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Florida Senate - 2011 CS for CS for SB 1546 By the Committees on Higher Education; and Education Pre-K - 12; and Senator Thrasher 589-03783-11 20111546c2 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; amending s. 1002.33, F.S.; requiring that 5 the Department of Education provide or arrange for 6 training and technical assistance for charter schools; 7 providing for the designation of charter schools as 8 high-performing if certain requirements are met; 9 providing definitions relating to the high-performing 10 charter school system; revising provisions to conform 11 to changes made by the act; amending ss. 1002.34, 12 1011.68, 1012.32, and 1013.62, F.S.; conforming cross 13 references; requiring that the Office of Program 14 Policy Analysis and Government Accountability conduct 15 a study comparing the funding of charter schools to 16 the funding of public schools; providing requirements 17 for the study; requiring that the office submit its 18 recommendations and findings to the Governor and 19 Legislature by a specified date; providing for 20 severability; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Paragraph (e) of subsection (13) of section 25 163.3180, Florida Statutes, is amended to read: 26 163.3180 Concurrency.— 27 (13) School concurrency shall be established on a 28 districtwide basis and shall include all public schools in the 29 district and all portions of the district, whether located in a 30 municipality or an unincorporated area unless exempt from the 31 public school facilities element pursuant to s. 163.3177(12). 32 The application of school concurrency to development shall be 33 based upon the adopted comprehensive plan, as amended. All local 34 governments within a county, except as provided in paragraph 35 (f), shall adopt and transmit to the state land planning agency 36 the necessary plan amendments, along with the interlocal 37 agreement, for a compliance review pursuant to s. 163.3184(7) 38 and (8). The minimum requirements for school concurrency are the 39 following: 40 (e) Availability standard.—Consistent with the public 41 welfare, a local government may not deny an application for site 42 plan, final subdivision approval, or the functional equivalent 43 for a development or phase of a development authorizing 44 residential development for failure to achieve and maintain the 45 level-of-service standard for public school capacity in a local 46 school concurrency management system where adequate school 47 facilities will be in place or under actual construction within 48 3 years after the issuance of final subdivision or site plan 49 approval, or the functional equivalent. School concurrency is 50 satisfied if the developer executes a legally binding commitment 51 to provide mitigation proportionate to the demand for public 52 school facilities to be created by actual development of the 53 property, including, but not limited to, the options described 54 in subparagraph 1. Options for proportionate-share mitigation of 55 impacts on public school facilities must be established in the 56 public school facilities element and the interlocal agreement 57 pursuant to s. 163.31777. 58 1. Appropriate mitigation options include the contribution 59 of land; the construction, expansion, or payment for land 60 acquisition or construction of a public school facility; the 61 construction of a charter school that complies with the 62 requirements of s. 1002.33(21)
s. 1002.33 (18); or the creation 63 of mitigation banking based on the construction of a public 64 school facility in exchange for the right to sell capacity 65 credits. Such options must include execution by the applicant 66 and the local government of a development agreement that 67 constitutes a legally binding commitment to pay proportionate 68 share mitigation for the additional residential units approved 69 by the local government in a development order and actually 70 developed on the property, taking into account residential 71 density allowed on the property prior to the plan amendment that 72 increased the overall residential density. The district school 73 board must be a party to such an agreement. As a condition of 74 its entry into such a development agreement, the local 75 government may require the landowner to agree to continuing 76 renewal of the agreement upon its expiration. 77 2. If the education facilities plan and the public 78 educational facilities element authorize a contribution of land; 79 the construction, expansion, or payment for land acquisition; 80 the construction or expansion of a public school facility, or a 81 portion thereof; or the construction of a charter school that 82 complies with the requirements of s. 1002.33(21) s. 1002.33 (18), 83 as proportionate-share mitigation, the local government shall 84 credit such a contribution, construction, expansion, or payment 85 toward any other impact fee or exaction imposed by local 86 ordinance for the same need, on a dollar-for-dollar basis at 87 fair market value. 88 3. Any proportionate-share mitigation must be directed by 89 the school board toward a school capacity improvement identified 90 in a financially feasible 5-year district work plan that 91 satisfies the demands created by the development in accordance 92 with a binding developer's agreement. 93 4. If a development is precluded from commencing because 94 there is inadequate classroom capacity to mitigate the impacts 95 of the development, the development may nevertheless commence if 96 there are accelerated facilities in an approved capital 97 improvement element scheduled for construction in year four or 98 later of such plan which, when built, will mitigate the proposed 99 development, or if such accelerated facilities will be in the 100 next annual update of the capital facilities element, the 101 developer enters into a binding, financially guaranteed 102 agreement with the school district to construct an accelerated 103 facility within the first 3 years of an approved capital 104 improvement plan, and the cost of the school facility is equal 105 to or greater than the development's proportionate share. When 106 the completed school facility is conveyed to the school 107 district, the developer shall receive impact fee credits usable 108 within the zone where the facility is constructed or any 109 attendance zone contiguous with or adjacent to the zone where 110 the facility is constructed. 111 5. This paragraph does not limit the authority of a local 112 government to deny a development permit or its functional 113 equivalent pursuant to its home rule regulatory powers, except 114 as provided in this part. 115 Section 2. Paragraph (c) of subsection (9) of section 116 1002.32, Florida Statutes, is amended to read: 117 1002.32 Developmental research (laboratory) schools.— 118 (9) FUNDING.—Funding for a lab school, including a charter 119 lab school, shall be provided as follows: 120 (c) All operating funds provided under this section shall 121 be deposited in a Lab School Trust Fund and shall be expended 122 for the purposes of this section. The university assigned a lab 123 school shall be the fiscal agent for these funds, and all rules 124 of the university governing the budgeting and expenditure of 125 state funds shall apply to these funds unless otherwise provided 126 by law or rule of the State Board of Education. The university 127 board of trustees shall be the public employer of lab school 128 personnel for collective bargaining purposes for lab schools in 129 operation prior to the 2002-2003 fiscal year. Employees of 130 charter lab schools authorized prior to June 1, 2003, but not in 131 operation prior to the 2002-2003 fiscal year shall be employees 132 of the entity holding the charter and must comply with the 133 provisions of s. 1002.33(14) s. 1002.33 (12). 134 Section 3. Subsections (6) through (26) of section 1002.33, 135 Florida Statutes, are amended to read: 136 1002.33 Charter schools.— 137 (6) APPLICATION PROCESS AND REVIEW.—Charter school 138 applications are subject to the following requirements: 139 (a) A person or entity wishing to open a charter school 140 shall prepare and submit an application on a model application 141 form prepared by the Department of Education which: 142 1. Demonstrates how the school will use the guiding 143 principles and meet the statutorily defined purpose of a charter 144 school. 145 2. Provides a detailed curriculum plan that illustrates how 146 students will be provided services to attain the Sunshine State 147 Standards. 148 3. Contains goals and objectives for improving student 149 learning and measuring that improvement. These goals and 150 objectives must indicate how much academic improvement students 151 are expected to show each year, how success will be evaluated, 152 and the specific results to be attained through instruction. 153 4. Describes the reading curriculum and differentiated 154 strategies that will be used for students reading at grade level 155 or higher and a separate curriculum and strategies for students 156 who are reading below grade level. A sponsor shall deny a 157 charter if the school does not propose a reading curriculum that 158 is consistent with effective teaching strategies that are 159 grounded in scientifically based reading research. 160 5. Contains an annual financial plan for each year 161 requested by the charter for operation of the school for up to 5 162 years. This plan must contain anticipated fund balances based on 163 revenue projections, a spending plan based on projected revenues 164 and expenses, and a description of controls that will safeguard 165 finances and projected enrollment trends. 166 6. Documents that the applicant has participated in the 167 training required in subparagraph (b)2. (f)2.A sponsor may 168 require an applicant to provide additional information as an 169 addendum to the charter school application described in this 170 paragraph. 171 (b)1. The Department of Education shall provide or arrange 172 for training and technical assistance to charter schools in 173 developing business plans and estimating costs and income. 174 Training and technical assistance shall address estimating 175 startup costs, projecting enrollment, and identifying the types 176 and amounts of state and federal financial assistance that the 177 charter school may be eligible to receive. The department may 178 provide other technical assistance to an applicant upon written 179 request. 180 2. A charter school applicant must participate in the 181 training provided by the Department of Education after approval 182 of an application, but at least 30 calendar days before the 183 first day of classes at the charter school. However, a sponsor 184 may require the charter school applicant to attend training 185 provided by the sponsor in lieu of the department's training if 186 the sponsor's training standards meet or exceed the standards 187 developed by the department. A sponsor may not require a charter 188 school applicant to attend its training within 30 calendar days 189 before the first day of classes at the charter school when it 190 requires the charter school to attend its training in lieu of 191 the department's training. The training must include instruction 192 in accurate financial planning and good business practices. If 193 the applicant is a management company or a nonprofit 194 organization, the charter school principal and the chief 195 financial officer or his or her equivalent must also participate 196 in the training. However, a sponsor may not require a high 197 performing charter school or high-performing charter school 198 system applicant to participate in the training described in 199 this subparagraph more than once. 200 (c) (b)A sponsor shall receive and review all applications 201 for a charter school using an evaluation instrument developed by 202 the Department of Education. Beginning with the 2007-2008 school 203 year, a sponsor shall receive and consider charter school 204 applications received on or before August 1 of each calendar 205 year for charter schools to be opened at the beginning of the 206 school district's next school year, or to be opened at a time 207 agreed to by the applicant and the sponsor. A sponsor may 208 receive applications later than this date if it chooses. A 209 sponsor may not charge an applicant for a charter any fee for 210 the processing or consideration of an application, and a sponsor 211 may not base its consideration or approval of an application 212 upon the promise of future payment of any kind. Before approving 213 or denying any application, the sponsor shall allow the 214 applicant at least 7 calendar days to make technical or 215 nonsubstantive corrections and clarifications, including, but 216 not limited to, grammatical, typographical, and like errors or 217 missing signatures, if such errors are identified by the sponsor 218 as cause to deny the application. 219 1. In order to facilitate an accurate budget projection 220 process, a sponsor shall be held harmless for FTE students who 221 are not included in the FTE projection due to approval of 222 charter school applications after the FTE projection deadline. 223 In a further effort to facilitate an accurate budget projection, 224 within 15 calendar days after receipt of a charter school 225 application, a sponsor shall report to the Department of 226 Education the name of the applicant entity, the proposed charter 227 school location, and its projected FTE. 228 2. In order to ensure fiscal responsibility, an application 229 for a charter school shall include a full accounting of expected 230 assets, a projection of expected sources and amounts of income, 231 including income derived from projected student enrollments and 232 from community support, and an expense projection that includes 233 full accounting of the costs of operation, including start-up 234 costs. 