Bill Text: FL S1852 | 2012 | Regular Session | Comm Sub
Bill Title: Charter Schools
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S1852 Detail]
Download: Florida-2012-S1852-Comm_Sub.html
Florida Senate - 2012 CS for SB 1852 By the Committee on Education Pre-K - 12; and Senator Wise 581-02992-12 20121852c1 1 A bill to be entitled 2 An act relating to charter schools; amending ss. 3 163.3180 and 1002.32, F.S.; conforming cross 4 references to conform to changes made by the act; 5 amending s. 1002.33, F.S.; providing that a sponsor’s 6 policies and procedures and previous school board 7 decisions do not apply to a charter school under 8 certain circumstances; clarifying provisions that 9 prohibit a sponsor from imposing additional reporting 10 requirements on a charter school; providing that a 11 Florida College System institution may operate no more 12 than one charter school that serves students in 13 kindergarten through grade 12 in each school district 14 in which the institution serves, if the institution 15 operates an approved teacher preparation program; 16 requiring that a district school board provide a 17 charter school with training and access to a school 18 district’s student achievement databases, if academic 19 student performance data cannot be provided; 20 conforming provisions to changes made by the act 21 relating to authorized activities of a high-performing 22 charter school that is part of a high-performing 23 charter school system; authorizing a charter school or 24 sponsor to file a formal grievance with the Department 25 of Education and to request mediation if the charter 26 school or sponsor is unable to resolve any outstanding 27 issues between the charter school and sponsor; 28 requiring that any activities associated with the 29 closing of a charter school cease, upon the filing of 30 such formal grievance and request for mediation, until 31 a resolution is reached, unless terminated under 32 certain circumstances; authorizing a charter school 33 cooperative organization to submit a professional 34 development plan on behalf of its member schools to 35 the State Board of Education for the purpose of 36 meeting continuing education requirements; authorizing 37 each district school board to share revenue generated 38 by its capital outlay millage levy with charter 39 schools on a per-student, pro rata basis; providing 40 for recalculation of a school district’s Florida 41 Education Finance Program allocation if the millage 42 levy revenue is not shared; providing for distribution 43 of recalculated funds; requiring payment to charter 44 schools of certain federal funds received by a 45 district school board; amending s. 1002.331, F.S.; 46 revising requirements for designation as a high 47 performing charter school; conforming a cross 48 reference; revising the restriction on the 49 establishment of new charter schools that replicate a 50 high-performing charter school’s educational program; 51 amending s. 1002.332, F.S.; authorizing a high 52 performing charter school that is part of a high 53 performing charter school system to increase student 54 enrollment, expand grade levels, submit quarterly 55 financial statements, consolidate charters, and modify 56 charter terms; amending ss. 1002.34, 1002.345, 57 1011.68, 1012.32, and 1013.62, F.S.; conforming cross 58 references; providing an effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. Paragraph (h) of subsection (6) of section 63 163.3180, Florida Statutes, is amended to read: 64 163.3180 Concurrency.— 65 (6) 66 (h)1. In order to limit the liability of local governments, 67 a local government may allow a landowner to proceed with 68 development of a specific parcel of land notwithstanding a 69 failure of the development to satisfy school concurrency, if all 70 the following factors are shown to exist: 71 a. The proposed development would be consistent with the 72 future land use designation for the specific property and with 73 pertinent portions of the adopted local plan, as determined by 74 the local government. 75 b. The local government’s capital improvements element and 76 the school board’s educational facilities plan provide for 77 school facilities adequate to serve the proposed development, 78 and the local government or school board has not implemented 79 that element or the project includes a plan that demonstrates 80 that the capital facilities needed as a result of the project 81 can be reasonably provided. 82 c. The local government and school board have provided a 83 means by which the landowner will be assessed a proportionate 84 share of the cost of providing the school facilities necessary 85 to serve the proposed development. 86 2. If a local government applies school concurrency, it may 87 not deny an application for site plan, final subdivision 88 approval, or the functional equivalent for a development or 89 phase of a development authorizing residential development for 90 failure to achieve and maintain the level-of-service standard 91 for public school capacity in a local school concurrency 92 management system where adequate school facilities will be in 93 place or under actual construction within 3 years after the 94 issuance of final subdivision or site plan approval, or the 95 functional equivalent. School concurrency is satisfied if the 96 developer executes a legally binding commitment to provide 97 mitigation proportionate to the demand for public school 98 facilities to be created by actual development of the property, 99 including, but not limited to, the options described in sub 100 subparagraph a. Options for proportionate-share mitigation of 101 impacts on public school facilities must be established in the 102 comprehensive plan and the interlocal agreement pursuant to s. 103 163.31777. 104 a. Appropriate mitigation options include the contribution 105 of land; the construction, expansion, or payment for land 106 acquisition or construction of a public school facility; the 107 construction of a charter school that complies with the 108 requirements of s. 1002.33(19)1002.33(18); or the creation of 109 mitigation banking based on the construction of a public school 110 facility in exchange for the right to sell capacity credits. 111 Such options must include execution by the applicant and the 112 local government of a development agreement that constitutes a 113 legally binding commitment to pay proportionate-share mitigation 114 for the additional residential units approved by the local 115 government in a development order and actually developed on the 116 property, taking into account residential density allowed on the 117 property prior to the plan amendment that increased the overall 118 residential density. The district school board must be a party 119 to such an agreement. As a condition of its entry into such a 120 development agreement, the local government may require the 121 landowner to agree to continuing renewal of the agreement upon 122 its expiration. 123 b. If the interlocal agreement and the local government 124 comprehensive plan authorize a contribution of land; the 125 construction, expansion, or payment for land acquisition; the 126 construction or expansion of a public school facility, or a 127 portion thereof; or the construction of a charter school that 128 complies with the requirements of s. 1002.33(19)1002.33(18), as 129 proportionate-share mitigation, the local government shall 130 credit such a contribution, construction, expansion, or payment 131 toward any other impact fee or exaction imposed by local 132 ordinance for the same need, on a dollar-for-dollar basis at 133 fair market value. 134 c. Any proportionate-share mitigation must be directed by 135 the school board toward a school capacity improvement identified 136 in the 5-year school board educational facilities plan that 137 satisfies the demands created by the development in accordance 138 with a binding developer’s agreement. 139 3. This paragraph does not limit the authority of a local 140 government to deny a development permit or its functional 141 equivalent pursuant to its home rule regulatory powers, except 142 as provided in this part. 143 Section 2. Paragraph (c) of subsection (9) of section 144 1002.32, Florida Statutes, is amended to read: 145 1002.32 Developmental research (laboratory) schools.— 146 (9) FUNDING.