Bill Text: FL S1546 | 2011 | Regular Session | Engrossed
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-Engrossed.html
Bill Title: School Choice
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-04 - In returning messages [S1546 Detail]
Download: Florida-2011-S1546-Engrossed.html
CS for CS for CS for SB 1546 First Engrossed 20111546e1 1 A bill to be entitled 2 An act relating to charter schools; amending ss. 3 163.3180 and 1002.32, F.S.; conforming cross 4 references; amending s. 1002.33, F.S.; requiring that 5 the Department of Education provide or arrange for 6 training and technical assistance for charter schools; 7 authorizing a sponsor to require certain governing 8 board members to reside in the school district; 9 providing for the designation of charter schools as 10 high-performing if certain requirements are met; 11 providing definitions relating to the high-performing 12 charter school system; revising provisions to conform 13 to changes made by the act; amending ss. 1002.34, 14 1011.68, 1012.32, and 1013.62, F.S.; conforming cross 15 references; requiring that the Office of Program 16 Policy Analysis and Government Accountability conduct 17 a study comparing the funding of charter schools to 18 the funding of public schools; providing requirements 19 for the study; requiring that the office submit its 20 recommendations and findings to the Governor and 21 Legislature by a specified date; providing for 22 severability; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Paragraph (e) of subsection (13) of section 27 163.3180, Florida Statutes, is amended to read: 28 163.3180 Concurrency.— 29 (13) School concurrency shall be established on a 30 districtwide basis and shall include all public schools in the 31 district and all portions of the district, whether located in a 32 municipality or an unincorporated area unless exempt from the 33 public school facilities element pursuant to s. 163.3177(12). 34 The application of school concurrency to development shall be 35 based upon the adopted comprehensive plan, as amended. All local 36 governments within a county, except as provided in paragraph 37 (f), shall adopt and transmit to the state land planning agency 38 the necessary plan amendments, along with the interlocal 39 agreement, for a compliance review pursuant to s. 163.3184(7) 40 and (8). The minimum requirements for school concurrency are the 41 following: 42 (e) Availability standard.—Consistent with the public 43 welfare, a local government may not deny an application for site 44 plan, final subdivision approval, or the functional equivalent 45 for a development or phase of a development authorizing 46 residential development for failure to achieve and maintain the 47 level-of-service standard for public school capacity in a local 48 school concurrency management system where adequate school 49 facilities will be in place or under actual construction within 50 3 years after the issuance of final subdivision or site plan 51 approval, or the functional equivalent. School concurrency is 52 satisfied if the developer executes a legally binding commitment 53 to provide mitigation proportionate to the demand for public 54 school facilities to be created by actual development of the 55 property, including, but not limited to, the options described 56 in subparagraph 1. Options for proportionate-share mitigation of 57 impacts on public school facilities must be established in the 58 public school facilities element and the interlocal agreement 59 pursuant to s. 163.31777. 60 1. Appropriate mitigation options include the contribution 61 of land; the construction, expansion, or payment for land 62 acquisition or construction of a public school facility; the 63 construction of a charter school that complies with the 64 requirements of s. 1002.33(20)s.1002.33(18); or the creation 65 of mitigation banking based on the construction of a public 66 school facility in exchange for the right to sell capacity 67 credits. Such options must include execution by the applicant 68 and the local government of a development agreement that 69 constitutes a legally binding commitment to pay proportionate 70 share mitigation for the additional residential units approved 71 by the local government in a development order and actually 72 developed on the property, taking into account residential 73 density allowed on the property prior to the plan amendment that 74 increased the overall residential density. The district school 75 board must be a party to such an agreement. As a condition of 76 its entry into such a development agreement, the local 77 government may require the landowner to agree to continuing 78 renewal of the agreement upon its expiration. 79 2. If the education facilities plan and the public 80 educational facilities element authorize a contribution of land; 81 the construction, expansion, or payment for land acquisition; 82 the construction or expansion of a public school facility, or a 83 portion thereof; or the construction of a charter school that 84 complies with the requirements of s. 1002.33(20)s.1002.33(18), 85 as proportionate-share mitigation, the local government shall 86 credit such a contribution, construction, expansion, or payment 87 toward any other impact fee or exaction imposed by local 88 ordinance for the same need, on a dollar-for-dollar basis at 89 fair market value. 90 3. Any proportionate-share mitigation must be directed by 91 the school board toward a school capacity improvement identified 92 in a financially feasible 5-year district work plan that 93 satisfies the demands created by the development in accordance 94 with a binding developer’s agreement. 