235 3. A sponsor shall by a majority vote approve or deny an 236 application no later than 60 calendar days after the application 237 is received, unless the sponsor and the applicant mutually agree 238 in writing to temporarily postpone the vote to a specific date, 239 at which time the sponsor shall by a majority vote approve or 240 deny the application. If the sponsor fails to act on the 241 application, an applicant may appeal to the State Board of 242 Education as provided in paragraph (d) paragraph (c). If an 243 application is denied, the sponsor shall, within 10 calendar 244 days after such denial, articulate in writing the specific 245 reasons, based upon good cause, supporting its denial of the 246 charter application and shall provide the letter of denial and 247 supporting documentation to the applicant and to the Department 248 of Education supporting those reasons. 249 4. For budget projection purposes, the sponsor shall report 250 to the Department of Education the approval or denial of a 251 charter application within 10 calendar days after such approval 252 or denial. In the event of approval, the report to the 253 Department of Education shall include the final projected FTE 254 for the approved charter school. 255 5. Upon approval of a charter application, the initial 256 startup shall commence with the beginning of the public school 257 calendar for the district in which the charter is granted unless 258 the sponsor allows a waiver of this subparagraph for good cause. 259 (d) (c)An applicant may appeal any denial of that 260 applicant's application or failure to act on an application to 261 the State Board of Education no later than 30 calendar days 262 after receipt of the sponsor's decision or failure to act and 263 shall notify the sponsor of its appeal. Any response of the 264 sponsor shall be submitted to the State Board of Education 265 within 30 calendar days after notification of the appeal. Upon 266 receipt of notification from the State Board of Education that a 267 charter school applicant is filing an appeal, the Commissioner 268 of Education shall convene a meeting of the Charter School 269 Appeal Commission to study and make recommendations to the State 270 Board of Education regarding its pending decision about the 271 appeal. The commission shall forward its recommendation to the 272 state board no later than 7 calendar days prior to the date on 273 which the appeal is to be heard. The State Board of Education 274 shall by majority vote accept or reject the decision of the 275 sponsor no later than 90 calendar days after an appeal is filed 276 in accordance with State Board of Education rule. The Charter 277 School Appeal Commission may reject an appeal submission for 278 failure to comply with procedural rules governing the appeals 279 process. The rejection shall describe the submission errors. The 280 appellant may have up to 15 calendar days from notice of 281 rejection to resubmit an appeal that meets requirements of State 282 Board of Education rule. An application for appeal submitted 283 subsequent to such rejection shall be considered timely if the 284 original appeal was filed within 30 calendar days after receipt 285 of notice of the specific reasons for the sponsor's denial of 286 the charter application. The State Board of Education shall 287 remand the application to the sponsor with its written decision 288 that the sponsor approve or deny the application. The sponsor 289 shall implement the decision of the State Board of Education. 290 The decision of the State Board of Education is not subject to 291 the provisions of the Administrative Procedure Act, chapter 120. 292 (e) (d)The sponsor shall act upon the decision of the State 293 Board of Education within 30 calendar days after it is received. 294 The State Board of Education's decision is a final action 295 subject to judicial review in the district court of appeal. 296 (f) (e)1. A Charter School Appeal Commission is established 297 to assist the commissioner and the State Board of Education with 298 a fair and impartial review of appeals by applicants whose 299 charter applications have been denied, whose charter contracts 300 have not been renewed, or whose charter contracts have been 301 terminated by their sponsors. 302 2. The Charter School Appeal Commission may receive copies 303 of the appeal documents forwarded to the State Board of 304 Education, review the documents, gather other applicable 305 information regarding the appeal, and make a written 306 recommendation to the commissioner. The recommendation must 307 state whether the appeal should be upheld or denied and include 308 the reasons for the recommendation being offered. The 309 commissioner shall forward the recommendation to the State Board 310 of Education no later than 7 calendar days prior to the date on 311 which the appeal is to be heard. The state board must consider 312 the commission's recommendation in making its decision, but is 313 not bound by the recommendation. The decision of the Charter 314 School Appeal Commission is not subject to the provisions of the 315 Administrative Procedure Act, chapter 120. 316 3. The commissioner shall appoint the members of the 317 Charter School Appeal Commission. Members shall serve without 318 compensation but may be reimbursed for travel and per diem 319 expenses in conjunction with their service. One-half of the 320 members must represent currently operating charter schools, and 321 one-half of the members must represent sponsors. The 322 commissioner or a named designee shall chair the Charter School 323 Appeal Commission. 324 4. The chair shall convene meetings of the commission and 325 shall ensure that the written recommendations are completed and 326 forwarded in a timely manner. In cases where the commission 327 cannot reach a decision, the chair shall make the written 328 recommendation with justification, noting that the decision was 329 rendered by the chair. 330 5. Commission members shall thoroughly review the materials 331 presented to them from the appellant and the sponsor. The 332 commission may request information to clarify the documentation 333 presented to it. In the course of its review, the commission may 334 facilitate the postponement of an appeal in those cases where 335 additional time and communication may negate the need for a 336 formal appeal and both parties agree, in writing, to postpone 337 the appeal to the State Board of Education. A new date certain 338 for the appeal shall then be set based upon the rules and 339 procedures of the State Board of Education. Commission members 340 shall provide a written recommendation to the state board as to 341 whether the appeal should be upheld or denied. A fact-based 342 justification for the recommendation must be included. The chair 343 must ensure that the written recommendation is submitted to the 344 State Board of Education members no later than 7 calendar days 345 prior to the date on which the appeal is to be heard. Both 346 parties in the case shall also be provided a copy of the 347 recommendation. 348 (f)1. The Department of Education shall offer or arrange349 for training and technical assistance to charter school350 applicants in developing business plans and estimating costs and351 income. This assistance shall address estimating startup costs,352 projecting enrollment, and identifying the types and amounts of353 state and federal financial assistance the charter school may be354 eligible to receive. The department may provide other technical355 assistance to an applicant upon written request.356 2. A charter school applicant must participate in the357 training provided by the Department of Education before filing358 an application. However, a sponsor may require the charter359 school applicant to attend training provided by the sponsor in360 lieu of the department's training if the sponsor's training361 standards meet or exceed the standards developed by the362 Department of Education. The training shall include instruction363 in accurate financial planning and good business practices. If364 the applicant is a management company or other nonprofit365 organization, the charter school principal and the chief366 financial officer or his or her equivalent must also participate367 in the training.368 (g) In considering charter applications for a lab school, a 369 state university shall consult with the district school board of 370 the county in which the lab school is located. The decision of a 371 state university may be appealed pursuant to the procedure 372 established in this subsection. 373 (h) The terms and conditions for the operation of a charter 374 school shall be set forth by the sponsor and the applicant in a 375 written contractual agreement, called a charter. The sponsor 376 shall not impose unreasonable rules or regulations that violate 377 the intent of giving charter schools greater flexibility to meet 378 educational goals. The sponsor shall have 60 days to provide an 379 initial proposed charter contract to the charter school. The 380 applicant and the sponsor shall have 75 days thereafter to 381 negotiate and notice the charter contract for final approval by 382 the sponsor unless both parties agree to an extension. The 383 proposed charter contract shall be provided to the charter 384 school at least 7 calendar days before prior tothe date of the 385 meeting at which the charter is scheduled to be voted upon by 386 the sponsor. The Department of Education shall provide mediation 387 services for any dispute regarding this section subsequent to 388 the approval of a charter application and for any dispute 389 relating to the approved charter, except disputes regarding 390 charter school application denials. If the Commissioner of 391 Education determines that the dispute cannot be settled through 392 mediation, the dispute may be appealed to an administrative law 393 judge appointed by the Division of Administrative Hearings. The 394 administrative law judge may rule on issues of equitable 395 treatment of the charter school as a public school, whether 396 proposed provisions of the charter violate the intended 397 flexibility granted charter schools by statute, or on any other 398 matter regarding this section except a charter school 399 application denial, a charter termination, or a charter 400 nonrenewal and shall award the prevailing party reasonable 401 attorney's fees and costs incurred to be paid by the losing 402 party. The costs of the administrative hearing shall be paid by 403 the party whom the administrative law judge rules against. 404 (7) CHARTER.—The major issues involving the operation of a 405 charter school shall be considered in advance and written into 406 the charter. The charter shall be signed by the governing body 407 of the charter school and the sponsor, following a public 408 hearing to ensure community input. 409 (a) The charter shall address and criteria for approval of 410 the charter shall be based on: 411 1. The school's mission, the students to be served, and the 412 ages and grades to be included. 413 2. The focus of the curriculum, the instructional methods 414 to be used, any distinctive instructional techniques to be 415 employed, and identification and acquisition of appropriate 416 technologies needed to improve educational and administrative 417 performance which include a means for promoting safe, ethical, 418 and appropriate uses of technology which comply with legal and 419 professional standards. The charter shall ensure that reading is 420 a primary focus of the curriculum and that resources are 421 provided to identify and provide specialized instruction for 422 students who are reading below grade level. The curriculum and 423 instructional strategies for reading must be consistent with the 424 Sunshine State Standards and grounded in scientifically based 425 reading research. 426 3. The current incoming baseline standard of student 427 academic achievement, the outcomes to be achieved, and the 428 method of measurement that will be used. The criteria listed in 429 this subparagraph shall include a detailed description of: 430 a. How the baseline student academic achievement levels and 431 prior rates of academic progress will be established. 432 b. How these baseline rates will be compared to rates of 433 academic progress achieved by these same students while 434 attending the charter school. 435 c. To the extent possible, how these rates of progress will 436 be evaluated and compared with rates of progress of other 437 closely comparable student populations. 438 439 The district school board is required to provide academic 440 student performance data to charter schools for each of their 441 students coming from the district school system, as well as 442 rates of academic progress of comparable student populations in 443 the district school system. 444 4. The methods used to identify the educational strengths 445 and needs of students and how well educational goals and 446 performance standards are met by students attending the charter 447 school. The methods shall provide a means for the charter school 448 to ensure accountability to its constituents by analyzing 449 student performance data and by evaluating the effectiveness and 450 efficiency of its major educational programs. Students in 451 charter schools shall, at a minimum, participate in the 452 statewide assessment program created under s. 1008.22. 453 5. In secondary charter schools, a method for determining 454 that a student has satisfied the requirements for graduation in 455 s. 1003.428, s. 1003.429, or s. 1003.43. 456 6. A method for resolving conflicts between the governing 457 body of the charter school and the sponsor. 458 7. The admissions procedures and dismissal procedures, 459 including the school's code of student conduct. 460 8. The ways by which the school will achieve a 461 racial/ethnic balance reflective of the community it serves or 462 within the racial/ethnic range of other public schools in the 463 same school district. 464 9. The financial and administrative management of the 465 school, including a reasonabledemonstration of the professional 466 experience or competence of those individuals or organizations 467 applying to operate the charter school or those hired or 468 retained to perform such professional services and the 469 description of clearly delineated responsibilities and the 470 policies and practices needed to effectively manage the charter 471 school. A description of internal audit procedures and 472 establishment of controls to ensure that financial resources are 473 properly managed must be included. Both public sector and 474 private sector professional experience shall be equally valid in 475 such a consideration. 