Bill Text: FL S1546 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School Choice
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-04 - In returning messages [S1546 Detail]
Download: Florida-2011-S1546-Comm_Sub.html
Bill Title: School Choice
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-04 - In returning messages [S1546 Detail]
Download: Florida-2011-S1546-Comm_Sub.html
Florida Senate - 2011 CS for SB 1546 By the Committee on Education Pre-K - 12; and Senator Thrasher 581-03424-11 20111546c1 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.; revising 5 provisions relating to the sponsoring entities of 6 charter schools; authorizing state universities and 7 colleges to approve charter school applications and 8 develop charter schools under certain circumstances; 9 requiring that the Department of Education provide or 10 arrange for training and technical assistance for 11 charter schools; providing for the designation of 12 charter schools as high-performing if certain 13 requirements are met; providing definitions relating 14 to the high-performing charter school system; revising 15 provisions to conform to changes made by the act; 16 amending ss. 1002.34, 1011.68, 1012.32, and 1013.62, 17 F.S.; conforming cross-references; creating the 18 College-Preparatory Boarding Academy Pilot Program for 19 dependent or at-risk students; providing a purpose for 20 the program; requiring that the State Board of 21 Education implement the program; providing 22 definitions; requiring that the state board select a 23 private nonprofit corporation to operate the academy 24 if certain qualifications are met; requiring that the 25 state board request proposals from private nonprofit 26 corporations; providing requirements for such 27 proposals; requiring that the state board enter into a 28 contract with the operator of the academy; requiring 29 that the contract contain specified requirements; 30 requiring that the operator adopt bylaws, subject to 31 approval by the state board; requiring that the 32 operator adopt an outreach program with the local 33 education agency or school district and community; 34 providing that the academy is a public school and part 35 of the state’s education program; providing program 36 funding guidelines; limiting the capacity of eligible 37 students attending the academy; requiring that 38 enrolled students remain under case management 39 services and the supervision of the lead agency; 40 authorizing the operator to appropriately bill 41 Medicaid for services rendered to eligible students or 42 earn federal or local funding for services provided; 43 providing for eligible students to be admitted by 44 lottery if the number of applicants exceeds the 45 allowed capacity; authorizing the operator to board 46 dependent, at-risk students; requiring that the state 47 board issue an annual report and adopt rules; 48 requiring that the Office of Program Policy Analysis 49 and Government Accountability conduct a study 50 comparing the funding of charter schools to the 51 funding of public schools; providing requirements for 52 the study; requiring that the office submit its 53 recommendations and findings to the Governor and 54 Legislature by a specified date; providing for 55 severability; providing an effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Paragraph (e) of subsection (13) of section 60 163.3180, Florida Statutes, is amended to read: 61 163.3180 Concurrency.— 62 (13) School concurrency shall be established on a 63 districtwide basis and shall include all public schools in the 64 district and all portions of the district, whether located in a 65 municipality or an unincorporated area unless exempt from the 66 public school facilities element pursuant to s. 163.3177(12). 67 The application of school concurrency to development shall be 68 based upon the adopted comprehensive plan, as amended. All local 69 governments within a county, except as provided in paragraph 70 (f), shall adopt and transmit to the state land planning agency 71 the necessary plan amendments, along with the interlocal 72 agreement, for a compliance review pursuant to s. 163.3184(7) 73 and (8). The minimum requirements for school concurrency are the 74 following: 75 (e) Availability standard.—Consistent with the public 76 welfare, a local government may not deny an application for site 77 plan, final subdivision approval, or the functional equivalent 78 for a development or phase of a development authorizing 79 residential development for failure to achieve and maintain the 80 level-of-service standard for public school capacity in a local 81 school concurrency management system where adequate school 82 facilities will be in place or under actual construction within 83 3 years after the issuance of final subdivision or site plan 84 approval, or the functional equivalent. School concurrency is 85 satisfied if the developer executes a legally binding commitment 86 to provide mitigation proportionate to the demand for public 87 school facilities to be created by actual development of the 88 property, including, but not limited to, the options described 89 in subparagraph 1. Options for proportionate-share mitigation of 90 impacts on public school facilities must be established in the 91 public school facilities element and the interlocal agreement 92 pursuant to s. 163.31777. 93 1. Appropriate mitigation options include the contribution 94 of land; the construction, expansion, or payment for land 95 acquisition or construction of a public school facility; the 96 construction of a charter school that complies with the 97 requirements of s. 1002.33(21)s.1002.33(18); or the creation 98 of mitigation banking based on the construction of a public 99 school facility in exchange for the right to sell capacity 100 credits. Such options must include execution by the applicant 101 and the local government of a development agreement that 102 constitutes a legally binding commitment to pay proportionate 103 share mitigation for the additional residential units approved 104 by the local government in a development order and actually 105 developed on the property, taking into account residential 106 density allowed on the property prior to the plan amendment that 107 increased the overall residential density. The district school 108 board must be a party to such an agreement. As a condition of 109 its entry into such a development agreement, the local 110 government may require the landowner to agree to continuing 111 renewal of the agreement upon its expiration. 112 2. If the education facilities plan and the public 113 educational facilities element authorize a contribution of land; 114 the construction, expansion, or payment for land acquisition; 115 the construction or expansion of a public school facility, or a 116 portion thereof; or the construction of a charter school that 117 complies with the requirements of s. 1002.33(21)s.1002.33(18), 118 as proportionate-share mitigation, the local government shall 119 credit such a contribution, construction, expansion, or payment 120 toward any other impact fee or exaction imposed by local 121 ordinance for the same need, on a dollar-for-dollar basis at 122 fair market value. 123 3. Any proportionate-share mitigation must be directed by 124 the school board toward a school capacity improvement identified 125 in a financially feasible 5-year district work plan that 126 satisfies the demands created by the development in accordance 127 with a binding developer’s agreement. 128 4. If a development is precluded from commencing because 129 there is inadequate classroom capacity to mitigate the impacts 130 of the development, the development may nevertheless commence if 131 there are accelerated facilities in an approved capital 132 improvement element scheduled for construction in year four or 133 later of such plan which, when built, will mitigate the proposed 134 development, or if such accelerated facilities will be in the 135 next annual update of the capital facilities element, the 136 developer enters into a binding, financially guaranteed 137 agreement with the school district to construct an accelerated 138 facility within the first 3 years of an approved capital 139 improvement plan, and the cost of the school facility is equal 140 to or greater than the development’s proportionate share. When 141 the completed school facility is conveyed to the school 142 district, the developer shall receive impact fee credits usable 143 within the zone where the facility is constructed or any 144 attendance zone contiguous with or adjacent to the zone where 145 the facility is constructed. 146 5. This paragraph does not limit the authority of a local 147 government to deny a development permit or its functional 148 equivalent pursuant to its home rule regulatory powers, except 149 as provided in this part. 150 Section 2. Paragraph (c) of subsection (9) of section 151 1002.32, Florida Statutes, is amended to read: 152 1002.32 Developmental research (laboratory) schools.— 153 (9) FUNDING.—Funding for a lab school, including a charter 154 lab school, shall be provided as follows: 155 (c) All operating funds provided under this section shall 156 be deposited in a Lab School Trust Fund and shall be expended 157 for the purposes of this section. The university assigned a lab 158 school shall be the fiscal agent for these funds, and all rules 159 of the university governing the budgeting and expenditure of 160 state funds shall apply to these funds unless otherwise provided 161 by law or rule of the State Board of Education. The university 162 board of trustees shall be the public employer of lab school 163 personnel for collective bargaining purposes for lab schools in 164 operation prior to the 2002-2003 fiscal year. Employees of 165 charter lab schools authorized prior to June 1, 2003, but not in 166 operation prior to the 2002-2003 fiscal year shall be employees 167 of the entity holding the charter and must comply with the 168 provisions of s. 1002.33(14)s.1002.33(12). 169 Section 3. Subsections (5) through (26) of section 1002.33, 170 Florida Statutes, are amended to read: 171 1002.33 Charter schools.— 172 (5) SPONSOR; DUTIES.— 173 (a) Sponsoring entities.— 174 1. A district school board may sponsor a charter school in 175 the county over which the district school board has 176 jurisdiction. 177 2. A state university may grant a charter to a lab school 178 created under s. 1002.32 and shall be considered to be the 179 school’s sponsor. Such school shall be considered a charter lab 180 school. 181 3. A state university may approve an application for a 182 charter school located in the state. A charter school that is 183 approved by a state university must enter into a charter 184 contract with the local school district pursuant to subsection 185 (7). 186 4. A state university may develop one or more of its own 187 charter schools, which must be operated by the state university. 188 These charter schools are exempt from contracting provisions 189 pursuant to subsection (7). State universities may not report 190 FTE for any students who receive FTE funding through the Florida 191 Education Finance Program. 192 5. A Florida College System institution may approve an 193 application for a charter school located within its designated 194 service area. A charter school that is approved by such an 195 institution must enter into a charter contract with the local 196 school district pursuant to subsection (7). 197 6. A Florida College System institution may develop a 198 charter school within its designated service area which may 199 serve kindergarten through grade 12 but must include a secondary 200 school that provides an option for students to receive an 201 associate degree upon high school graduation. These charter 202 schools must be operated by the institution and are exempt from 203 contracting provisions pursuant to subsection (7). A Florida 204 College System institution may not report FTE for any students 205 who receive FTE funding through the Florida Education Finance 206 Program. 207 (b) Sponsor duties.— 208 1.a. The sponsor shall monitor and review the charter 209 school in its progress toward the goals established in the 210 charter. 211 b. The sponsor shall monitor the revenues and expenditures 212 of the charter school and perform the duties provided in s. 213 1002.345. 214 c. The sponsor may approve a charter for a charter school 215 before the applicant has identified space, equipment, or 216 personnel, if the applicant indicates approval is necessary for 217 it to raise working funds. 218 d. The sponsor’s policies shall not apply to a charter 219 school unless mutually agreed to by both the sponsor and the 220 charter school. 221 e. The sponsor shall ensure that the charter is innovative 222 and consistent with the state education goals established by s. 223 1000.03(5). 224 f. The sponsor shall ensure that the charter school 225 participates in the state’s education accountability system. If 226 a charter school falls short of performance measures included in 227 the approved charter, the sponsor shall report such shortcomings 228 to the Department of Education. 229 g. The sponsor shall not be liable for civil damages under 230 state law for personal injury, property damage, or death 231 resulting from an act or omission of an officer, employee, 232 agent, or governing body of the charter school. 233 h. The sponsor shall not be liable for civil damages under 234 state law for any employment actions taken by an officer, 235 employee, agent, or governing body of the charter school. 236 i. The sponsor’s duties to monitor the charter school shall 237 not constitute the basis for a private cause of action. 238 j. The sponsor shall not impose additional reporting 239 requirements on a charter school without providing reasonable 240 and specific justification in writing to the charter school. 241 2. Immunity for the sponsor of a charter school under 242 subparagraph 1. applies only with respect to acts or omissions 243 not under the sponsor’s direct authority as described in this 244 section. 245 3. This paragraph does not waive a district school board’s 246 sovereign immunity. 247 4. A community college may work with the school district or 248 school districts in its designated service area to develop 249 charter schoolsthat offer secondary education. These charter 250 schools may serve students in kindergarten through grade 12 but 251 must include a secondary school and providemust includean 252 option for students to receive an associate degree upon high 253 school graduation. District school boards shall cooperate with 254 and assist the community college on the charter application. 255 Community college applications for charter schools are not 256 subject to the time deadlines outlined in subsection (6) and may 257 be approved by the district school board at any time during the 258 year. Community colleges may not report FTE for any students who 259 receive FTE funding through the Florida Education Finance 260 Program. 261 (6) APPLICATION PROCESS AND REVIEW.—Charter school 262 applications are subject to the following requirements: 263 (a) A person or entity wishing to open a charter school 264 shall prepare and submit an application on a model application 265 form prepared by the Department of Education which: 266 1. Demonstrates how the school will use the guiding 267 principles and meet the statutorily defined purpose of a charter 268 school. 269 2. Provides a detailed curriculum plan that illustrates how 270 students will be provided services to attain the Sunshine State 271 Standards. 272 3. Contains goals and objectives for improving student 273 learning and measuring that improvement. These goals and 274 objectives must indicate how much academic improvement students 275 are expected to show each year, how success will be evaluated, 276 and the specific results to be attained through instruction. 277 4. Describes the reading curriculum and differentiated 278 strategies that will be used for students reading at grade level 279 or higher and a separate curriculum and strategies for students 280 who are reading below grade level. A sponsor shall deny a 281 charter if the school does not propose a reading curriculum that 282 is consistent with effective teaching strategies that are 283 grounded in scientifically based reading research. 284 5. Contains an annual financial plan for each year 285 requested by the charter for operation of the school for up to 5 286 years. This plan must contain anticipated fund balances based on 287 revenue projections, a spending plan based on projected revenues 288 and expenses, and a description of controls that will safeguard 289 finances and projected enrollment trends. 