95 4. If a development is precluded from commencing because 96 there is inadequate classroom capacity to mitigate the impacts 97 of the development, the development may nevertheless commence if 98 there are accelerated facilities in an approved capital 99 improvement element scheduled for construction in year four or 100 later of such plan which, when built, will mitigate the proposed 101 development, or if such accelerated facilities will be in the 102 next annual update of the capital facilities element, the 103 developer enters into a binding, financially guaranteed 104 agreement with the school district to construct an accelerated 105 facility within the first 3 years of an approved capital 106 improvement plan, and the cost of the school facility is equal 107 to or greater than the development’s proportionate share. When 108 the completed school facility is conveyed to the school 109 district, the developer shall receive impact fee credits usable 110 within the zone where the facility is constructed or any 111 attendance zone contiguous with or adjacent to the zone where 112 the facility is constructed. 113 5. This paragraph does not limit the authority of a local 114 government to deny a development permit or its functional 115 equivalent pursuant to its home rule regulatory powers, except 116 as provided in this part. 117 Section 2. Paragraph (c) of subsection (9) of section 118 1002.32, Florida Statutes, is amended to read: 119 1002.32 Developmental research (laboratory) schools.— 120 (9) FUNDING.—Funding for a lab school, including a charter 121 lab school, shall be provided as follows: 122 (c) All operating funds provided under this section shall 123 be deposited in a Lab School Trust Fund and shall be expended 124 for the purposes of this section. The university assigned a lab 125 school shall be the fiscal agent for these funds, and all rules 126 of the university governing the budgeting and expenditure of 127 state funds shall apply to these funds unless otherwise provided 128 by law or rule of the State Board of Education. The university 129 board of trustees shall be the public employer of lab school 130 personnel for collective bargaining purposes for lab schools in 131 operation prior to the 2002-2003 fiscal year. Employees of 132 charter lab schools authorized prior to June 1, 2003, but not in 133 operation prior to the 2002-2003 fiscal year shall be employees 134 of the entity holding the charter and must comply with the 135 provisions of s. 1002.33(14)s.1002.33(12). 136 Section 3. Subsections (6) through (26) of section 1002.33, 137 Florida Statutes, are amended to read: 138 1002.33 Charter schools.— 139 (6) APPLICATION PROCESS AND REVIEW.—Charter school 140 applications are subject to the following requirements: 141 (a) A person or entity wishing to open a charter school 142 shall prepare and submit an application on a model application 143 form prepared by the Department of Education which: 144 1. Demonstrates how the school will use the guiding 145 principles and meet the statutorily defined purpose of a charter 146 school. 147 2. Provides a detailed curriculum plan that illustrates how 148 students will be provided services to attain the Sunshine State 149 Standards. 150 3. Contains goals and objectives for improving student 151 learning and measuring that improvement. These goals and 152 objectives must indicate how much academic improvement students 153 are expected to show each year, how success will be evaluated, 154 and the specific results to be attained through instruction. 155 4. Describes the reading curriculum and differentiated 156 strategies that will be used for students reading at grade level 157 or higher and a separate curriculum and strategies for students 158 who are reading below grade level. A sponsor shall deny a 159 charter if the school does not propose a reading curriculum that 160 is consistent with effective teaching strategies that are 161 grounded in scientifically based reading research. 162 5. Contains an annual financial plan for each year 163 requested by the charter for operation of the school for up to 5 164 years. This plan must contain anticipated fund balances based on 165 revenue projections, a spending plan based on projected revenues 166 and expenses, and a description of controls that will safeguard 167 finances and projected enrollment trends. 168 6. Documents that the applicant has participated in the 169 training required in subparagraph (b)2.(f)2.A sponsor may 170 require an applicant to provide additional information as an 171 addendum to the charter school application described in this 172 paragraph. 173 (b)1. The Department of Education shall provide or arrange 174 for training and technical assistance to charter schools in 175 developing business plans and estimating costs and income. 176 Training and technical assistance shall address estimating 177 startup costs, projecting enrollment, and identifying the types 178 and amounts of state and federal financial assistance that the 179 charter school may be eligible to receive. The department may 180 provide other technical assistance to an applicant upon written 181 request. 182 2. A charter school applicant must participate in the 183 training provided by the Department of Education after approval 184 of an application, but at least 30 calendar days before the 185 first day of classes at the charter school. However, a sponsor 186 may require the charter school applicant to attend training 187 provided by the sponsor in lieu of the department’s training if 188 the sponsor’s training standards meet or exceed the standards 189 developed by the department. A sponsor may not require a charter 190 school applicant to attend its training within 30 calendar days 191 before the first day of classes at the charter school when it 192 requires the charter school to attend its training in lieu of 193 the department’s training. The training must include instruction 194 in accurate financial planning and good business practices. If 195 the applicant is a management company or a nonprofit 196 organization, the charter school principal and the chief 197 financial officer or his or her equivalent must also participate 198 in the training. However, a sponsor may not require a high 199 performing charter school or high-performing charter school 200 system applicant to participate in the training described in 201 this subparagraph more than once. 202 (c)(b)A sponsor shall receive and review