will achieve a
102	racial/ethnic balance reflective of the community it serves or
103	within the racial/ethnic range of other public schools in the
104	same school district.
105	9. The financial and administrative management of the
106	school, including a reasonable demonstration of the professional
107	experience or competence of those individuals or organizations
108	applying to operate the charter school or those hired or
109	retained to perform such professional services and the
110	description of clearly delineated responsibilities and the
111	policies and practices needed to effectively manage the charter
112	school. A description of internal audit procedures and
113	establishment of controls to ensure that financial resources are
114	properly managed must be included. Both public sector and
115	private sector professional experience shall be equally valid in
116	such a consideration.
117	10. The asset and liability projections required in the
118	application which are incorporated into the charter and shall be
119	compared with information provided in the annual report of the
120	charter school.
121	11. A description of procedures that identify various
122	risks and provide for a comprehensive approach to reduce the
123	impact of losses; plans to ensure the safety and security of
124	students and staff; plans to identify, minimize, and protect
125	others from violent or disruptive student behavior; and the
126	manner in which the school will be insured, including whether or
127	not the school will be required to have liability insurance,
128	and, if so, the terms and conditions thereof and the amounts of
129	coverage.
130	12. The term of the charter which shall provide for
131	cancellation of the charter if insufficient progress has been
132	made in attaining the student achievement objectives of the
133	charter and if it is not likely that such objectives can be
134	achieved before expiration of the charter. The initial term of a
135	charter shall be for 4 or 5 years. In order to facilitate access
136	to long-term financial resources for charter school
137	construction, charter schools that are operated by a
138	municipality or other public entity as provided by law are
139	eligible for up to a 15-year charter, subject to approval by the
140	district school board. A charter lab school is eligible for a
141	charter for a term of up to 15 years. In addition, to facilitate
142	access to long-term financial resources for charter school
143	construction, charter schools that are operated by a private,
144	not-for-profit, s. 501(c)(3) status corporation are eligible for
145	up to a 15-year charter, subject to approval by the district
146	school board. Such long-term charters remain subject to annual
147	review and may be terminated during the term of the charter, but
148	only according to the provisions set forth in subsection (9)
149	(8).
150	13. The facilities to be used and their location.
151	14. The qualifications to be required of the teachers and
152	the potential strategies used to recruit, hire, train, and
153	retain qualified staff to achieve best value.
154	15. The governance structure of the school, including the
155	status of the charter school as a public or private employer as
156	required in paragraph (13)(12)(i).
157	16. A timetable for implementing the charter which
158	addresses the implementation of each element thereof and the
159	date by which the charter shall be awarded in order to meet this
160	timetable.
161	17. In the case of an existing public school that is being
162	converted to charter status, alternative arrangements for
163	current students who choose not to attend the charter school and
164	for current teachers who choose not to teach in the charter
165	school after conversion in accordance with the existing
166	collective bargaining agreement or district school board rule in
167	the absence of a collective bargaining agreement. However,
168	alternative arrangements shall not be required for current
169	teachers who choose not to teach in a charter lab school, except
170	as authorized by the employment policies of the state university
171	which grants the charter to the lab school.
172	18. Full disclosure of the identity of all relatives
173	employed by the charter school who are related to the charter
174	school owner, president, chairperson of the governing board of
175	directors, superintendent, governing board member, principal,
176	assistant principal, or any other person employed by the charter
177	school who has equivalent decisionmaking authority. For the
178	purpose of this subparagraph, the term "relative" means father,
179	mother, son, daughter, brother, sister, uncle, aunt, first
180	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
181	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
182	stepfather, stepmother, stepson, stepdaughter, stepbrother,
183	stepsister, half brother, or half sister.
184	(b)1. A charter may be renewed provided that a program
185	review demonstrates that the criteria in paragraph (a) have been
186	successfully accomplished and that none of the grounds for
187	nonrenewal established by paragraph (9)(8)(a) has been
188	documented. In order to facilitate long-term financing for
189	charter school construction, charter schools operating for a
190	minimum of 3 years and demonstrating exemplary academic
191	programming and fiscal management are eligible for a 15-year
192	charter renewal. Such long-term charter is subject to annual
193	review and may be terminated during the term of the charter.
194	2. The 15-year charter renewal that may be granted
195	pursuant to subparagraph 1. shall be granted to a charter school
196	that has received a school grade of "A" or "B" pursuant to s.
197	1008.34 in 3 of the past 4 years and is not in a state of
198	financial emergency or deficit position as defined by this
199	section. Such long-term charter is subject to annual review and
200	may be terminated during the term of the charter pursuant to
201	subsection (9) (8).
202	(c) A charter may be modified during its initial term or
203	any renewal term upon the recommendation of the sponsor or the
204	charter school governing board and the approval of both parties
205	to the agreement.
206	(8) HIGH-PERFORMING CHARTER SCHOOLS.-
207	(a) A charter school is designated as a high-performing
208	charter school if it meets all of the following criteria:
209	1. Has received a school grade of "A" or "B" pursuant to
210	s. 1008.34 for 3 consecutive years.
211	2. Has received unqualified opinions on its annual audited
212	financial statements for 3 consecutive years.
213	3. Has maintained positive fund balances for 3 consecutive
214	years.
215	(b) A high-performing charter school is entitled to:
216	1. Automatically renew its charter for 15 years.
217	2. Increase its enrollment in excess of the maximum
218	enrollment specified in its charter.
219	3. Automatically qualify for startup grants for new
220	applicants.
221	4. Receive capital outlay funds under s. 1013.62 beginning
222	with the first year it receives a high-performing charter school
223	designation.
224	5. Receive an extension of time until January 1 to submit
225	an initial application pursuant to subsection (6) to replicate a
226	successful charter school.
227	(9)(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-
228	(a) The sponsor may choose not to renew or may terminate
229	the charter for any of the following grounds:
230	1. Failure to participate in the state's education
231	accountability system created in s. 1008.31, as required in this
232	section, or failure to meet the requirements for student
233	performance stated in the charter.
234	2. Failure to meet generally accepted standards of fiscal
235	management.
236	3. Violation of law.
237	4. Other good cause shown.
238	(b) At least 90 days prior to renewing or terminating a
239	charter, the sponsor shall notify the governing body of the
240	school of the proposed action in writing. The notice shall state
241	in reasonable detail the grounds for the proposed action and
242	stipulate that the school's governing body may, within 14
243	calendar days after receiving the notice, request an informal
244	hearing before the sponsor. The sponsor shall conduct the
245	informal hearing within 30 calendar days after receiving a
246	written request.
247	(c) If a charter is not renewed or is terminated pursuant
248	to paragraph (b), the sponsor shall, within 10 calendar days,
249	articulate in writing the specific reasons for its nonrenewal or
250	termination of the charter and must provide the letter of
251	nonrenewal or termination and documentation supporting the
252	reasons to the charter school governing body, the charter school
253	principal, and the Department of Education. The charter school's
254	governing body may, within 30 calendar days after receiving the
255	sponsor's final written decision to refuse to renew or to
256	terminate the charter, appeal the decision pursuant to the
257	procedure established in subsection (6).
258	(d) A charter may be terminated immediately if the sponsor
259	determines that good cause has been shown or if the health,
260	safety, or welfare of the students is threatened. The sponsor's
261	determination is not subject to an informal hearing under
262	paragraph (b) or pursuant to chapter 120. The sponsor shall
263	notify in writing the charter school's governing body, the
264	charter school principal, and the department if a charter is
265	immediately terminated. The sponsor shall clearly identify the
266	specific issues that resulted in the immediate termination and
267	provide evidence of prior notification of issues resulting in
268	the immediate termination when appropriate. The school district
269	in which the charter school is located shall assume operation of
270	the school under these circumstances. The charter school's
271	governing board may, within 30 days after receiving the
272	sponsor's decision to terminate the charter, appeal the decision
273	pursuant to the procedure established in subsection (6).
274	(e) When a charter is not renewed or is terminated, the
275	school shall be dissolved under the provisions of law under
276	which the school was organized, and any unencumbered public
277	funds, except for capital outlay funds and federal charter
278	school program grant funds, from the charter school shall revert
279	to the sponsor. Capital outlay funds provided pursuant to s.