476 10. The asset and liability projections required in the 477 application which are incorporated into the charter and shall be 478 compared with information provided in the annual report of the 479 charter school. 480 11. A description of procedures that identify various risks 481 and provide for a comprehensive approach to reduce the impact of 482 losses; plans to ensure the safety and security of students and 483 staff; plans to identify, minimize, and protect others from 484 violent or disruptive student behavior; and the manner in which 485 the school will be insured, including whether or not the school 486 will be required to have liability insurance, and, if so, the 487 terms and conditions thereof and the amounts of coverage. 488 12. The term of the charter which shall provide for 489 cancellation of the charter if insufficient progress has been 490 made in attaining the student achievement objectives of the 491 charter and if it is not likely that such objectives can be 492 achieved before expiration of the charter. The initial term of a 493 charter shall be for 4 or5 years, unless the charter meets the 494 requirements of a high-performing charter school system pursuant 495 to subsection (11). In order to facilitate access to long-term496 financial resources for charter school construction,Charter 497 schools that are operated by a municipality or other public498 entity as provided by laware eligible for up to a 15-year 499 charter, subject to approval by the district school board. A 500 charter lab school is eligible for a charter for a term of up to 501 15 years. In addition, to facilitate access to long-term502 financial resources for charter school construction, charter503 schools that are operated by a private, not-for-profit, s.504 501(c)(3) status corporation are eligible for up to a 15-year505 charter, subject to approval by the district school board.Such 506 long-term charters remain subject to annual review and may be 507 terminated during the term of the charter, but only according to 508 the provisions set forth in subsection (8). 509 13. The facilities to be used and their location. 510 14. The qualifications to be required of the teachers and 511 the potential strategies used to recruit, hire, train, and 512 retain qualified staff to achieve best value. 513 15. The governance structure of the school, including the 514 status of the charter school as a public or private employer as 515 required in paragraph (14)(i) (12)(i). 516 16. A timetable for implementing the charter which 517 addresses the implementation of each element thereof and the 518 date by which the charter shall be awarded in order to meet this 519 timetable. 520 17. In the case of an existing public school that is being 521 converted to charter status, alternative arrangements for 522 current students who choose not to attend the charter school and 523 for current teachers who choose not to teach in the charter 524 school after conversion in accordance with the existing 525 collective bargaining agreement or district school board rule in 526 the absence of a collective bargaining agreement. However, 527 alternative arrangements shall not be required for current 528 teachers who choose not to teach in a charter lab school, except 529 as authorized by the employment policies of the state university 530 which grants the charter to the lab school. 531 18. Full disclosure of the identity of all relatives 532 employed by the charter school who are related to the charter 533 school owner, president, chairperson of the governing board of 534 directors, superintendent, governing board member, principal, 535 assistant principal, or any other person employed by the charter 536 school who has equivalent decisionmaking authority. For the 537 purpose of this subparagraph, the term "relative" means father, 538 mother, son, daughter, brother, sister, uncle, aunt, first 539 cousin, nephew, niece, husband, wife, father-in-law, mother-in 540 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 541 stepfather, stepmother, stepson, stepdaughter, stepbrother, 542 stepsister, half brother, or half sister. 543 (b)1. A charter may be renewed provided that a program 544 review demonstrates that the criteria in paragraph (a) have been 545 successfully accomplished and that none of the grounds for 546 nonrenewal established by paragraph (8)(a) has been documented. 547 In order to facilitate long-term financing for charter school 548 construction, charter schools operating for a minimum of 3 years 549 and demonstrating exemplary academic programming and fiscal 550 management are eligible for a 15-year charter renewal. Such 551 long-term charter is subject to annual review and may be 552 terminated during the term of the charter. 553 2. The 15-year charter renewal that may be granted pursuant 554 to subparagraph 1. shall be granted to a charter school that has 555 received a school grade of "A" or "B" pursuant to s. 1008.34 in 556 3 of the past 4 years and is not in a state of financial 557 emergency or deficit position as defined by this section. Such 558 long-term charter is subject to annual review and may be 559 terminated during the term of the charter pursuant to subsection 560 (8). 561 (c) A charter may be modified during its initial term or 562 any renewal term upon the recommendation of the sponsor or the 563 charter school governing board and the approval of both parties 564 to the agreement. 565 (d) The sponsor may not require that board members of the 566 charter school reside in the district in which the charter 567 school is located and shall allow charter school management 568 personnel to represent the charter school board if such 569 representation has been approved by the charter school board. 570 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 571 (a) The sponsor may choose not to renew or may terminate 572 the charter for any of the following grounds: 573 1. Failure to participate in the state's education 574 accountability system created in s. 1008.31, as required in this 575 section, or failure to meet the requirements for student 576 performance stated in the charter. 577 2. Failure to meet generally accepted standards of fiscal 578 management. 579 3. Violation of law. 580 4. Other good cause shown. 581 (b) Before At least 90 days prior torenewing or 582 terminating a charter, the sponsor shall notify the governing 583 body of the school of the proposed action in writing. The notice 584 shall state in reasonable detail the grounds for the proposed 585 action and stipulate that the school's governing body may, 586 within 14 calendar days after receiving the notice, file a 587 request for a an informalhearing with the sponsor pursuant to 588 chapter 120 befor e the sponsor. The matter shall proceed 589 pursuant to chapter 120. The sponsor shall conduct the informal590 hearing within 30 calendar days after receiving a written591 request .592 (c) The final order issued by the sponsor must include the 593 specific reasons for nonrenewal or termination of the charter 594 and shall be provided to the charter school governing body and 595 the Department of Education within 10 calendar days after the 596 final order is issued. If a charter is not renewed or is597 terminated pursuant to paragraph (b), the sponsor shall, within598 10 calendar days, articulate in writing the specific reasons for599 its nonrenewal or termination of the charter and must provide600 the letter of nonrenewal or termination and documentation601 supporting the reasons to the charter school governing body, the602 charter school principal, and the Department of Education.The 603 charter school's governing body may, within 30 calendar days 604 after receiving the sponsor's final order written decision to605 refuse to renew or to terminate the charter, appeal the decision 606 pursuant to the procedure established in subsection (6). 607 (d) A charter may be terminated immediately if the sponsor 608 determines that good cause has been shown or if the health, 609 safety, or welfare of the students is threatened. The sponsor's 610 determination is notsubject to the same process as set forth in 611 paragraphs an informal hearing under paragraph(b) and (c), with 612 the exception that the sponsor's determination may take effect 613 immediately or at a subsequently identified time or pursuant to614 chapter 120. The sponsor shall notify in writing the charter 615 school's governing body, the charter school principal, and the 616 department if a charter is immediately terminated as soon as 617 reasonably possible. The sponsor shall clearly identify the 618 specific issues that resulted in the immediate termination and 619 provide evidence of prior notification of issues resulting in 620 the immediate termination when appropriate. The charter school's 621 governing board has 10 days to request a hearing pursuant to s. 622 120.569. The hearing in such cases shall be expedited, and the 623 final order shall be issued no more than 45 days after the date 624 upon which the hearing is requested. The school district in625 which the charter school is located shall assume operation of626 the school under these circumstances.The charter school's 627 governing board may, within 30 days after receiving the 628 sponsor's decision to terminate the charter, appeal the decision 629 pursuant to the procedure established in subsection (6). The 630 sponsor shall assume and continue operation of the school 631 pending appeal to the State Board of Education under subsection 632 (6), unless the continued operation of the school would 633 materially threaten the physical health, safety, or welfare of 634 the students. A sponsor that fails to assume and to continue 635 operation of the charter school is liable for attorney's fees 636 and costs to the charter school if the charter school prevails 637 on appeal to the State Board of Education. 638 (e) When a charter is not renewed or is terminated, the 639 school shall be dissolved under the provisions of law under 640 which the school was organized, and any unencumbered public 641 funds, except for capital outlay funds and federal charter 642 school program grant funds, from the charter school shall revert 643 to the sponsor. Capital outlay funds provided pursuant to s. 644 1013.62 and federal charter school program grant funds that are 645 unencumbered shall revert to the department to be redistributed 646 among eligible charter schools. In the event a charter school is 647 dissolved or is otherwise terminated, all district school board 648 property and improvements, furnishings, and equipment purchased 649 with public funds shall automatically revert to full ownership 650 by the district school board, subject to complete satisfaction 651 of any lawful liens or encumbrances. Any unencumbered public 652 funds from the charter school, district school board property 653 and improvements, furnishings, and equipment purchased with 654 public funds, or financial or other records pertaining to the 655 charter school, in the possession of any person, entity, or 656 holding company, other than the charter school, shall be held in 657 trust upon the district school board's request, until any appeal 658 status is resolved. 659 (f) If a charter is not renewed or is terminated, the 660 charter school is responsible for all debts of the charter 661 school. The district may not assume the debt from any contract 662 made between the governing body of the school and a third party, 663 except for a debt that is previously detailed and agreed upon in 664 writing by both the district and the governing body of the 665 school and that may not reasonably be assumed to have been 666 satisfied by the district. 667 (g) If a charter is not renewed or is terminated, a student 668 who attended the school may apply to, and shall be enrolled in, 669 another public school. Normal application deadlines shall be 670 disregarded under such circumstances. 671 (9) CHARTER SCHOOL REQUIREMENTS.— 672 (a) A charter school shall be nonsectarian in its programs, 673 admission policies, employment practices, and operations. 674 (b) A charter school shall admit students as provided in 675 subsection (12) (10). 676 (c) A charter school shall be accountable to its sponsor 677 for performance as provided in subsection (7). 678 (d) A charter school may shallnot charge tuition or 679 registration fees, except those fees normally charged by other 680 public schools. However, a charter lab school may charge a 681 student activity and service fee as authorized by s. 1002.32(5). 682 (e) A charter school shall meet all applicable state and 683 local health, safety, and civil rights requirements. 684 (f) A charter school may shallnot violate the 685 antidiscrimination provisions of s. 1000.05. 686 (g) In order to provide financial information that is 687 comparable to that reported for other public schools, charter 688 schools are to maintain all financial records that constitute 689 their accounting system: 690 1. In accordance with the accounts and codes prescribed in 691 the most recent issuance of the publication titled "Financial 692 and Program Cost Accounting and Reporting for Florida Schools"; 693 or 694 2. At the discretion of the charter school governing board, 695 a charter school may elect to follow generally accepted 696 accounting standards for not-for-profit organizations, but must 697 reformat this information for reporting according to this 698 paragraph. 699 700 Charter schools shall provide annual financial report and 701 program cost report information in the state-required formats 702 for inclusion in district reporting in compliance with s. 703 1011.60(1). Charter schools that are operated by a municipality 704 or are a component unit of a parent nonprofit organization may 705 use the accounting system of the municipality or the parent but 706 must reformat this information for reporting according to this 707 paragraph. A charter school shall provide a monthly financial 708 statement to the sponsor; however, if the charter school is 709 designated as a high-performing charter school under subsection 710 (10) or is part of a high-performing charter school system under 711 subsection (11), it shall provide a quarterly financial 712 statement. The monthlyfinancial statement required under this 713 paragraph shall be in a form prescribed by the Department of 714 Education. 