290 6. Documents that the applicant has participated in the 291 training required in subparagraph (b)2.(f)2.A sponsor may 292 require an applicant to provide additional information as an 293 addendum to the charter school application described in this 294 paragraph. 295 (b)1. The Department of Education shall provide or arrange 296 for training and technical assistance to charter schools in 297 developing business plans and estimating costs and income. 298 Training and technical assistance shall address estimating 299 startup costs, projecting enrollment, and identifying the types 300 and amounts of state and federal financial assistance that the 301 charter school may be eligible to receive. The department may 302 provide other technical assistance to an applicant upon written 303 request. 304 2. A charter school applicant must participate in the 305 training provided by the Department of Education after approval 306 of an application, but at least 30 calendar days before the 307 first day of classes at the charter school. However, a sponsor 308 may require the charter school applicant to attend training 309 provided by the sponsor in lieu of the department’s training if 310 the sponsor’s training standards meet or exceed the standards 311 developed by the department. A sponsor may not require a charter 312 school applicant to attend its training within 30 calendar days 313 before the first day of classes at the charter school when it 314 requires the charter school to attend its training in lieu of 315 the department’s training. The training must include instruction 316 in accurate financial planning and good business practices. If 317 the applicant is a management company or a nonprofit 318 organization, the charter school principal and the chief 319 financial officer or his or her equivalent must also participate 320 in the training. However, a sponsor may not require a high 321 performing charter school or high-performing charter school 322 system applicant to participate in the training described in 323 this subparagraph more than once. 324 (c)(b)A sponsor shall receive and review all applications 325 for a charter school using an evaluation instrument developed by 326 the Department of Education. Beginning with the 2007-2008 school 327 year, a sponsor shall receive and consider charter school 328 applications received on or before August 1 of each calendar 329 year for charter schools to be opened at the beginning of the 330 school district’s next school year, or to be opened at a time 331 agreed to by the applicant and the sponsor. A sponsor may 332 receive applications later than this date if it chooses. A 333 sponsor may not charge an applicant for a charter any fee for 334 the processing or consideration of an application, and a sponsor 335 may not base its consideration or approval of an application 336 upon the promise of future payment of any kind. Before approving 337 or denying any application, the sponsor shall allow the 338 applicant at least 7 calendar days to make technical or 339 nonsubstantive corrections and clarifications, including, but 340 not limited to, grammatical, typographical, and like errors or 341 missing signatures, if such errors are identified by the sponsor 342 as cause to deny the application. 343 1. In order to facilitate an accurate budget projection 344 process, a sponsor shall be held harmless for FTE students who 345 are not included in the FTE projection due to approval of 346 charter school applications after the FTE projection deadline. 347 In a further effort to facilitate an accurate budget projection, 348 within 15 calendar days after receipt of a charter school 349 application, a sponsor shall report to the Department of 350 Education the name of the applicant entity, the proposed charter 351 school location, and its projected FTE. 352 2. In order to ensure fiscal responsibility, an application 353 for a charter school shall include a full accounting of expected 354 assets, a projection of expected sources and amounts of income, 355 including income derived from projected student enrollments and 356 from community support, and an expense projection that includes 357 full accounting of the costs of operation, including start-up 358 costs. 359 3. A sponsor shall by a majority vote approve or deny an 360 application no later than 60 calendar days after the application 361 is received, unless the sponsor and the applicant mutually agree 362 in writing to temporarily postpone the vote to a specific date, 363 at which time the sponsor shall by a majority vote approve or 364 deny the application. If the sponsor fails to act on the 365 application, an applicant may appeal to the State Board of 366 Education as provided in paragraph (d)paragraph (c). If an 367 application is denied, the sponsor shall, within 10 calendar 368 days after such denial, articulate in writing the specific 369 reasons, based upon good cause, supporting its denial of the 370 charter application and shall provide the letter of denial and 371 supporting documentation to the applicant and to the Department 372 of Education supporting those reasons. 373 4. For budget projection purposes, the sponsor shall report 374 to the Department of Education the approval or denial of a 375 charter application within 10 calendar days after such approval 376 or denial. In the event of approval, the report to the 377 Department of Education shall include the final projected FTE 378 for the approved charter school. 379 5. Upon approval of a charter application, the initial 380 startup shall commence with the beginning of the public school 381 calendar for the district in which the charter is granted unless 382 the sponsor allows a waiver of this subparagraph for good cause. 383 (d)(c)An applicant may appeal any denial of that 384 applicant’s application or failure to act on an application to 385 the State Board of Education no later than 30 calendar days 386 after receipt of the sponsor’s decision or failure to act and 387 shall notify the sponsor of its appeal. Any response of the 388 sponsor shall be submitted to the State Board of Education 389 within 30 calendar days after notification of the appeal. Upon 390 receipt of notification from the State Board of Education that a 391 charter school applicant is filing an appeal, the Commissioner 392 of Education shall convene a meeting of the Charter School 393 Appeal Commission to study and make recommendations to the State 394 Board of Education regarding its pending decision about the 395 appeal. The commission shall forward its recommendation to the 396 state board no later than 7 calendar days prior to the date on 397 which the appeal is to be heard. The State Board of Education 398 shall by majority vote accept or reject the decision of the 399 sponsor no later than 90 calendar days after an appeal is filed 400 in accordance with State Board of Education rule. The Charter 401 School Appeal Commission may reject an appeal submission for 402 failure to comply with procedural rules governing the appeals 403 process. The rejection shall describe the submission errors. The 404 appellant may have up to 15 calendar days from notice of 405 rejection to resubmit an appeal that meets requirements of State 406 Board of Education rule. An application for appeal submitted 407 subsequent to such rejection shall be considered timely if the 408 original appeal was filed within 30 calendar days after receipt 409 of notice of the specific reasons for the sponsor’s denial of 410 the charter application. The State Board of Education shall 411 remand the application to the sponsor with its written decision 412 that the sponsor approve or deny the application. The sponsor 413 shall implement the decision of the State Board of Education. 414 The decision of the State Board of Education is not subject to 415 the provisions of the Administrative Procedure Act, chapter 120. 416 (e)(d)The sponsor shall act upon the decision of the State 417 Board of Education within 30 calendar days after it is received. 418 The State Board of Education’s decision is a final action 419 subject to judicial review in the district court of appeal. 420 (f)(e)1. A Charter School Appeal Commission is established 421 to assist the commissioner and the State Board of Education with 422 a fair and impartial review of appeals by applicants whose 423 charter applications have been denied, whose charter contracts 424 have not been renewed, or whose charter contracts have been 425 terminated by their sponsors. 426 2. The Charter School Appeal Commission may receive copies 427 of the appeal documents forwarded to the State Board of 428 Education, review the documents, gather other applicable 429 information regarding the appeal, and make a written 430 recommendation to the commissioner. The recommendation must 431 state whether the appeal should be upheld or denied and include 432 the reasons for the recommendation being offered. The 433 commissioner shall forward the recommendation to the State Board 434 of Education no later than 7 calendar days prior to the date on 435 which the appeal is to be heard. The state board must consider 436 the commission’s recommendation in making its decision, but is 437 not bound by the recommendation. The decision of the Charter 438 School Appeal Commission is not subject to the provisions of the 439 Administrative Procedure Act, chapter 120. 440 3. The commissioner shall appoint the members of the 441 Charter School Appeal Commission. Members shall serve without 442 compensation but may be reimbursed for travel and per diem 443 expenses in conjunction with their service. One-half of the 444 members must represent currently operating charter schools, and 445 one-half of the members must represent sponsors. The 446 commissioner or a named designee shall chair the Charter School 447 Appeal Commission. 448 4. The chair shall convene meetings of the commission and 449 shall ensure that the written recommendations are completed and 450 forwarded in a timely manner. In cases where the commission 451 cannot reach a decision, the chair shall make the written 452 recommendation with justification, noting that the decision was 453 rendered by the chair. 454 5. Commission members shall thoroughly review the materials 455 presented to them from the appellant and the sponsor. The 456 commission may request information to clarify the documentation 457 presented to it. In the course of its review, the commission may 458 facilitate the postponement of an appeal in those cases where 459 additional time and communication may negate the need for a 460 formal appeal and both parties agree, in writing, to postpone 461 the appeal to the State Board of Education. A new date certain 462 for the appeal shall then be set based upon the rules and 463 procedures of the State Board of Education. Commission members 464 shall provide a written recommendation to the state board as to 465 whether the appeal should be upheld or denied. A fact-based 466 justification for the recommendation must be included. The chair 467 must ensure that the written recommendation is submitted to the 468 State Board of Education members no later than 7 calendar days 469 prior to the date on which the appeal is to be heard. Both 470 parties in the case shall also be provided a copy of the 471 recommendation. 472(f)1. The Department of Education shall offer or arrange473for training and technical assistance to charter school474applicants in developing business plans and estimating costs and475income. This assistance shall address estimating startup costs,476projecting enrollment, and identifying the types and amounts of477state and federal financial assistance the charter school may be478eligible to receive. The department may provide other technical479assistance to an applicant upon written request.4802. A charter school applicant must participate in the481training provided by the Department of Education before filing482an application. However, a sponsor may require the charter483school applicant to attend training provided by the sponsor in484lieu of the department’s training if the sponsor’s training485standards meet or exceed the standards developed by the486Department of Education. The training shall include instruction487in accurate financial planning and good business practices. If488the applicant is a management company or other nonprofit489organization, the charter school principal and the chief490financial officer or his or her equivalent must also participate491in the training.492 (g) In considering charter applications for a lab school, a 493 state university shall consult with the district school board of 494 the county in which the lab school is located. The decision of a 495 state university may be appealed pursuant to the procedure 496 established in this subsection. 497 (h) The terms and conditions for the operation of a charter 498 school shall be set forth by the sponsor and the applicant in a 499 written contractual agreement, called a charter. The sponsor 500 shall not impose unreasonable rules or regulations that violate 501 the intent of giving charter schools greater flexibility to meet 502 educational goals. The sponsor shall have 60 days to provide an 503 initial proposed charter contract to the charter school. The 504 applicant and the sponsor shall have 75 days thereafter to 505 negotiate and notice the charter contract for final approval by 506 the sponsor unless both parties agree to an extension. The 507 proposed charter contract shall be provided to the charter 508 school at least 7 calendar days beforeprior tothe date of the 509 meeting at which the charter is scheduled to be voted upon by 510 the sponsor. The Department of Education shall provide mediation 511 services for any dispute regarding this section subsequent to 512 the approval of a charter application and for any dispute 513 relating to the approved charter, except disputes regarding 514 charter school application denials. If the Commissioner of 515 Education determines that the dispute cannot be settled through 516 mediation, the dispute may be appealed to an administrative law 517 judge appointed by the Division of Administrative Hearings. The 518 administrative law judge may rule on issues of equitable 519 treatment of the charter school as a public school, whether 520 proposed provisions of the charter violate the intended 521 flexibility granted charter schools by statute, or on any other 522 matter regarding this section except a charter school 523 application denial, a charter termination, or a charter 524 nonrenewal and shall award the prevailing party reasonable 525 attorney’s fees and costs incurred to be paid by the losing 526 party. The costs of the administrative hearing shall be paid by 527 the party whom the administrative law judge rules against. 528 (7) CHARTER.—The major issues involving the operation of a 529 charter school shall be considered in advance and written into 530 the charter. The charter shall be signed by the governing body 531 of the charter school and the sponsor, following a public 532 hearing to ensure community input. 533 (a) The charter shall address and criteria for approval of 534 the charter shall be based on: 535 1. The school’s mission, the students to be served, and the 536 ages and grades to be included. 537 2. The focus of the curriculum, the instructional methods 538 to be used, any distinctive instructional techniques to be 539 employed, and identification and acquisition of appropriate 540 technologies needed to improve educational and administrative 541 performance which include a means for promoting safe, ethical, 542 and appropriate uses of technology which comply with legal and 543 professional standards. The charter shall ensure that reading is 544 a primary focus of the curriculum and that resources are 545 provided to identify and provide specialized instruction for 546 students who are reading below grade level. The curriculum and 547 instructional strategies for reading must be consistent with the 548 Sunshine State Standards and grounded in scientifically based 549 reading research. 550 3. The current incoming baseline standard of student 551 academic achievement, the outcomes to be achieved, and the 552 method of measurement that will be used. The criteria listed in 553 this subparagraph shall include a detailed description of: 554 a. How the baseline student academic achievement levels and 555 prior rates of academic progress will be established. 556 b. How these baseline rates will be compared to rates of 557 academic progress achieved by these same students while 558 attending the charter school. 