280	1013.62 and federal charter school program grant funds that are
281	unencumbered shall revert to the department to be redistributed
282	among eligible charter schools. In the event a charter school is
283	dissolved or is otherwise terminated, all district school board
284	property and improvements, furnishings, and equipment purchased
285	with public funds shall automatically revert to full ownership
286	by the district school board, subject to complete satisfaction
287	of any lawful liens or encumbrances. Any unencumbered public
288	funds from the charter school, district school board property
289	and improvements, furnishings, and equipment purchased with
290	public funds, or financial or other records pertaining to the
291	charter school, in the possession of any person, entity, or
292	holding company, other than the charter school, shall be held in
293	trust upon the district school board's request, until any appeal
294	status is resolved.
295	(f) If a charter is not renewed or is terminated, the
296	charter school is responsible for all debts of the charter
297	school. The district may not assume the debt from any contract
298	made between the governing body of the school and a third party,
299	except for a debt that is previously detailed and agreed upon in
300	writing by both the district and the governing body of the
301	school and that may not reasonably be assumed to have been
302	satisfied by the district.
303	(g) If a charter is not renewed or is terminated, a
304	student who attended the school may apply to, and shall be
305	enrolled in, another public school. Normal application deadlines
306	shall be disregarded under such circumstances.
307	(10)(9) CHARTER SCHOOL REQUIREMENTS.-
308	(a) A charter school shall be nonsectarian in its
309	programs, admission policies, employment practices, and
310	operations.
311	(b) A charter school shall admit students as provided in
312	subsection (11) (10).
313	(c) A charter school shall be accountable to its sponsor
314	for performance as provided in subsection (7).
315	(d) A charter school shall not charge tuition or
316	registration fees, except those fees normally charged by other
317	public schools. However, a charter lab school may charge a
318	student activity and service fee as authorized by s. 1002.32(5).
319	(e) A charter school shall meet all applicable state and
320	local health, safety, and civil rights requirements.
321	(f) A charter school shall not violate the
322	antidiscrimination provisions of s. 1000.05.
323	(g) In order to provide financial information that is
324	comparable to that reported for other public schools, charter
325	schools are to maintain all financial records that constitute
326	their accounting system:
327	1. In accordance with the accounts and codes prescribed in
328	the most recent issuance of the publication titled "Financial
329	and Program Cost Accounting and Reporting for Florida Schools";
330	or
331	2. At the discretion of the charter school governing
332	board, a charter school may elect to follow generally accepted
333	accounting standards for not-for-profit organizations, but must
334	reformat this information for reporting according to this
335	paragraph.
336
337	Charter schools shall provide annual financial report and
338	program cost report information in the state-required formats
339	for inclusion in district reporting in compliance with s.
340	1011.60(1). Charter schools that are operated by a municipality
341	or are a component unit of a parent nonprofit organization may
342	use the accounting system of the municipality or the parent but
343	must reformat this information for reporting according to this
344	paragraph. A charter school shall provide a quarterly monthly
345	financial statement to the sponsor unless the charter school is
346	determined to be in a state of financial emergency pursuant to
347	s. 1002.345, in which case the charter school shall provide a
348	monthly financial statement. The monthly financial statement
349	required under this paragraph shall be in a form prescribed by
350	the Department of Education.
351	(h) The governing board of the charter school shall
352	annually adopt and maintain an operating budget.
353	(i) The governing body of the charter school shall
354	exercise continuing oversight over charter school operations.
355	(j) The governing body of the charter school shall be
356	responsible for:
357	1. Ensuring that the charter school has retained the
358	services of a certified public accountant or auditor for the
359	annual financial audit, pursuant to s. 1002.345(2), who shall
360	submit the report to the governing body.
361	2. Reviewing and approving the audit report, including
362	audit findings and recommendations for the financial recovery
363	plan.
364	3.a. Performing the duties in s. 1002.345, including
365	monitoring a corrective action plan.
366	b. Monitoring a financial recovery plan in order to ensure
367	compliance.
368	4. Participating in governance training approved by the
369	department which must include government in the sunshine,
370	conflicts of interest, ethics, and financial responsibility.
371	(k) The governing body of the charter school shall report
372	its progress annually to its sponsor, which shall forward the
373	report to the Commissioner of Education at the same time as
374	other annual school accountability reports. The Department of
375	Education shall develop a uniform, online annual accountability
376	report to be completed by charter schools. This report shall be
377	easy to utilize and contain demographic information, student
378	performance data, and financial accountability information. A
379	charter school shall not be required to provide information and
380	data that is duplicative and already in the possession of the
381	department. The Department of Education shall include in its
382	compilation a notation if a school failed to file its report by
383	the deadline established by the department. The report shall
384	include at least the following components:
385	1. Student achievement performance data, including the
386	information required for the annual school report and the
387	education accountability system governed by ss. 1008.31 and
388	1008.345. Charter schools are subject to the same accountability
389	requirements as other public schools, including reports of
390	student achievement information that links baseline student data
391	to the school's performance projections identified in the
392	charter. The charter school shall identify reasons for any
393	difference between projected and actual student performance.
394	2. Financial status of the charter school which must
395	include revenues and expenditures at a level of detail that
396	allows for analysis of the charter school's ability to meet
397	financial obligations and timely repayment of debt.
398	3. Documentation of the facilities in current use and any
399	planned facilities for use by the charter school for instruction
400	of students, administrative functions, or investment purposes.
401	4. Descriptive information about the charter school's
402	personnel, including salary and benefit levels of charter school
403	employees, the proportion of instructional personnel who hold
404	professional or temporary certificates, and the proportion of
405	instructional personnel teaching in-field or out-of-field.
406	(l) A charter school shall not levy taxes or issue bonds
407	secured by tax revenues.
408	(m) A charter school shall provide instruction for at
409	least the number of days required by law for other public
410	schools and may provide instruction for additional days.
411	(n) The director and a representative of the governing
412	body of a charter school that has received a school grade of "D"
413	under s. 1008.34(2) shall appear before the sponsor or the
414	sponsor's staff at least once a year to present information
415	concerning each contract component having noted deficiencies.
416	The sponsor shall communicate at the meeting, and in writing to
417	the director, the services provided to the school to help the
418	school address its deficiencies.
419	(o) Upon notification that a charter school receives a
420	school grade of "D" for 2 consecutive years or a school grade of
421	"F" under s. 1008.34(2), the charter school sponsor or the
422	sponsor's staff shall require the director and a representative
423	of the governing body to submit to the sponsor for approval a
424	school improvement plan to raise student achievement and to
425	implement the plan. The sponsor has the authority to approve a
426	school improvement plan that the charter school will implement
427	in the following school year. The sponsor may also consider the
428	State Board of Education's recommended action pursuant to s.
429	1008.33(1) as part of the school improvement plan. The
430	Department of Education shall offer technical assistance and
431	training to the charter school and its governing body and
432	establish guidelines for developing, submitting, and approving
433	such plans.
434	1. If the charter school fails to improve its student
435	performance from the year immediately prior to the
436	implementation of the school improvement plan, the sponsor shall
437	place the charter school on probation and shall require the
438	charter school governing body to take one of the following
439	corrective actions:
440	a. Contract for the educational services of the charter
441	school;
442	b. Reorganize the school at the end of the school year
443	under a new director or principal who is authorized to hire new
444	staff and implement a plan that addresses the causes of
445	inadequate progress; or
446	c. Reconstitute the charter school.
447	2. A charter school that is placed on probation shall
448	continue the corrective actions required under subparagraph 1.
449	until the charter school improves its student performance from
450	the year prior to the implementation of the school improvement
451	plan.
452	3. Notwithstanding any provision of this paragraph, the
453	sponsor may terminate the charter at any time pursuant to
454	subsection (9) (8).
455	(p) The director and a representative of the governing
456	body of a graded charter school that has submitted a school
457	improvement plan or has been placed on probation under paragraph
458	(o) shall appear before the sponsor or the sponsor's staff at
459	least once a year to present information regarding the
460	corrective strategies that are being implemented by the school
461	pursuant to the school improvement plan. The sponsor shall
462	communicate at the meeting, and in writing to the director, the
463	services provided to the school to help the school address its
464	deficiencies.
465	(11)(10) ELIGIBLE STUDENTS.-
466	(a) A charter school shall be open to any student covered
467	in an interdistrict agreement or residing in the school district
468	in which the charter school is located; however, in the case of
469	a charter lab school, the charter lab school shall be open to
470	any student eligible to attend the lab school as provided in s.
471	1002.32 or who resides in the school district in which the
472	charter lab school is located. Any eligible student shall be
473	allowed interdistrict transfer to attend a charter school when
474	based on good cause. Good cause shall include, but is not
475	limited to, geographic proximity to a charter school in a
476	neighboring school district.