715 (h) The governing board of the charter school shall 716 annually adopt and maintain an operating budget. 717 (i) The governing body of the charter school shall exercise 718 continuing oversight over charter school operations. 719 (j) The governing body of the charter school shall be 720 responsible for: 721 1. Ensuring that the charter school has retained the 722 services of a certified public accountant or auditor for the 723 annual financial audit, pursuant to s. 1002.345(2), who shall 724 submit the report to the governing body. 725 2. Reviewing and approving the audit report, including 726 audit findings and recommendations for the financial recovery 727 plan. 728 3.a. Performing the duties in s. 1002.345, including 729 monitoring a corrective action plan. 730 b. Monitoring a financial recovery plan in order to ensure 731 compliance. 732 4. Participating in governance training approved by the 733 department which must include government in the sunshine, 734 conflicts of interest, ethics, and financial responsibility. 735 (k) The governing body of the charter school shall report 736 its progress annually to its sponsor, which shall forward the 737 report to the Commissioner of Education at the same time as 738 other annual school accountability reports. The Department of 739 Education shall develop a uniform, online annual accountability 740 report to be completed by charter schools. This report shall be 741 easy to utilize and contain demographic information, student 742 performance data, and financial accountability information. A 743 charter school shall not be required to provide information and 744 data that is duplicative and already in the possession of the 745 department. The Department of Education shall include in its 746 compilation a notation if a school failed to file its report by 747 the deadline established by the department. The report shall 748 include at least the following components: 749 1. Student achievement performance data, including the 750 information required for the annual school report and the 751 education accountability system governed by ss. 1008.31 and 752 1008.345. Charter schools are subject to the same accountability 753 requirements as other public schools, including reports of 754 student achievement information that links baseline student data 755 to the school's performance projections identified in the 756 charter. The charter school shall identify reasons for any 757 difference between projected and actual student performance. 758 2. Financial status of the charter school which must 759 include revenues and expenditures at a level of detail that 760 allows for analysis of the charter school's ability to meet 761 financial obligations and timely repayment of debt. 762 3. Documentation of the facilities in current use and any 763 planned facilities for use by the charter school for instruction 764 of students, administrative functions, or investment purposes. 765 4. Descriptive information about the charter school's 766 personnel, including salary and benefit levels of charter school 767 employees, the proportion of instructional personnel who hold 768 professional or temporary certificates, and the proportion of 769 instructional personnel teaching in-field or out-of-field. 770 (l) A charter school shall not levy taxes or issue bonds 771 secured by tax revenues. 772 (m) A charter school shall provide instruction for at least 773 the number of days required by law for other public schools and 774 may provide instruction for additional days. 775 (n) The director and a representative of the governing body 776 of a charter school that has received a school grade of "D" 777 under s. 1008.34(2) shall appear before the sponsor or the 778 sponsor's staff at least once a year to present information 779 concerning each contract component having noted deficiencies. 780 The sponsor shall communicate at the meeting, and in writing to 781 the director, the services provided to the school to help the 782 school address its deficiencies. 783 (o) Upon notification that a charter school receives a 784 school grade of "D" for 2 consecutive years or a school grade of 785 "F" under s. 1008.34(2), the charter school sponsor or the 786 sponsor's staff shall require the director and a representative 787 of the governing body to submit to the sponsor for approval a 788 school improvement plan to raise student achievement and to 789 implement the plan. The sponsor has the authority to approve a 790 school improvement plan that the charter school will implement 791 in the following school year. The sponsor may also consider the 792 State Board of Education's recommended action pursuant to s. 793 1008.33(1) as part of the school improvement plan. The 794 Department of Education shall offer technical assistance and 795 training to the charter school and its governing body and 796 establish guidelines for developing, submitting, and approving 797 such plans. 798 1. If the charter school fails to improve its student 799 performance from the year immediately prior to the 800 implementation of the school improvement plan, the sponsor shall 801 place the charter school on probation and shall require the 802 charter school governing body to take one of the following 803 corrective actions: 804 a. Contract for the educational services of the charter 805 school; 806 b. Reorganize the school at the end of the school year 807 under a new director or principal who is authorized to hire new 808 staff and implement a plan that addresses the causes of 809 inadequate progress; or 810 c. Reconstitute the charter school. 811 2. A charter school that is placed on probation shall 812 continue the corrective actions required under subparagraph 1. 813 until the charter school improves its student performance from 814 the year prior to the implementation of the school improvement 815 plan. 816 3. Notwithstanding any provision of this paragraph, the 817 sponsor may terminate the charter at any time pursuant to 818 subsection (8). 819 (p) The director and a representative of the governing body 820 of a graded charter school that has submitted a school 821 improvement plan or has been placed on probation under paragraph 822 (o) shall appear before the sponsor or the sponsor's staff at 823 least once a year to present information regarding the 824 corrective strategies that are being implemented by the school 825 pursuant to the school improvement plan. The sponsor shall 826 communicate at the meeting, and in writing to the director, the 827 services provided to the school to help the school address its 828 deficiencies. 829 (10) HIGH-PERFORMING CHARTER SCHOOLS.— 830 (a) A charter school shall be designated as a high 831 performing charter school if: 832 1. During each of the previous 3 years the charter school: 833 a. Received a school grade of "A" or "B"; 834 b. Received an unqualified opinion on each financial audit 835 required under s. 218.39; and 836 c. Did not receive a financial audit that revealed one or 837 more of the conditions set forth in s. 218.503(1); however, the 838 condition is deemed met for a charter school-in-the-workplace if 839 there is a finding in an audit that the school has the monetary 840 resources available to cover any reported deficiency or that the 841 deficiency does not result in a deteriorating financial 842 condition pursuant to s. 1002.345(1)(a)3. 843 2. The charter school has been in operation for less than 3 844 years and is operated by a high-performing charter school system 845 pursuant to subsection (11). These charter schools may receive 846 capital outlay funds in their first year pursuant to s. 1013.62 847 and are not required to comply with s. 1013.62(1)(a)1.-3. 848 (b) If the charter school maintains compliance with s. 849 1002.33(18)(b)3., a high-performing charter school may: 850 1. Increase the school's student enrollment once per year 851 by up to 25 percent more than the capacity authorized pursuant 852 to paragraph (12)(i). 853 2. Expand to any grade level within kindergarten through 854 grade 12, if not already serving such grades. 855 3. Offer voluntary prekindergarten education pursuant to 856 ss. 1002.51-1002.79. 857 (c) A high-performing charter school shall receive a 15 858 year charter renewal upon expiration of the current charter. 859 (d) The high-performing charter school designation shall be 860 removed if the charter school does not continue to meet the 861 requirements in paragraph (a). 862 (11) HIGH-PERFORMING CHARTER SCHOOL SYSTEM.— 863 (a)1. For purposes of this subsection, the term: 864 a. "Entity" means a municipality or other public entity as 865 authorized by law to operate a charter school; a private, not 866 for-profit, s. 501(c)(3) status corporation; or a private, for 867 profit corporation. 868 b. "High-performing charter school system" means an entity 869 that: 870 (I) Operates at least three high-performing charter schools 871 in this state; 872 (II) Has received a systemwide average grade of "A" or "B" 873 during the previous 3 years for all charter schools created or 874 started by the entity; 875 (III) Has not received a financial audit for any school 876 created or started by the entity which reveals one or more of 877 the conditions set forth in s. 218.503(1); and 878 (IV) Has not received a school grade of "F" during any of 879 the previous 2 years for any charter school operated by the 880 entity in the state, except for a charter school taken over or 881 managed by, but not created or started by, the entity, in which 882 case the entity loses its high-performing designation if the 883 charter school receives a school grade of "F" in 3 out of 5 884 years. 885 (b) A high-performing charter school system may apply to 886 establish and operate a new charter school in any district in 887 the state which will substantially replicate one or more of the 888 provider's existing high-performing charter schools. 889 1. A local school district may deny a charter application 890 from an operator of a high-performing charter school system only 891 if good cause is shown that the operator fails to materially 892 meet established charter school requirements pursuant to 893 subsection (9). The charter applicant may appeal, as provided in 894 subsection (6). The district is liable to the charter applicant 895 for attorney's fees and costs if the charter applicant prevails 896 on appeal. The State Board of Education may additionally 897 sanction the district with any penalties under s. 1008.32(4) if 898 the state board determines that the district has a pattern of 899 unlawfully denying a high-performing charter system from 900 replicating a high-performing charter school. 901 2. The new charter school shall receive an initial charter 902 for a term of 15 years, shall be designated as a high-performing 903 charter school for the first 3 years of the charter, and shall 904 receive charter school capital outlay funds under s. 1013.62. 905 The school is not required to comply with s. 1013.62(1)(a)1.-3., 906 but must comply with any other requirements in s. 1013.62 to 907 receive charter school capital outlay funds as provided in this 908 subparagraph. 909 3. The designation as a high-performing charter school 910 system shall be removed if the system does not continue to meet 911 the requirements in paragraph (a). 912 913 This paragraph does not waive a district school board's 914 sovereign immunity. 915 (12) (10)ELIGIBLE STUDENTS.— 916 (a) A charter school shall be open to any student covered 917 in an interdistrict agreement or residing in the school district 918 in which the charter school is located; however, in the case of 919 a charter lab school, the charter lab school shall be open to 920 any student eligible to attend the lab school as provided in s. 921 1002.32 or who resides in the school district in which the 922 charter lab school is located. Any eligible student shall be 923 allowed interdistrict transfer to attend a charter school when 924 based on good cause. Good cause shall include, but is not 925 limited to, geographic proximity to a charter school in a 926 neighboring school district. 927 (b) The charter school shall enroll an eligible student who 928 submits a timely application, unless the number of applications 929 exceeds the capacity of a program, class, grade level, or 930 building. In such case, all applicants shall have an equal 931 chance of being admitted through a random selection process. 932 (c) When a public school converts to charter status, 933 enrollment preference shall be given to students who would have 934 otherwise attended that public school. The district school board 935 shall consult and negotiate with the conversion charter school 936 every 3 years to determine whether realignment of the conversion 937 charter school's attendance zone is appropriate in order to 938 ensure that students residing closest to the charter school are 939 provided with an enrollment preference. 940 (d) A charter school may give enrollment preference to the 941 following student populations: 942 1. Students who are siblings of a student enrolled in the 943 charter school. 944 2. Students who are the children of a member of the 945 governing board of the charter school. 946 3. Students who are the children of an employee of the 947 charter school. 948 4. Students who are the children of: 949 a. An employee of a business partner, or a resident of a 950 municipality, who complies with paragraph (17)(b) for a charter 951 school-in-the-workplace; or 952 b. A resident of a municipality that operates a charter 953 school-in-a-municipality pursuant to paragraph (17)(c). 954 5. Students enrolling in a charter school-in-the-workplace 955 or charter school-in-a-municipality established pursuant to this 956 section. 957 (e) A charter school may limit the enrollment process only 958 to target the following student populations: 959 1. Students within specific age groups or grade levels. 960 2. Students considered at risk of dropping out of school or 961 academic failure. Such students shall include exceptional 962 education students. 