—Funding for a lab school, including a charter 147 lab school, shall be provided as follows: 148 (c) All operating funds provided under this section shall 149 be deposited in a Lab School Trust Fund and shall be expended 150 for the purposes of this section. The university assigned a lab 151 school shall be the fiscal agent for these funds, and all rules 152 of the university governing the budgeting and expenditure of 153 state funds shall apply to these funds unless otherwise provided 154 by law or rule of the State Board of Education. The university 155 board of trustees shall be the public employer of lab school 156 personnel for collective bargaining purposes for lab schools in 157 operation prior to the 2002-2003 fiscal year. Employees of 158 charter lab schools authorized prior to June 1, 2003, but not in 159 operation prior to the 2002-2003 fiscal year shall be employees 160 of the entity holding the charter and must comply with the 161 provisions of s. 1002.33(13)1002.33(12). 162 Section 3. Subsection (1), paragraph (b) of subsection (5), 163 paragraph (c) of subsection (6), paragraph (a) of subsection 164 (7), paragraphs (b) and (g) of present subsection (9), 165 paragraphs (d), (e), (h), and (i) of present subsection (10), 166 present subsection (13), paragraphs (b) and (c) of present 167 subsection (15), present subsection (17), paragraph (a) of 168 present subsection (20), and present subsection (23) of section 169 1002.33, Florida Statutes, are amended, present subsections (9) 170 through (27) of that section are redesignated as subsections 171 (10) through (28), respectively, and a new subsection (9) is 172 added to that section, to read: 173 1002.33 Charter schools.— 174 (1) AUTHORIZATION.—Charter schools shall be part of the 175 state’s program of public education. All charter schools in 176 Florida are public schools. A charter school may be formed by 177 creating a new school or converting an existing public school to 178 charter status. A charter school may operate a virtual charter 179 school pursuant to s. 1002.45(1)(d) to provide full-time online 180 instruction to eligible students, pursuant to s. 1002.455, in 181 kindergarten through grade 12. A charter school must amend its 182 charter or submit a new application pursuant to subsection (6) 183 to become a virtual charter school. A virtual charter school is 184 subject to the requirements of this section; however, a virtual 185 charter school is exempt from subsections (19)(18)and (20) 186(19), subparagraphs (21)(a)2.-5.(20)(a)2.-5., paragraph (21)(c) 187(20)(c), and s. 1003.03. A public school may not use the term 188 charter in its name unless it has been approved under this 189 section. 190 (5) SPONSOR; DUTIES.— 191 (b) Sponsor duties.— 192 1.a. The sponsor shall monitor and review the charter 193 school in its progress toward the goals established in the 194 charter. 195 b. The sponsor shall monitor the revenues and expenditures 196 of the charter school and perform the duties provided in s. 197 1002.345. 198 c. The sponsor may approve a charter for a charter school 199 before the applicant has identified space, equipment, or 200 personnel, if the applicant indicates approval is necessary for 201 it to raise working funds. 202 d. The sponsor’s policies and procedures and previous 203 school board decisions, which are not consistent with the 204 requirements in this section, shall not apply to a charter 205 school unless mutually agreed to by both the sponsor and the 206 charter school. 207 e. The sponsor shall ensure that the charter is innovative 208 and consistent with the state education goals established by s. 209 1000.03(5). 210 f. The sponsor shall ensure that the charter school 211 participates in the state’s education accountability system. If 212 a charter school falls short of performance measures included in 213 the approved charter, the sponsor shall report such shortcomings 214 to the Department of Education. 215 g. The sponsor isshallnotbeliable for civil damages 216 under state law for personal injury, property damage, or death 217 resulting from an act or omission of an officer, employee, 218 agent, or governing body of the charter school. 219 h. The sponsor isshallnotbeliable for civil damages 220 under state law for any employment actions taken by an officer, 221 employee, agent, or governing body of the charter school. 222 i. The sponsor’s duties to monitor the charter school shall 223 not constitute the basis for a private cause of action. 224 j. The sponsor shall not impose additional reporting 225 requirements beyond those contained in this section on a charter 226 school without providing reasonable and specific justification 227 in writing to the charter school. 228 2. Immunity for the sponsor of a charter school under 229 subparagraph 1. applies only with respect to acts or omissions 230 not under the sponsor’s direct authority as described in this 231 section. 232 3. This paragraph does not waive a district school board’s 233 sovereign immunity. 234 4. A Florida College System institution may work with the 235 school district or school districts in its designated service 236 area to develop charter schools that offer secondary education. 237 These charter schools must include an option for students to 238 receive an associate degree upon high school graduation. If a 239 Florida College System institution operates an approved teacher 240 preparation program under s. 1004.04 or s. 1004.85, the Florida 241 College System institution may operate no more than one charter 242 school that serves students in kindergarten through grade 12 in 243 each school district in which the Florida College System 244 institution serves. District school boards shall cooperate with 245 and assist the Florida College System institution on the charter 246 application. Florida College System institution applications for 247 charter schools are not subject to the time deadlines outlined 248 in subsection (6) and may be approved by the district school 249 board at any time during the year. Florida College System 250 institutions may not report FTE for any students who receive FTE 251 funding through the Florida Education Finance Program. 252 (6) APPLICATION PROCESS AND REVIEW.—Charter school 253 applications are subject to the following requirements: 254 (c)1. An applicant may appeal any denial of that 255 applicant’s application or failure to act on an application to 256 the State Board of Education no later than 30 calendar days 257 after receipt of the sponsor’s decision or failure to act and 258 shall notify the sponsor of its appeal. Any response of the 259 sponsor shall be submitted to the State Board of Education 260 within 30 calendar days after notification of the appeal. Upon 261 receipt of notification from the State Board of Education that a 262 charter school applicant is filing an appeal, the Commissioner 263 of Education shall convene a meeting of the Charter School 264 Appeal Commission to study and make recommendations to the State 265 Board of Education regarding its pending decision about the 266 appeal. The commission shall forward its recommendation to the 267 state board no later than 7 calendar days prior to the date on 268 which the appeal is to be heard. 269 2. The Charter School Appeal Commission may reject an 270 appeal submission for failure to comply with procedural rules 271 governing the appeals process. The rejection shall describe the 272 submission errors. The appellant shall have 15 calendar days 273 after notice of rejection in which to resubmit an appeal that 274 meets the requirements set forth in State Board of Education 275 rule. An appeal submitted subsequent to such rejection is 276 considered timely if the original appeal was filed within 30 277 calendar days after receipt of notice of the specific reasons 278 for the sponsor’s denial of the charter application. 279 3.a. The State Board of Education shall by majority vote 280 accept or reject the decision of the sponsor no later than 90 281 calendar days after an appeal is filed in accordance with State 282 Board of Education rule. The State Board of Education shall 283 remand the application to the sponsor with its written decision 284 that the sponsor approve or deny the application. The sponsor 285 shall implement the decision of the State Board of Education. 286 The decision of the State Board of Education is not subject to 287 the provisions of the Administrative Procedure Act, chapter 120. 