477	(b) The charter school shall enroll an eligible student
478	who submits a timely application, unless the number of
479	applications exceeds the capacity of a program, class, grade
480	level, or building. In such case, all applicants shall have an
481	equal chance of being admitted through a random selection
482	process.
483	(c) When a public school converts to charter status,
484	enrollment preference shall be given to students who would have
485	otherwise attended that public school. The district school board
486	shall consult and negotiate with the conversion charter school
487	every 3 years to determine whether realignment of the conversion
488	charter school's attendance zone is appropriate in order to
489	ensure that students residing closest to the charter school are
490	provided with an enrollment preference.
491	(d) A charter school may give enrollment preference to the
492	following student populations:
493	1. Students who are siblings of a student enrolled in the
494	charter school.
495	2. Students who are the children of a member of the
496	governing board of the charter school.
497	3. Students who are the children of an employee of the
498	charter school.
499	(e) A charter school may limit the enrollment process only
500	to target the following student populations:
501	1. Students within specific age groups or grade levels.
502	2. Students considered at risk of dropping out of school
503	or academic failure. Such students shall include exceptional
504	education students.
505	3. Students enrolling in a charter school-in-the-workplace
506	or charter school-in-a-municipality established pursuant to
507	subsection (16) (15).
508	4. Students residing within a reasonable distance of the
509	charter school, as described in paragraph (21)(20)(c). Such
510	students shall be subject to a random lottery and to the
511	racial/ethnic balance provisions described in subparagraph
512	(7)(a)8. or any federal provisions that require a school to
513	achieve a racial/ethnic balance reflective of the community it
514	serves or within the racial/ethnic range of other public schools
515	in the same school district.
516	5. Students who meet reasonable academic, artistic, or
517	other eligibility standards established by the charter school
518	and included in the charter school application and charter or,
519	in the case of existing charter schools, standards that are
520	consistent with the school's mission and purpose. Such standards
521	shall be in accordance with current state law and practice in
522	public schools and may not discriminate against otherwise
523	qualified individuals.
524	6. Students articulating from one charter school to
525	another pursuant to an articulation agreement between the
526	charter schools that has been approved by the sponsor.
527	(f) Students with disabilities and students served in
528	English for Speakers of Other Languages programs shall have an
529	equal opportunity of being selected for enrollment in a charter
530	school.
531	(g) A student may withdraw from a charter school at any
532	time and enroll in another public school as determined by
533	district school board rule.
534	(h) The capacity of the charter school shall be determined
535	annually by the governing board, in conjunction with the
536	sponsor, of the charter school in consideration of the factors
537	identified in this subsection.
538	(12)(11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
539	ACTIVITIES.-A charter school student is eligible to participate
540	in an interscholastic extracurricular activity at the public
541	school to which the student would be otherwise assigned to
542	attend pursuant to s. 1006.15(3)(d).
543	(13)(12) EMPLOYEES OF CHARTER SCHOOLS.-
544	(a) A charter school shall select its own employees. A
545	charter school may contract with its sponsor for the services of
546	personnel employed by the sponsor.
547	(b) Charter school employees shall have the option to
548	bargain collectively. Employees may collectively bargain as a
549	separate unit or as part of the existing district collective
550	bargaining unit as determined by the structure of the charter
551	school.
552	(c) The employees of a conversion charter school shall
553	remain public employees for all purposes, unless such employees
554	choose not to do so.
555	(d) The teachers at a charter school may choose to be part
556	of a professional group that subcontracts with the charter
557	school to operate the instructional program under the auspices
558	of a partnership or cooperative that they collectively own.
559	Under this arrangement, the teachers would not be public
560	employees.
561	(e) Employees of a school district may take leave to
562	accept employment in a charter school upon the approval of the
563	district school board. While employed by the charter school and
564	on leave that is approved by the district school board, the
565	employee may retain seniority accrued in that school district
566	and may continue to be covered by the benefit programs of that
567	school district, if the charter school and the district school
568	board agree to this arrangement and its financing. School
569	districts shall not require resignations of teachers desiring to
570	teach in a charter school. This paragraph shall not prohibit a
571	district school board from approving alternative leave
572	arrangements consistent with chapter 1012.
573	(f) Teachers employed by or under contract to a charter
574	school shall be certified as required by chapter 1012. A charter
575	school governing board may employ or contract with skilled
576	selected noncertified personnel to provide instructional
577	services or to assist instructional staff members as education
578	paraprofessionals in the same manner as defined in chapter 1012,
579	and as provided by State Board of Education rule for charter
580	school governing boards. A charter school may not knowingly
581	employ an individual to provide instructional services or to
582	serve as an education paraprofessional if the individual's
583	certification or licensure as an educator is suspended or
584	revoked by this or any other state. A charter school may not
585	knowingly employ an individual who has resigned from a school
586	district in lieu of disciplinary action with respect to child
587	welfare or safety, or who has been dismissed for just cause by
588	any school district with respect to child welfare or safety. The
589	qualifications of teachers shall be disclosed to parents.
590	(g)1. A charter school shall employ or contract with
591	employees who have undergone background screening as provided in
592	s. 1012.32. Members of the governing board of the charter school
593	shall also undergo background screening in a manner similar to
594	that provided in s. 1012.32.
595	2. A charter school shall disqualify instructional
596	personnel and school administrators, as defined in s. 1012.01,
597	from employment in any position that requires direct contact
598	with students if the personnel or administrators are ineligible
599	for such employment under s. 1012.315.
600	3. The governing board of a charter school shall adopt
601	policies establishing standards of ethical conduct for
602	instructional personnel and school administrators. The policies
603	must require all instructional personnel and school
604	administrators, as defined in s. 1012.01, to complete training
605	on the standards; establish the duty of instructional personnel
606	and school administrators to report, and procedures for
607	reporting, alleged misconduct by other instructional personnel
608	and school administrators which affects the health, safety, or
609	welfare of a student; and include an explanation of the
610	liability protections provided under ss. 39.203 and 768.095. A
611	charter school, or any of its employees, may not enter into a
612	confidentiality agreement regarding terminated or dismissed
613	instructional personnel or school administrators, or personnel
614	or administrators who resign in lieu of termination, based in
615	whole or in part on misconduct that affects the health, safety,
616	or welfare of a student, and may not provide instructional
617	personnel or school administrators with employment references or
618	discuss the personnel's or administrators' performance with
619	prospective employers in another educational setting, without
620	disclosing the personnel's or administrators' misconduct. Any
621	part of an agreement or contract that has the purpose or effect
622	of concealing misconduct by instructional personnel or school
623	administrators which affects the health, safety, or welfare of a
624	student is void, is contrary to public policy, and may not be
625	enforced.
626	4. Before employing instructional personnel or school
627	administrators in any position that requires direct contact with
628	students, a charter school shall conduct employment history
629	checks of each of the personnel's or administrators' previous
630	employers, screen the instructional personnel or school
631	administrators through use of the educator screening tools
632	described in s. 1001.10(5), and document the findings. If unable
633	to contact a previous employer, the charter school must document
634	efforts to contact the employer.
635	5. The sponsor of a charter school that knowingly fails to
636	comply with this paragraph shall terminate the charter under
637	subsection (9) (8).
638	(h) For the purposes of tort liability, the governing body
639	and employees of a charter school shall be governed by s.
640	768.28.
641	(i) A charter school shall organize as, or be operated by,
642	a nonprofit organization. A charter school may be operated by a
643	municipality or other public entity as provided for by law. As
644	such, the charter school may be either a private or a public
645	employer. As a public employer, a charter school may participate
646	in the Florida Retirement System upon application and approval
647	as a "covered group" under s. 121.021(34). If a charter school
648	participates in the Florida Retirement System, the charter
649	school employees shall be compulsory members of the Florida
650	Retirement System. As either a private or a public employer, a
651	charter school may contract for services with an individual or
652	group of individuals who are organized as a partnership or a
653	cooperative. Individuals or groups of individuals who contract
654	their services to the charter school are not public employees.
655	(14)(13) CHARTER SCHOOL COOPERATIVES.-Charter schools may
656	enter into cooperative agreements to form charter school
657	cooperative organizations that may provide the following
658	services: charter school planning and development, direct
659	instructional services, and contracts with charter school
660	governing boards to provide personnel administrative services,
661	payroll services, human resource management, evaluation and
662	assessment services, teacher preparation, and professional
663	development.