963 3. Students enrolling in a charter school-in-the-workplace 964 or charter school-in-a-municipality established pursuant to 965 subsection (17) (15). 966 4. Students residing within a reasonable distance of the 967 charter school, as described in paragraph (23)(c) (20)(c). Such 968 students are shall besubject to a random lottery and to the 969 racial/ethnic balance provisions described in subparagraph 970 (7)(a)8. or any federal provisions that require a school to 971 achieve a racial/ethnic balance reflective of the community it 972 serves or within the racial/ethnic range of other public schools 973 in the same school district. 974 5. Students who meet reasonable academic, artistic, or 975 other eligibility standards established by the charter school 976 and included in the charter school application and charter or, 977 in the case of existing charter schools, standards that are 978 consistent with the school's mission and purpose. Such standards 979 shall be in accordance with current state law and practice in 980 public schools and may not discriminate against otherwise 981 qualified individuals. 982 6. Students articulating from one charter school to another 983 pursuant to an articulation agreement between the charter 984 schools that has been approved by the sponsor. 985 (f) Students with disabilities and students served in 986 English for Speakers of Other Languages programs shall have an 987 equal opportunity of being selected for enrollment in a charter 988 school. 989 (g) A student may withdraw from a charter school at any 990 time and enroll in another public school as determined by 991 district school board rule. 992 (h) The capacity of the charter school shall be determined 993 annually by the governing board, in conjunction with the 994 sponsor, of the charter school in consideration of the factors 995 identified in this subsection unless the charter school is 996 designated as a high-performing charter school under subsection 997 (10). A sponsor may not require a charter school to waive the 998 provisions in paragraph (10)(b) or require a student enrollment 999 cap that prohibits a high-performing charter school from 1000 increasing enrollment in accordance with paragraph (10)(b) as a 1001 condition of approval or renewal of a charter. 1002 (i) The capacity of a high-performing charter school 1003 pursuant to subsection (10) shall be determined annually by the 1004 governing board of the charter school. The governing board shall 1005 notify the sponsor of any increase in enrollment by March 1 of 1006 the school year preceding the increase. 1007 (13) (11)PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR 1008 ACTIVITIES.—A charter school student is eligible to participate 1009 in an interscholastic extracurricular activity at the public 1010 school to which the student would be otherwise assigned to 1011 attend pursuant to s. 1006.15(3)(d). 1012 (14) (12)EMPLOYEES OF CHARTER SCHOOLS.— 1013 (a) A charter school shall select its own employees. A 1014 charter school may contract with its sponsor for the services of 1015 personnel employed by the sponsor. 1016 (b) Charter school employees shall have the option to 1017 bargain collectively. Employees may collectively bargain as a 1018 separate unit or as part of the existing district collective 1019 bargaining unit as determined by the structure of the charter 1020 school. 1021 (c) The employees of a conversion charter school shall 1022 remain public employees for all purposes, unless such employees 1023 choose not to do so. 1024 (d) The teachers at a charter school may choose to be part 1025 of a professional group that subcontracts with the charter 1026 school to operate the instructional program under the auspices 1027 of a partnership or cooperative that they collectively own. 1028 Under this arrangement, the teachers would not be public 1029 employees. 1030 (e) Employees of a school district may take leave to accept 1031 employment in a charter school upon the approval of the district 1032 school board. While employed by the charter school and on leave 1033 that is approved by the district school board, the employee may 1034 retain seniority accrued in that school district and may 1035 continue to be covered by the benefit programs of that school 1036 district, if the charter school and the district school board 1037 agree to this arrangement and its financing. School districts 1038 may shallnot require resignations from instructional personnel, 1039 school administrators, or educational support employees who 1040 desire employment of teachers desiring to teachin a charter 1041 school. This paragraph does shallnot prohibit a district school 1042 board from approving alternative leave arrangements consistent 1043 with chapter 1012. 1044 (f) Teachers employed by or under contract to a charter 1045 school shall be certified as required by chapter 1012. A charter 1046 school governing board may employ or contract with skilled 1047 selected noncertified personnel to provide instructional 1048 services or to assist instructional staff members as education 1049 paraprofessionals in the same manner as defined in chapter 1012, 1050 and as provided by State Board of Education rule for charter 1051 school governing boards. A charter school may not knowingly 1052 employ an individual to provide instructional services or to 1053 serve as an education paraprofessional if the individual's 1054 certification or licensure as an educator is suspended or 1055 revoked by this or any other state. A charter school may not 1056 knowingly employ an individual who has resigned from a school 1057 district in lieu of disciplinary action with respect to child 1058 welfare or safety, or who has been dismissed for just cause by 1059 any school district with respect to child welfare or safety. The 1060 qualifications of teachers shall be disclosed to parents. 1061 (g)1. A charter school shall employ or contract with 1062 employees who have undergone background screening as provided in 1063 s. 1012.32. Members of the governing board of the charter school 1064 shall also undergo background screening in a manner similar to 1065 that provided in s. 1012.32. 1066 2. A charter school shall disqualify instructional 1067 personnel and school administrators, as defined in s. 1012.01, 1068 from employment in any position that requires direct contact 1069 with students if the personnel or administrators are ineligible 1070 for such employment under s. 1012.315. 1071 3. The governing board of a charter school shall adopt 1072 policies establishing standards of ethical conduct for 1073 instructional personnel and school administrators. The policies 1074 must require all instructional personnel and school 1075 administrators, as defined in s. 1012.01, to complete training 1076 on the standards; establish the duty of instructional personnel 1077 and school administrators to report, and procedures for 1078 reporting, alleged misconduct by other instructional personnel 1079 and school administrators which affects the health, safety, or 1080 welfare of a student; and include an explanation of the 1081 liability protections provided under ss. 39.203 and 768.095. A 1082 charter school, or any of its employees, may not enter into a 1083 confidentiality agreement regarding terminated or dismissed 1084 instructional personnel or school administrators, or personnel 1085 or administrators who resign in lieu of termination, based in 1086 whole or in part on misconduct that affects the health, safety, 1087 or welfare of a student, and may not provide instructional 1088 personnel or school administrators with employment references or 1089 discuss the personnel's or administrators' performance with 1090 prospective employers in another educational setting, without 1091 disclosing the personnel's or administrators' misconduct. Any 1092 part of an agreement or contract that has the purpose or effect 1093 of concealing misconduct by instructional personnel or school 1094 administrators which affects the health, safety, or welfare of a 1095 student is void, is contrary to public policy, and may not be 1096 enforced. 1097 4. Before employing instructional personnel or school 1098 administrators in any position that requires direct contact with 1099 students, a charter school shall conduct employment history 1100 checks of each of the personnel's or administrators' previous 1101 employers, screen the instructional personnel or school 1102 administrators through use of the educator screening tools 1103 described in s. 1001.10(5), and document the findings. If unable 1104 to contact a previous employer, the charter school must document 1105 efforts to contact the employer. 1106 5. The sponsor of a charter school that knowingly fails to 1107 comply with this paragraph shall terminate the charter under 1108 subsection (8). 1109 (h) For the purposes of tort liability, the governing body 1110 and employees of a charter school shall be governed by s. 1111 768.28. 1112 (i) A charter school shall organize as, or be operated by, 1113 a nonprofit organization. A charter school may be operated by a 1114 municipality or other public entity as provided for by law. As 1115 such, the charter school may be either a private or a public 1116 employer. As a public employer, a charter school may participate 1117 in the Florida Retirement System upon application and approval 1118 as a "covered group" under s. 121.021(34). If a charter school 1119 participates in the Florida Retirement System, the charter 1120 school employees shall be compulsory members of the Florida 1121 Retirement System. As either a private or a public employer, a 1122 charter school may contract for services with an individual or 1123 group of individuals who are organized as a partnership or a 1124 cooperative. Individuals or groups of individuals who contract 1125 their services to the charter school are not public employees. 1126 (15) (13)CHARTER SCHOOL COOPERATIVES.—Charter schools may 1127 enter into cooperative agreements to form charter school 1128 cooperative organizations that may provide the following 1129 services: charter school planning and development, direct 1130 instructional services, and contracts with charter school 1131 governing boards to provide personnel administrative services, 1132 payroll services, human resource management, evaluation and 1133 assessment services, teacher preparation, and professional 1134 development. 1135 (16) (14)CHARTER SCHOOL FINANCIAL ARRANGEMENTS; 1136 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR 1137 TAXING POWER NOT TO BE PLEDGED.—Any arrangement entered into to 1138 borrow or otherwise secure funds for a charter school authorized 1139 in this section from a source other than the state or a school 1140 district shall indemnify the state and the school district from 1141 any and all liability, including, but not limited to, financial 1142 responsibility for the payment of the principal or interest. Any 1143 loans, bonds, or other financial agreements are not obligations 1144 of the state or the school district but are obligations of the 1145 charter school authority and are payable solely from the sources 1146 of funds pledged by such agreement. The credit or taxing power 1147 of the state or the school district shall not be pledged and no 1148 debts shall be payable out of any moneys except those of the 1149 legal entity in possession of a valid charter approved by a 1150 district school board pursuant to this section. 1151 (17) (15)CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS 1152 IN-A-MUNICIPALITY.— 1153 (a) In order to increase business partnerships in 1154 education, to reduce school and classroom overcrowding 1155 throughout the state, and to offset the high costs for 1156 educational facilities construction, the Legislature intends to 1157 encourage the formation of business partnership schools or 1158 satellite learning centers and municipal-operated schools 1159 through charter school status. 1160 (b) A charter school-in-the-workplace may be established 1161 when a business partner provides the school facility to be used; 1162 enrolls students based upon a random lottery that involves all 1163 of the children of employees of that business or corporation or 1164 residents of that municipality who are seeking enrollment, as 1165 provided for in subsection (12) (10); and enrolls students 1166 according to the racial/ethnic balance provisions described in 1167 subparagraph (7)(a)8. A municipality may be a business partner 1168 notwithstanding paragraph (c). Any portion of a facility used 1169 for a public charter school shall be exempt from ad valorem 1170 taxes, as provided for in s. 1013.54, for the duration of its 1171 use as a public school. 1172 (c) A charter school-in-a-municipality designation may be 1173 granted to a municipality that possesses a charter; enrolls 1174 students based upon a random lottery that involves all of the 1175 children of the residents of that municipality who are seeking 1176 enrollment, as provided for in subsection (12) (10); and enrolls 1177 students according to the racial/ethnic balance provisions 1178 described in subparagraph (7)(a)8. When a municipality has 1179 submitted charter applications for the establishment of a 1180 charter school feeder pattern, consisting of elementary, middle, 1181 and senior high schools, and each individual charter application 1182 is approved by the district school board, such schools shall 1183 then be designated as one charter school for all purposes listed 1184 pursuant to this section. Any portion of the land and facility 1185 used for a public charter school shall be exempt from ad valorem 1186 taxes, as provided for in s. 1013.54, for the duration of its 1187 use as a public school. 1188 (d) As used in this subsection, the terms "business 1189 partner" or "municipality" may include more than one business or 1190 municipality to form a charter school-in-the-workplace or 1191 charter school-in-a-municipality. 1192 (18) (16)EXEMPTION FROM STATUTES.— 1193 (a) A charter school shall operate in accordance with its 1194 charter and shall be exempt from all statutes in chapters 1000 1195 1013. However, a charter school shall be in compliance with the 1196 following statutes in chapters 1000-1013: 1197 1. Those statutes specifically applying to charter schools, 1198 including this section. 