288 b. If an appeal concerns an application submitted by a 289 high-performing charter school identified pursuant to s. 290 1002.331, the State Board of Education shall determine whether 291 the sponsor has shown, by clear and convincing evidence, that: 292 (I) The application does not materially comply with the 293 requirements in paragraph (a); 294 (II) The charter school proposed in the application does 295 not materially comply with the requirements in paragraphs 296 (10)(a)-(f)(9)(a)-(f); 297 (III) The proposed charter school’s educational program 298 does not substantially replicate that of the applicant or one of 299 the applicant’s high-performing charter schools; 300 (IV) The applicant has made a material misrepresentation or 301 false statement or concealed an essential or material fact 302 during the application process; or 303 (V) The proposed charter school’s educational program and 304 financial management practices do not materially comply with the 305 requirements of this section. 306 307 The State Board of Education shall approve or reject the 308 sponsor’s denial of an application no later than 90 calendar 309 days after an appeal is filed in accordance with State Board of 310 Education rule. The State Board of Education shall remand the 311 application to the sponsor with its written decision that the 312 sponsor approve or deny the application. The sponsor shall 313 implement the decision of the State Board of Education. The 314 decision of the State Board of Education is not subject to the 315 Administrative Procedure Act, chapter 120. 316 (7) CHARTER.—The major issues involving the operation of a 317 charter school shall be considered in advance and written into 318 the charter. The charter shall be signed by the governing board 319 of the charter school and the sponsor, following a public 320 hearing to ensure community input. 321 (a) The charter shall address and criteria for approval of 322 the charter shall be based on: 323 1. The school’s mission, the students to be served, and the 324 ages and grades to be included. 325 2. The focus of the curriculum, the instructional methods 326 to be used, any distinctive instructional techniques to be 327 employed, and identification and acquisition of appropriate 328 technologies needed to improve educational and administrative 329 performance which include a means for promoting safe, ethical, 330 and appropriate uses of technology which comply with legal and 331 professional standards. 332 a. The charter shall ensure that reading is a primary focus 333 of the curriculum and that resources are provided to identify 334 and provide specialized instruction for students who are reading 335 below grade level. The curriculum and instructional strategies 336 for reading must be consistent with the Sunshine State Standards 337 and grounded in scientifically based reading research. 338 b. In order to provide students with access to diverse 339 instructional delivery models, to facilitate the integration of 340 technology within traditional classroom instruction, and to 341 provide students with the skills they need to compete in the 342 21st century economy, the Legislature encourages instructional 343 methods for blended learning courses consisting of both 344 traditional classroom and online instructional techniques. 345 Charter schools may implement blended learning courses that 346whichcombine traditional classroom instruction and virtual 347 instruction. Students in a blended learning course must be full 348 time students of the charter school and receive the online 349 instruction in a classroom setting at the charter school. 350 Instructional personnel certified pursuant to s. 1012.55 who 351 provide virtual instruction for blended learning courses may be 352 employees of the charter school or may be under contract to 353 provide instructional services to charter school students. At a 354 minimum, such instructional personnel must hold an active state 355 or school district adjunct certification under s. 1012.57 for 356 the subject area of the blended learning course. The funding and 357 performance accountability requirements for blended learning 358 courses are the same as those for traditional courses. 359 3. The current incoming baseline standard of student 360 academic achievement, the outcomes to be achieved, and the 361 method of measurement that will be used. The criteria listed in 362 this subparagraph shall include a detailed description of: 363 a. How the baseline student academic achievement levels and 364 prior rates of academic progress will be established. 365 b. How these baseline rates will be compared to rates of 366 academic progress achieved by these same students while 367 attending the charter school. 368 c. To the extent possible, how these rates of progress will 369 be evaluated and compared with rates of progress of other 370 closely comparable student populations. 371 372 The district school board is required to provide academic 373 student performance data to charter schools for each of their 374 students coming from the district school system, as well as 375 rates of academic progress of comparable student populations in 376 the district school system. If academic student performance data 377 cannot be provided to a charter school, the district school 378 board shall provide the charter school with training and access 379 to the school district’s student achievement databases. 380 4. The methods used to identify the educational strengths 381 and needs of students and how well educational goals and 382 performance standards are met by students attending the charter 383 school. The methods shall provide a means for the charter school 384 to ensure accountability to its constituents by analyzing 385 student performance data and by evaluating the effectiveness and 386 efficiency of its major educational programs. Students in 387 charter schools shall, at a minimum, participate in the 388 statewide assessment program created under s. 1008.22. 389 5. In secondary charter schools, a method for determining 390 that a student has satisfied the requirements for graduation in 391 s. 1003.428, s. 1003.429, or s. 1003.43. 392 6. A method for resolving conflicts between the governing 393 board of the charter school and the sponsor. 394 7. The admissions procedures and dismissal procedures, 395 including the school’s code of student conduct. 396 8. The ways by which the school will achieve a 397 racial/ethnic balance reflective of the community it serves or 398 within the racial/ethnic range of other public schools in the 399 same school district. 400 9. The financial and administrative management of the 401 school, including a reasonable demonstration of the professional 402 experience or competence of those individuals or organizations 403 applying to operate the charter school or those hired or 404 retained to perform such professional services and the 405 description of clearly delineated responsibilities and the 406 policies and practices needed to effectively manage the charter 407 school. A description of internal audit procedures and 408 establishment of controls to ensure that financial resources are 409 properly managed must be included. Both public sector and 410 private sector professional experience shall be equally valid in 411 such a consideration. 412 10. The asset and liability projections required in the 413 application which are incorporated into the charter and shall be 414 compared with information provided in the annual report of the 415 charter school. 416 11. A description of procedures that identify various risks 417 and provide for a comprehensive approach to reduce the impact of 418 losses; plans to ensure the safety and security of students and 419 staff; plans to identify, minimize, and protect others from 420 violent or disruptive student behavior; and the manner in which 421 the school will be insured, including whether or not the school 422 will be required to have liability insurance, and, if so, the 423 terms and conditions thereof and the amounts of coverage. 