664	(15)(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
665	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
666	TAXING POWER NOT TO BE PLEDGED.-Any arrangement entered into to
667	borrow or otherwise secure funds for a charter school authorized
668	in this section from a source other than the state or a school
669	district shall indemnify the state and the school district from
670	any and all liability, including, but not limited to, financial
671	responsibility for the payment of the principal or interest. Any
672	loans, bonds, or other financial agreements are not obligations
673	of the state or the school district but are obligations of the
674	charter school authority and are payable solely from the sources
675	of funds pledged by such agreement. The credit or taxing power
676	of the state or the school district shall not be pledged and no
677	debts shall be payable out of any moneys except those of the
678	legal entity in possession of a valid charter approved by a
679	district school board pursuant to this section.
680	(16)(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
681	SCHOOLS-IN-A-MUNICIPALITY.-
682	(a) In order to increase business partnerships in
683	education, to reduce school and classroom overcrowding
684	throughout the state, and to offset the high costs for
685	educational facilities construction, the Legislature intends to
686	encourage the formation of business partnership schools or
687	satellite learning centers and municipal-operated schools
688	through charter school status.
689	(b) A charter school-in-the-workplace may be established
690	when a business partner:
691	1. Provides one of the following:
692	a. Access to a the school facility to be used;
693	b. Resources that materially reduce the cost of
694	constructing a school facility;
695	c. Land for a school facility; or
696	d. Resources to maintain a school facility;
697	2. Enrolls students based upon a random lottery that
698	involves all of the children of employees of that business or
699	corporation who are seeking enrollment, as provided for in
700	subsection (11) (10); and
701	3. Enrolls students according to the racial/ethnic balance
702	provisions described in subparagraph (7)(a)8.
703
704	A charter school-in-the-workplace is eligible for capital outlay
705	funding under s. 1013.62. Any portion of a facility used for a
706	public charter school shall be exempt from ad valorem taxes, as
707	provided for in s. 1013.54, for the duration of its use as a
708	public school.
709	(c) A charter school-in-a-municipality designation may be
710	granted to a municipality that possesses a charter; enrolls
711	students based upon a random lottery that involves all of the
712	children of the residents of that municipality who are seeking
713	enrollment, as provided for in subsection (11) (10); and enrolls
714	students according to the racial/ethnic balance provisions
715	described in subparagraph (7)(a)8. When a municipality has
716	submitted charter applications for the establishment of a
717	charter school feeder pattern, consisting of elementary, middle,
718	and senior high schools, and each individual charter application
719	is approved by the district school board, such schools shall
720	then be designated as one charter school for all purposes listed
721	pursuant to this section. Any portion of the land and facility
722	used for a public charter school shall be exempt from ad valorem
723	taxes, as provided for in s. 1013.54, for the duration of its
724	use as a public school.
725	(d) As used in this subsection, the terms "business
726	partner" or "municipality" may include more than one business or
727	municipality to form a charter school-in-the-workplace or
728	charter school-in-a-municipality.
729	(17)(16) EXEMPTION FROM STATUTES.-
730	(a) A charter school shall operate in accordance with its
731	charter and shall be exempt from all statutes in chapters 1000-
732	1013. However, a charter school shall be in compliance with the
733	following statutes in chapters 1000-1013:
734	1. Those statutes specifically applying to charter
735	schools, including this section.
736	2. Those statutes pertaining to the student assessment
737	program and school grading system.
738	3. Those statutes pertaining to the provision of services
739	to students with disabilities.
740	4. Those statutes pertaining to civil rights, including s.
741	1000.05, relating to discrimination.
742	5. Those statutes pertaining to student health, safety,
743	and welfare.
744	(b) Additionally, a charter school shall be in compliance
745	with the following statutes:
746	1. Section 286.011, relating to public meetings and
747	records, public inspection, and criminal and civil penalties.
748	2. Chapter 119, relating to public records.
749	(18)(17) FUNDING.-Students enrolled in a charter school,
750	regardless of the sponsorship, shall be funded as if they are in
751	a basic program or a special program, the same as students
752	enrolled in other public schools in the school district. Funding
753	for a charter lab school shall be as provided in s. 1002.32.
754	(a) Each charter school shall report its student
755	enrollment to the sponsor as required in s. 1011.62, and in
756	accordance with the definitions in s. 1011.61. The sponsor shall
757	include each charter school's enrollment in the district's
758	report of student enrollment. All charter schools submitting
759	student record information required by the Department of
760	Education shall comply with the Department of Education's
761	guidelines for electronic data formats for such data, and all
762	districts shall accept electronic data that complies with the
763	Department of Education's electronic format.
764	(b) The basis for the agreement for funding students
765	enrolled in a charter school shall be the sum of the school
766	district's operating funds from the Florida Education Finance
767	Program as provided in s. 1011.62 and the General Appropriations
768	Act, including gross state and local funds, discretionary
769	lottery funds, and funds from the school district's current
770	operating discretionary millage levy; divided by total funded
771	weighted full-time equivalent students in the school district;
772	multiplied by the weighted full-time equivalent students for the
773	charter school. Charter schools whose students or programs meet
774	the eligibility criteria in law shall be entitled to their
775	proportionate share of categorical program funds included in the
776	total funds available in the Florida Education Finance Program
777	by the Legislature, including transportation. Total funding for
778	each charter school shall be recalculated during the year to
779	reflect the revised calculations under the Florida Education
780	Finance Program by the state and the actual weighted full-time
781	equivalent students reported by the charter school during the
782	full-time equivalent student survey periods designated by the
783	Commissioner of Education.
784	(c) If the district school board is providing programs or
785	services to students funded by federal funds, any eligible
786	students enrolled in charter schools in the school district
787	shall be provided federal funds for the same level of service
788	provided students in the schools operated by the district school
789	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
790	charter schools shall receive all federal funding for which the
791	school is otherwise eligible, including Title I and IDEA
792	funding, not later than 5 months after the charter school first
793	opens and within 5 months after any subsequent expansion of
794	enrollment.
795	(d) Charter schools shall be included by the Department of
796	Education and the district school board in requests for federal
797	stimulus funds in the same manner as district school board-
798	operated public schools, including Title I and IDEA funds and
799	shall be entitled to receive such funds. Charter schools are
800	eligible to participate in federal competitive grants that are
801	available as part of the federal stimulus funds.
802	(e) District school boards shall make timely and efficient
803	payment and reimbursement to charter schools, including
804	processing paperwork required to access special state and
805	federal funding for which they may be eligible. The district
806	school board may distribute funds to a charter school for up to
807	3 months based on the projected full-time equivalent student
808	membership of the charter school. Thereafter, the results of
809	full-time equivalent student membership surveys shall be used in
810	adjusting the amount of funds distributed monthly to the charter
811	school for the remainder of the fiscal year. The payment shall
812	be issued no later than 10 working days after the district
813	school board receives a distribution of state or federal funds.
814	If a warrant for payment is not issued within 10 working days
815	after receipt of funding by the district school board, the
816	school district shall pay to the charter school, in addition to
817	the amount of the scheduled disbursement, interest at a rate of
818	1 percent per month calculated on a daily basis on the unpaid
819	balance from the expiration of the 10 working days until such
820	time as the warrant is issued.
821	(19)(18) FACILITIES.-
822	(a) A startup charter school shall utilize facilities
823	which comply with the Florida Building Code pursuant to chapter
824	553 except for the State Requirements for Educational
825	Facilities. Conversion charter schools shall utilize facilities
826	that comply with the State Requirements for Educational
827	Facilities provided that the school district and the charter
828	school have entered into a mutual management plan for the
829	reasonable maintenance of such facilities. The mutual management
830	plan shall contain a provision by which the district school
831	board agrees to maintain charter school facilities in the same
832	manner as its other public schools within the district. Charter
833	schools, with the exception of conversion charter schools, are
834	not required to comply, but may choose to comply, with the State
835	Requirements for Educational Facilities of the Florida Building
836	Code adopted pursuant to s. 1013.37. The local governing
837	authority shall not adopt or impose local building requirements
838	or restrictions that are more stringent than those found in the
839	Florida Building Code. The agency having jurisdiction for
840	inspection of a facility and issuance of a certificate of
841	occupancy shall be the local municipality or, if in an
842	unincorporated area, the county governing authority. The school
843	district shall not impose any restrictions that are more
844	stringent than those of the agency having jurisdiction.
845	(b) A charter school shall utilize facilities that comply
846	with the Florida Fire Prevention Code, pursuant to s. 633.025,
847	as adopted by the authority in whose jurisdiction the facility
848	is located as provided in paragraph (a).