1199 2. Those statutes pertaining to the student assessment 1200 program and school grading system. 1201 3. Those statutes pertaining to the provision of services 1202 to students with disabilities. 1203 4. Those statutes pertaining to civil rights, including s. 1204 1000.05, relating to discrimination. 1205 5. Those statutes pertaining to student health, safety, and 1206 welfare. 1207 (b) Additionally, a charter school shall be in compliance 1208 with the following statutes: 1209 1. Section 286.011, relating to public meetings and 1210 records, public inspection, and criminal and civil penalties. 1211 2. Chapter 119, relating to public records. 1212 3. Section 1003.03, relating to the maximum class size, 1213 except that the calculation for compliance pursuant to s. 1214 1003.03 shall be the average at the school level. 1215 (19) (17)FUNDING.—Students enrolled in a charter school, 1216 regardless of the sponsorship, shall be funded as if they are in 1217 a basic program or a special program, the same as students 1218 enrolled in other public schools in the school district. Funding 1219 for a charter lab school shall be as provided in s. 1002.32. 1220 (a) Each charter school shall report its student enrollment 1221 to the sponsor as required in s. 1011.62, and in accordance with 1222 the definitions in s. 1011.61. The sponsor shall include each 1223 charter school's enrollment in the district's report of student 1224 enrollment. All charter schools submitting student record 1225 information required by the Department of Education shall comply 1226 with the Department of Education's guidelines for electronic 1227 data formats for such data, and all districts shall accept 1228 electronic data that complies with the Department of Education's 1229 electronic format. 1230 (b) The basis for the agreement for funding students 1231 enrolled in a charter school shall be the sum of the school 1232 district's operating funds from the Florida Education Finance 1233 Program as provided in s. 1011.62 and the General Appropriations 1234 Act, including gross state and local funds, discretionary 1235 lottery funds, and funds from the school district's current 1236 operating discretionary millage levy; divided by total funded 1237 weighted full-time equivalent students in the school district; 1238 multiplied by the weighted full-time equivalent students for the 1239 charter school. Charter schools whose students or programs meet 1240 the eligibility criteria in law shall be entitled to their 1241 proportionate share of categorical program funds included in the 1242 total funds available in the Florida Education Finance Program 1243 by the Legislature, including transportation. Total funding for 1244 each charter school shall be recalculated during the year to 1245 reflect the revised calculations under the Florida Education 1246 Finance Program by the state and the actual weighted full-time 1247 equivalent students reported by the charter school during the 1248 full-time equivalent student survey periods designated by the 1249 Commissioner of Education. 1250 (c) If the district school board is providing programs or 1251 services to students funded by federal funds, any eligible 1252 students enrolled in charter schools in the school district 1253 shall be provided federal funds for the same level of service 1254 provided students in the schools operated by the district school 1255 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all 1256 charter schools shall receive all federal funding for which the 1257 school is otherwise eligible, including Title I funding, not 1258 later than 5 months after the charter school first opens and 1259 within 5 months after any subsequent expansion of enrollment. 1260 (d) Charter schools shall be included by the Department of 1261 Education and the district school board in requests for federal 1262 stimulus funds in the same manner as district school board 1263 operated public schools, including Title I and IDEA funds and 1264 shall be entitled to receive such funds. Charter schools are 1265 eligible to participate in federal competitive grants that are 1266 available as part of the federal stimulus funds. 1267 (e) District school boards shall make timely and efficient 1268 payment and reimbursement to charter schools, including 1269 processing paperwork required to access special state and 1270 federal funding for which they may be eligible. The district 1271 school board may distribute funds to a charter school for up to 1272 3 months based on the projected full-time equivalent student 1273 membership of the charter school. Thereafter, the results of 1274 full-time equivalent student membership surveys shall be used in 1275 adjusting the amount of funds distributed monthly to the charter 1276 school for the remainder of the fiscal year. The payment shall 1277 be issued no later than 10 working days after the district 1278 school board receives a distribution of state or federal funds. 1279 If a warrant for payment is not issued within 10 working days 1280 after receipt of funding by the district school board, the 1281 school district shall pay to the charter school, in addition to 1282 the amount of the scheduled disbursement, interest at a rate of 1283 1 percent per month calculated on a daily basis on the unpaid 1284 balance from the expiration of the 10 working days until such 1285 time as the warrant is issued. 1286 (20) BLENDED-LEARNING CHARTER SCHOOLS.— 1287 (a) As used in this section, the term "blended-learning 1288 charter school" means a school that combines traditional 1289 classroom and virtual instruction. 1290 (b) A blended-learning charter school does not have to 1291 apply to become an approved provider under s. 1002.45 and may 1292 provide online instruction only to students enrolled in the 1293 charter school. 1294 (c) Faculty authorized to provide online instruction for 1295 blended-learning courses must be employees of the charter school 1296 or contracted to provide instruction to the charter school 1297 students and must hold a current state or school district 1298 adjunct certification to teach in the subject area of a blended 1299 learning course. 1300 (d) For purposes of funding and performance accountability, 1301 blended-learning courses are considered the same as traditional 1302 courses. 1303 (21) (18)FACILITIES.— 1304 (a) A startup charter school shall utilize facilities which 1305 comply with the Florida Building Code pursuant to chapter 553 1306 except for the State Requirements for Educational Facilities. 1307 Conversion charter schools shall utilize facilities that comply 1308 with the State Requirements for Educational Facilities provided 1309 that the school district and the charter school have entered 1310 into a mutual management plan for the reasonable maintenance of 1311 such facilities. The mutual management plan shall contain a 1312 provision by which the district school board agrees to maintain 1313 charter school facilities in the same manner as its other public 1314 schools within the district. Charter schools, with the exception 1315 of conversion charter schools, are not required to comply, but 1316 may choose to comply, with the State Requirements for 1317 Educational Facilities of the Florida Building Code adopted 1318 pursuant to s. 1013.37. The local governing authority shall not 1319 adopt or impose local building requirements or restrictions that 1320 are more stringent than those found in the Florida Building 1321 Code. The agency having jurisdiction for inspection of a 1322 facility and issuance of a certificate of occupancy shall be the 1323 local municipality or, if in an unincorporated area, the county 1324 governing authority. 1325 (b) A charter school shall utilize facilities that comply 1326 with the Florida Fire Prevention Code, pursuant to s. 633.025, 1327 as adopted by the authority in whose jurisdiction the facility 1328 is located as provided in paragraph (a). 1329 (c) Any facility, or portion thereof, used to house a 1330 charter school whose charter has been approved by the sponsor 1331 and the governing board, pursuant to subsection (7), shall be 1332 exempt from ad valorem taxes pursuant to s. 196.1983. Library, 1333 community service, museum, performing arts, theatre, cinema, 1334 church, community college, college, and university facilities 1335 may provide space to charter schools within their facilities 1336 under their preexisting zoning and land use designations. 1337 (d) Charter school facilities are exempt from assessments 1338 of fees for building permits, except as provided in s. 553.80; 1339 fees for building and occupational licenses; impact fees or 1340 exactions; service availability fees; and assessments for 1341 special benefits. 1342 (e) If a district school board facility or property is 1343 available because it is surplus, marked for disposal, or 1344 otherwise unused, it shall be provided for a charter school's 1345 use on the same basis as it is made available to other public 1346 schools in the district. A charter school receiving property 1347 from the school district may not sell or dispose of such 1348 property without written permission of the school district. 1349 Similarly, for an existing public school converting to charter 1350 status, no rental or leasing fee for the existing facility or 1351 for the property normally inventoried to the conversion school 1352 may be charged by the district school board to the parents and 1353 teachers organizing the charter school. The charter school shall 1354 agree to reasonable maintenance provisions in order to maintain 1355 the facility in a manner similar to district school board 1356 standards. The Public Education Capital Outlay maintenance funds 1357 or any other maintenance funds generated by the facility 1358 operated as a conversion school shall remain with the conversion 1359 school. 1360 (f) To the extent that charter school facilities are 1361 specifically created to mitigate the educational impact created 1362 by the development of new residential dwelling units, pursuant 1363 to subparagraph (2)(c)4., some of or all of the educational 1364 impact fees required to be paid in connection with the new 1365 residential dwelling units may be designated instead for the 1366 construction of the charter school facilities that will mitigate 1367 the student station impact. Such facilities shall be built to 1368 the State Requirements for Educational Facilities and shall be 1369 owned by a public or nonprofit entity. The local school district 1370 retains the right to monitor and inspect such facilities to 1371 ensure compliance with the State Requirements for Educational 1372 Facilities. If a facility ceases to be used for public 1373 educational purposes, either the facility shall revert to the 1374 school district subject to any debt owed on the facility, or the 1375 owner of the facility shall have the option to refund all 1376 educational impact fees utilized for the facility to the school 1377 district. The district and the owner of the facility may 1378 contractually agree to another arrangement for the facilities if 1379 the facilities cease to be used for educational purposes. The 1380 owner of property planned or approved for new residential 1381 dwelling units and the entity levying educational impact fees 1382 shall enter into an agreement that designates the educational 1383 impact fees that will be allocated for the charter school 1384 student stations and that ensures the timely construction of the 1385 charter school student stations concurrent with the expected 1386 occupancy of the residential units. The application for use of 1387 educational impact fees shall include an approved charter school 1388 application. To assist the school district in forecasting 1389 student station needs, the entity levying the impact fees shall 1390 notify the affected district of any agreements it has approved 1391 for the purpose of mitigating student station impact from the 1392 new residential dwelling units. 1393 (g) Each school district shall annually provide to the 1394 Department of Education as part of its 5-year work plan the 1395 number of existing vacant classrooms in each school that the 1396 district does not intend to use or does not project will be 1397 needed for educational purposes for the following school year. 1398 The department may recommend that a district make such space 1399 available to an appropriate charter school. 1400 (22) (19)CAPITAL OUTLAY FUNDING.—Charter schools are 1401 eligible for capital outlay funds pursuant to s. 1013.62. 1402 Capital outlay funds authorized in ss. s.1011.71(2) and 1013.62 1403 which thathave been shared with a charter school-in-the 1404 workplace prior to July 1, 2010, are deemed to have met the 1405 authorized expenditure requirements for such funds. 1406 (23) (20)SERVICES.— 1407 (a)1. A sponsor shall provide certain administrative and 1408 educational services to charter schools. These services shall 1409 include contract management services; full-time equivalent and 1410 data reporting services; exceptional student education 1411 administration services; services related to eligibility and 1412 reporting duties required to ensure that school lunch services 1413 under the federal lunch program, consistent with the needs of 1414 the charter school, are provided by the school district at the 1415 request of the charter school, that any funds due to the charter 1416 school under the federal lunch program be paid to the charter 1417 school as soon as the charter school begins serving food under 1418 the federal lunch program, and that the charter school is paid 1419 at the same time and in the same manner under the federal lunch 1420 program as other public schools serviced by the sponsor or the 1421 school district; test administration services, including payment 1422 of the costs of state-required or district-required student 1423 assessments; processing of teacher certificate data services; 1424 and information services, including equal access to student 1425 information systems that are used by public schools in the 1426 district in which the charter school is located. Student 1427 performance data for each student in a charter school, 1428 including, but not limited to, FCAT scores, standardized test 1429 scores, previous public school student report cards, and student 1430 performance measures, shall be provided by the sponsor to a 1431 charter school in the same manner provided to other public 1432 schools in the district. 