559 c. To the extent possible, how these rates of progress will 560 be evaluated and compared with rates of progress of other 561 closely comparable student populations. 562 563 The district school board is required to provide academic 564 student performance data to charter schools for each of their 565 students coming from the district school system, as well as 566 rates of academic progress of comparable student populations in 567 the district school system. 568 4. The methods used to identify the educational strengths 569 and needs of students and how well educational goals and 570 performance standards are met by students attending the charter 571 school. The methods shall provide a means for the charter school 572 to ensure accountability to its constituents by analyzing 573 student performance data and by evaluating the effectiveness and 574 efficiency of its major educational programs. Students in 575 charter schools shall, at a minimum, participate in the 576 statewide assessment program created under s. 1008.22. 577 5. In secondary charter schools, a method for determining 578 that a student has satisfied the requirements for graduation in 579 s. 1003.428, s. 1003.429, or s. 1003.43. 580 6. A method for resolving conflicts between the governing 581 body of the charter school and the sponsor. 582 7. The admissions procedures and dismissal procedures, 583 including the school’s code of student conduct. 584 8. The ways by which the school will achieve a 585 racial/ethnic balance reflective of the community it serves or 586 within the racial/ethnic range of other public schools in the 587 same school district. 588 9. The financial and administrative management of the 589 school, including areasonabledemonstration of the professional 590 experience or competence of those individuals or organizations 591 applying to operate the charter school or those hired or 592 retained to perform such professional services and the 593 description of clearly delineated responsibilities and the 594 policies and practices needed to effectively manage the charter 595 school. A description of internal audit procedures and 596 establishment of controls to ensure that financial resources are 597 properly managed must be included. Both public sector and 598 private sector professional experience shall be equally valid in 599 such a consideration. 600 10. The asset and liability projections required in the 601 application which are incorporated into the charter and shall be 602 compared with information provided in the annual report of the 603 charter school. 604 11. A description of procedures that identify various risks 605 and provide for a comprehensive approach to reduce the impact of 606 losses; plans to ensure the safety and security of students and 607 staff; plans to identify, minimize, and protect others from 608 violent or disruptive student behavior; and the manner in which 609 the school will be insured, including whether or not the school 610 will be required to have liability insurance, and, if so, the 611 terms and conditions thereof and the amounts of coverage. 612 12. The term of the charter which shall provide for 613 cancellation of the charter if insufficient progress has been 614 made in attaining the student achievement objectives of the 615 charter and if it is not likely that such objectives can be 616 achieved before expiration of the charter. The initial term of a 617 charter shall be for4 or5 years, unless the charter meets the 618 requirements of a high-performing charter school system pursuant 619 to subsection (11).In order to facilitate access to long-term620financial resources for charter school construction,Charter 621 schoolsthat are operated by a municipality or other public622entity as provided by laware eligible for up to a 15-year 623 charter, subject to approval by the district school board. A 624 charter lab school is eligible for a charter for a term of up to 625 15 years.In addition, to facilitate access to long-term626financial resources for charter school construction, charter627schools that are operated by a private, not-for-profit, s.628501(c)(3) status corporation are eligible for up to a 15-year629charter, subject to approval by the district school board.Such 630 long-term charters remain subject to annual review and may be 631 terminated during the term of the charter, but only according to 632 the provisions set forth in subsection (8). 633 13. The facilities to be used and their location. 634 14. The qualifications to be required of the teachers and 635 the potential strategies used to recruit, hire, train, and 636 retain qualified staff to achieve best value. 637 15. The governance structure of the school, including the 638 status of the charter school as a public or private employer as 639 required in paragraph (14)(i)(12)(i). 640 16. A timetable for implementing the charter which 641 addresses the implementation of each element thereof and the 642 date by which the charter shall be awarded in order to meet this 643 timetable. 644 17. In the case of an existing public school that is being 645 converted to charter status, alternative arrangements for 646 current students who choose not to attend the charter school and 647 for current teachers who choose not to teach in the charter 648 school after conversion in accordance with the existing 649 collective bargaining agreement or district school board rule in 650 the absence of a collective bargaining agreement. However, 651 alternative arrangements shall not be required for current 652 teachers who choose not to teach in a charter lab school, except 653 as authorized by the employment policies of the state university 654 which grants the charter to the lab school. 655 18. Full disclosure of the identity of all relatives 656 employed by the charter school who are related to the charter 657 school owner, president, chairperson of the governing board of 658 directors, superintendent, governing board member, principal, 659 assistant principal, or any other person employed by the charter 660 school who has equivalent decisionmaking authority. For the 661 purpose of this subparagraph, the term “relative” means father, 662 mother, son, daughter, brother, sister, uncle, aunt, first 663 cousin, nephew, niece, husband, wife, father-in-law, mother-in 664 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 665 stepfather, stepmother, stepson, stepdaughter, stepbrother, 666 stepsister, half brother, or half sister. 667 (b)1. A charter may be renewed provided that a program 668 review demonstrates that the criteria in paragraph (a) have been 669 successfully accomplished and that none of the grounds for 670 nonrenewal established by paragraph (8)(a) has been documented. 671 In order to facilitate long-term financing for charter school 672 construction, charter schools operating for a minimum of 3 years 673 and demonstrating exemplary academic programming and fiscal 674 management are eligible for a 15-year charter renewal. Such 675 long-term charter is subject to annual review and may be 676 terminated during the term of the charter. 677 2. The 15-year charter renewal that may be granted pursuant 678 to subparagraph 1. shall be granted to a charter school that has 679 received a school grade of “A” or “B” pursuant to s. 1008.34 in 680 3 of the past 4 years and is not in a state of financial 681 emergency or deficit position as defined by this section. Such 682 long-term charter is subject to annual review and may be 683 terminated during the term of the charter pursuant to subsection 684 (8). 685 (c) A charter may be modified during its initial term or 686 any renewal term upon the recommendation of the sponsor or the 687 charter school governing board and the approval of both parties 688 to the agreement. 689 (d) The sponsor may not require that board members of the 690 charter school reside in the district in which the charter 691 school is located and shall allow charter school management 692 personnel to represent the charter school board if such 693 representation has been approved by the charter school board. 694 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 695 (a) The sponsor may choose not to renew or may terminate 696 the charter for any of the following grounds: 697 1. Failure to participate in the state’s education 698 accountability system created in s. 1008.31, as required in this 699 section, or failure to meet the requirements for student 700 performance stated in the charter. 701 2. Failure to meet generally accepted standards of fiscal 702 management. 703 3. Violation of law. 704 4. Other good cause shown. 705 (b) BeforeAt least 90 days prior torenewing or 706 terminating a charter, the sponsor shall notify the governing 707 body of the school of the proposed action in writing. The notice 708 shall state in reasonable detail the grounds for the proposed 709 action and stipulate that the school’s governing body may, 710 within 14 calendar days after receiving the notice, file a 711 request for aan informalhearing with the sponsor pursuant to 712 chapter 120before the sponsor. The matter shall proceed 713 pursuant to chapter 120.The sponsor shallconduct the informal714hearing within 30 calendar days after receiving a written715request.716 (c) The final order issued by the sponsor must include the 717 specific reasons for nonrenewal or termination of the charter 718 and shall be provided to the charter school governing body and 719 the Department of Education within 10 calendar days after the 720 final order is issued.If a charter is not renewed or is721terminated pursuant to paragraph (b), the sponsor shall, within72210 calendar days, articulate in writing the specific reasons for723its nonrenewal or termination of the charter and must provide724the letter of nonrenewal or termination and documentation725supporting the reasons to the charter school governing body, the726charter school principal, and the Department of Education.The 727 charter school’s governing body may, within 30 calendar days 728 after receiving the sponsor’s final orderwritten decision to729refuse to renew or to terminate the charter, appeal the decision 730 pursuant to the procedure established in subsection (6). 731 (d) A charter may be terminated immediately if the sponsor 732 determines that good cause has been shown or if the health, 733 safety, or welfare of the students is threatened. The sponsor’s 734 determination isnotsubject to the same process as set forth in 735 paragraphsan informal hearing under paragraph(b) and (c), with 736 the exception that the sponsor’s determination may take effect 737 immediately or at a subsequently identified timeor pursuant to738chapter 120. The sponsor shall notify in writing the charter 739 school’s governing body, the charter school principal, and the 740 department if a charter is immediately terminated as soon as 741 reasonably possible. The sponsor shall clearly identify the 742 specific issues that resulted in the immediate termination and 743 provide evidence of prior notification of issues resulting in 744 the immediate termination when appropriate. The charter school’s 745 governing board has 10 days to request a hearing pursuant to s. 746 120.569. The hearing in such cases shall be expedited, and the 747 final order shall be issued no more than 45 days after the date 748 upon which the hearing is requested.The school district in749which the charter school is located shall assume operation of750the school under these circumstances.The charter school’s 751 governing board may, within 30 days after receiving the 752 sponsor’s decision to terminate the charter, appeal the decision 753 pursuant to the procedure established in subsection (6). The 754 sponsor shall assume and continue operation of the school 755 pending appeal to the State Board of Education under subsection 756 (6), unless the continued operation of the school would 757 materially threaten the physical health, safety, or welfare of 758 the students. A sponsor that fails to assume and to continue 759 operation of the charter school is liable for attorney’s fees 760 and costs to the charter school if the charter school prevails 761 on appeal to the State Board of Education. 762 (e) When a charter is not renewed or is terminated, the 763 school shall be dissolved under the provisions of law under 764 which the school was organized, and any unencumbered public 765 funds, except for capital outlay funds and federal charter 766 school program grant funds, from the charter school shall revert 767 to the sponsor. Capital outlay funds provided pursuant to s. 768 1013.62 and federal charter school program grant funds that are 769 unencumbered shall revert to the department to be redistributed 770 among eligible charter schools. In the event a charter school is 771 dissolved or is otherwise terminated, all district school board 772 property and improvements, furnishings, and equipment purchased 773 with public funds shall automatically revert to full ownership 774 by the district school board, subject to complete satisfaction 775 of any lawful liens or encumbrances. Any unencumbered public 776 funds from the charter school, district school board property 777 and improvements, furnishings, and equipment purchased with 778 public funds, or financial or other records pertaining to the 779 charter school, in the possession of any person, entity, or 780 holding company, other than the charter school, shall be held in 781 trust upon the district school board’s request, until any appeal 782 status is resolved. 783 (f) If a charter is not renewed or is terminated, the 784 charter school is responsible for all debts of the charter 785 school. The district may not assume the debt from any contract 786 made between the governing body of the school and a third party, 787 except for a debt that is previously detailed and agreed upon in 788 writing by both the district and the governing body of the 789 school and that may not reasonably be assumed to have been 790 satisfied by the district. 791 (g) If a charter is not renewed or is terminated, a student 792 who attended the school may apply to, and shall be enrolled in, 793 another public school. Normal application deadlines shall be 794 disregarded under such circumstances. 795 (9) CHARTER SCHOOL REQUIREMENTS.— 796 (a) A charter school shall be nonsectarian in its programs, 797 admission policies, employment practices, and operations. 798 (b) A charter school shall admit students as provided in 799 subsection (12)(10). 800 (c) A charter school shall be accountable to its sponsor 801 for performance as provided in subsection (7). 802 (d) A charter school mayshallnot charge tuition or 803 registration fees, except those fees normally charged by other 804 public schools. However, a charter lab school may charge a 805 student activity and service fee as authorized by s. 1002.32(5). 806 (e) A charter school shall meet all applicable state and 807 local health, safety, and civil rights requirements. 808 (f) A charter school mayshallnot violate the 809 antidiscrimination provisions of s. 1000.05. 810 (g) In order to provide financial information that is 811 comparable to that reported for other public schools, charter 812 schools are to maintain all financial records that constitute 813 their accounting system: 814 1. In accordance with the accounts and codes prescribed in 815 the most recent issuance of the publication titled “Financial 816 and Program Cost Accounting and Reporting for Florida Schools”; 817 or 818 2. At the discretion of the charter school governing board, 819 a charter school may elect to follow generally accepted 820 accounting standards for not-for-profit organizations, but must 821 reformat this information for reporting according to this 822 paragraph. 823 824 Charter schools shall provide annual financial report and 825 program cost report information in the state-required formats 826 for inclusion in district reporting in compliance with s. 827 1011.60(1). Charter schools that are operated by a municipality 828 or are a component unit of a parent nonprofit organization may 829 use the accounting system of the municipality or the parent but 830 must reformat this information for reporting according to this 831 paragraph. A charter school shall provide a monthly financial 832 statement to the sponsor; however, if the charter school is 833 designated as a high-performing charter school under subsection 834 (10) or is part of a high-performing charter school system under 835 subsection (11), it shall provide a quarterly financial 836 statement. Themonthlyfinancial statement required under this 837 paragraph shall be in a form prescribed by the Department of 838 Education. 839 (h) The governing board of the charter school shall 840 annually adopt and maintain an operating budget. 