849	(c) Any facility, or portion thereof, used to house a
850	charter school whose charter has been approved by the sponsor
851	and the governing board, pursuant to subsection (7), shall be
852	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
853	community service, museum, performing arts, theatre, cinema,
854	church, community college, college, and university facilities
855	may provide space to charter schools within their facilities
856	under their preexisting zoning and land use designations.
857	(d) Charter school facilities are exempt from assessments
858	of fees for building permits, except as provided in s. 553.80,
859	fees for building and occupational licenses, impact fees or
860	exactions under s. 163.3180(13)(e)2., service availability fees,
861	and assessments for special benefits.
862	(e) If a district school board facility or property is
863	available because it is surplus, marked for disposal, or
864	otherwise unused, it shall be provided for a charter school's
865	use on the same basis as it is made available to other public
866	schools in the district. A charter school receiving property
867	from the school district may not sell or dispose of such
868	property without written permission of the school district.
869	Similarly, for an existing public school converting to charter
870	status, no rental or leasing fee for the existing facility or
871	for the property normally inventoried to the conversion school
872	may be charged by the district school board to the parents and
873	teachers organizing the charter school. The charter school shall
874	agree to reasonable maintenance provisions in order to maintain
875	the facility in a manner similar to district school board
876	standards. The Public Education Capital Outlay maintenance funds
877	or any other maintenance funds generated by the facility
878	operated as a conversion school shall remain with the conversion
879	school.
880	(f) To the extent that charter school facilities are
881	specifically created to mitigate the educational impact created
882	by the development of new residential dwelling units, pursuant
883	to subparagraph (2)(c)4., some of or all of the educational
884	impact fees required to be paid in connection with the new
885	residential dwelling units may be designated instead for the
886	construction of the charter school facilities that will mitigate
887	the student station impact. Such facilities shall be built to
888	the State Requirements for Educational Facilities and shall be
889	owned by a public or nonprofit entity. The local school district
890	retains the right to monitor and inspect such facilities to
891	ensure compliance with the State Requirements for Educational
892	Facilities. If a facility ceases to be used for public
893	educational purposes, either the facility shall revert to the
894	school district subject to any debt owed on the facility, or the
895	owner of the facility shall have the option to refund all
896	educational impact fees utilized for the facility to the school
897	district. The district and the owner of the facility may
898	contractually agree to another arrangement for the facilities if
899	the facilities cease to be used for educational purposes. The
900	owner of property planned or approved for new residential
901	dwelling units and the entity levying educational impact fees
902	shall enter into an agreement that designates the educational
903	impact fees that will be allocated for the charter school
904	student stations and that ensures the timely construction of the
905	charter school student stations concurrent with the expected
906	occupancy of the residential units. The application for use of
907	educational impact fees shall include an approved charter school
908	application. To assist the school district in forecasting
909	student station needs, the entity levying the impact fees shall
910	notify the affected district of any agreements it has approved
911	for the purpose of mitigating student station impact from the
912	new residential dwelling units.
913	(g) Each school district shall annually provide to the
914	Department of Education as part of its 5-year work plan the
915	number of existing vacant classrooms in each school that the
916	district does not intend to use or does not project will be
917	needed for educational purposes for the following school year.
918	The department may recommend that a district make such space
919	available to an appropriate charter school.
920	(20)(19) CAPITAL OUTLAY FUNDING.-Charter schools are
921	eligible for capital outlay funds pursuant to s. 1013.62.
922	(21)(20) SERVICES.-
923	(a) A sponsor shall provide certain administrative and
924	educational services to charter schools. These services shall
925	include contract management services; full-time equivalent and
926	data reporting services; exceptional student education
927	administration services; services related to eligibility and
928	reporting duties required to ensure that school lunch services
929	under the federal lunch program, consistent with the needs of
930	the charter school, are provided by the school district at the
931	request of the charter school, that any funds due to the charter
932	school under the federal lunch program be paid to the charter
933	school as soon as the charter school begins serving food under
934	the federal lunch program, and that the charter school is paid
935	at the same time and in the same manner under the federal lunch
936	program as other public schools serviced by the sponsor or the
937	school district; test administration services, including payment
938	of the costs of state-required or district-required student
939	assessments; processing of teacher certificate data services;
940	and information services, including equal access to student
941	information systems that are used by public schools in the
942	district in which the charter school is located. Student
943	performance data for each student in a charter school,
944	including, but not limited to, FCAT scores, standardized test
945	scores, previous public school student report cards, and student
946	performance measures, shall be provided by the sponsor to a
947	charter school in the same manner provided to other public
948	schools in the district. A total administrative fee for the
949	provision of such services shall be calculated based upon up to
950	5 percent of the available funds defined in paragraph
951	(18)(17)(b) for all students. However, a sponsor may only
952	withhold up to a 5-percent administrative fee for enrollment for
953	up to and including 500 students. For charter schools with a
954	population of 501 or more students, the difference between the
955	total administrative fee calculation and the amount of the
956	administrative fee withheld may only be used for capital outlay
957	purposes specified in s. 1013.62(2). Each charter school shall
958	receive 100 percent of the funds awarded to that school pursuant
959	to s. 1012.225. Sponsors shall not charge charter schools any
960	additional fees or surcharges for administrative and educational
961	services in addition to the maximum 5-percent administrative fee
962	withheld pursuant to this paragraph.
963	(b) If goods and services are made available to the
964	charter school through the contract with the school district,
965	they shall be provided to the charter school at a rate no
966	greater than the district's actual cost unless mutually agreed
967	upon by the charter school and the sponsor in a contract
968	negotiated separately from the charter. When mediation has
969	failed to resolve disputes over contracted services or
970	contractual matters not included in the charter, an appeal may
971	be made for a dispute resolution hearing before the Charter
972	School Appeal Commission. To maximize the use of state funds,
973	school districts shall allow charter schools to participate in
974	the sponsor's bulk purchasing program if applicable.
975	(c) Transportation of charter school students shall be
976	provided by the charter school consistent with the requirements
977	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
978	body of the charter school may provide transportation through an
979	agreement or contract with the district school board, a private
980	provider, or parents. The charter school and the sponsor shall
981	cooperate in making arrangements that ensure that transportation
982	is not a barrier to equal access for all students residing
983	within a reasonable distance of the charter school as determined
984	in its charter.
985	(22)(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.-
986	(a) The Department of Education shall provide information
987	to the public, directly and through sponsors, on how to form and
988	operate a charter school and how to enroll in a charter school
989	once it is created. This information shall include a standard
990	application format, charter format, evaluation instrument, and
991	charter renewal format, which shall include the information
992	specified in subsection (7) and shall be developed by consulting
993	and negotiating with both school districts and charter schools
994	before implementation. The charter and charter renewal formats
995	shall be used by charter school sponsors.
996	(b)1. The Department of Education shall report student
997	assessment data pursuant to s. 1008.34(3)(c) which is reported
998	to schools that receive a school grade or student assessment
999	data pursuant to s. 1008.341(3) which is reported to alternative
1000	schools that receive a school improvement rating to each charter
1001	school that:
1002	a. Does not receive a school grade pursuant to s. 1008.34
1003	or a school improvement rating pursuant to s. 1008.341; and
1004	b. Serves at least 10 students who are tested on the
1005	statewide assessment test pursuant to s. 1008.22.
1006	2. The charter school shall report the information in
1007	subparagraph 1. to each parent of a student at the charter
1008	school, the parent of a child on a waiting list for the charter
1009	school, the district in which the charter school is located, and
1010	the governing board of the charter school. This paragraph does
1011	not abrogate the provisions of s. 1002.22, relating to student
1012	records, or the requirements of 20 U.S.C. s. 1232g, the Family
1013	Educational Rights and Privacy Act.
1014	2.3.a. Pursuant to this paragraph, the Department of
1015	Education shall compare the charter school student performance
1016	data for each charter school in subparagraph 1. with the student
1017	performance data in traditional public schools in the district
1018	in which the charter school is located and other charter schools
1019	in the state. For alternative charter schools, the department
1020	shall compare the student performance data described in this
1021	paragraph with all alternative schools in the state. The
1022	comparative data shall be provided by the following grade
1023	groupings:
1024	(I) Grades 3 through 5;
1025	(II) Grades 6 through 8; and
1026	(III) Grades 9 through 11.
1027	b. Each charter school shall provide the information
1028	specified in this paragraph on its Internet website and also
1029	provide notice to the public at large in a manner provided by
1030	the rules of the State Board of Education. The State Board of
1031	Education shall adopt rules to administer the notice
1032	requirements of this subparagraph pursuant to ss. 120.536(1) and
1033	120.54. The website shall include, through links or actual
1034	content, other information related to school performance.