1433 2. A total administrative fee for the provision of such 1434 services shall be calculated based upon up to 5 percent of the 1435 available funds defined in paragraph (19)(b) (17)(b)for all 1436 students. However, a sponsor may only withhold up to a 5-percent 1437 administrative fee for enrollment for up to and including 250 1438 students. For charter schools with a population of 251 or more 1439 students, the difference between the total administrative fee 1440 calculation and the amount of the administrative fee withheld 1441 may only be used for capital outlay purposes specified in s. 1442 1013.62(2). 1443 3. In addition, a sponsor may withhold only up to a 5 1444 percent administrative fee for enrollment for up to and 1445 including 500 students within a system of charter schools which 1446 meets all of the following: 1447 a. Includes both conversion charter schools and 1448 nonconversion charter schools; 1449 b. Has all schools located in the same county; 1450 c. Has a total enrollment exceeding the total enrollment of 1451 at least one school district in the state; 1452 d. Has the same governing board; and 1453 e. Does not contract with a for-profit service provider for 1454 management of school operations. 1455 4. The difference between the total administrative fee 1456 calculation and the amount of the administrative fee withheld 1457 pursuant to subparagraph 3. may be used for instructional and 1458 administrative purposes as well as for capital outlay purposes 1459 specified in s. 1013.62(2). 1460 5. Each charter school shall receive 100 percent of the 1461 funds awarded to that school pursuant to s. 1012.225. Sponsors 1462 shall not charge charter schools any additional fees or 1463 surcharges for administrative and educational services in 1464 addition to the maximum 5-percent administrative fee withheld 1465 pursuant to this paragraph. 1466 (b) If goods and services are made available to the charter 1467 school through the contract with the school district, they shall 1468 be provided to the charter school at a rate no greater than the 1469 district's actual cost unless mutually agreed upon by the 1470 charter school and the sponsor in a contract negotiated 1471 separately from the charter. When mediation has failed to 1472 resolve disputes over contracted services or contractual matters 1473 not included in the charter, an appeal may be made for a dispute 1474 resolution hearing before the Charter School Appeal Commission. 1475 To maximize the use of state funds, school districts shall allow 1476 charter schools to participate in the sponsor's bulk purchasing 1477 program if applicable. 1478 (c) Transportation of charter school students shall be 1479 provided by the charter school consistent with the requirements 1480 of subpart I.E. of chapter 1006 and s. 1012.45. The governing 1481 body of the charter school may provide transportation through an 1482 agreement or contract with the district school board, a private 1483 provider, or parents. The charter school and the sponsor shall 1484 cooperate in making arrangements that ensure that transportation 1485 is not a barrier to equal access for all students residing 1486 within a reasonable distance of the charter school as determined 1487 in its charter. 1488 (24) (21)PUBLIC INFORMATION ON CHARTER SCHOOLS.— 1489 (a) The Department of Education shall provide information 1490 to the public, directly and through sponsors, on how to form and 1491 operate a charter school and how to enroll in a charter school 1492 once it is created. This information must shallinclude a 1493 standard application format, charter format, evaluation 1494 instrument, and charter renewal format, which must shallinclude 1495 the information specified in subsection (7) and shall be 1496 developed by consulting and negotiating with both school 1497 districts and charter schools before implementation. The charter 1498 and charter renewal formats shall be used by charter school 1499 sponsors. 1500 (b)1. The Department of Education shall report student 1501 assessment data pursuant to s. 1008.34(3)(c) which is reported 1502 to schools that receive a school grade or student assessment 1503 data pursuant to s. 1008.341(3) which is reported to alternative 1504 schools that receive a school improvement rating to each charter 1505 school that: 1506 a. Does not receive a school grade pursuant to s. 1008.34 1507 or a school improvement rating pursuant to s. 1008.341; and 1508 b. Serves at least 10 students who are tested on the 1509 statewide assessment test pursuant to s. 1008.22. 1510 2. The charter school shall report the information in 1511 subparagraph 1. to each parent of a student at the charter 1512 school, the parent of a child on a waiting list for the charter 1513 school, the district in which the charter school is located, and 1514 the governing board of the charter school. This paragraph does 1515 not abrogate the provisions of s. 1002.22, relating to student 1516 records, or the requirements of 20 U.S.C. s. 1232g, the Family 1517 Educational Rights and Privacy Act. 1518 3.a. Pursuant to this paragraph, the Department of 1519 Education shall compare the charter school student performance 1520 data for each charter school in subparagraph 1. with the student 1521 performance data in traditional public schools in the district 1522 in which the charter school is located and other charter schools 1523 in the state. For alternative charter schools, the department 1524 shall compare the student performance data described in this 1525 paragraph with all alternative schools in the state. The 1526 comparative data shall be provided by the following grade 1527 groupings: 1528 (I) Grades 3 through 5; 1529 (II) Grades 6 through 8; and 1530 (III) Grades 9 through 11. 1531 b. Each charter school shall provide the information 1532 specified in this paragraph on its Internet website and also 1533 provide notice to the public at large in a manner provided by 1534 the rules of the State Board of Education. The State Board of 1535 Education shall adopt rules to administer the notice 1536 requirements of this subparagraph pursuant to ss. 120.536(1) and 1537 120.54. The website shall include, through links or actual 1538 content, other information related to school performance. 1539 (22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.—1540 (a) The Department of Education shall staff and regularly1541 convene a Charter School Review Panel in order to review issues,1542 practices, and policies regarding charter schools. The1543 composition of the review panel shall include individuals with1544 experience in finance, administration, law, education, and1545 school governance, and individuals familiar with charter school1546 construction and operation. The panel shall include two1547 appointees each from the Commissioner of Education, the1548 President of the Senate, and the Speaker of the House of1549 Representatives. The Governor shall appoint three members of the1550 panel and shall designate the chair. Each member of the panel1551 shall serve a 1-year term, unless renewed by the office making1552 the appointment. The panel shall make recommendations to the1553 Legislature, to the Department of Education, to charter schools,1554 and to school districts for improving charter school operations1555 and oversight and for ensuring best business practices at and1556 fair business relationships with charter schools.1557 (b) The Legislature shall review the operation of charter1558 schools during the 2010 Regular Session of the Legislature.1559 (25) (23)ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon 1560 receipt of the annual report required by paragraph (9)(k), the 1561 Department of Education shall provide to the State Board of 1562 Education, the Commissioner of Education, the Governor, the 1563 President of the Senate, and the Speaker of the House of 1564 Representatives an analysis and comparison of the overall 1565 performance of charter school students, to include all students 1566 whose scores are counted as part of the statewide assessment 1567 program, versus comparable public school students in the 1568 district as determined by the statewide assessment program 1569 currently administered in the school district, and other 1570 assessments administered pursuant to s. 1008.22(3). 1571 (26) (24)RESTRICTION ON EMPLOYMENT OF RELATIVES.— 1572 (a) This subsection applies to charter school personnel in 1573 a charter school operated by a private entity. As used in this 1574 subsection, the term: 1575 1. "Charter school personnel" means a charter school owner, 1576 president, chairperson of the governing board of directors, 1577 superintendent, governing board member, principal, assistant 1578 principal, or any other person employed by the charter school 1579 who has equivalent decisionmaking authority and in whom is 1580 vested the authority, or to whom the authority has been 1581 delegated, to appoint, employ, promote, or advance individuals 1582 or to recommend individuals for appointment, employment, 1583 promotion, or advancement in connection with employment in a 1584 charter school, including the authority as a member of a 1585 governing body of a charter school to vote on the appointment, 1586 employment, promotion, or advancement of individuals. 1587 2. "Relative" means father, mother, son, daughter, brother, 1588 sister, uncle, aunt, first cousin, nephew, niece, husband, wife, 1589 father-in-law, mother-in-law, son-in-law, daughter-in-law, 1590 brother-in-law, sister-in-law, stepfather, stepmother, stepson, 1591 stepdaughter, stepbrother, stepsister, half brother, or half 1592 sister. 1593 (b) Charter school personnel may not appoint, employ, 1594 promote, or advance, or advocate for appointment, employment, 1595 promotion, or advancement, in or to a position in the charter 1596 school in which the personnel are serving or over which the 1597 personnel exercises jurisdiction or control any individual who 1598 is a relative. An individual may not be appointed, employed, 1599 promoted, or advanced in or to a position in a charter school if 1600 such appointment, employment, promotion, or advancement has been 1601 advocated by charter school personnel who serve in or exercise 1602 jurisdiction or control over the charter school and who is a 1603 relative of the individual or if such appointment, employment, 1604 promotion, or advancement is made by the governing board of 1605 which a relative of the individual is a member. 1606 (c) The approval of budgets does not constitute 1607 "jurisdiction or control" for the purposes of this subsection. 1608 1609 Charter school personnel in schools operated by a municipality 1610 or other public entity are subject to s. 112.3135. 1611 (27) (25)STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.— 1612 (a) A member of a governing board of a charter school, 1613 including a charter school operated by a private entity, is 1614 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3). 1615 (b) A member of a governing board of a charter school 1616 operated by a municipality or other public entity is subject to 1617 s. 112.3144, which relates to the disclosure of financial 1618 interests. 1619 (28) (26)RULEMAKING.— The Department of Education, after1620 consultation with school districts and charter school directors,1621 shall recommend that the State Board of Education adopt rules to1622 implement specific subsections of this section. Such rules shall1623 require minimum paperwork and shall not limit charter school1624 flexibility authorized by statute.The State Board of Education 1625 shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to 1626 implement this section, including a charter model application 1627 form, evaluation instrument, and charter and charter renewal 1628 formats in accordance with this section. 1629 Section 4. Paragraph (c) of subsection (10) and subsection 1630 (13) of section 1002.34, Florida Statutes, are amended to read: 1631 1002.34 Charter technical career centers.— 1632 (10) EXEMPTION FROM STATUTES.— 1633 (c) A center must comply with the antidiscrimination 1634 provisions in s. 1000.05 and the provisions in s. 1002.33(26) s.1635 1002.33 (24)which relate to the employment of relatives. 1636 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors 1637 of a center may decide matters relating to the operation of the 1638 school, including budgeting, curriculum, and operating 1639 procedures, subject to the center's charter. The board of 1640 directors is responsible for performing the duties provided in 1641 s. 1002.345, including monitoring the corrective action plan. 1642 The board of directors must comply with s. 1002.33(27) s.1643 1002.33 (25). 1644 Section 5. Section 1011.68, Florida Statutes, is amended to 1645 read: 1646 1011.68 Funds for student transportation.—The annual 1647 allocation to each district for transportation to public school 1648 programs, including charter schools as provided in s. 1649 1002.33(19)(b) s. 1002.33 (17)(b), of students in membership in 1650 kindergarten through grade 12 and in migrant and exceptional 1651 student programs below kindergarten shall be determined as 1652 follows: 1653 (1) Subject to the rules of the State Board of Education, 1654 each district shall determine the membership of students who are 1655 transported: 1656 (a) By reason of living 2 miles or more from school. 1657 (b) By reason of being students with disabilities or 1658 enrolled in a teenage parent program, regardless of distance to 1659 school. 1660 (c) By reason of being in a state prekindergarten program, 1661 regardless of distance from school. 