841 (i) The governing body of the charter school shall exercise 842 continuing oversight over charter school operations. 843 (j) The governing body of the charter school shall be 844 responsible for: 845 1. Ensuring that the charter school has retained the 846 services of a certified public accountant or auditor for the 847 annual financial audit, pursuant to s. 1002.345(2), who shall 848 submit the report to the governing body. 849 2. Reviewing and approving the audit report, including 850 audit findings and recommendations for the financial recovery 851 plan. 852 3.a. Performing the duties in s. 1002.345, including 853 monitoring a corrective action plan. 854 b. Monitoring a financial recovery plan in order to ensure 855 compliance. 856 4. Participating in governance training approved by the 857 department which must include government in the sunshine, 858 conflicts of interest, ethics, and financial responsibility. 859 (k) The governing body of the charter school shall report 860 its progress annually to its sponsor, which shall forward the 861 report to the Commissioner of Education at the same time as 862 other annual school accountability reports. The Department of 863 Education shall develop a uniform, online annual accountability 864 report to be completed by charter schools. This report shall be 865 easy to utilize and contain demographic information, student 866 performance data, and financial accountability information. A 867 charter school shall not be required to provide information and 868 data that is duplicative and already in the possession of the 869 department. The Department of Education shall include in its 870 compilation a notation if a school failed to file its report by 871 the deadline established by the department. The report shall 872 include at least the following components: 873 1. Student achievement performance data, including the 874 information required for the annual school report and the 875 education accountability system governed by ss. 1008.31 and 876 1008.345. Charter schools are subject to the same accountability 877 requirements as other public schools, including reports of 878 student achievement information that links baseline student data 879 to the school’s performance projections identified in the 880 charter. The charter school shall identify reasons for any 881 difference between projected and actual student performance. 882 2. Financial status of the charter school which must 883 include revenues and expenditures at a level of detail that 884 allows for analysis of the charter school’s ability to meet 885 financial obligations and timely repayment of debt. 886 3. Documentation of the facilities in current use and any 887 planned facilities for use by the charter school for instruction 888 of students, administrative functions, or investment purposes. 889 4. Descriptive information about the charter school’s 890 personnel, including salary and benefit levels of charter school 891 employees, the proportion of instructional personnel who hold 892 professional or temporary certificates, and the proportion of 893 instructional personnel teaching in-field or out-of-field. 894 (l) A charter school shall not levy taxes or issue bonds 895 secured by tax revenues. 896 (m) A charter school shall provide instruction for at least 897 the number of days required by law for other public schools and 898 may provide instruction for additional days. 899 (n) The director and a representative of the governing body 900 of a charter school that has received a school grade of “D” 901 under s. 1008.34(2) shall appear before the sponsor or the 902 sponsor’s staff at least once a year to present information 903 concerning each contract component having noted deficiencies. 904 The sponsor shall communicate at the meeting, and in writing to 905 the director, the services provided to the school to help the 906 school address its deficiencies. 907 (o) Upon notification that a charter school receives a 908 school grade of “D” for 2 consecutive years or a school grade of 909 “F” under s. 1008.34(2), the charter school sponsor or the 910 sponsor’s staff shall require the director and a representative 911 of the governing body to submit to the sponsor for approval a 912 school improvement plan to raise student achievement and to 913 implement the plan. The sponsor has the authority to approve a 914 school improvement plan that the charter school will implement 915 in the following school year. The sponsor may also consider the 916 State Board of Education’s recommended action pursuant to s. 917 1008.33(1) as part of the school improvement plan. The 918 Department of Education shall offer technical assistance and 919 training to the charter school and its governing body and 920 establish guidelines for developing, submitting, and approving 921 such plans. 922 1. If the charter school fails to improve its student 923 performance from the year immediately prior to the 924 implementation of the school improvement plan, the sponsor shall 925 place the charter school on probation and shall require the 926 charter school governing body to take one of the following 927 corrective actions: 928 a. Contract for the educational services of the charter 929 school; 930 b. Reorganize the school at the end of the school year 931 under a new director or principal who is authorized to hire new 932 staff and implement a plan that addresses the causes of 933 inadequate progress; or 934 c. Reconstitute the charter school. 935 2. A charter school that is placed on probation shall 936 continue the corrective actions required under subparagraph 1. 937 until the charter school improves its student performance from 938 the year prior to the implementation of the school improvement 939 plan. 940 3. Notwithstanding any provision of this paragraph, the 941 sponsor may terminate the charter at any time pursuant to 942 subsection (8). 943 (p) The director and a representative of the governing body 944 of a graded charter school that has submitted a school 945 improvement plan or has been placed on probation under paragraph 946 (o) shall appear before the sponsor or the sponsor’s staff at 947 least once a year to present information regarding the 948 corrective strategies that are being implemented by the school 949 pursuant to the school improvement plan. The sponsor shall 950 communicate at the meeting, and in writing to the director, the 951 services provided to the school to help the school address its 952 deficiencies. 953 (10) HIGH-PERFORMING CHARTER SCHOOLS.— 954 (a) A charter school shall be designated as a high 955 performing charter school if: 956 1. During each of the previous 3 years the charter school: 957 a. Received a school grade of “A” or “B”; 958 b. Received an unqualified opinion on each financial audit 959 required under s. 218.39; and 960 c. Did not receive a financial audit that revealed one or 961 more of the conditions set forth in s. 218.503(1); however, the 962 condition is deemed met for a charter school-in-the-workplace if 963 there is a finding in an audit that the school has the monetary 964 resources available to cover any reported deficiency or that the 965 deficiency does not result in a deteriorating financial 966 condition pursuant to s. 1002.345(1)(a)3. 967 2. The charter school has been in operation for less than 3 968 years and is operated by a high-performing charter school system 969 pursuant to subsection (11). These charter schools may receive 970 capital outlay funds in their first year pursuant to s. 1013.62 971 and are not required to comply with s. 1013.62(1)(a)1.-3. 972 (b) If the charter school maintains compliance with s. 973 1002.33(18)(b)3., a high-performing charter school may: 974 1. Increase the school’s student enrollment once per year 975 by up to 25 percent more than the capacity authorized pursuant 976 to paragraph (12)(i). 977 2. Expand to any grade level within kindergarten through 978 grade 12, if not already serving such grades. 979 3. Offer voluntary prekindergarten education pursuant to 980 ss. 1002.51-1002.79. 981 (c) A high-performing charter school shall receive a 15 982 year charter renewal upon expiration of the current charter. 983 (d) The high-performing charter school designation shall be 984 removed if the charter school does not continue to meet the 985 requirements in paragraph (a). 986 (11) HIGH-PERFORMING CHARTER SCHOOL SYSTEM.— 987 (a)1. For purposes of this subsection, the term: 988 a. “Entity” means a municipality or other public entity as 989 authorized by law to operate a charter school; a private, not 990 for-profit, s. 501(c)(3) status corporation; or a private, for 991 profit corporation. 992 b. “High-performing charter school system” means an entity 993 that: 994 (I) Operates at least three high-performing charter schools 995 in this state; 996 (II) Has received a systemwide average grade of “A” or “B” 997 during the previous 3 years for all charter schools created or 998 started by the entity; 999 (III) Has not received a financial audit for any school 1000 created or started by the entity which reveals one or more of 1001 the conditions set forth in s. 218.503(1); and 1002 (IV) Has not received a school grade of “F” during any of 1003 the previous 2 years for any charter school operated by the 1004 entity in the state, except for a charter school taken over or 1005 managed by, but not created or started by, the entity, in which 1006 case the entity loses its high-performing designation if the 1007 charter school receives a school grade of “F” in 3 out of 5 1008 years. 1009 (b) A high-performing charter school system may apply to 1010 establish and operate a new charter school in any district in 1011 the state which will substantially replicate one or more of the 1012 provider’s existing high-performing charter schools. 1013 1. A local school district may deny a charter application 1014 from an operator of a high-performing charter school system only 1015 if good cause is shown that the operator fails to materially 1016 meet established charter school requirements pursuant to 1017 subsection (9). The charter applicant may appeal, as provided in 1018 subsection (6). The district is liable to the charter applicant 1019 for attorney’s fees and costs if the charter applicant prevails 1020 on appeal. The State Board of Education may additionally 1021 sanction the district with any penalties under s. 1008.32(4) if 1022 the state board determines that the district has a pattern of 1023 unlawfully denying a high-performing charter system from 1024 replicating a high-performing charter school. 1025 2. The new charter school shall receive an initial charter 1026 for a term of 15 years, shall be designated as a high-performing 1027 charter school for the first 3 years of the charter, and shall 1028 receive charter school capital outlay funds under s. 1013.62. 1029 The school is not required to comply with s. 1013.62(1)(a)1.-3., 1030 but must comply with any other requirements in s. 1013.62 to 1031 receive charter school capital outlay funds as provided in this 1032 subparagraph. 1033 3. The designation as a high-performing charter school 1034 system shall be removed if the system does not continue to meet 1035 the requirements in paragraph (a). 1036 1037 This paragraph does not waive a district school board’s 1038 sovereign immunity. 1039 (12)(10)ELIGIBLE STUDENTS.— 1040 (a) A charter school shall be open to any student covered 1041 in an interdistrict agreement or residing in the school district 1042 in which the charter school is located; however, in the case of 1043 a charter lab school, the charter lab school shall be open to 1044 any student eligible to attend the lab school as provided in s. 1045 1002.32 or who resides in the school district in which the 1046 charter lab school is located. Any eligible student shall be 1047 allowed interdistrict transfer to attend a charter school when 1048 based on good cause. Good cause shall include, but is not 1049 limited to, geographic proximity to a charter school in a 1050 neighboring school district. 1051 (b) The charter school shall enroll an eligible student who 1052 submits a timely application, unless the number of applications 1053 exceeds the capacity of a program, class, grade level, or 1054 building. In such case, all applicants shall have an equal 1055 chance of being admitted through a random selection process. 1056 (c) When a public school converts to charter status, 1057 enrollment preference shall be given to students who would have 1058 otherwise attended that public school. The district school board 1059 shall consult and negotiate with the conversion charter school 1060 every 3 years to determine whether realignment of the conversion 1061 charter school’s attendance zone is appropriate in order to 1062 ensure that students residing closest to the charter school are 1063 provided with an enrollment preference. 1064 (d) A charter school may give enrollment preference to the 1065 following student populations: 1066 1. Students who are siblings of a student enrolled in the 1067 charter school. 1068 2. Students who are the children of a member of the 1069 governing board of the charter school. 1070 3. Students who are the children of an employee of the 1071 charter school. 1072 4. Students who are the children of: 1073 a. An employee of a business partner, or a resident of a 1074 municipality, who complies with paragraph (17)(b) for a charter 1075 school-in-the-workplace; or 1076 b. A resident of a municipality that operates a charter 1077 school-in-a-municipality pursuant to paragraph (17)(c). 1078 5. Students enrolling in a charter school-in-the-workplace 1079 or charter school-in-a-municipality established pursuant to this 1080 section. 1081 (e) A charter school may limit the enrollment process only 1082 to target the following student populations: 1083 1. Students within specific age groups or grade levels. 1084 2. Students considered at risk of dropping out of school or 1085 academic failure. Such students shall include exceptional 1086 education students. 1087 3. Students enrolling in a charter school-in-the-workplace 1088 or charter school-in-a-municipality established pursuant to 1089 subsection (17)(15). 1090 4. Students residing within a reasonable distance of the 1091 charter school, as described in paragraph (23)(c)(20)(c). Such 1092 students areshall besubject to a random lottery and to the 1093 racial/ethnic balance provisions described in subparagraph 1094 (7)(a)8. or any federal provisions that require a school to 1095 achieve a racial/ethnic balance reflective of the community it 1096 serves or within the racial/ethnic range of other public schools 1097 in the same school district. 1098 5. Students who meet reasonable academic, artistic, or 1099 other eligibility standards established by the charter school 1100 and included in the charter school application and charter or, 1101 in the case of existing charter schools, standards that are 1102 consistent with the school’s mission and purpose. Such standards 1103 shall be in accordance with current state law and practice in 1104 public schools and may not discriminate against otherwise 1105 qualified individuals. 1106 6. Students articulating from one charter school to another 1107 pursuant to an articulation agreement between the charter 1108 schools that has been approved by the sponsor. 1109 (f) Students with disabilities and students served in 1110 English for Speakers of Other Languages programs shall have an 1111 equal opportunity of being selected for enrollment in a charter 1112 school. 1113 (g) A student may withdraw from a charter school at any 1114 time and enroll in another public school as determined by 1115 district school board rule. 1116 (h) The capacity of the charter school shall be determined 1117 annually by the governing board, in conjunction with the 1118 sponsor, of the charter school in consideration of the factors 1119 identified in this subsection unless the charter school is 1120 designated as a high-performing charter school under subsection 1121 (10). A sponsor may not require a charter school to waive the 1122 provisions in paragraph (10)(b) or require a student enrollment 1123 cap that prohibits a high-performing charter school from 1124 increasing enrollment in accordance with paragraph (10)(b) as a 1125 condition of approval or renewal of a charter. 1126 (i) The capacity of a high-performing charter school 1127 pursuant to subsection (10) shall be determined annually by the 1128 governing board of the charter school. The governing board shall 1129 notify the sponsor of any increase in enrollment by March 1 of 1130 the school year preceding the increase. 1131 (13)(11)PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR 1132 ACTIVITIES.