1035	(23)(22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
1036	REVIEW.-
1037	(a) The Department of Education shall staff and regularly
1038	convene a Charter School Review Panel in order to review issues,
1039	practices, and policies regarding charter schools. The
1040	composition of the review panel shall include individuals with
1041	experience in finance, administration, law, education, and
1042	school governance, and individuals familiar with charter school
1043	construction and operation. The panel shall include two
1044	appointees each from the Commissioner of Education, the
1045	President of the Senate, and the Speaker of the House of
1046	Representatives. The Governor shall appoint three members of the
1047	panel and shall designate the chair. Each member of the panel
1048	shall serve a 1-year term, unless renewed by the office making
1049	the appointment. The panel shall make recommendations to the
1050	Legislature, to the Department of Education, to charter schools,
1051	and to school districts for improving charter school operations
1052	and oversight and for ensuring best business practices at and
1053	fair business relationships with charter schools.
1054	(b) The Legislature shall review the operation of charter
1055	schools during the 2010 Regular Session of the Legislature.
1056	(24)(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.-Upon
1057	receipt of the annual report required by paragraph (10)(9)(k),
1058	the Department of Education shall provide to the State Board of
1059	Education, the Commissioner of Education, the Governor, the
1060	President of the Senate, and the Speaker of the House of
1061	Representatives an analysis and comparison of the overall
1062	performance of charter school students, to include all students
1063	whose scores are counted as part of the statewide assessment
1064	program, versus comparable public school students in the
1065	district as determined by the statewide assessment program
1066	currently administered in the school district, and other
1067	assessments administered pursuant to s. 1008.22(3).
1068	(25)(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.-
1069	(a) This subsection applies to charter school personnel in
1070	a charter school operated by a private entity. As used in this
1071	subsection, the term:
1072	1. "Charter school personnel" means a charter school
1073	owner, president, chairperson of the governing board of
1074	directors, superintendent, governing board member, principal,
1075	assistant principal, or any other person employed by the charter
1076	school who has equivalent decisionmaking authority and in whom
1077	is vested the authority, or to whom the authority has been
1078	delegated, to appoint, employ, promote, or advance individuals
1079	or to recommend individuals for appointment, employment,
1080	promotion, or advancement in connection with employment in a
1081	charter school, including the authority as a member of a
1082	governing body of a charter school to vote on the appointment,
1083	employment, promotion, or advancement of individuals.
1084	2. "Relative" means father, mother, son, daughter,
1085	brother, sister, uncle, aunt, first cousin, nephew, niece,
1086	husband, wife, father-in-law, mother-in-law, son-in-law,
1087	daughter-in-law, brother-in-law, sister-in-law, stepfather,
1088	stepmother, stepson, stepdaughter, stepbrother, stepsister, half
1089	brother, or half sister.
1090	(b) Charter school personnel may not knowingly recommend
1091	or engage in the appoint, employ, promote, or advance, or
1092	advocate for appointment, employment, promotion, or assignment
1093	of an individual or employee to a work location if that action
1094	will create a situation in which one employee will be
1095	responsible for the direct supervision of, or exercise
1096	advancement, in or to a position in the charter school in which
1097	the personnel are serving or over which the personnel exercises
1098	jurisdiction or control over, another employee any individual
1099	who is a relative. The Commissioner of Education or the sponsor
1100	may make exceptions to this paragraph if such personnel actions
1101	would cause undue hardship on students or seriously disrupt a
1102	charter school's operations. An individual may not be appointed,
1103	employed, promoted, or advanced in or to a position in a charter
1104	school if such appointment, employment, promotion, or
1105	advancement has been advocated by charter school personnel who
1106	serve in or exercise jurisdiction or control over the charter
1107	school and who is a relative of the individual or if such
1108	appointment, employment, promotion, or advancement is made by
1109	the governing board of which a relative of the individual is a
1110	member.
1111	(c) The approval of budgets does not constitute
1112	"jurisdiction or control" for the purposes of this subsection.
1113
1114	Charter school personnel in schools operated by a municipality
1115	or other public entity are subject to s. 112.3135.
1116	(26)(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.-
1117	(a) A member of a governing board of a charter school,
1118	including a charter school operated by a private entity, is
1119	subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
1120	(b) A member of a governing board of a charter school
1121	operated by a municipality or other public entity is subject to
1122	s. 112.3145 112.3144, which relates to the disclosure of
1123	financial interests.
1124	(27)(26) RULEMAKING.-The Department of Education, after
1125	consultation with school districts and charter school directors,
1126	shall recommend that the State Board of Education adopt rules to
1127	implement specific subsections of this section. Such rules shall
1128	require minimum paperwork and shall not limit charter school
1129	flexibility authorized by statute. The State Board of Education
1130	shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
1131	implement a charter model application form, evaluation
1132	instrument, and charter and charter renewal formats in
1133	accordance with this section.
1134	Section 2. Paragraph (e) of subsection (1) and subsections
1135	(2) and (3) of section 1013.62, Florida Statutes, are amended to
1136	read:
1137	1013.62 Charter schools capital outlay funding.-
1138	(1) In each year in which funds are appropriated for
1139	charter school capital outlay purposes, the Commissioner of
1140	Education shall allocate the funds among eligible charter
1141	schools.
1142	(e) Unless otherwise provided in the General
1143	Appropriations Act, the funding allocation for each eligible
1144	charter school is determined by multiplying the school's
1145	projected student enrollment by one-fifteenth of the cost-per-
1146	student station specified in s. 1013.64(6)(b) for an elementary,
1147	middle, or high school, as appropriate. If the funds
1148	appropriated are not sufficient, the commissioner shall prorate
1149	the available funds among eligible charter schools. However, a
1150	charter school or charter lab school may not receive state
1151	charter school capital outlay funds greater than the one-
1152	fifteenth cost per student station formula if the charter
1153	school's combination of state charter school capital outlay
1154	funds, capital outlay funds calculated through the reduction in
1155	the administrative fee provided in s. 1002.33(21)(20), and
1156	capital outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds
1157	the one-fifteenth cost per student station formula.
1158	(2) A charter school's governing body may use charter
1159	school capital outlay funds for the following purposes:
1160	(a) Purchase of real property.
1161	(b) Construction of school facilities.
1162	(c) Purchase, lease-purchase, or lease of permanent or
1163	relocatable school facilities.
1164	(d) Purchase of vehicles to transport students to and from
1165	the charter school.
1166	(e) Renovation, repair, and maintenance of school
1167	facilities that the charter school owns or is purchasing through
1168	a lease-purchase or long-term lease of 5 years or longer.
1169	(f) Effective July 1, 2008, purchase, lease-purchase, or
1170	lease of new and replacement equipment, and enterprise resource
1171	software applications that are classified as capital assets in
1172	accordance with definitions of the Governmental Accounting
1173	Standards Board, have a useful life of at least 5 years, and are
1174	used to support schoolwide administration or state-mandated
1175	reporting requirements.
1176	(g) Payment of the cost of premiums for property and
1177	casualty insurance necessary to insure the school facilities.
1178	(h) Purchase, lease-purchase, or lease of driver's
1179	education vehicles; motor vehicles used for the maintenance or
1180	operation of plants and equipment; security vehicles; or
1181	vehicles used in storing or distributing materials and
1182	equipment.
1183	(i) Purchase of computer software, hardware, and network
1184	systems.
1185	(j) Purchase of furniture and equipment.
1186
1187	Conversion charter schools may use capital outlay funds received
1188	through the reduction in the administrative fee provided in s.
1189	1002.33(21)(20) for renovation, repair, and maintenance of
1190	school facilities that are owned by the sponsor.
1191	(3) When a charter school is nonrenewed or terminated, any
1192	unencumbered funds and all equipment and property purchased with
1193	district public funds shall revert to the ownership of the
1194	district school board, as provided for in s. 1002.33(9)(8)(e)
1195	and (f). In the case of a charter lab school, any unencumbered
1196	funds and all equipment and property purchased with university
1197	public funds shall revert to the ownership of the state
1198	university that issued the charter. The reversion of such
1199	equipment, property, and furnishings shall focus on recoverable
1200	assets, but not on intangible or irrecoverable costs such as
1201	rental or leasing fees, normal maintenance, and limited
1202	renovations. The reversion of all property secured with public
1203	funds is subject to the complete satisfaction of all lawful
1204	liens or encumbrances. If there are additional local issues such
1205	as the shared use of facilities or partial ownership of
1206	facilities or property, these issues shall be agreed to in the
1207	charter contract prior to the expenditure of funds.