1662 (d) By reason of being career, dual enrollment, or students 1663 with disabilities transported from one school center to another 1664 to participate in an instructional program or service; or 1665 students with disabilities, transported from one designation to 1666 another in the state, provided one designation is a school 1667 center and provided the student's individual educational plan 1668 (IEP) identifies the need for the instructional program or 1669 service and transportation to be provided by the school 1670 district. A "school center" is defined as a public school 1671 center, community college, state university, or other facility 1672 rented, leased, or owned and operated by the school district or 1673 another public agency. A "dual enrollment student" is defined as 1674 a public school student in membership in both a public secondary 1675 school program and a community college or a state university 1676 program under a written agreement to partially fulfill ss. 1677 1003.435 and 1007.23 and earning full-time equivalent membership 1678 under s. 1011.62(1)(i). 1679 (e) With respect to elementary school students whose grade 1680 level does not exceed grade 6, by reason of being subjected to 1681 hazardous walking conditions en route to or from school as 1682 provided in s. 1006.23. Such rules shall, when appropriate, 1683 provide for the determination of membership under this paragraph 1684 for less than 1 year to accommodate the needs of students who 1685 require transportation only until such hazardous conditions are 1686 corrected. 1687 (f) By reason of being a pregnant student or student 1688 parent, and the child of a student parent as provided in s. 1689 1003.54, regardless of distance from school. 1690 (2) The allocation for each district shall be calculated 1691 annually in accordance with the following formula: 1692 1693 T = B + EX. The elements of this formula are defined as 1694 follows: T is the total dollar allocation for transportation. B 1695 is the base transportation dollar allocation prorated by an 1696 adjusted student membership count. The adjusted membership count 1697 shall be derived from a multiplicative index function in which 1698 the base student membership is adjusted by multiplying it by 1699 index numbers that individually account for the impact of the 1700 price level index, average bus occupancy, and the extent of 1701 rural population in the district. EX is the base transportation 1702 dollar allocation for disabled students prorated by an adjusted 1703 disabled student membership count. The base transportation 1704 dollar allocation for disabled students is the total state base 1705 disabled student membership count weighted for increased costs 1706 associated with transporting disabled students and multiplying 1707 it by an average per student cost for transportation as 1708 determined by the Legislature. The adjusted disabled student 1709 membership count shall be derived from a multiplicative index 1710 function in which the weighted base disabled student membership 1711 is adjusted by multiplying it by index numbers that individually 1712 account for the impact of the price level index, average bus 1713 occupancy, and the extent of rural population in the district. 1714 Each adjustment factor shall be designed to affect the base 1715 allocation by no more or less than 10 percent. 1716 (3) The total allocation to each district for 1717 transportation of students shall be the sum of the amounts 1718 determined in subsection (2). If the funds appropriated for the 1719 purpose of implementing this section are not sufficient to pay 1720 the base transportation allocation and the base transportation 1721 allocation for disabled students, the Department of Education 1722 shall prorate the available funds on a percentage basis. If the 1723 funds appropriated for the purpose of implementing this section 1724 exceed the sum of the base transportation allocation and the 1725 base transportation allocation for disabled students, the base 1726 transportation allocation for disabled students shall be limited 1727 to the amount calculated in subsection (2), and the remaining 1728 balance shall be added to the base transportation allocation. 1729 (4) No district shall use funds to purchase transportation 1730 equipment and supplies at prices which exceed those determined 1731 by the department to be the lowest which can be obtained, as 1732 prescribed in s. 1006.27(1). 1733 (5) Funds allocated or apportioned for the payment of 1734 student transportation services may be used to pay for 1735 transportation of students to and from school on local general 1736 purpose transportation systems. Student transportation funds may 1737 also be used to pay for transportation of students to and from 1738 school in private passenger cars and boats when the 1739 transportation is for isolated students, or students with 1740 disabilities as defined by rule. Subject to the rules of the 1741 State Board of Education, each school district shall determine 1742 and report the number of assigned students using general purpose 1743 transportation private passenger cars and boats. The allocation 1744 per student must be equal to the allocation per student riding a 1745 school bus. 1746 (6) Notwithstanding other provisions of this section, in no 1747 case shall any student or students be counted for transportation 1748 funding more than once per day. This provision includes counting 1749 students for funding pursuant to trips in school buses, 1750 passenger cars, or boats or general purpose transportation. 1751 Section 6. Paragraph (b) of subsection (2) of section 1752 1012.32, Florida Statutes, is amended to read: 1753 1012.32 Qualifications of personnel.— 1754 (2) 1755 (b) Instructional and noninstructional personnel who are 1756 hired or contracted to fill positions in any charter school and 1757 members of the governing board of any charter school, in 1758 compliance with s. 1002.33(14)(f) s. 1002.33 (12)(g), must, upon 1759 employment, engagement of services, or appointment, undergo 1760 background screening as required under s. 1012.465 or s. 1761 1012.56, whichever is applicable, by filing with the district 1762 school board for the school district in which the charter school 1763 is located a complete set of fingerprints taken by an authorized 1764 law enforcement agency or an employee of the school or school 1765 district who is trained to take fingerprints. 1766 1767 Fingerprints shall be submitted to the Department of Law 1768 Enforcement for statewide criminal and juvenile records checks 1769 and to the Federal Bureau of Investigation for federal criminal 1770 records checks. A person subject to this subsection who is found 1771 ineligible for employment under s. 1012.315, or otherwise found 1772 through background screening to have been convicted of any crime 1773 involving moral turpitude as defined by rule of the State Board 1774 of Education, shall not be employed, engaged to provide 1775 services, or serve in any position that requires direct contact 1776 with students. Probationary persons subject to this subsection 1777 terminated because of their criminal record have the right to 1778 appeal such decisions. The cost of the background screening may 1779 be borne by the district school board, the charter school, the 1780 employee, the contractor, or a person subject to this 1781 subsection. 1782 Section 7. Paragraphs (a) and (e) of subsection (1) and 1783 subsection (2) of section 1013.62, Florida Statutes, are amended 1784 to read: 1785 1013.62 Charter schools capital outlay funding.— 1786 (1) In each year in which funds are appropriated for 1787 charter school capital outlay purposes, the Commissioner of 1788 Education shall allocate the funds among eligible charter 1789 schools. 1790 (a) To be eligible for a funding allocation, a charter 1791 school must: 1792 1.a. Have been in operation for 3 or more years; 1793 b. Be governed by a governing board established in the 1794 state for 3 or more years which operates both charter schools 1795 and conversion charter schools within the state; 1796 c. Be an expanded feeder chain of a charter school within 1797 the same school district that is currently receiving charter 1798 school capital outlay funds; 1799 d. Have been accredited by the Commission on Schools of the 1800 Southern Association of Colleges and Schools; or 1801 e. Serve students in facilities that are provided by a 1802 business partner for a charter school-in-the-workplace pursuant 1803 to s. 1002.33(17)(b) s. 1002.33 (15)(b). 1804 2. Have financial stability for future operation as a 1805 charter school. 1806 3. Have satisfactory student achievement based on state 1807 accountability standards applicable to the charter school. 1808 4. Have received final approval from its sponsor pursuant 1809 to s. 1002.33 for operation during that fiscal year. 1810 5. Serve students in facilities that are not provided by 1811 the charter school's sponsor. 1812 (e) Unless otherwise provided in the General Appropriations 1813 Act, the funding allocation for each eligible charter school is 1814 determined by multiplying the school's projected student 1815 enrollment by one-fifteenth of the cost-per-student station 1816 specified in s. 1013.64(6)(b) for an elementary, middle, or high 1817 school, as appropriate. If the funds appropriated are not 1818 sufficient, the commissioner shall prorate the available funds 1819 among eligible charter schools. However, a charter school or 1820 charter lab school may not receive state charter school capital 1821 outlay funds greater than the one-fifteenth cost per student 1822 station formula if the charter school's combination of state 1823 charter school capital outlay funds, capital outlay funds 1824 calculated through the reduction in the administrative fee 1825 provided in s. 1002.33(23) s. 1002.33 (20), and capital outlay 1826 funds allowed in s. 1002.32(9)(e) and (h) exceeds the one 1827 fifteenth cost per student station formula. 1828 (2) A charter school's governing body may use charter 1829 school capital outlay funds for the following purposes: 1830 (a) Purchase of real property. 1831 (b) Construction of school facilities. 1832 (c) Purchase, lease-purchase, or lease of permanent or 1833 relocatable school facilities. 1834 (d) Purchase of vehicles to transport students to and from 1835 the charter school. 1836 (e) Renovation, repair, and maintenance of school 1837 facilities that the charter school owns or is purchasing through 1838 a lease-purchase or long-term lease of 5 years or longer. 1839 (f) Effective July 1, 2008, purchase, lease-purchase, or 1840 lease of new and replacement equipment, and enterprise resource 1841 software applications that are classified as capital assets in 1842 accordance with definitions of the Governmental Accounting 1843 Standards Board, have a useful life of at least 5 years, and are 1844 used to support schoolwide administration or state-mandated 1845 reporting requirements. 1846 (g) Payment of the cost of premiums for property and 1847 casualty insurance necessary to insure the school facilities. 1848 (h) Purchase, lease-purchase, or lease of driver's 1849 education vehicles; motor vehicles used for the maintenance or 1850 operation of plants and equipment; security vehicles; or 1851 vehicles used in storing or distributing materials and 1852 equipment. 1853 1854 Conversion charter schools may use capital outlay funds received 1855 through the reduction in the administrative fee provided in s. 1856 1002.33(23) s. 1002.33 (20)for renovation, repair, and 1857 maintenance of school facilities that are owned by the sponsor. 1858 (3) When a charter school is nonrenewed or terminated, any 1859 unencumbered funds and all equipment and property purchased with 1860 district public funds shall revert to the ownership of the 1861 district school board, as provided for in s. 1002.33(8)(e) and 1862 (f). In the case of a charter lab school, any unencumbered funds 1863 and all equipment and property purchased with university public 1864 funds shall revert to the ownership of the state university that 1865 issued the charter. The reversion of such equipment, property, 1866 and furnishings shall focus on recoverable assets, but not on 1867 intangible or irrecoverable costs such as rental or leasing 1868 fees, normal maintenance, and limited renovations. The reversion 1869 of all property secured with public funds is subject to the 1870 complete satisfaction of all lawful liens or encumbrances. If 1871 there are additional local issues such as the shared use of 1872 facilities or partial ownership of facilities or property, these 1873 issues shall be agreed to in the charter contract prior to the 1874 expenditure of funds. 1875 Section 8. (1) The Office of Program Policy Analysis and 1876 Government Accountability (OPPAGA) shall conduct a study that 1877 compares the funding of charter schools to the funding of 1878 traditional public schools. In conducting this study, OPPAGA 1879 shall: 1880 (a) Identify the school districts that distribute funds 1881 generated by the capital improvement millage authorized pursuant 1882 to s. 1011.71(2), Florida Statutes, to charter schools and the 1883 use of such funds by the charter schools. 1884 (b) Determine the amount of funds that would be available 1885 to charter schools if school districts equitably distribute to 1886 district schools, including charter schools, the funds generated 1887 by the capital improvement millage authorized pursuant to s. 1888 1011.71(2), Florida Statutes. 1889 (c) Examine the costs associated with supervising charter 1890 schools and determine whether the 5 percent administrative fee 1891 for administrative and educational services for charter schools 1892 covers the costs associated with the provision of the services. 1893 (d) Examine the distribution of IDEA funds. 1894 (2) OPPAGA shall make recommendations, if warranted, for 1895 improving the accountability and equity of the funding system 1896 for charter schools based on the findings of the study. The 1897 results of the study shall be submitted to the Governor, the 1898 President of the Senate, and the Speaker of the House of 1899 Representatives by January 1, 2012. 1900 Section 9. If any provision of this act or its application 1901 to any person or circumstance is held invalid, the invalidity 1902 does not affect other provisions or applications of the act 1903 which can be given effect without the invalid provision or 1904 application, and to this end the provisions of this act are 1905 severable. 1906 Section 10. This act shall take effect July 1, 2011.