424 12. The term of the charter, which shall provide for 425 cancellation of the charter if insufficient progress has been 426 made in attaining the student achievement objectives of the 427 charter and if it is not likely that such objectives can be 428 achieved before expiration of the charter. The initial term of a 429 charter shall be for 4 or 5 years. In order to facilitate access 430 to long-term financial resources for charter school 431 construction, charter schools that are operated by a 432 municipality or other public entity as provided by law are 433 eligible for up to a 15-year charter, subject to approval by the 434 district school board. A charter lab school is eligible for a 435 charter for a term of up to 15 years. In addition, to facilitate 436 access to long-term financial resources for charter school 437 construction, charter schools that are operated by a private, 438 not-for-profit, s. 501(c)(3) status corporation are eligible for 439 up to a 15-year charter, subject to approval by the district 440 school board. Such long-term charters remain subject to annual 441 review and may be terminated during the term of the charter, but 442 only according to the provisions set forth in subsection (8). 443 13. The facilities to be used and their location. 444 14. The qualifications to be required of the teachers and 445 the potential strategies used to recruit, hire, train, and 446 retain qualified staff to achieve best value. 447 15. The governance structure of the school, including the 448 status of the charter school as a public or private employer as 449 required in paragraph (13)(i)(12)(i). 450 16. A timetable for implementing the charter which 451 addresses the implementation of each element thereof and the 452 date by which the charter shall be awarded in order to meet this 453 timetable. 454 17. In the case of an existing public school that is being 455 converted to charter status, alternative arrangements for 456 current students who choose not to attend the charter school and 457 for current teachers who choose not to teach in the charter 458 school after conversion in accordance with the existing 459 collective bargaining agreement or district school board rule in 460 the absence of a collective bargaining agreement. However, 461 alternative arrangements areshallnotberequired for current 462 teachers who choose not to teach in a charter lab school, except 463 as authorized by the employment policies of the state university 464 thatwhichgrants the charter to the lab school. 465 18. Full disclosure of the identity of all relatives 466 employed by the charter school who are related to the charter 467 school owner, president, chairperson of the governing board of 468 directors, superintendent, governing board member, principal, 469 assistant principal, or any other person employed by the charter 470 school who has equivalent decisionmaking authority. For the 471 purpose of this subparagraph, the term “relative” means father, 472 mother, son, daughter, brother, sister, uncle, aunt, first 473 cousin, nephew, niece, husband, wife, father-in-law, mother-in 474 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 475 stepfather, stepmother, stepson, stepdaughter, stepbrother, 476 stepsister, half brother, or half sister. 477 19. Implementation of the activities authorized under s. 478 1002.331 or s. 1002.332 by the charter school when it satisfies 479 the eligibility requirements for a high-performing charter 480 school. A high-performing charter school shall notify its 481 sponsor in writing by March 1 if it intends to increase 482 enrollment or expand grade levels the following school year. The 483 written notice shall specify the amount of the enrollment 484 increase and the grade levels that will be added, as applicable. 485 (9) FORMAL GRIEVANCES; MEDIATION.—A charter school or 486 sponsor may file a formal grievance with the Department of 487 Education and request mediation if the charter school or sponsor 488 is unable to resolve any outstanding issues between the charter 489 school and the sponsor. Upon the filing of such formal grievance 490 and request for mediation, any activities associated with the 491 closing of a charter school shall cease until a resolution is 492 reached, unless the charter is terminated pursuant to paragraph 493 (8)(d). 494 (10)(9)CHARTER SCHOOL REQUIREMENTS.— 495 (b) A charter school shall admit students as provided in 496 subsection (11)(10). 497 (g) In order to provide financial information that is 498 comparable to that reported for other public schools, charter 499 schools are to maintain all financial records that constitute 500 their accounting system: 501 1. In accordance with the accounts and codes prescribed in 502 the most recent issuance of the publication titled “Financial 503 and Program Cost Accounting and Reporting for Florida Schools”; 504 or 505 2. At the discretion of the charter school’s governing 506 board, a charter school may elect to follow generally accepted 507 accounting standards for not-for-profit organizations, but must 508 reformat this information for reporting according to this 509 paragraph. 510 511 Charter schools shall provide annual financial report and 512 program cost report information in the state-required formats 513 for inclusion in district reporting in compliance with s. 514 1011.60(1). Charter schools that are operated by a municipality 515 or are a component unit of a parent nonprofit organization may 516 use the accounting system of the municipality or the parent but 517 must reformat this information for reporting according to this 518 paragraph. A charter school shall provide a monthly financial 519 statement to the sponsor unless the charter school is designated 520 as a high-performing charter school pursuant to s. 1002.331 or 521 s. 1002.332, in which case the high-performing charter school 522 may provide a quarterly financial statement. The financial 523 statement required under this paragraph shall be in a form 524 prescribed by the Department of Education. 525 (11)(10)ELIGIBLE STUDENTS.— 526 (d) A charter school may give enrollment preference to the 527 following student populations: 528 1. Students who are siblings of a student enrolled in the 529 charter school. 530 2. Students who are the children of a member of the 531 governing board of the charter school. 532 3. Students who are the children of an employee of the 533 charter school. 534 4. Students who are the children of: 535 a. An employee of the business partner of a charter school 536 in-the-workplace established under paragraph (16)(b)(15)(b)or 537 a resident of the municipality in which such charter school is 538 located; or 539 b. A resident of a municipality that operates a charter 540 school-in-a-municipality pursuant to paragraph (16)(c)(15)(c). 541 5. Students who have successfully completed a voluntary 542 prekindergarten education program under ss. 1002.51-1002.79 543 provided by the charter school or the charter school’s governing 544 board during the previous year. 545 6. Students who are the children of an active duty member 546 of any branch of the United States Armed Forces. 547 (e) A charter school may limit the enrollment process only 548 to target the following student populations: 549 1. Students within specific age groups or grade levels. 550 2. Students considered at risk of dropping out of school or 551 academic failure. Such students shall include exceptional 552 education students. 553 3. Students enrolling in a charter school-in-the-workplace 554 or charter school-in-a-municipality established pursuant to 555 subsection (16)(15). 556 4. Students residing within a reasonable distance of the 557 charter school, as described in paragraph (21)(c)(20)(c). Such 558 students shall be subject to a random lottery and to the 559 racial/ethnic balance provisions described in subparagraph 560 (7)(a)8. or any federal provisions that require a school to 561 achieve a racial/ethnic balance reflective of the community it 562 serves or within the racial/ethnic range of other public schools 563 in the same school district. 564 5. Students who meet reasonable academic, artistic, or 565 other eligibility standards established by the charter school 566 and included in the charter school application and charter or, 567 in the case of existing charter schools, standards that are 568 consistent with the school’s mission and purpose. Such standards 569 shall be in accordance with current state law and practice in 570 public schools and may not discriminate against otherwise 571 qualified individuals. 572 6. Students articulating from one charter school to another 573 pursuant to an articulation agreement between the charter 574 schools that has been approved by the sponsor. 575 7. Students living in a development in which a business 576 entity provides the school facility and related property having 577 an appraised value of at least $10 million to be used as a 578 charter school for the development. Students living in the 579 development shall be entitled to 50 percent of the student 580 stations in the charter school. The students who are eligible 581 for enrollment are subject to a random lottery, the 582 racial/ethnic balance provisions, or any federal provisions, as 583 described in subparagraph 4. The remainder of the student 584 stations shall be filled in accordance with subparagraph 4. 