1208	Section 3. Paragraph (e) of subsection (13) of section
1209	163.3180, Florida Statutes, is amended to read:
1210	163.3180 Concurrency.-
1211	(13) School concurrency shall be established on a
1212	districtwide basis and shall include all public schools in the
1213	district and all portions of the district, whether located in a
1214	municipality or an unincorporated area unless exempt from the
1215	public school facilities element pursuant to s. 163.3177(12).
1216	The application of school concurrency to development shall be
1217	based upon the adopted comprehensive plan, as amended. All local
1218	governments within a county, except as provided in paragraph
1219	(f), shall adopt and transmit to the state land planning agency
1220	the necessary plan amendments, along with the interlocal
1221	agreement, for a compliance review pursuant to s. 163.3184(7)
1222	and (8). The minimum requirements for school concurrency are the
1223	following:
1224	(e) Availability standard.-Consistent with the public
1225	welfare, a local government may not deny an application for site
1226	plan, final subdivision approval, or the functional equivalent
1227	for a development or phase of a development authorizing
1228	residential development for failure to achieve and maintain the
1229	level-of-service standard for public school capacity in a local
1230	school concurrency management system where adequate school
1231	facilities will be in place or under actual construction within
1232	3 years after the issuance of final subdivision or site plan
1233	approval, or the functional equivalent. School concurrency is
1234	satisfied if the developer executes a legally binding commitment
1235	to provide mitigation proportionate to the demand for public
1236	school facilities to be created by actual development of the
1237	property, including, but not limited to, the options described
1238	in subparagraph 1. Options for proportionate-share mitigation of
1239	impacts on public school facilities must be established in the
1240	public school facilities element and the interlocal agreement
1241	pursuant to s. 163.31777.
1242	1. Appropriate mitigation options include the contribution
1243	of land; the construction, expansion, or payment for land
1244	acquisition or construction of a public school facility; the
1245	construction of a charter school that complies with the
1246	requirements of s. 1002.33(19)(18); or the creation of
1247	mitigation banking based on the construction of a public school
1248	facility in exchange for the right to sell capacity credits.
1249	Such options must include execution by the applicant and the
1250	local government of a development agreement that constitutes a
1251	legally binding commitment to pay proportionate-share mitigation
1252	for the additional residential units approved by the local
1253	government in a development order and actually developed on the
1254	property, taking into account residential density allowed on the
1255	property prior to the plan amendment that increased the overall
1256	residential density. The district school board must be a party
1257	to such an agreement. As a condition of its entry into such a
1258	development agreement, the local government may require the
1259	landowner to agree to continuing renewal of the agreement upon
1260	its expiration.
1261	2. If the education facilities plan and the public
1262	educational facilities element authorize a contribution of land;
1263	the construction, expansion, or payment for land acquisition;
1264	the construction or expansion of a public school facility, or a
1265	portion thereof; or the construction of a charter school that
1266	complies with the requirements of s. 1002.33(19)(18), as
1267	proportionate-share mitigation, the local government shall
1268	credit such a contribution, construction, expansion, or payment
1269	toward any other impact fee or exaction imposed by local
1270	ordinance for the same need, on a dollar-for-dollar basis at
1271	fair market value.
1272	3. Any proportionate-share mitigation must be directed by
1273	the school board toward a school capacity improvement identified
1274	in a financially feasible 5-year district work plan that
1275	satisfies the demands created by the development in accordance
1276	with a binding developer's agreement.
1277	4. If a development is precluded from commencing because
1278	there is inadequate classroom capacity to mitigate the impacts
1279	of the development, the development may nevertheless commence if
1280	there are accelerated facilities in an approved capital
1281	improvement element scheduled for construction in year four or
1282	later of such plan which, when built, will mitigate the proposed
1283	development, or if such accelerated facilities will be in the
1284	next annual update of the capital facilities element, the
1285	developer enters into a binding, financially guaranteed
1286	agreement with the school district to construct an accelerated
1287	facility within the first 3 years of an approved capital
1288	improvement plan, and the cost of the school facility is equal
1289	to or greater than the development's proportionate share. When
1290	the completed school facility is conveyed to the school
1291	district, the developer shall receive impact fee credits usable
1292	within the zone where the facility is constructed or any
1293	attendance zone contiguous with or adjacent to the zone where
1294	the facility is constructed.
1295	5. This paragraph does not limit the authority of a local
1296	government to deny a development permit or its functional
1297	equivalent pursuant to its home rule regulatory powers, except
1298	as provided in this part.
1299	Section 4. Paragraph (c) of subsection (9) of section
1300	1002.32, Florida Statutes, is amended to read:
1301	1002.32 Developmental research (laboratory) schools.-
1302	(9) FUNDING.-Funding for a lab school, including a charter
1303	lab school, shall be provided as follows:
1304	(c) All operating funds provided under this section shall
1305	be deposited in a Lab School Trust Fund and shall be expended
1306	for the purposes of this section. The university assigned a lab
1307	school shall be the fiscal agent for these funds, and all rules
1308	of the university governing the budgeting and expenditure of
1309	state funds shall apply to these funds unless otherwise provided
1310	by law or rule of the State Board of Education. The university
1311	board of trustees shall be the public employer of lab school
1312	personnel for collective bargaining purposes for lab schools in
1313	operation prior to the 2002-2003 fiscal year. Employees of
1314	charter lab schools authorized prior to June 1, 2003, but not in
1315	operation prior to the 2002-2003 fiscal year shall be employees
1316	of the entity holding the charter and must comply with the
1317	provisions of s. 1002.33(13)(12).
1318	Section 5. Paragraph (c) of subsection (10) and subsection
1319	(13) of section 1002.34, Florida Statutes, are amended to read:
1320	1002.34 Charter technical career centers.-
1321	(10) EXEMPTION FROM STATUTES.-
1322	(c) A center must comply with the antidiscrimination
1323	provisions in s. 1000.05 and the provisions in s.
1324	1002.33(25)(24) which relate to the employment of relatives.
1325	(13) BOARD OF DIRECTORS AUTHORITY.-The board of directors
1326	of a center may decide matters relating to the operation of the
1327	school, including budgeting, curriculum, and operating
1328	procedures, subject to the center's charter. The board of
1329	directors is responsible for performing the duties provided in
1330	s. 1002.345, including monitoring the corrective action plan.
1331	The board of directors must comply with s. 1002.33(26)(25).
1332	Section 6. Paragraphs (a) and (d) of subsection (1),
1333	paragraph (b) of subsection (2), and subsection (6) of section
1334	1002.345, Florida Statutes, are amended to read:
1335	1002.345 Determination of deteriorating financial
1336	conditions and financial emergencies for charter schools and
1337	charter technical career centers.-This section applies to
1338	charter schools operating pursuant to s. 1002.33 and to charter
1339	technical career centers operating pursuant to s. 1002.34.
1340	(1) EXPEDITED REVIEW; REQUIREMENTS.-
1341	(a) A charter school or a charter technical career center
1342	is subject to an expedited review by the sponsor if one of the
1343	following occurs:
1344	1. Failure to provide for an audit required by s. 218.39.
1345	2. Failure to comply with reporting requirements pursuant
1346	to s. 1002.33(10)(9) or s. 1002.34(11)(f) or (14).
1347	3. A deteriorating financial condition identified through
1348	an annual audit pursuant to s. 218.39(5) or a monthly financial
1349	statement pursuant to s. 1002.33(10)(9)(g) or s. 1002.34(11)(f).
1350	"Deteriorating financial condition" means a circumstance that
1351	significantly impairs the ability of a charter school or a
1352	charter technical career center to generate enough revenues to
1353	meet its expenditures without causing the occurrence of a
1354	condition described in s. 218.503(1).
1355	4. Notification pursuant to s. 218.503(2) that one or more
1356	of the conditions specified in s. 218.503(1) have occurred or
1357	will occur if action is not taken to assist the charter school
1358	or charter technical career center.
1359	(d) The governing board shall include the corrective
1360	action plan and the status of its implementation in the annual
1361	progress report to the sponsor which is required pursuant to s.
1362	1002.33(10)(9)(k) or s. 1002.34(14).
1363	(2) FINANCIAL EMERGENCY; REQUIREMENTS.-
1364	(b) The governing board shall include the financial
1365	recovery plan and the status of its implementation in the annual
1366	progress report to the sponsor which is required under s.