—A charter school student is eligible to participate 1133 in an interscholastic extracurricular activity at the public 1134 school to which the student would be otherwise assigned to 1135 attend pursuant to s. 1006.15(3)(d). 1136 (14)(12)EMPLOYEES OF CHARTER SCHOOLS.— 1137 (a) A charter school shall select its own employees. A 1138 charter school may contract with its sponsor for the services of 1139 personnel employed by the sponsor. 1140 (b) Charter school employees shall have the option to 1141 bargain collectively. Employees may collectively bargain as a 1142 separate unit or as part of the existing district collective 1143 bargaining unit as determined by the structure of the charter 1144 school. 1145 (c) The employees of a conversion charter school shall 1146 remain public employees for all purposes, unless such employees 1147 choose not to do so. 1148 (d) The teachers at a charter school may choose to be part 1149 of a professional group that subcontracts with the charter 1150 school to operate the instructional program under the auspices 1151 of a partnership or cooperative that they collectively own. 1152 Under this arrangement, the teachers would not be public 1153 employees. 1154 (e) Employees of a school district may take leave to accept 1155 employment in a charter school upon the approval of the district 1156 school board. While employed by the charter school and on leave 1157 that is approved by the district school board, the employee may 1158 retain seniority accrued in that school district and may 1159 continue to be covered by the benefit programs of that school 1160 district, if the charter school and the district school board 1161 agree to this arrangement and its financing. School districts 1162 mayshallnot require resignations from instructional personnel, 1163 school administrators, or educational support employees who 1164 desire employmentof teachers desiring to teachin a charter 1165 school. This paragraph doesshallnot prohibit a district school 1166 board from approving alternative leave arrangements consistent 1167 with chapter 1012. 1168 (f) Teachers employed by or under contract to a charter 1169 school shall be certified as required by chapter 1012. A charter 1170 school governing board may employ or contract with skilled 1171 selected noncertified personnel to provide instructional 1172 services or to assist instructional staff members as education 1173 paraprofessionals in the same manner as defined in chapter 1012, 1174 and as provided by State Board of Education rule for charter 1175 school governing boards. A charter school may not knowingly 1176 employ an individual to provide instructional services or to 1177 serve as an education paraprofessional if the individual’s 1178 certification or licensure as an educator is suspended or 1179 revoked by this or any other state. A charter school may not 1180 knowingly employ an individual who has resigned from a school 1181 district in lieu of disciplinary action with respect to child 1182 welfare or safety, or who has been dismissed for just cause by 1183 any school district with respect to child welfare or safety. The 1184 qualifications of teachers shall be disclosed to parents. 1185 (g)1. A charter school shall employ or contract with 1186 employees who have undergone background screening as provided in 1187 s. 1012.32. Members of the governing board of the charter school 1188 shall also undergo background screening in a manner similar to 1189 that provided in s. 1012.32. 1190 2. A charter school shall disqualify instructional 1191 personnel and school administrators, as defined in s. 1012.01, 1192 from employment in any position that requires direct contact 1193 with students if the personnel or administrators are ineligible 1194 for such employment under s. 1012.315. 1195 3. The governing board of a charter school shall adopt 1196 policies establishing standards of ethical conduct for 1197 instructional personnel and school administrators. The policies 1198 must require all instructional personnel and school 1199 administrators, as defined in s. 1012.01, to complete training 1200 on the standards; establish the duty of instructional personnel 1201 and school administrators to report, and procedures for 1202 reporting, alleged misconduct by other instructional personnel 1203 and school administrators which affects the health, safety, or 1204 welfare of a student; and include an explanation of the 1205 liability protections provided under ss. 39.203 and 768.095. A 1206 charter school, or any of its employees, may not enter into a 1207 confidentiality agreement regarding terminated or dismissed 1208 instructional personnel or school administrators, or personnel 1209 or administrators who resign in lieu of termination, based in 1210 whole or in part on misconduct that affects the health, safety, 1211 or welfare of a student, and may not provide instructional 1212 personnel or school administrators with employment references or 1213 discuss the personnel’s or administrators’ performance with 1214 prospective employers in another educational setting, without 1215 disclosing the personnel’s or administrators’ misconduct. Any 1216 part of an agreement or contract that has the purpose or effect 1217 of concealing misconduct by instructional personnel or school 1218 administrators which affects the health, safety, or welfare of a 1219 student is void, is contrary to public policy, and may not be 1220 enforced. 1221 4. Before employing instructional personnel or school 1222 administrators in any position that requires direct contact with 1223 students, a charter school shall conduct employment history 1224 checks of each of the personnel’s or administrators’ previous 1225 employers, screen the instructional personnel or school 1226 administrators through use of the educator screening tools 1227 described in s. 1001.10(5), and document the findings. If unable 1228 to contact a previous employer, the charter school must document 1229 efforts to contact the employer. 1230 5. The sponsor of a charter school that knowingly fails to 1231 comply with this paragraph shall terminate the charter under 1232 subsection (8). 1233 (h) For the purposes of tort liability, the governing body 1234 and employees of a charter school shall be governed by s. 1235 768.28. 1236 (i) A charter school shall organize as, or be operated by, 1237 a nonprofit organization. A charter school may be operated by a 1238 municipality or other public entity as provided for by law. As 1239 such, the charter school may be either a private or a public 1240 employer. As a public employer, a charter school may participate 1241 in the Florida Retirement System upon application and approval 1242 as a “covered group” under s. 121.021(34). If a charter school 1243 participates in the Florida Retirement System, the charter 1244 school employees shall be compulsory members of the Florida 1245 Retirement System. As either a private or a public employer, a 1246 charter school may contract for services with an individual or 1247 group of individuals who are organized as a partnership or a 1248 cooperative. Individuals or groups of individuals who contract 1249 their services to the charter school are not public employees. 1250 (15)(13)CHARTER SCHOOL COOPERATIVES.—Charter schools may 1251 enter into cooperative agreements to form charter school 1252 cooperative organizations that may provide the following 1253 services: charter school planning and development, direct 1254 instructional services, and contracts with charter school 1255 governing boards to provide personnel administrative services, 1256 payroll services, human resource management, evaluation and 1257 assessment services, teacher preparation, and professional 1258 development. 1259 (16)(14)CHARTER SCHOOL FINANCIAL ARRANGEMENTS; 1260 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR 1261 TAXING POWER NOT TO BE PLEDGED.—Any arrangement entered into to 1262 borrow or otherwise secure funds for a charter school authorized 1263 in this section from a source other than the state or a school 1264 district shall indemnify the state and the school district from 1265 any and all liability, including, but not limited to, financial 1266 responsibility for the payment of the principal or interest. Any 1267 loans, bonds, or other financial agreements are not obligations 1268 of the state or the school district but are obligations of the 1269 charter school authority and are payable solely from the sources 1270 of funds pledged by such agreement. The credit or taxing power 1271 of the state or the school district shall not be pledged and no 1272 debts shall be payable out of any moneys except those of the 1273 legal entity in possession of a valid charter approved by a 1274 district school board pursuant to this section. 1275 (17)(15)CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS 1276 IN-A-MUNICIPALITY.— 1277 (a) In order to increase business partnerships in 1278 education, to reduce school and classroom overcrowding 1279 throughout the state, and to offset the high costs for 1280 educational facilities construction, the Legislature intends to 1281 encourage the formation of business partnership schools or 1282 satellite learning centers and municipal-operated schools 1283 through charter school status. 1284 (b) A charter school-in-the-workplace may be established 1285 when a business partner provides the school facility to be used; 1286 enrolls students based upon a random lottery that involves all 1287 of the children of employees of that business or corporation or 1288 residents of that municipality who are seeking enrollment, as 1289 provided for in subsection (12)(10); and enrolls students 1290 according to the racial/ethnic balance provisions described in 1291 subparagraph (7)(a)8. A municipality may be a business partner 1292 notwithstanding paragraph (c). Any portion of a facility used 1293 for a public charter school shall be exempt from ad valorem 1294 taxes, as provided for in s. 1013.54, for the duration of its 1295 use as a public school. 1296 (c) A charter school-in-a-municipality designation may be 1297 granted to a municipality that possesses a charter; enrolls 1298 students based upon a random lottery that involves all of the 1299 children of the residents of that municipality who are seeking 1300 enrollment, as provided for in subsection (12)(10); and enrolls 1301 students according to the racial/ethnic balance provisions 1302 described in subparagraph (7)(a)8. When a municipality has 1303 submitted charter applications for the establishment of a 1304 charter school feeder pattern, consisting of elementary, middle, 1305 and senior high schools, and each individual charter application 1306 is approved by the district school board, such schools shall 1307 then be designated as one charter school for all purposes listed 1308 pursuant to this section. Any portion of the land and facility 1309 used for a public charter school shall be exempt from ad valorem 1310 taxes, as provided for in s. 1013.54, for the duration of its 1311 use as a public school. 1312 (d) As used in this subsection, the terms “business 1313 partner” or “municipality” may include more than one business or 1314 municipality to form a charter school-in-the-workplace or 1315 charter school-in-a-municipality. 1316 (18)(16)EXEMPTION FROM STATUTES.— 1317 (a) A charter school shall operate in accordance with its 1318 charter and shall be exempt from all statutes in chapters 1000 1319 1013. However, a charter school shall be in compliance with the 1320 following statutes in chapters 1000-1013: 1321 1. Those statutes specifically applying to charter schools, 1322 including this section. 1323 2. Those statutes pertaining to the student assessment 1324 program and school grading system. 1325 3. Those statutes pertaining to the provision of services 1326 to students with disabilities. 1327 4. Those statutes pertaining to civil rights, including s. 1328 1000.05, relating to discrimination. 1329 5. Those statutes pertaining to student health, safety, and 1330 welfare. 1331 (b) Additionally, a charter school shall be in compliance 1332 with the following statutes: 1333 1. Section 286.011, relating to public meetings and 1334 records, public inspection, and criminal and civil penalties. 1335 2. Chapter 119, relating to public records. 1336 3. Section 1003.03, relating to the maximum class size, 1337 except that the calculation for compliance pursuant to s. 1338 1003.03 shall be the average at the school level. 1339 (19)(17)FUNDING.—Students enrolled in a charter school, 1340 regardless of the sponsorship, shall be funded as if they are in 1341 a basic program or a special program, the same as students 1342 enrolled in other public schools in the school district. Funding 1343 for a charter lab school shall be as provided in s. 1002.32. 1344 (a) Each charter school shall report its student enrollment 1345 to the sponsor as required in s. 1011.62, and in accordance with 1346 the definitions in s. 1011.61. The sponsor shall include each 1347 charter school’s enrollment in the district’s report of student 1348 enrollment. All charter schools submitting student record 1349 information required by the Department of Education shall comply 1350 with the Department of Education’s guidelines for electronic 1351 data formats for such data, and all districts shall accept 1352 electronic data that complies with the Department of Education’s 1353 electronic format. 1354 (b) The basis for the agreement for funding students 1355 enrolled in a charter school shall be the sum of the school 1356 district’s operating funds from the Florida Education Finance 1357 Program as provided in s. 1011.62 and the General Appropriations 1358 Act, including gross state and local funds, discretionary 1359 lottery funds, and funds from the school district’s current 1360 operating discretionary millage levy; divided by total funded 1361 weighted full-time equivalent students in the school district; 1362 multiplied by the weighted full-time equivalent students for the 1363 charter school. Charter schools whose students or programs meet 1364 the eligibility criteria in law shall be entitled to their 1365 proportionate share of categorical program funds included in the 1366 total funds available in the Florida Education Finance Program 1367 by the Legislature, including transportation. Total funding for 1368 each charter school shall be recalculated during the year to 1369 reflect the revised calculations under the Florida Education 1370 Finance Program by the state and the actual weighted full-time 1371 equivalent students reported by the charter school during the 1372 full-time equivalent student survey periods designated by the 1373 Commissioner of Education. 1374 (c) If the district school board is providing programs or 1375 services to students funded by federal funds, any eligible 1376 students enrolled in charter schools in the school district 1377 shall be provided federal funds for the same level of service 1378 provided students in the schools operated by the district school 1379 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all 1380 charter schools shall receive all federal funding for which the 1381 school is otherwise eligible, including Title I funding, not 1382 later than 5 months after the charter school first opens and 1383 within 5 months after any subsequent expansion of enrollment. 1384 (d) Charter schools shall be included by the Department of 1385 Education and the district school board in requests for federal 1386 stimulus funds in the same manner as district school board 1387 operated public schools, including Title I and IDEA funds and 1388 shall be entitled to receive such funds. Charter schools are 1389 eligible to participate in federal competitive grants that are 1390 available as part of the federal stimulus funds. 1391 (e) District school boards shall make timely and efficient 1392 payment and reimbursement to charter schools, including 1393 processing paperwork required to access special state and 1394 federal funding for which they may be eligible. The district 1395 school board may distribute funds to a charter school for up to 1396 3 months based on the projected full-time equivalent student 1397 membership of the charter school. Thereafter, the results of 1398 full-time equivalent student membership surveys shall be used in 1399 adjusting the amount of funds distributed monthly to the charter 1400 school for the remainder of the fiscal year. The payment shall 1401 be issued no later than 10 working days after the district 1402 school board receives a distribution of state or federal funds. 