585 (h) The capacity of the charter school shall be determined 586 annually by the governing board, in conjunction with the 587 sponsor, of the charter school in consideration of the factors 588 identified in this subsection unless the charter school is 589 designated as a high-performing charter school pursuant to s. 590 1002.331 or s. 1002.332. A sponsor may not require a charter 591 school to waive the provisions of s. 1002.331 or s. 1002.332 or 592 require a student enrollment cap that prohibits a high 593 performing charter school from increasing enrollment in 594 accordance with s. 1002.331(2) or s. 1002.332(2)(c) as a 595 condition of approval or renewal of a charter. 596 (i) The capacity of a high-performing charter school 597 identified pursuant to s. 1002.331 or s. 1002.332 shall be 598 determined annually by the governing board of the charter 599 school. The governing board shall notify the sponsor of any 600 increase in enrollment by March 1 of the school year preceding 601 the increase. 602 (14)(13)CHARTER SCHOOL COOPERATIVES.—Charter schools may 603 enter into cooperative agreements to form charter school 604 cooperative organizations that may provide the following 605 services: charter school planning and development, direct 606 instructional services, and contracts with charter school 607 governing boards to provide personnel administrative services, 608 payroll services, human resource management, evaluation and 609 assessment services, teacher preparation, and professional 610 development. A charter school cooperative organization that 611 includes high-performing charter schools, a consortium of 612 charter schools, or individual charter schools may submit a 613 professional development plan on behalf of its member schools to 614 the State Board of Education for the purpose of meeting 615 continuing education requirements. 616 (16)(15)CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS 617 IN-A-MUNICIPALITY.— 618 (b) A charter school-in-the-workplace may be established 619 when a business partner provides the school facility to be used; 620 enrolls students based upon a random lottery that involves all 621 of the children of employees of that business or corporation who 622 are seeking enrollment, as provided for in subsection (11)(10); 623 and enrolls students according to the racial/ethnic balance 624 provisions described in subparagraph (7)(a)8. Any portion of a 625 facility used for a public charter school shall be exempt from 626 ad valorem taxes, as provided for in s. 1013.54, for the 627 duration of its use as a public school. 628 (c) A charter school-in-a-municipality designation may be 629 granted to a municipality that possesses a charter; enrolls 630 students based upon a random lottery that involves all of the 631 children of the residents of that municipality who are seeking 632 enrollment, as provided for in subsection (11)(10); and enrolls 633 students according to the racial/ethnic balance provisions 634 described in subparagraph (7)(a)8. When a municipality has 635 submitted charter applications for the establishment of a 636 charter school feeder pattern, consisting of elementary, middle, 637 and senior high schools, and each individual charter application 638 is approved by the district school board, such schools shall 639 then be designated as one charter school for all purposes listed 640 pursuant to this section. Any portion of the land and facility 641 used for a public charter school shall be exempt from ad valorem 642 taxes, as provided for in s. 1013.54, for the duration of its 643 use as a public school. 644 (18)(17)FUNDING.—Students enrolled in a charter school, 645 regardless of the sponsorship, shall be funded as if they are in 646 a basic program or a special program, the same as students 647 enrolled in other public schools in the school district. Funding 648 for a charter lab school shall be as provided in s. 1002.32. 649 (a) Each charter school shall report its student enrollment 650 to the sponsor as required in s. 1011.62, and in accordance with 651 the definitions in s. 1011.61. The sponsor shall include each 652 charter school’s enrollment in the district’s report of student 653 enrollment. All charter schools submitting student record 654 information required by the Department of Education shall comply 655 with the Department of Education’s guidelines for electronic 656 data formats for such data, and all districts shall accept 657 electronic data that complies with the Department of Education’s 658 electronic format. 659 (b) The basis for the agreement for funding students 660 enrolled in a charter school shall be the sum of the school 661 district’s operating funds from the Florida Education Finance 662 Program as provided in s. 1011.62 and the General Appropriations 663 Act, including gross state and local funds, discretionary 664 lottery funds, and funds from the school district’s current 665 operating discretionary millage levy; divided by total funded 666 weighted full-time equivalent students in the school district; 667 multiplied by the weighted full-time equivalent students for the 668 charter school. Charter schools whose students or programs meet 669 the eligibility criteria in law shall be entitled to their 670 proportionate share of categorical program funds included in the 671 total funds available in the Florida Education Finance Program 672 by the Legislature, including transportation. Total funding for 673 each charter school shall be recalculated during the year to 674 reflect the revised calculations under the Florida Education 675 Finance Program by the state and the actual weighted full-time 676 equivalent students reported by the charter school during the 677 full-time equivalent student survey periods designated by the 678 Commissioner of Education. 679 (c) Each district school board may annually proportionately 680 share the revenue generated by the millage levy pursuant to s. 681 1011.71(2) with charter schools in the school district on a per 682 student basis. If a district school board does not 683 proportionately share the revenue generated by the millage levy 684 pursuant to s. 1011.71(2), the Florida Education Finance Program 685 allocation for that school district shall be recalculated so 686 that each charter school in the school district receives, on a 687 per-student basis, the same amount of funds that it would have 688 received if the district school board shared the millage levy 689 revenue with charter schools on a per-student, pro rata basis. 690 The school district shall, within 30 days after receipt, 691 distribute the recalculated funds to each charter school in the 692 district. Charter schools may use these recalculated funds only 693 for capital outlay purposes. 694 (d)(c)If the district school board is providing programs 695 or services to students funded by federal funds, any eligible 696 students enrolled in charter schools in the school district 697 shall be provided federal funds for the same level of service 698 provided students in the schools operated by the district school 699 board. All federal funds received by a district school board for 700 the benefit of charter schools, charter school students, or 701 charter school students as public school students in the school 702 district, including, but not limited to, Title I, Title II, and 703 IDEA funds, shall be paid in total to charter schools within 60 704 days after receipt by the district school board. Pursuant to 705 provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall 706 receive all federal funding for which the school is otherwise 707 eligible, including Title I funding, not later than 5 months 708 after the charter school first opens and within 5 months after 709 any subsequent expansion of enrollment. 710 (e)(d)Charter schools shall be included by the Department 711 of Education and the district school board in requests for 712 federal stimulus funds in the same manner as district school 713 board-operated public schools, including Title I and IDEA funds 714 and shall be entitled to receive such funds. Charter schools are 715 eligible to participate in federal competitive grants that are 716 available as part of the federal stimulus funds. 