1367	1002.33(10)(9)(k) or s. 1002.34(14).
1368	(6) FAILURE TO CORRECT DEFICIENCIES.-The sponsor may
1369	decide not to renew or may terminate a charter if the charter
1370	school or charter technical career center fails to correct the
1371	deficiencies noted in the corrective action plan within 1 year
1372	after being notified of the deficiencies or exhibits one or more
1373	financial emergency conditions specified in s. 218.503 for 2
1374	consecutive years. This subsection does not affect a sponsor's
1375	authority to terminate or not renew a charter pursuant to s.
1376	1002.33(9)(8).
1377	Section 7. Section 1011.68, Florida Statutes, is amended
1378	to read:
1379	1011.68 Funds for student transportation.-The annual
1380	allocation to each district for transportation to public school
1381	programs, including charter schools as provided in s.
1382	1002.33(18)(17)(b), of students in membership in kindergarten
1383	through grade 12 and in migrant and exceptional student programs
1384	below kindergarten shall be determined as follows:
1385	(1) Subject to the rules of the State Board of Education,
1386	each district shall determine the membership of students who are
1387	transported:
1388	(a) By reason of living 2 miles or more from school.
1389	(b) By reason of being students with disabilities or
1390	enrolled in a teenage parent program, regardless of distance to
1391	school.
1392	(c) By reason of being in a state prekindergarten program,
1393	regardless of distance from school.
1394	(d) By reason of being career, dual enrollment, or
1395	students with disabilities transported from one school center to
1396	another to participate in an instructional program or service;
1397	or students with disabilities, transported from one designation
1398	to another in the state, provided one designation is a school
1399	center and provided the student's individual educational plan
1400	(IEP) identifies the need for the instructional program or
1401	service and transportation to be provided by the school
1402	district. A "school center" is defined as a public school
1403	center, community college, state university, or other facility
1404	rented, leased, or owned and operated by the school district or
1405	another public agency. A "dual enrollment student" is defined as
1406	a public school student in membership in both a public secondary
1407	school program and a community college or a state university
1408	program under a written agreement to partially fulfill ss.
1409	1003.435 and 1007.23 and earning full-time equivalent membership
1410	under s. 1011.62(1)(i).
1411	(e) With respect to elementary school students whose grade
1412	level does not exceed grade 6, by reason of being subjected to
1413	hazardous walking conditions en route to or from school as
1414	provided in s. 1006.23. Such rules shall, when appropriate,
1415	provide for the determination of membership under this paragraph
1416	for less than 1 year to accommodate the needs of students who
1417	require transportation only until such hazardous conditions are
1418	corrected.
1419	(f) By reason of being a pregnant student or student
1420	parent, and the child of a student parent as provided in s.
1421	1003.54, regardless of distance from school.
1422	(2) The allocation for each district shall be calculated
1423	annually in accordance with the following formula:
1424	T = B + EX. The elements of this formula are defined as follows:
1425	T is the total dollar allocation for transportation. B is the
1426	base transportation dollar allocation prorated by an adjusted
1427	student membership count. The adjusted membership count shall be
1428	derived from a multiplicative index function in which the base
1429	student membership is adjusted by multiplying it by index
1430	numbers that individually account for the impact of the price
1431	level index, average bus occupancy, and the extent of rural
1432	population in the district. EX is the base transportation dollar
1433	allocation for disabled students prorated by an adjusted
1434	disabled student membership count. The base transportation
1435	dollar allocation for disabled students is the total state base
1436	disabled student membership count weighted for increased costs
1437	associated with transporting disabled students and multiplying
1438	it by the prior year's average per student cost for
1439	transportation. The adjusted disabled student membership count
1440	shall be derived from a multiplicative index function in which
1441	the weighted base disabled student membership is adjusted by
1442	multiplying it by index numbers that individually account for
1443	the impact of the price level index, average bus occupancy, and
1444	the extent of rural population in the district. Each adjustment
1445	factor shall be designed to affect the base allocation by no
1446	more or less than 10 percent.
1447	(3) The total allocation to each district for
1448	transportation of students shall be the sum of the amounts
1449	determined in subsection (2). If the funds appropriated for the
1450	purpose of implementing this section are not sufficient to pay
1451	the base transportation allocation and the base transportation
1452	allocation for disabled students, the Department of Education
1453	shall prorate the available funds on a percentage basis. If the
1454	funds appropriated for the purpose of implementing this section
1455	exceed the sum of the base transportation allocation and the
1456	base transportation allocation for disabled students, the base
1457	transportation allocation for disabled students shall be limited
1458	to the amount calculated in subsection (2), and the remaining
1459	balance shall be added to the base transportation allocation.
1460	(4) No district shall use funds to purchase transportation
1461	equipment and supplies at prices which exceed those determined
1462	by the department to be the lowest which can be obtained, as
1463	prescribed in s. 1006.27(1).
1464	(5) Funds allocated or apportioned for the payment of
1465	student transportation services may be used to pay for
1466	transportation of students to and from school on local general
1467	purpose transportation systems. Student transportation funds may
1468	also be used to pay for transportation of students to and from
1469	school in private passenger cars and boats when the
1470	transportation is for isolated students, or students with
1471	disabilities as defined by rule. Subject to the rules of the
1472	State Board of Education, each school district shall determine
1473	and report the number of assigned students using general purpose
1474	transportation private passenger cars and boats. The allocation
1475	per student must be equal to the allocation per student riding a
1476	school bus.
1477	(6) Notwithstanding other provisions of this section, in
1478	no case shall any student or students be counted for
1479	transportation funding more than once per day. This provision
1480	includes counting students for funding pursuant to trips in
1481	school buses, passenger cars, or boats or general purpose
1482	transportation.
1483	Section 8. Paragraph (b) of subsection (2) of section
1484	1012.32, Florida Statutes, is amended to read:
1485	1012.32 Qualifications of personnel.-
1486	(2)
1487	(b) Instructional and noninstructional personnel who are
1488	hired or contracted to fill positions in any charter school and
1489	members of the governing board of any charter school, in
1490	compliance with s. 1002.33(13)(12)(g), must, upon employment,
1491	engagement of services, or appointment, undergo background
1492	screening as required under s. 1012.465 or s. 1012.56, whichever
1493	is applicable, by filing with the district school board for the
1494	school district in which the charter school is located a
1495	complete set of fingerprints taken by an authorized law
1496	enforcement agency or an employee of the school or school
1497	district who is trained to take fingerprints.
1498
1499	Fingerprints shall be submitted to the Department of Law
1500	Enforcement for statewide criminal and juvenile records checks
1501	and to the Federal Bureau of Investigation for federal criminal
1502	records checks. A person subject to this subsection who is found
1503	ineligible for employment under s. 1012.315, or otherwise found
1504	through background screening to have been convicted of any crime
1505	involving moral turpitude as defined by rule of the State Board
1506	of Education, shall not be employed, engaged to provide
1507	services, or serve in any position that requires direct contact
1508	with students. Probationary persons subject to this subsection
1509	terminated because of their criminal record have the right to
1510	appeal such decisions. The cost of the background screening may
1511	be borne by the district school board, the charter school, the
1512	employee, the contractor, or a person subject to this
1513	subsection.
1514	Section 9. (1) The Office of Program Policy Analysis and
1515	Government Accountability (OPPAGA) shall conduct a study
1516	comparing the funding of charter schools with traditional public
1517	schools and shall:
1518	(a) Identify the school districts that distribute funds
1519	generated by the capital improvement millage authorized pursuant
1520	to s. 1011.71(2), Florida Statutes, to charter schools and the
1521	use of such funds by the charter schools.
1522	(b) Determine the amount of funds that would be available
1523	to charter schools if school districts equitably distribute to
1524	district schools, including charter schools, funds generated by
1525	the capital improvement millage authorized pursuant to s.
1526	1011.71(2), Florida Statutes.
1527	(c) Examine the costs associated with supervising charter
1528	schools and determine if the 5-percent administrative fee for
1529	administrative and educational services for charter schools
1530	covers the costs associated with the provision of the services.
1531	(2) OPPAGA shall make recommendations, if warranted, for
1532	improving the accountability and equity of the funding system
1533	for charter schools based on the findings of the study. The
1534	results of the study shall be provided to the Governor, the
1535	President of the Senate, and the Speaker of the House of
1536	Representatives no later than January 1, 2011.
1537	Section 10. This act shall take effect July 1, 2010.

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