1403 If a warrant for payment is not issued within 10 working days 1404 after receipt of funding by the district school board, the 1405 school district shall pay to the charter school, in addition to 1406 the amount of the scheduled disbursement, interest at a rate of 1407 1 percent per month calculated on a daily basis on the unpaid 1408 balance from the expiration of the 10 working days until such 1409 time as the warrant is issued. 1410 (20) BLENDED-LEARNING CHARTER SCHOOLS.— 1411 (a) As used in this section, the term “blended-learning 1412 charter school” means a school that combines traditional 1413 classroom and virtual instruction. 1414 (b) A blended-learning charter school does not have to 1415 apply to become an approved provider under s. 1002.45 and may 1416 provide online instruction only to students enrolled in the 1417 charter school. 1418 (c) Faculty authorized to provide online instruction for 1419 blended-learning courses must be employees of the charter school 1420 or contracted to provide instruction to the charter school 1421 students and must hold a current state or school district 1422 adjunct certification to teach in the subject area of a blended 1423 learning course. 1424 (d) For purposes of funding and performance accountability, 1425 blended-learning courses are considered the same as traditional 1426 courses. 1427 (21)(18)FACILITIES.— 1428 (a) A startup charter school shall utilize facilities which 1429 comply with the Florida Building Code pursuant to chapter 553 1430 except for the State Requirements for Educational Facilities. 1431 Conversion charter schools shall utilize facilities that comply 1432 with the State Requirements for Educational Facilities provided 1433 that the school district and the charter school have entered 1434 into a mutual management plan for the reasonable maintenance of 1435 such facilities. The mutual management plan shall contain a 1436 provision by which the district school board agrees to maintain 1437 charter school facilities in the same manner as its other public 1438 schools within the district. Charter schools, with the exception 1439 of conversion charter schools, are not required to comply, but 1440 may choose to comply, with the State Requirements for 1441 Educational Facilities of the Florida Building Code adopted 1442 pursuant to s. 1013.37. The local governing authority shall not 1443 adopt or impose local building requirements or restrictions that 1444 are more stringent than those found in the Florida Building 1445 Code. The agency having jurisdiction for inspection of a 1446 facility and issuance of a certificate of occupancy shall be the 1447 local municipality or, if in an unincorporated area, the county 1448 governing authority. 1449 (b) A charter school shall utilize facilities that comply 1450 with the Florida Fire Prevention Code, pursuant to s. 633.025, 1451 as adopted by the authority in whose jurisdiction the facility 1452 is located as provided in paragraph (a). 1453 (c) Any facility, or portion thereof, used to house a 1454 charter school whose charter has been approved by the sponsor 1455 and the governing board, pursuant to subsection (7), shall be 1456 exempt from ad valorem taxes pursuant to s. 196.1983. Library, 1457 community service, museum, performing arts, theatre, cinema, 1458 church, community college, college, and university facilities 1459 may provide space to charter schools within their facilities 1460 under their preexisting zoning and land use designations. 1461 (d) Charter school facilities are exempt from assessments 1462 of fees for building permits, except as provided in s. 553.80; 1463 fees for building and occupational licenses; impact fees or 1464 exactions; service availability fees; and assessments for 1465 special benefits. 1466 (e) If a district school board facility or property is 1467 available because it is surplus, marked for disposal, or 1468 otherwise unused, it shall be provided for a charter school’s 1469 use on the same basis as it is made available to other public 1470 schools in the district. A charter school receiving property 1471 from the school district may not sell or dispose of such 1472 property without written permission of the school district. 1473 Similarly, for an existing public school converting to charter 1474 status, no rental or leasing fee for the existing facility or 1475 for the property normally inventoried to the conversion school 1476 may be charged by the district school board to the parents and 1477 teachers organizing the charter school. The charter school shall 1478 agree to reasonable maintenance provisions in order to maintain 1479 the facility in a manner similar to district school board 1480 standards. The Public Education Capital Outlay maintenance funds 1481 or any other maintenance funds generated by the facility 1482 operated as a conversion school shall remain with the conversion 1483 school. 1484 (f) To the extent that charter school facilities are 1485 specifically created to mitigate the educational impact created 1486 by the development of new residential dwelling units, pursuant 1487 to subparagraph (2)(c)4., some of or all of the educational 1488 impact fees required to be paid in connection with the new 1489 residential dwelling units may be designated instead for the 1490 construction of the charter school facilities that will mitigate 1491 the student station impact. Such facilities shall be built to 1492 the State Requirements for Educational Facilities and shall be 1493 owned by a public or nonprofit entity. The local school district 1494 retains the right to monitor and inspect such facilities to 1495 ensure compliance with the State Requirements for Educational 1496 Facilities. If a facility ceases to be used for public 1497 educational purposes, either the facility shall revert to the 1498 school district subject to any debt owed on the facility, or the 1499 owner of the facility shall have the option to refund all 1500 educational impact fees utilized for the facility to the school 1501 district. The district and the owner of the facility may 1502 contractually agree to another arrangement for the facilities if 1503 the facilities cease to be used for educational purposes. The 1504 owner of property planned or approved for new residential 1505 dwelling units and the entity levying educational impact fees 1506 shall enter into an agreement that designates the educational 1507 impact fees that will be allocated for the charter school 1508 student stations and that ensures the timely construction of the 1509 charter school student stations concurrent with the expected 1510 occupancy of the residential units. The application for use of 1511 educational impact fees shall include an approved charter school 1512 application. To assist the school district in forecasting 1513 student station needs, the entity levying the impact fees shall 1514 notify the affected district of any agreements it has approved 1515 for the purpose of mitigating student station impact from the 1516 new residential dwelling units. 1517 (g) Each school district shall annually provide to the 1518 Department of Education as part of its 5-year work plan the 1519 number of existing vacant classrooms in each school that the 1520 district does not intend to use or does not project will be 1521 needed for educational purposes for the following school year. 1522 The department may recommend that a district make such space 1523 available to an appropriate charter school. 1524 (22)(19)CAPITAL OUTLAY FUNDING.—Charter schools are 1525 eligible for capital outlay funds pursuant to s. 1013.62. 1526 Capital outlay funds authorized in ss.s.1011.71(2) and 1013.62 1527 whichthathave been shared with a charter school-in-the 1528 workplace prior to July 1, 2010, are deemed to have met the 1529 authorized expenditure requirements for such funds. 1530 (23)(20)SERVICES.— 1531 (a)1. A sponsor shall provide certain administrative and 1532 educational services to charter schools. These services shall 1533 include contract management services; full-time equivalent and 1534 data reporting services; exceptional student education 1535 administration services; services related to eligibility and 1536 reporting duties required to ensure that school lunch services 1537 under the federal lunch program, consistent with the needs of 1538 the charter school, are provided by the school district at the 1539 request of the charter school, that any funds due to the charter 1540 school under the federal lunch program be paid to the charter 1541 school as soon as the charter school begins serving food under 1542 the federal lunch program, and that the charter school is paid 1543 at the same time and in the same manner under the federal lunch 1544 program as other public schools serviced by the sponsor or the 1545 school district; test administration services, including payment 1546 of the costs of state-required or district-required student 1547 assessments; processing of teacher certificate data services; 1548 and information services, including equal access to student 1549 information systems that are used by public schools in the 1550 district in which the charter school is located. Student 1551 performance data for each student in a charter school, 1552 including, but not limited to, FCAT scores, standardized test 1553 scores, previous public school student report cards, and student 1554 performance measures, shall be provided by the sponsor to a 1555 charter school in the same manner provided to other public 1556 schools in the district. 1557 2. A total administrative fee for the provision of such 1558 services shall be calculated based upon up to 5 percent of the 1559 available funds defined in paragraph (19)(b)(17)(b)for all 1560 students. However, a sponsor may only withhold up to a 5-percent 1561 administrative fee for enrollment for up to and including 250 1562 students. For charter schools with a population of 251 or more 1563 students, the difference between the total administrative fee 1564 calculation and the amount of the administrative fee withheld 1565 may only be used for capital outlay purposes specified in s. 1566 1013.62(2). 1567 3. In addition, a sponsor may withhold only up to a 5 1568 percent administrative fee for enrollment for up to and 1569 including 500 students within a system of charter schools which 1570 meets all of the following: 1571 a. Includes both conversion charter schools and 1572 nonconversion charter schools; 1573 b. Has all schools located in the same county; 1574 c. Has a total enrollment exceeding the total enrollment of 1575 at least one school district in the state; 1576 d. Has the same governing board; and 1577 e. Does not contract with a for-profit service provider for 1578 management of school operations. 1579 4. The difference between the total administrative fee 1580 calculation and the amount of the administrative fee withheld 1581 pursuant to subparagraph 3. may be used for instructional and 1582 administrative purposes as well as for capital outlay purposes 1583 specified in s. 1013.62(2). 1584 5. Each charter school shall receive 100 percent of the 1585 funds awarded to that school pursuant to s. 1012.225. Sponsors 1586 shall not charge charter schools any additional fees or 1587 surcharges for administrative and educational services in 1588 addition to the maximum 5-percent administrative fee withheld 1589 pursuant to this paragraph. 1590 (b) If goods and services are made available to the charter 1591 school through the contract with the school district, they shall 1592 be provided to the charter school at a rate no greater than the 1593 district’s actual cost unless mutually agreed upon by the 1594 charter school and the sponsor in a contract negotiated 1595 separately from the charter. When mediation has failed to 1596 resolve disputes over contracted services or contractual matters 1597 not included in the charter, an appeal may be made for a dispute 1598 resolution hearing before the Charter School Appeal Commission. 1599 To maximize the use of state funds, school districts shall allow 1600 charter schools to participate in the sponsor’s bulk purchasing 1601 program if applicable. 1602 (c) Transportation of charter school students shall be 1603 provided by the charter school consistent with the requirements 1604 of subpart I.E. of chapter 1006 and s. 1012.45. The governing 1605 body of the charter school may provide transportation through an 1606 agreement or contract with the district school board, a private 1607 provider, or parents. The charter school and the sponsor shall 1608 cooperate in making arrangements that ensure that transportation 1609 is not a barrier to equal access for all students residing 1610 within a reasonable distance of the charter school as determined 1611 in its charter. 1612 (24)(21)PUBLIC INFORMATION ON CHARTER SCHOOLS.— 1613 (a) The Department of Education shall provide information 1614 to the public, directly and through sponsors, on how to form and 1615 operate a charter school and how to enroll in a charter school 1616 once it is created. This information mustshallinclude a 1617 standard application format, charter format, evaluation 1618 instrument, and charter renewal format, which mustshallinclude 1619 the information specified in subsection (7) and shall be 1620 developed by consulting and negotiating with both school 1621 districts and charter schools before implementation. The charter 1622 and charter renewal formats shall be used by charter school 1623 sponsors. 1624 (b)1. The Department of Education shall report student 1625 assessment data pursuant to s. 1008.34(3)(c) which is reported 1626 to schools that receive a school grade or student assessment 1627 data pursuant to s. 1008.341(3) which is reported to alternative 1628 schools that receive a school improvement rating to each charter 1629 school that: 1630 a. Does not receive a school grade pursuant to s. 1008.34 1631 or a school improvement rating pursuant to s. 1008.341; and 1632 b. Serves at least 10 students who are tested on the 1633 statewide assessment test pursuant to s. 1008.22. 1634 2. The charter school shall report the information in 1635 subparagraph 1. to each parent of a student at the charter 1636 school, the parent of a child on a waiting list for the charter 1637 school, the district in which the charter school is located, and 1638 the governing board of the charter school. This paragraph does 1639 not abrogate the provisions of s. 1002.22, relating to student 1640 records, or the requirements of 20 U.S.C. s. 1232g, the Family 1641 Educational Rights and Privacy Act. 1642 3.a. Pursuant to this paragraph, the Department of 1643 Education shall compare the charter school student performance 1644 data for each charter school in subparagraph 1. with the student 1645 performance data in traditional public schools in the district 1646 in which the charter school is located and other charter schools 1647 in the state. For alternative charter schools, the department 1648 shall compare the student performance data described in this 1649 paragraph with all alternative schools in the state. The 1650 comparative data shall be provided by the following grade 1651 groupings: 1652 (I) Grades 3 through 5; 1653 (II) Grades 6 through 8; and 1654 (III) Grades 9 through 11. 1655 b. Each charter school shall provide the information 1656 specified in this paragraph on its Internet website and also 1657 provide notice to the public at large in a manner provided by 1658 the rules of the State Board of Education. The State Board of 1659 Education shall adopt rules to administer the notice 1660 requirements of this subparagraph pursuant to ss. 120.536(1) and 1661 120.54. The website shall include, through links or actual 1662 content, other information related to school performance. 1663(22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.