717 (f)(e)District school boards shall make timely and 718 efficient payment and reimbursement to charter schools, 719 including processing paperwork required to access special state 720 and federal funding for which they may be eligible. The district 721 school board may distribute funds to a charter school for up to 722 3 months based on the projected full-time equivalent student 723 membership of the charter school. Thereafter, the results of 724 full-time equivalent student membership surveys shall be used in 725 adjusting the amount of funds distributed monthly to the charter 726 school for the remainder of the fiscal year. The payment shall 727 be issued no later than 10 working days after the district 728 school board receives a distribution of state or federal funds. 729 If a warrant for payment is not issued within 10 working days 730 after receipt of funding by the district school board, the 731 school district shall pay to the charter school, in addition to 732 the amount of the scheduled disbursement, interest at a rate of 733 1 percent per month calculated on a daily basis on the unpaid 734 balance from the expiration of the 10 working days until such 735 time as the warrant is issued. 736 (g)(f)Funding for a virtual charter school shall be as 737 provided in s. 1002.45(7). 738 (21)(20)SERVICES.— 739 (a)1. A sponsor shall provide certain administrative and 740 educational services to charter schools. These services shall 741 include contract management services; full-time equivalent and 742 data reporting services; exceptional student education 743 administration services; services related to eligibility and 744 reporting duties required to ensure that school lunch services 745 under the federal lunch program, consistent with the needs of 746 the charter school, are provided by the school district at the 747 request of the charter school, that any funds due to the charter 748 school under the federal lunch program be paid to the charter 749 school as soon as the charter school begins serving food under 750 the federal lunch program, and that the charter school is paid 751 at the same time and in the same manner under the federal lunch 752 program as other public schools serviced by the sponsor or the 753 school district; test administration services, including payment 754 of the costs of state-required or district-required student 755 assessments; processing of teacher certificate data services; 756 and information services, including equal access to student 757 information systems that are used by public schools in the 758 district in which the charter school is located. Student 759 performance data for each student in a charter school, 760 including, but not limited to, FCAT scores, standardized test 761 scores, previous public school student report cards, and student 762 performance measures, shall be provided by the sponsor to a 763 charter school in the same manner provided to other public 764 schools in the district. 765 2. A total administrative fee for the provision of such 766 services shall be calculated based upon up to 5 percent of the 767 available funds defined in paragraph (18)(b)(17)(b)for all 768 students. However, a sponsor may only withhold up to a 5-percent 769 administrative fee for enrollment for up to and including 250 770 students. For charter schools with a population of 251 or more 771 students, the difference between the total administrative fee 772 calculation and the amount of the administrative fee withheld 773 may only be used for capital outlay purposes specified in s. 774 1013.62(2). 775 3. For high-performing charter schools, as defined in ch. 776 2011-232, a sponsor may withhold a total administrative fee of 777 up to 2 percent for enrollment up to and including 250 students 778 per school. 779 4. In addition, a sponsor may withhold only up to a 5 780 percent administrative fee for enrollment for up to and 781 including 500 students within a system of charter schools which 782 meets all of the following: 783 a. Includes both conversion charter schools and 784 nonconversion charter schools; 785 b. Has all schools located in the same county; 786 c. Has a total enrollment exceeding the total enrollment of 787 at least one school district in the state; 788 d. Has the same governing board; and 789 e. Does not contract with a for-profit service provider for 790 management of school operations. 791 5. The difference between the total administrative fee 792 calculation and the amount of the administrative fee withheld 793 pursuant to subparagraph 4. may be used for instructional and 794 administrative purposes as well as for capital outlay purposes 795 specified in s. 1013.62(2). 796 6. For a high-performing charter school system that also 797 meets the requirements in subparagraph 4., a sponsor may 798 withhold a 2-percent administrative fee for enrollments up to 799 and including 500 students per system. 800 7. Sponsors shall not charge charter schools any additional 801 fees or surcharges for administrative and educational services 802 in addition to the maximum 5-percent administrative fee withheld 803 pursuant to this paragraph. 804 8. The sponsor of a virtual charter school may withhold a 805 fee of up to 5 percent. The funds shall be used to cover the 806 cost of services provided under subparagraph 1. and for the 807 school district’s local instructional improvement system 808 pursuant to s. 1006.281 or other technological tools that are 809 required to access electronic and digital instructional 810 materials. 811 (24)(23)ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon 812 receipt of the annual report required by paragraph (10)(k) 813(9)(k), the Department of Education shall provide to the State 814 Board of Education, the Commissioner of Education, the Governor, 815 the President of the Senate, and the Speaker of the House of 816 Representatives an analysis and comparison of the overall 817 performance of charter school students, to include all students 818 whose scores are counted as part of the statewide assessment 819 program, versus comparable public school students in the 820 district as determined by the statewide assessment program 821 currently administered in the school district, and other 822 assessments administered pursuant to s. 1008.22(3). 823 Section 4. Paragraph (c) of subsection (1), paragraph (c) 824 of subsection (2), and paragraph (b) of subsection (3) of 825 section 1002.331, Florida Statutes, are amended to read: 826 1002.331 High-performing charter schools.— 827 (1) A charter school is a high-performing charter school if 828 it: 829 (c) Did not receive a financial audit that revealed one or 830 more of the financial emergency conditions set forth in s. 831 218.503(1) in the most recent 3 fiscal years for which such 832 audits are available. However, this requirement is deemed met 833for a charter school-in-the-workplaceif there is a finding in 834 an audit that the school has the monetary resources available to 835 cover any reported deficiency or that the deficiency does not 836 result in a deteriorating financial condition pursuant to s. 837 1002.345(1)(a)3. 838 839 A virtual charter school established under s. 1002.33 is not 840 eligible for designation as a high-performing charter school. 841 (2) A high-performing charter school is authorized to: 842 (c) Submit a quarterly, rather than a monthly, financial 843 statement to the sponsor pursuant to s. 1002.33(10)(g) 8441002.33(9)(g). 845 846 A high-performing charter school shall notify its sponsor in 847 writing by March 1 if it intends to increase enrollment or 848 expand grade levels the following school year. The written 849 notice shall specify the amount of the enrollment increase and 850 the grade levels that will be added, as applicable. 851 (3) 852 (b) A high-performing charter school may not establish more 853 than threeonecharter schoolsschoolwithin the state under 854 paragraph (a) in any year. A subsequent application to establish 855 a charter school under paragraph (a) may not be submitted unless 856 each charter school established in this manner achieves high 857 performing charter school status. 858 Section 5. Paragraph (c) is added to subsection (2) of 859 section 1002.332, Florida Statutes, to read: 860 1002.332 High-performing charter school system.— 861 (2) 862 (c) A high-performing charter school that is part of a 863 high-performing charter school system may: 864 1. Increase its student enrollment once per school year by 865 up to 15 percent more than the capacity identified in the 866 charter. 