Bill Text: FL H1569 | 2010 | Regular Session | Engrossed

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-Engrossed.html

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CS/CS/CS/HB 1569

1	A bill to be entitled
2	An act relating to charter schools; amending s. 1002.33,
3	F.S.; revising requirements for providing financial
4	statements to the sponsor of a charter school; authorizing
5	a governing body to oversee multiple charter schools;
6	providing requirements for designation as a high-
7	performing charter school; authorizing a high-performing
8	charter school to increase enrollment and receive capital
9	outlay funds; authorizing a newly approved charter school
10	operated by a high-performing education service provider
11	to receive a 15-year initial charter and become a high-
12	performing charter school; providing requirements for
13	retention of designation as a high-performing charter
14	school; authorizing preference for enrollment in a charter
15	school-in-the-workplace and a charter school-in-a-
16	municipality for certain students; prohibiting school
17	districts from requiring resignations from specified
18	school district personnel who desire employment in a
19	charter school; revising requirements for the
20	establishment of a charter school-in-the-workplace;
21	providing that a charter school-in-the-workplace is
22	eligible for capital outlay funding if it meets specified
23	requirements; removing a reporting requirement relating to
24	student assessment data; requiring the Office of Program
25	Policy Analysis and Government Accountability to conduct a
26	study comparing the funding of charter schools with
27	traditional public schools and examining certain funding
28	and costs; requiring recommendations to the Governor and
29	Legislature, if warranted, for improving the
30	accountability and equity of the funding system for
31	charter schools; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1. Paragraphs (g) and (i) of subsection (9),
36	paragraph (d) of subsection (10), paragraph (e) of subsection
37	(12), paragraph (b) of subsection (15), and paragraph (b) of
38	subsection (21) of section 1002.33, Florida Statutes, are
39	amended, and paragraph (q) is added to subsection (9) of that
40	section, to read:
41	1002.33 Charter schools.-
42	(9) CHARTER SCHOOL REQUIREMENTS.-
43	(g) In order to provide financial information that is
44	comparable to that reported for other public schools, charter
45	schools are to maintain all financial records that constitute
46	their accounting system:
47	1. In accordance with the accounts and codes prescribed in
48	the most recent issuance of the publication titled "Financial
49	and Program Cost Accounting and Reporting for Florida Schools";
50	or
51	2. At the discretion of the charter school governing
52	board, a charter school may elect to follow generally accepted
53	accounting standards for not-for-profit organizations, but must
54	reformat this information for reporting according to this
55	paragraph.
56
57	Charter schools shall provide annual financial report and
58	program cost report information in the state-required formats
59	for inclusion in district reporting in compliance with s.
60	1011.60(1). Charter schools that are operated by a municipality
61	or are a component unit of a parent nonprofit organization may
62	use the accounting system of the municipality or the parent but
63	must reformat this information for reporting according to this
64	paragraph. A charter school shall provide a monthly financial
65	statement to the sponsor, unless the charter school is
66	designated as a high-performing charter school under paragraph
67	(q), in which case the high-performing charter school shall
68	provide a quarterly financial statement. The monthly financial
69	statement required under this paragraph shall be in a form
70	prescribed by the Department of Education.
71	(i) The governing body of the charter school shall
72	exercise continuing oversight over charter school operations. A
73	governing body may oversee more than one charter school in more
74	than one school district.
75	(q)1. For purposes of this paragraph, the term:
76	a. "Entity" means a municipality or other public entity as
77	authorized by law to operate a charter school; a private, not-
78	for-profit, s. 501(c)(3) status corporation; or a private, for-
79	profit corporation.
80	b. "High-performing education service provider" means an
81	entity that:
82	(I) Operates at least two high-performing charter schools
83	in this state;
84	(II) Has received a school grade of "A" or "B" during the
85	previous 3 years for at least 75 percent of the charter schools
86	operated by the entity in this state; and
87	(III) Has not received a school grade of "F" during any of
88	the previous 3 years for any charter school operated by the
89	entity in this state.
90	2. A charter school shall be designated as a high-
91	performing charter school if during each of the previous 3 years
92	the charter school:
93	a. Received a school grade of "A" or "B";
94	b. Received an unqualified opinion on each financial audit
95	required under s. 218.39; and
96	c. Did not receive a financial audit that revealed one or
97	more of the conditions set forth in s. 218.503(1).
98	3. A high-performing charter school may:
99	a. Increase the school's student enrollment once per year
100	by up to 25 percent more than the capacity authorized pursuant
101	to paragraph (10)(h).
102	b. Receive charter school capital outlay funds under s.
103	1013.62. A high-performing charter school is not required to
104	comply with s. 1013.62(1)(a)1.-3. but must comply with all other
105	requirements of s. 1013.62 in order to receive charter school
106	capital outlay funds as provided in this sub-subparagraph.
107	4. A high-performing education service provider may submit
108	an application pursuant to subsection (6) to establish and
109	operate a new charter school that will replicate one or more of
110	the provider's existing high-performing charter schools. Upon
111	approval of the application by the sponsor, the new charter
112	school shall be granted an initial charter for a term of 15
113	years and be designated as a high-performing charter school. The
114	15-year charter is subject to annual review and may be
115	terminated during its term pursuant to subsection (8).
116	5.a. A charter school that is designated as a high-
117	performing charter school may retain such designation pursuant
118	to:
119	(I) Subparagraph 2. if the school's governing board, by
120	July 1 of each year, demonstrates in writing to the school's
121	sponsor that the charter school continues to meet the
122	requirements of subparagraph 2.
123	(II) Subparagraph 4. during the school's initial 3 years
124	of operation if the entity operating the school continues to
125	meet the definition of a high-performing education service
126	provider under sub-subparagraph 1.b. After the high-performing