—1664(a) The Department of Education shall staff and regularly1665convene a Charter School Review Panel in order to review issues,1666practices, and policies regarding charter schools. The1667composition of the review panel shall include individuals with1668experience in finance, administration, law, education, and1669school governance, and individuals familiar with charter school1670construction and operation. The panel shall include two1671appointees each from the Commissioner of Education, the1672President of the Senate, and the Speaker of the House of1673Representatives. The Governor shall appoint three members of the1674panel and shall designate the chair. Each member of the panel1675shall serve a 1-year term, unless renewed by the office making1676the appointment. The panel shall make recommendations to the1677Legislature, to the Department of Education, to charter schools,1678and to school districts for improving charter school operations1679and oversight and for ensuring best business practices at and1680fair business relationships with charter schools.1681(b) The Legislature shall review the operation of charter1682schools during the 2010 Regular Session of the Legislature.1683 (25)(23)ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon 1684 receipt of the annual report required by paragraph (9)(k), the 1685 Department of Education shall provide to the State Board of 1686 Education, the Commissioner of Education, the Governor, the 1687 President of the Senate, and the Speaker of the House of 1688 Representatives an analysis and comparison of the overall 1689 performance of charter school students, to include all students 1690 whose scores are counted as part of the statewide assessment 1691 program, versus comparable public school students in the 1692 district as determined by the statewide assessment program 1693 currently administered in the school district, and other 1694 assessments administered pursuant to s. 1008.22(3). 1695 (26)(24)RESTRICTION ON EMPLOYMENT OF RELATIVES.— 1696 (a) This subsection applies to charter school personnel in 1697 a charter school operated by a private entity. As used in this 1698 subsection, the term: 1699 1. “Charter school personnel” means a charter school owner, 1700 president, chairperson of the governing board of directors, 1701 superintendent, governing board member, principal, assistant 1702 principal, or any other person employed by the charter school 1703 who has equivalent decisionmaking authority and in whom is 1704 vested the authority, or to whom the authority has been 1705 delegated, to appoint, employ, promote, or advance individuals 1706 or to recommend individuals for appointment, employment, 1707 promotion, or advancement in connection with employment in a 1708 charter school, including the authority as a member of a 1709 governing body of a charter school to vote on the appointment, 1710 employment, promotion, or advancement of individuals. 1711 2. “Relative” means father, mother, son, daughter, brother, 1712 sister, uncle, aunt, first cousin, nephew, niece, husband, wife, 1713 father-in-law, mother-in-law, son-in-law, daughter-in-law, 1714 brother-in-law, sister-in-law, stepfather, stepmother, stepson, 1715 stepdaughter, stepbrother, stepsister, half brother, or half 1716 sister. 1717 (b) Charter school personnel may not appoint, employ, 1718 promote, or advance, or advocate for appointment, employment, 1719 promotion, or advancement, in or to a position in the charter 1720 school in which the personnel are serving or over which the 1721 personnel exercises jurisdiction or control any individual who 1722 is a relative. An individual may not be appointed, employed, 1723 promoted, or advanced in or to a position in a charter school if 1724 such appointment, employment, promotion, or advancement has been 1725 advocated by charter school personnel who serve in or exercise 1726 jurisdiction or control over the charter school and who is a 1727 relative of the individual or if such appointment, employment, 1728 promotion, or advancement is made by the governing board of 1729 which a relative of the individual is a member. 1730 (c) The approval of budgets does not constitute 1731 “jurisdiction or control” for the purposes of this subsection. 1732 1733 Charter school personnel in schools operated by a municipality 1734 or other public entity are subject to s. 112.3135. 1735 (27)(25)STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.— 1736 (a) A member of a governing board of a charter school, 1737 including a charter school operated by a private entity, is 1738 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3). 1739 (b) A member of a governing board of a charter school 1740 operated by a municipality or other public entity is subject to 1741 s. 112.3144, which relates to the disclosure of financial 1742 interests. 1743 (28)(26)RULEMAKING.—The Department of Education, after1744consultation with school districts and charter school directors,1745shall recommend that the State Board of Education adopt rules to1746implement specific subsections of this section. Such rules shall1747require minimum paperwork and shall not limit charter school1748flexibility authorized by statute.The State Board of Education 1749 shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to 1750 implement this section, including a charter model application 1751 form, evaluation instrument, and charter and charter renewal 1752 formatsin accordance with this section. 1753 Section 4. Paragraph (c) of subsection (10) and subsection 1754 (13) of section 1002.34, Florida Statutes, are amended to read: 1755 1002.34 Charter technical career centers.— 1756 (10) EXEMPTION FROM STATUTES.— 1757 (c) A center must comply with the antidiscrimination 1758 provisions in s. 1000.05 and the provisions in s. 1002.33(26)s.17591002.33(24)which relate to the employment of relatives. 1760 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors 1761 of a center may decide matters relating to the operation of the 1762 school, including budgeting, curriculum, and operating 1763 procedures, subject to the center’s charter. The board of 1764 directors is responsible for performing the duties provided in 1765 s. 1002.345, including monitoring the corrective action plan. 1766 The board of directors must comply with s. 1002.33(27)s.17671002.33(25). 1768 Section 5. Section 1011.68, Florida Statutes, is amended to 1769 read: 1770 1011.68 Funds for student transportation.—The annual 1771 allocation to each district for transportation to public school 1772 programs, including charter schools as provided in s. 1773 1002.33(19)(b)s.1002.33(17)(b), of students in membership in 1774 kindergarten through grade 12 and in migrant and exceptional 1775 student programs below kindergarten shall be determined as 1776 follows: 1777 (1) Subject to the rules of the State Board of Education, 1778 each district shall determine the membership of students who are 1779 transported: 1780 (a) By reason of living 2 miles or more from school. 1781 (b) By reason of being students with disabilities or 1782 enrolled in a teenage parent program, regardless of distance to 1783 school. 1784 (c) By reason of being in a state prekindergarten program, 1785 regardless of distance from school. 1786 (d) By reason of being career, dual enrollment, or students 1787 with disabilities transported from one school center to another 1788 to participate in an instructional program or service; or 1789 students with disabilities, transported from one designation to 1790 another in the state, provided one designation is a school 1791 center and provided the student’s individual educational plan 1792 (IEP) identifies the need for the instructional program or 1793 service and transportation to be provided by the school 1794 district. A “school center” is defined as a public school 1795 center, community college, state university, or other facility 1796 rented, leased, or owned and operated by the school district or 1797 another public agency. A “dual enrollment student” is defined as 1798 a public school student in membership in both a public secondary 1799 school program and a community college or a state university 1800 program under a written agreement to partially fulfill ss. 1801 1003.435 and 1007.23 and earning full-time equivalent membership 1802 under s. 1011.62(1)(i). 1803 (e) With respect to elementary school students whose grade 1804 level does not exceed grade 6, by reason of being subjected to 1805 hazardous walking conditions en route to or from school as 1806 provided in s. 1006.23. Such rules shall, when appropriate, 1807 provide for the determination of membership under this paragraph 1808 for less than 1 year to accommodate the needs of students who 1809 require transportation only until such hazardous conditions are 1810 corrected. 1811 (f) By reason of being a pregnant student or student 1812 parent, and the child of a student parent as provided in s. 1813 1003.54, regardless of distance from school. 1814 (2) The allocation for each district shall be calculated 1815 annually in accordance with the following formula: 1816 1817 T = B + EX. The elements of this formula are defined as 1818 follows: T is the total dollar allocation for transportation. B 1819 is the base transportation dollar allocation prorated by an 1820 adjusted student membership count. The adjusted membership count 1821 shall be derived from a multiplicative index function in which 1822 the base student membership is adjusted by multiplying it by 1823 index numbers that individually account for the impact of the 1824 price level index, average bus occupancy, and the extent of 1825 rural population in the district. EX is the base transportation 1826 dollar allocation for disabled students prorated by an adjusted 1827 disabled student membership count. The base transportation 1828 dollar allocation for disabled students is the total state base 1829 disabled student membership count weighted for increased costs 1830 associated with transporting disabled students and multiplying 1831 it by an average per student cost for transportation as 1832 determined by the Legislature. The adjusted disabled student 1833 membership count shall be derived from a multiplicative index 1834 function in which the weighted base disabled student membership 1835 is adjusted by multiplying it by index numbers that individually 1836 account for the impact of the price level index, average bus 1837 occupancy, and the extent of rural population in the district. 1838 Each adjustment factor shall be designed to affect the base 1839 allocation by no more or less than 10 percent. 1840 (3) The total allocation to each district for 1841 transportation of students shall be the sum of the amounts 1842 determined in subsection (2). If the funds appropriated for the 1843 purpose of implementing this section are not sufficient to pay 1844 the base transportation allocation and the base transportation 1845 allocation for disabled students, the Department of Education 1846 shall prorate the available funds on a percentage basis. If the 1847 funds appropriated for the purpose of implementing this section 1848 exceed the sum of the base transportation allocation and the 1849 base transportation allocation for disabled students, the base 1850 transportation allocation for disabled students shall be limited 1851 to the amount calculated in subsection (2), and the remaining 1852 balance shall be added to the base transportation allocation. 1853 (4) No district shall use funds to purchase transportation 1854 equipment and supplies at prices which exceed those determined 1855 by the department to be the lowest which can be obtained, as 1856 prescribed in s. 1006.27(1). 1857 (5) Funds allocated or apportioned for the payment of 1858 student transportation services may be used to pay for 1859 transportation of students to and from school on local general 1860 purpose transportation systems. Student transportation funds may 1861 also be used to pay for transportation of students to and from 1862 school in private passenger cars and boats when the 1863 transportation is for isolated students, or students with 1864 disabilities as defined by rule. Subject to the rules of the 1865 State Board of Education, each school district shall determine 1866 and report the number of assigned students using general purpose 1867 transportation private passenger cars and boats. The allocation 1868 per student must be equal to the allocation per student riding a 1869 school bus. 1870 (6) Notwithstanding other provisions of this section, in no 1871 case shall any student or students be counted for transportation 1872 funding more than once per day. This provision includes counting 1873 students for funding pursuant to trips in school buses, 1874 passenger cars, or boats or general purpose transportation. 1875 Section 6. Paragraph (b) of subsection (2) of section 1876 1012.32, Florida Statutes, is amended to read: 1877 1012.32 Qualifications of personnel.— 1878 (2) 1879 (b) Instructional and noninstructional personnel who are 1880 hired or contracted to fill positions in any charter school and 1881 members of the governing board of any charter school, in 1882 compliance with s. 1002.33(14)(f)s.1002.33(12)(g), must, upon 1883 employment, engagement of services, or appointment, undergo 1884 background screening as required under s. 1012.465 or s. 1885 1012.56, whichever is applicable, by filing with the district 1886 school board for the school district in which the charter school 1887 is located a complete set of fingerprints taken by an authorized 1888 law enforcement agency or an employee of the school or school 1889 district who is trained to take fingerprints. 1890 1891 Fingerprints shall be submitted to the Department of Law 1892 Enforcement for statewide criminal and juvenile records checks 1893 and to the Federal Bureau of Investigation for federal criminal 1894 records checks. A person subject to this subsection who is found 1895 ineligible for employment under s. 1012.315, or otherwise found 1896 through background screening to have been convicted of any crime 1897 involving moral turpitude as defined by rule of the State Board 1898 of Education, shall not be employed, engaged to provide 1899 services, or serve in any position that requires direct contact 1900 with students. Probationary persons subject to this subsection 1901 terminated because of their criminal record have the right to 1902 appeal such decisions. The cost of the background screening may 1903 be borne by the district school board, the charter school, the 1904 employee, the contractor, or a person subject to this 1905 subsection. 1906 Section 7. Paragraphs (a) and (e) of subsection (1) and 1907 subsection (2) of section 1013.62, Florida Statutes, are amended 1908 to read: 1909 1013.62 Charter schools capital outlay funding.— 1910 (1) In each year in which funds are appropriated for 1911 charter school capital outlay purposes, the Commissioner of 1912 Education shall allocate the funds among eligible charter 1913 schools. 1914 (a) To be eligible for a funding allocation, a charter 1915 school must: 1916 1.a. Have been in operation for 3 or more years; 1917 b. Be governed by a governing board established in the 1918 state for 3 or more years which operates both charter schools 1919 and conversion charter schools within the state; 1920 c. Be an expanded feeder chain of a charter school within 1921 the same school district that is currently receiving charter 1922 school capital outlay funds; 1923 d. Have been accredited by the Commission on Schools of the 1924 Southern Association of Colleges and Schools; or 1925 e. Serve students in facilities that are provided by a 1926 business partner for a charter school-in-the-workplace pursuant 1927 to s. 1002.33(17)(b)s.1002.33(15)(b). 1928 2. Have financial stability for future operation as a 1929 charter school. 1930 3. Have satisfactory student achievement based on state 1931 accountability standards applicable to the charter school. 1932 4. Have received final approval from its sponsor pursuant 1933 to s. 1002.33 for operation during that fiscal year. 1934 5. Serve students in facilities that are not provided by 1935 the charter school’s sponsor. 1936 (e) Unless otherwise provided in the General Appropriations 1937 Act, the funding allocation for each eligible charter school is 1938 determined by multiplying the school’s projected student 1939 enrollment by one-fifteenth of the cost-per-student station 1940 specified in s. 1013.64(6)(b) for an elementary, middle, or high 1941 school, as appropriate. If the funds appropriated are not 1942 sufficient, the commissioner shall prorate the available funds 1943 among eligible charter schools. However, a charter school or 1944 charter lab school may not receive state charter school capital 1945 outlay funds greater than the one-fifteenth cost per student 1946 station formula if the charter school’s combination of state 1947 charter school capital outlay funds, capital outlay funds 1948 calculated through the reduction in the administrative fee 1949 provided in s. 1002.33(23)s.1002.33(20), and capital outlay 1950 funds allowed in s. 1002.32(9)(e) and (h) exceeds the one 1951 fifteenth cost per student station formula. 1952 (2) A charter school’s governing body may use charter 1953 school capital outlay funds for the following purposes: 1954 (a) Purchase of real property. 1955 (b) Construction of school facilities. 1956 (c) Purchase, lease-purchase, or lease of permanent or 1957 relocatable school facilities. 1958 (d) Purchase of vehicles to transport students to and from 1959 the charter school. 