867 2. Expand grade levels within kindergarten through grade 12 868 to add grade levels not already served if any annual enrollment 869 increase resulting from grade level expansion is within the 870 limit established in subparagraph 1. 871 3. Submit a quarterly, rather than a monthly, financial 872 statement to the sponsor pursuant to s. 1002.33(10)(g). 873 4. Consolidate under a single charter the charters of 874 multiple high-performing charter schools operated in the same 875 school district by the charter schools’ governing boards, 876 regardless of the renewal cycle. 877 5. Receive a modification of its charter to a term of 15 878 years or a 15-year charter renewal. The charter may be modified 879 or renewed for a shorter term at the option of the high 880 performing charter school. The charter must be consistent with 881 s. 1002.33(7)(a)19. and (11)(h) and (i), is subject to annual 882 review by the sponsor, and may be terminated during its term 883 pursuant to s. 1002.33(8). 884 885 A high-performing charter school that is part of a high 886 performing charter school system shall notify its sponsor in 887 writing by March 1 if it intends to increase enrollment or 888 expand grade levels the following school year. The written 889 notice shall specify the amount of the enrollment increase and 890 the grade levels that will be added, as applicable. 891 Section 6. Paragraph (c) of subsection (10) and subsection 892 (13) of section 1002.34, Florida Statutes, are amended to read: 893 1002.34 Charter technical career centers.— 894 (10) EXEMPTION FROM STATUTES.— 895 (c) A center must comply with the antidiscrimination 896 provisions in s. 1000.05 and the provisions in s. 1002.33(25) 8971002.33(24)which relate to the employment of relatives. 898 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors 899 of a center may decide matters relating to the operation of the 900 school, including budgeting, curriculum, and operating 901 procedures, subject to the center’s charter. The board of 902 directors is responsible for performing the duties provided in 903 s. 1002.345, including monitoring the corrective action plan. 904 The board of directors must comply with s. 1002.33(27) 9051002.33(26). 906 Section 7. Paragraphs (a) and (d) of subsection (1) and 907 paragraph (b) of subsection (2) of section 1002.345, Florida 908 Statutes, are amended to read: 909 1002.345 Determination of deteriorating financial 910 conditions and financial emergencies for charter schools and 911 charter technical career centers.—This section applies to 912 charter schools operating pursuant to s. 1002.33 and to charter 913 technical career centers operating pursuant to s. 1002.34. 914 (1) EXPEDITED REVIEW; REQUIREMENTS.— 915 (a) A charter school or a charter technical career center 916 is subject to an expedited review by the sponsor if one of the 917 following occurs: 918 1. Failure to provide for an audit required by s. 218.39. 919 2. Failure to comply with reporting requirements pursuant 920 to s. 1002.33(10)1002.33(9)or s. 1002.34(11)(f) or (14). 921 3. A deteriorating financial condition identified through 922 an annual audit pursuant to s. 218.39(5) or a monthly financial 923 statement pursuant to s. 1002.33(10)(g)1002.33(9)(g)or s. 924 1002.34(11)(f). “Deteriorating financial condition” means a 925 circumstance that significantly impairs the ability of a charter 926 school or a charter technical career center to generate enough 927 revenues to meet its expenditures without causing the occurrence 928 of a condition described in s. 218.503(1). 929 4. Notification pursuant to s. 218.503(2) that one or more 930 of the conditions specified in s. 218.503(1) have occurred or 931 will occur if action is not taken to assist the charter school 932 or charter technical career center. 933 (d) The governing board shall include the corrective action 934 plan and the status of its implementation in the annual progress 935 report to the sponsor which is required pursuant to s. 936 1002.33(10)(k)1002.33(9)(k)or s. 1002.34(14). 937 (2) FINANCIAL EMERGENCY; REQUIREMENTS.— 938 (b) The governing board shall include the financial 939 recovery plan and the status of its implementation in the annual 940 progress report to the sponsor which is required under s. 941 1002.33(10)(k)1002.33(9)(k)or s. 1002.34(14). 942 Section 8. Section 1011.68, Florida Statutes, is amended to 943 read: 944 1011.68 Funds for student transportation.—The annual 945 allocation to each district for transportation to public school 946 programs, including charter schools as provided in s. 947 1002.33(18)(b)1002.33(17)(b), of students in membership in 948 kindergarten through grade 12 and in migrant and exceptional 949 student programs below kindergarten shall be determined as 950 follows: 951 (1) Subject to the rules of the State Board of Education, 952 each district shall determine the membership of students who are 953 transported: 954 (a) By reason of living 2 miles or more from school. 955 (b) By reason of being students with disabilities or 956 enrolled in a teenage parent program, regardless of distance to 957 school. 958 (c) By reason of being in a state prekindergarten program, 959 regardless of distance from school. 960 (d) By reason of being career, dual enrollment, or students 961 with disabilities transported from one school center to another 962 to participate in an instructional program or service; or 963 students with disabilities, transported from one designation to 964 another in the state, provided one designation is a school 965 center and provided the student’s individual educational plan 966 (IEP) identifies the need for the instructional program or 967 service and transportation to be provided by the school 968 district. A “school center” is defined as a public school 969 center, Florida College System institution, state university, or 970 other facility rented, leased, or owned and operated by the 971 school district or another public agency. A “dual enrollment 972 student” is defined as a public school student in membership in 973 both a public secondary school program and a Florida College 974 System institution or a state university program under a written 975 agreement to partially fulfill ss. 1003.435 and 1007.23 and 976 earning full-time equivalent membership under s. 1011.62(1)(i). 977 (e) With respect to elementary school students whose grade 978 level does not exceed grade 6, by reason of being subjected to 979 hazardous walking conditions en route to or from school as 980 provided in s. 1006.23. Such rules shall, when appropriate, 981 provide for the determination of membership under this paragraph 982 for less than 1 year to accommodate the needs of students who 983 require transportation only until such hazardous conditions are 984 corrected. 985 (f) By reason of being a pregnant student or student 986 parent, and the child of a student parent as provided in s. 987 1003.54, regardless of distance from school. 988 (2) The allocation for each district shall be calculated 989 annually in accordance with the following formula: 990 991 T = B + EX. The elements of this formula are defined as follows: 992 T is the total dollar allocation for transportation. B is the 993 base transportation dollar allocation prorated by an adjusted 994 student membership count. The adjusted membership count shall be 995 derived from a multiplicative index function in which the base 996 student membership is adjusted by multiplying it by index 997 numbers that individually account for the impact of the price 998 level index, average bus occupancy, and the extent of rural 999 population in the district. EX is the base transportation dollar 1000 allocation for disabled students prorated by an adjusted 1001 disabled student membership count. The base transportation 1002 dollar allocation for disabled students is the total state base 1003 disabled student membership count weighted for increased costs 1004 associated with transporting disabled students and multiplying 1005 it by an average per student cost for transportation as 1006 determined by the Legislature. The adjusted disabled student 1007 membership count shall be derived from a multiplicative index 1008 function in which the weighted base disabled student membership 1009 is adjusted by multiplying it by index numbers that individually 1010 account for the impact of the price level index, average bus 1011 occupancy, and the extent of rural population in the district. 