127	charter school has operated for 3 years, the school must comply
128	with sub-sub-subparagraph (I) in order to retain its designation
129	as a high-performing charter school.
130	b. The high-performing charter school designation shall be
131	removed if the charter school does not meet the requirements of
132	sub-subparagraph a.
133	(10) ELIGIBLE STUDENTS.-
134	(d) A charter school may give enrollment preference to the
135	following student populations:
136	1. Students who are siblings of a student enrolled in the
137	charter school.
138	2. Students who are the children of a member of the
139	governing board of the charter school.
140	3. Students who are the children of an employee of the
141	charter school.
142	4. Students who are the children of an employee of a
143	business or corporation that is in partnership with a charter
144	school-in-the-workplace or students who are the children of a
145	resident of a municipality that operates a charter school-in-a-
146	municipality pursuant to subsection (15).
147	(12) EMPLOYEES OF CHARTER SCHOOLS.-
148	(e) Employees of a school district may take leave to
149	accept employment in a charter school upon the approval of the
150	district school board. While employed by the charter school and
151	on leave that is approved by the district school board, the
152	employee may retain seniority accrued in that school district
153	and may continue to be covered by the benefit programs of that
154	school district, if the charter school and the district school
155	board agree to this arrangement and its financing. School
156	districts shall not require resignations from instructional
157	personnel, school administrators, or educational support
158	employees who desire employment of teachers desiring to teach in
159	a charter school. This paragraph shall not prohibit a district
160	school board from approving alternative leave arrangements
161	consistent with chapter 1012.
162	(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
163	A-MUNICIPALITY.-
164	(b) A charter school-in-the-workplace may be established
165	when a business partner or a municipality:
166	1. Provides one of the following:
167	a. Access to a the school facility to be used;
168	b. Resources that materially reduce the cost of
169	constructing a school facility;
170	c. Land for a school facility; or
171	d. Resources to maintain a school facility;
172	2. Enrolls students based upon a random lottery that
173	involves all of the children of employees of that business or
174	corporation, or within that municipality, who are seeking
175	enrollment, as provided for in subsection (10); and
176	3. Enrolls students according to the racial/ethnic balance
177	provisions described in subparagraph (7)(a)8.
178
179	A charter school-in-the-workplace is eligible for charter school
180	capital outlay funding if it meets the requirements in s.
181	1013.62. Any portion of a facility used for a public charter
182	school shall be exempt from ad valorem taxes, as provided for in
183	s. 1013.54, for the duration of its use as a public school.
184	(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.-
185	(b)1. The Department of Education shall report student
186	assessment data pursuant to s. 1008.34(3)(c) which is reported
187	to schools that receive a school grade or student assessment
188	data pursuant to s. 1008.341(3) which is reported to alternative
189	schools that receive a school improvement rating to each charter
190	school that:
191	a. Does not receive a school grade pursuant to s. 1008.34
192	or a school improvement rating pursuant to s. 1008.341; and
193	b. Serves at least 10 students who are tested on the
194	statewide assessment test pursuant to s. 1008.22.
195	2. The charter school shall report the information in
196	subparagraph 1. to each parent of a student at the charter
197	school, the parent of a child on a waiting list for the charter
198	school, the district in which the charter school is located, and
199	the governing board of the charter school. This paragraph does
200	not abrogate the provisions of s. 1002.22, relating to student
201	records, or the requirements of 20 U.S.C. s. 1232g, the Family
202	Educational Rights and Privacy Act.
203	3.a. Pursuant to this paragraph, the Department of
204	Education shall compare the charter school student performance
205	data for each charter school in subparagraph 1. with the student
206	performance data in traditional public schools in the district
207	in which the charter school is located and other charter schools
208	in the state. For alternative charter schools, the department
209	shall compare the student performance data described in this
210	paragraph with all alternative schools in the state. The
211	comparative data shall be provided by the following grade
212	groupings:
213	(I) Grades 3 through 5;
214	(II) Grades 6 through 8; and
215	(III) Grades 9 through 11.
216	b. Each charter school shall provide the information
217	specified in this paragraph on its Internet website and also
218	provide notice to the public at large in a manner provided by
219	the rules of the State Board of Education. The State Board of
220	Education shall adopt rules to administer the notice
221	requirements of this subparagraph pursuant to ss. 120.536(1) and
222	120.54. The website shall include, through links or actual
223	content, other information related to school performance.
224	Section 2. (1) The Office of Program Policy Analysis and
225	Government Accountability shall conduct a study comparing the
226	funding of charter schools with traditional public schools and
227	shall:
228	(a) Identify the school districts that distribute funds
229	generated by the capital improvement millage authorized pursuant
230	to s. 1011.71(2), Florida Statutes, to charter schools and the
231	use of such funds by the charter schools.
232	(b) Determine the amount of funds that would be available
233	to charter schools if school districts equitably distribute to
234	district schools, including charter schools, funds generated by
235	the capital improvement millage authorized pursuant to s.
236	1011.71(2), Florida Statutes.
237	(c) Examine the costs associated with supervising charter
238	schools and determine whether the 5-percent administrative fee
239	for administrative and educational services for charter schools
240	covers the costs associated with the provision of the services.
241	(2) The Office of Program Policy Analysis and Government
242	Accountability shall make recommendations, if warranted, for
243	improving the accountability and equity of the funding system
244	for charter schools based on the findings of the study. The
245	results of the study shall be provided to the Governor, the
246	President of the Senate, and the Speaker of the House of
247	Representatives no later than January 1, 2011.
248	Section 3. This act shall take effect July 1, 2010.

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