1960 (e) Renovation, repair, and maintenance of school 1961 facilities that the charter school owns or is purchasing through 1962 a lease-purchase or long-term lease of 5 years or longer. 1963 (f) Effective July 1, 2008, purchase, lease-purchase, or 1964 lease of new and replacement equipment, and enterprise resource 1965 software applications that are classified as capital assets in 1966 accordance with definitions of the Governmental Accounting 1967 Standards Board, have a useful life of at least 5 years, and are 1968 used to support schoolwide administration or state-mandated 1969 reporting requirements. 1970 (g) Payment of the cost of premiums for property and 1971 casualty insurance necessary to insure the school facilities. 1972 (h) Purchase, lease-purchase, or lease of driver’s 1973 education vehicles; motor vehicles used for the maintenance or 1974 operation of plants and equipment; security vehicles; or 1975 vehicles used in storing or distributing materials and 1976 equipment. 1977 1978 Conversion charter schools may use capital outlay funds received 1979 through the reduction in the administrative fee provided in s. 1980 1002.33(23)s.1002.33(20)for renovation, repair, and 1981 maintenance of school facilities that are owned by the sponsor. 1982 (3) When a charter school is nonrenewed or terminated, any 1983 unencumbered funds and all equipment and property purchased with 1984 district public funds shall revert to the ownership of the 1985 district school board, as provided for in s. 1002.33(8)(e) and 1986 (f). In the case of a charter lab school, any unencumbered funds 1987 and all equipment and property purchased with university public 1988 funds shall revert to the ownership of the state university that 1989 issued the charter. The reversion of such equipment, property, 1990 and furnishings shall focus on recoverable assets, but not on 1991 intangible or irrecoverable costs such as rental or leasing 1992 fees, normal maintenance, and limited renovations. The reversion 1993 of all property secured with public funds is subject to the 1994 complete satisfaction of all lawful liens or encumbrances. If 1995 there are additional local issues such as the shared use of 1996 facilities or partial ownership of facilities or property, these 1997 issues shall be agreed to in the charter contract prior to the 1998 expenditure of funds. 1999 Section 8. College-Preparatory Boarding Academy Pilot 2000 Program for at-risk students.— 2001 (1) PROGRAM CREATION.—The College-Preparatory Boarding 2002 Academy Pilot Program is created for the purpose of providing 2003 unique educational opportunities to dependent or at-risk 2004 children who are academic underperformers but who have the 2005 potential to progress from at-risk to college-bound. The State 2006 Board of Education shall implement this program. 2007 (2) DEFINITIONS.—As used in this section, the term: 2008 (a) “Board” means the board of trustees of a college 2009 preparatory boarding academy for at-risk students. 2010 (b) “Eligible student” means a student who is a resident of 2011 the state and entitled to attend school in a participating 2012 school district, is at risk of academic failure, is currently 2013 enrolled in grade 5 or 6, is from a family whose income is below 2014 200 percent of the federal poverty guidelines, and meets at 2015 least two of the following additional risk factors: 2016 1. The student has a record of suspensions, office 2017 referrals, or chronic truancy. 2018 2. The student has been referred for academic intervention 2019 or has not attained at least a proficient score on the state 2020 achievement assessment in English and language arts, reading, or 2021 mathematics. 2022 3. The student’s parent is a single parent. 2023 4. The student does not live with the student’s custodial 2024 parent. 2025 5. The student has received a referral from a school, 2026 teacher, counselor, dependency circuit court judge, or 2027 community-based care organization. 2028 6. The student resides in a household that receives a 2029 housing voucher or has been determined as eligible for public 2030 housing assistance. 2031 7. A member of the student’s immediate family has been 2032 incarcerated. 2033 8. The student has been declared an adjudicated dependent 2034 by a court of competent jurisdiction. 2035 9. The student meets any additional criteria prescribed by 2036 an agreement between the State Board of Education and the 2037 operator of a college-preparatory boarding academy. 2038 (c) “Operator” means a private, nonprofit corporation that 2039 is selected by the state under subsection (3) to operate a 2040 college-preparatory boarding academy for at-risk students. 2041 (d) “Program” means a college-preparatory boarding academy 2042 for at-risk students which includes: 2043 1. A remedial curriculum for middle school grades; 2044 2. The college-preparatory curriculum for high school 2045 grades; 2046 3. Extracurricular activities, including athletics and 2047 cultural events; 2048 4. College admissions counseling; 2049 5. Health and mental health services; 2050 6. Tutoring; 2051 7. Community service and service learning opportunities; 2052 8. A residential student life program; 2053 9. Extended school days and supplemental programs; and 2054 10. Professional services focused on the language arts and 2055 reading standards, mathematics standards, science standards, 2056 technology standards, and developmental or life skill standards 2057 using innovative and best practices for all students. 2058 (e) “Sponsor” means a public school district that acts as 2059 sponsor pursuant to s. 1002.33, Florida Statutes. 2060 (3) PROPOSALS.— 2061 (a) The State Board of Education shall select a private, 2062 nonprofit corporation to operate a college-preparatory boarding 2063 academy for at-risk students which meets all of the following 2064 qualifications: 2065 1. The nonprofit corporation has, or will receive as a 2066 condition of the contract, a public charter school authorized 2067 under s. 1002.33, Florida Statutes, to offer grades 6 through 2068 12, or has a partnership with a sponsor to operate a school. 2069 2. The nonprofit corporation has experience operating a 2070 school or program similar to that authorized under this section. 2071 3. The nonprofit corporation has demonstrated success with 2072 a school or program similar to that authorized under this 2073 section. 2074 4. The nonprofit corporation has the capacity to finance 2075 and secure private funds for the development of a campus for the 2076 program. 2077 (b) Within 60 days after July 1, 2011, the State Board of 2078 Education shall issue a request for proposals from private, 2079 nonprofit corporations interested in operating a college 2080 preparatory boarding academy for at-risk students. The state 2081 board shall select operators from among the qualified responders 2082 within 120 days after the issuance of the requests for proposal. 2083 (c) Each proposal must contain the following information: 2084 1. The proposed location of the college-preparatory 2085 boarding academy; 2086 2. A plan for offering grade 6 in the program’s initial 2087 year of operation and a plan for expanding the grade levels 2088 offered by the school in subsequent years; and 2089 3. Any other information about the proposed educational 2090 program, facilities, or operations of the school as determined 2091 necessary by the state board. 2092 (4) CONTRACT.—The State Board of Education shall contract 2093 with the operator of a college-preparatory boarding academy. The 2094 contract must stipulate that: 2095 (a) The academy may operate only if, and to the extent 2096 that, it holds a valid charter authorized under s. 1002.33, 2097 Florida Statutes, or is authorized by a local school district 2098 defined as a sponsor pursuant to s. 1002.33, Florida Statutes. 2099 (b) The operator shall finance and oversee the acquisition 2100 of a facility for the academy. 2101 (c) The operator shall operate the academy in accordance 2102 with the terms of the proposal accepted by the state board. 2103 (d) The operator shall comply with this section. 2104 (e) The operator shall comply with any other provisions of 2105 law specified in the contract, the charter granted by the local 2106 school district or the operating agreement with the sponsor, and 2107 the rules adopted by the state board for schools operating in 2108 this state. 2109 (f) The operator shall comply with the bylaws that it 2110 adopts. 2111 (g) The operator shall comply with standards for admission 2112 of students to the academy and standards for dismissal of 2113 students from the academy which are included in the contract and 2114 may be reevaluated and revised by mutual agreement between the 2115 operator and the state board. 2116 (h) The operator shall meet the academic goals and other 2117 performance standards established by the contract. 2118 (i) The state board or the operator may terminate the 2119 contract in accordance with the procedures specified in the 2120 contract, which must at least require that the party seeking 2121 termination give prior written notice of the intent to terminate 2122 the contract and that the party receiving the termination notice 2123 be granted an opportunity to redress any grievances cited 2124 therein. 2125 (j) If the school closes for any reason, the academy’s 2126 board of trustees shall execute the closing in a manner 2127 specified in the contract. 2128 (5) OPERATOR BYLAWS.—The operator of a college-preparatory 2129 boarding academy for at-risk students shall adopt bylaws for the 2130 oversight and operation of the academy which are consistent with 2131 this section, the state law, and the contract between the 2132 operator and the State Board of Education. The bylaws must 2133 include procedures for the appointment of board members to the 2134 academy’s board of trustees, which may not exceed 25 members, 5 2135 members of which shall be appointed by the Governor with the 2136 advice and consent of the Senate. The bylaws are subject to 2137 approval of the state board. 2138 (6) OUTREACH.—The operator of a college-preparatory 2139 boarding academy shall adopt an outreach program with the local 2140 education agency or school district and community. The outreach 2141 program shall give special attention to the recruitment of 2142 children in the state’s foster care program as a dependent child 2143 or as a child in a program to prevent dependency who are 2144 academic underperformers who, if given the unique educational 2145 opportunity found in the program, have the potential to progress 2146 from at-risk children to college-bound children. 2147 (7) FUNDING.—The college-preparatory boarding academy shall 2148 be a public school and part of the state’s program of education. 2149 If the program receives state funding from noneducation sources, 2150 the State Board of Education shall coordinate, streamline, and 2151 simplify any requirements to eliminate duplicate, redundant, or 2152 conflicting requirements and oversight by various governmental 2153 programs or agencies. The applicable regulating entities shall, 2154 to the maximum extent possible, use independent reports and 2155 financial audits provided by the program and coordinated by the 2156 state board to eliminate or reduce contract and administrative 2157 reviews. Additional items may be suggested, if reasonable, to 2158 the state board to be included in independent reports and 2159 financial audits for the purpose of implementing this section. 2160 Reporting paperwork that is prepared for the state and local 2161 education agency shall also be shared with and accepted by other 2162 state and local regulatory entities, to the maximum extent 2163 possible. 2164 (8) PROGRAM CAPACITY.—Beginning August 2012, a college 2165 preparatory boarding academy shall admit 80 students. In each 2166 additional fiscal year, the program shall grow by an additional 2167 number of students, as specified in the contract, until the 2168 program reaches a capacity of 400 students. 2169 (9) STUDENT SERVICES.—Students enrolled in the program who 2170 have been adjudicated dependent must remain under the case 2171 management services and supervision of the lead agency and its 2172 respective providers. The operator may contract with its own 2173 licensed providers as necessary to provide services to children 2174 in the program and to ensure continuity of the full range of 2175 services required by children in foster care who attend the 2176 academy. 2177 (10) MEDICAID BILLING.—This section does not prohibit an 2178 operator from appropriately billing Medicaid for services 2179 rendered to eligible students through the program or from 2180 earning federal or local funding for services provided. 2181 (11) ADMISSION.—Any eligible student may apply for 2182 admission to a college-preparatory boarding academy. If more 2183 eligible students apply for admission than the number of 2184 students permitted by the capacity established by the board of 2185 trustees, admission shall be determined by lottery. 2186 (12) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d) 2187 and 409.176, Florida Statutes, or any other provision of law, an 2188 operator may house and educate dependent, at-risk youth in its 2189 residential school for the purpose of facilitating the mission 2190 of the program and encouraging innovative practices. 2191 (13) ANNUAL REPORT.— 2192 (a) The State Board of Education shall issue an annual 2193 report for each college-preparatory boarding academy which 2194 includes all information applicable to schools. 2195 (b) Each college-preparatory boarding academy shall report 2196 to the Department of Education, in the form and manner 2197 prescribed in the contract, the following information: 2198 1. The total number of students enrolled in the academy; 2199 2. The number of students enrolled in the academy who are 2200 receiving special education services pursuant to an individual 2201 education plan; and 2202 3. Any additional information specified in the contract. 2203 (c) The operator shall comply with s. 1002.33, Florida 2204 Statutes, and shall annually assess reading and mathematics 2205 skills. The operator shall provide the student’s legal guardians 2206 with sufficient information on whether the student is reading at 2207 grade level and whether the student gains at least a year’s 2208 worth of learning for every year spent in the program. 2209 (14) RULES.—The State Board of Education shall adopt rules 2210 to administer this section. These rules must identify any 2211 existing rules that are applicable to the program and preempt 2212 any other rules that are not specified for the purpose of 2213 clarifying the rules that may be conflicting, redundant, or that 2214 result in an unnecessary burden on the program or the operator. 2215 Section 9. (1) The Office of Program Policy Analysis and 2216 Government Accountability (OPPAGA) shall conduct a study that 2217 compares the funding of charter schools to the funding of 2218 traditional public schools. In conducting this study, OPPAGA 2219 shall: 2220 (a) Identify the school districts that distribute funds 2221 generated by the capital improvement millage authorized pursuant 2222 to s. 1011.71(2), Florida Statutes, to charter schools and the 2223 use of such funds by the charter schools. 2224 (b) Determine the amount of funds that would be available 2225 to charter schools if school districts equitably distribute to 2226 district schools, including charter schools, the funds generated 2227 by the capital improvement millage authorized pursuant to s. 2228 1011.71(2), Florida Statutes. 2229 (c) Examine the costs associated with supervising charter 2230 schools and determine whether the 5 percent administrative fee 2231 for administrative and educational services for charter schools 2232 covers the costs associated with the provision of the services. 2233 (d) Examine the distribution of IDEA funds. 2234 (2) OPPAGA shall make recommendations, if warranted, for 2235 improving the accountability and equity of the funding system 2236 for charter schools based on the findings of the study. The 2237 results of the study shall be submitted to the Governor, the 2238 President of the Senate, and the Speaker of the House of 2239 Representatives by January 1, 2012. 2240 Section 10. If any provision of this act or its application 2241 to any person or circumstance is held invalid, the invalidity 2242 does not affect other provisions or applications of the act 2243 which can be given effect without the invalid provision or 2244 application, and to this end the provisions of this act are 2245 severable. 2246 Section 11. This act shall take effect July 1, 2011.