1012 Each adjustment factor shall be designed to affect the base 1013 allocation by no more or less than 10 percent. 1014 (3) The total allocation to each district for 1015 transportation of students shall be the sum of the amounts 1016 determined in subsection (2). If the funds appropriated for the 1017 purpose of implementing this section are not sufficient to pay 1018 the base transportation allocation and the base transportation 1019 allocation for disabled students, the Department of Education 1020 shall prorate the available funds on a percentage basis. If the 1021 funds appropriated for the purpose of implementing this section 1022 exceed the sum of the base transportation allocation and the 1023 base transportation allocation for disabled students, the base 1024 transportation allocation for disabled students shall be limited 1025 to the amount calculated in subsection (2), and the remaining 1026 balance shall be added to the base transportation allocation. 1027 (4) No district shall use funds to purchase transportation 1028 equipment and supplies at prices which exceed those determined 1029 by the department to be the lowest which can be obtained, as 1030 prescribed in s. 1006.27(1). 1031 (5) Funds allocated or apportioned for the payment of 1032 student transportation services may be used to pay for 1033 transportation of students to and from school on local general 1034 purpose transportation systems. Student transportation funds may 1035 also be used to pay for transportation of students to and from 1036 school in private passenger cars and boats when the 1037 transportation is for isolated students, or students with 1038 disabilities as defined by rule. Subject to the rules of the 1039 State Board of Education, each school district shall determine 1040 and report the number of assigned students using general purpose 1041 transportation private passenger cars and boats. The allocation 1042 per student must be equal to the allocation per student riding a 1043 school bus. 1044 (6) Notwithstanding other provisions of this section, in no 1045 case shall any student or students be counted for transportation 1046 funding more than once per day. This provision includes counting 1047 students for funding pursuant to trips in school buses, 1048 passenger cars, or boats or general purpose transportation. 1049 Section 9. Paragraph (b) of subsection (2) of section 1050 1012.32, Florida Statutes, is amended to read: 1051 1012.32 Qualifications of personnel.— 1052 (2) 1053 (b) Instructional and noninstructional personnel who are 1054 hired or contracted to fill positions in any charter school and 1055 members of the governing board of any charter school, in 1056 compliance with s. 1002.33(13)(g)1002.33(12)(g), must, upon 1057 employment, engagement of services, or appointment, undergo 1058 background screening as required under s. 1012.465 or s. 1059 1012.56, whichever is applicable, by filing with the district 1060 school board for the school district in which the charter school 1061 is located a complete set of fingerprints taken by an authorized 1062 law enforcement agency or an employee of the school or school 1063 district who is trained to take fingerprints. 1064 1065 Fingerprints shall be submitted to the Department of Law 1066 Enforcement for statewide criminal and juvenile records checks 1067 and to the Federal Bureau of Investigation for federal criminal 1068 records checks. A person subject to this subsection who is found 1069 ineligible for employment under s. 1012.315, or otherwise found 1070 through background screening to have been convicted of any crime 1071 involving moral turpitude as defined by rule of the State Board 1072 of Education, shall not be employed, engaged to provide 1073 services, or serve in any position that requires direct contact 1074 with students. Probationary persons subject to this subsection 1075 terminated because of their criminal record have the right to 1076 appeal such decisions. The cost of the background screening may 1077 be borne by the district school board, the charter school, the 1078 employee, the contractor, or a person subject to this 1079 subsection. 1080 Section 10. Paragraphs (a) and (e) of subsection (1) and 1081 subsection (2) of section 1013.62, Florida Statutes, are amended 1082 to read: 1083 1013.62 Charter schools capital outlay funding.— 1084 (1) In each year in which funds are appropriated for 1085 charter school capital outlay purposes, the Commissioner of 1086 Education shall allocate the funds among eligible charter 1087 schools. 1088 (a) To be eligible for a funding allocation, a charter 1089 school must: 1090 1.a. Have been in operation for 3 or more years; 1091 b. Be governed by a governing board established in the 1092 state for 3 or more years which operates both charter schools 1093 and conversion charter schools within the state; 1094 c. Be an expanded feeder chain of a charter school within 1095 the same school district that is currently receiving charter 1096 school capital outlay funds; 1097 d. Have been accredited by the Commission on Schools of the 1098 Southern Association of Colleges and Schools; or 1099 e. Serve students in facilities that are provided by a 1100 business partner for a charter school-in-the-workplace pursuant 1101 to s. 1002.33(16)(b)1002.33(15)(b). 1102 2. Have financial stability for future operation as a 1103 charter school. 1104 3. Have satisfactory student achievement based on state 1105 accountability standards applicable to the charter school. 1106 4. Have received final approval from its sponsor pursuant 1107 to s. 1002.33 for operation during that fiscal year. 1108 5. Serve students in facilities that are not provided by 1109 the charter school’s sponsor. 1110 (e) Unless otherwise provided in the General Appropriations 1111 Act, the funding allocation for each eligible charter school is 1112 determined by multiplying the school’s projected student 1113 enrollment by one-fifteenth of the cost-per-student station 1114 specified in s. 1013.64(6)(b) for an elementary, middle, or high 1115 school, as appropriate. If the funds appropriated are not 1116 sufficient, the commissioner shall prorate the available funds 1117 among eligible charter schools. However, a charter school or 1118 charter lab school may not receive state charter school capital 1119 outlay funds greater than the one-fifteenth cost per student 1120 station formula if the charter school’s combination of state 1121 charter school capital outlay funds, capital outlay funds 1122 calculated through the reduction in the administrative fee 1123 provided in s. 1002.33(21)1002.33(20), and capital outlay funds 1124 allowed in s. 1002.32(9)(e) and (h) exceeds the one-fifteenth 1125 cost per student station formula. 1126 (2) A charter school’s governing body may use charter 1127 school capital outlay funds for the following purposes: 1128 (a) Purchase of real property. 1129 (b) Construction of school facilities. 1130 (c) Purchase, lease-purchase, or lease of permanent or 1131 relocatable school facilities. 1132 (d) Purchase of vehicles to transport students to and from 1133 the charter school. 1134 (e) Renovation, repair, and maintenance of school 1135 facilities that the charter school owns or is purchasing through 1136 a lease-purchase or long-term lease of 5 years or longer. 1137 (f) Effective July 1, 2008, purchase, lease-purchase, or 1138 lease of new and replacement equipment, and enterprise resource 1139 software applications that are classified as capital assets in 1140 accordance with definitions of the Governmental Accounting 1141 Standards Board, have a useful life of at least 5 years, and are 1142 used to support schoolwide administration or state-mandated 1143 reporting requirements. 1144 (g) Payment of the cost of premiums for property and 1145 casualty insurance necessary to insure the school facilities. 1146 (h) Purchase, lease-purchase, or lease of driver’s 1147 education vehicles; motor vehicles used for the maintenance or 1148 operation of plants and equipment; security vehicles; or 1149 vehicles used in storing or distributing materials and 1150 equipment. 1151 1152 Conversion charter schools may use capital outlay funds received 1153 through the reduction in the administrative fee provided in s. 1154 1002.33(21)1002.33(20)for renovation, repair, and maintenance 1155 of school facilities that are owned by the sponsor. 1156 Section 11. This act shall take effect July 1, 2012.