all applications 203 for a charter school using an evaluation instrument developed by 204 the Department of Education. Beginning with the 2007-2008 school 205 year, a sponsor shall receive and consider charter school 206 applications received on or before August 1 of each calendar 207 year for charter schools to be opened at the beginning of the 208 school district’s next school year, or to be opened at a time 209 agreed to by the applicant and the sponsor. A sponsor may 210 receive applications later than this date if it chooses. A 211 sponsor may not charge an applicant for a charter any fee for 212 the processing or consideration of an application, and a sponsor 213 may not base its consideration or approval of an application 214 upon the promise of future payment of any kind. Before approving 215 or denying any application, the sponsor shall allow the 216 applicant at least 7 calendar days to make technical or 217 nonsubstantive corrections and clarifications, including, but 218 not limited to, grammatical, typographical, and like errors or 219 missing signatures, if such errors are identified by the sponsor 220 as cause to deny the application. 221 1. In order to facilitate an accurate budget projection 222 process, a sponsor shall be held harmless for FTE students who 223 are not included in the FTE projection due to approval of 224 charter school applications after the FTE projection deadline. 225 In a further effort to facilitate an accurate budget projection, 226 within 15 calendar days after receipt of a charter school 227 application, a sponsor shall report to the Department of 228 Education the name of the applicant entity, the proposed charter 229 school location, and its projected FTE. 230 2. In order to ensure fiscal responsibility, an application 231 for a charter school shall include a full accounting of expected 232 assets, a projection of expected sources and amounts of income, 233 including income derived from projected student enrollments and 234 from community support, and an expense projection that includes 235 full accounting of the costs of operation, including start-up 236 costs. 237 3. A sponsor shall by a majority vote approve or deny an 238 application no later than 60 calendar days after the application 239 is received, unless the sponsor and the applicant mutually agree 240 in writing to temporarily postpone the vote to a specific date, 241 at which time the sponsor shall by a majority vote approve or 242 deny the application. If the sponsor fails to act on the 243 application, an applicant may appeal to the State Board of 244 Education as provided in paragraph (d)paragraph (c). If an 245 application is denied, the sponsor shall, within 10 calendar 246 days after such denial, articulate in writing the specific 247 reasons, based upon good cause, supporting its denial of the 248 charter application and shall provide the letter of denial and 249 supporting documentation to the applicant and to the Department 250 of Education supporting those reasons. 251 4. For budget projection purposes, the sponsor shall report 252 to the Department of Education the approval or denial of a 253 charter application within 10 calendar days after such approval 254 or denial. In the event of approval, the report to the 255 Department of Education shall include the final projected FTE 256 for the approved charter school. 257 5. Upon approval of a charter application, the initial 258 startup shall commence with the beginning of the public school 259 calendar for the district in which the charter is granted unless 260 the sponsor allows a waiver of this subparagraph for good cause. 261 (d)(c)An applicant may appeal any denial of that 262 applicant’s application or failure to act on an application to 263 the State Board of Education no later than 30 calendar days 264 after receipt of the sponsor’s decision or failure to act and 265 shall notify the sponsor of its appeal. Any response of the 266 sponsor shall be submitted to the State Board of Education 267 within 30 calendar days after notification of the appeal. Upon 268 receipt of notification from the State Board of Education that a 269 charter school applicant is filing an appeal, the Commissioner 270 of Education shall convene a meeting of the Charter School 271 Appeal Commission to study and make recommendations to the State 272 Board of Education regarding its pending decision about the 273 appeal. The commission shall forward its recommendation to the 274 state board no later than 7 calendar days prior to the date on 275 which the appeal is to be heard. The State Board of Education 276 shall by majority vote accept or reject the decision of the 277 sponsor no later than 90 calendar days after an appeal is filed 278 in accordance with State Board of Education rule. The Charter 279 School Appeal Commission may reject an appeal submission for 280 failure to comply with procedural rules governing the appeals 281 process. The rejection shall describe the submission errors. The 282 appellant may have up to 15 calendar days from notice of 283 rejection to resubmit an appeal that meets requirements of State 284 Board of Education rule. An application for appeal submitted 285 subsequent to such rejection shall be considered timely if the 286 original appeal was filed within 30 calendar days after receipt 287 of notice of the specific reasons for the sponsor’s denial of 288 the charter application. The State Board of Education shall 289 remand the application to the sponsor with its written decision 290 that the sponsor approve or deny the application. The sponsor 291 shall implement the decision of the State Board of Education. 292 The decision of the State Board of Education is not subject to 293 the provisions of the Administrative Procedure Act, chapter 120. 294 (e)(d)The sponsor shall act upon the decision of the State 295 Board of Education within 30 calendar days after it is received. 296 The State Board of Education’s decision is a final action 297 subject to judicial review in the district court of appeal. 298 (f)(e)1. A Charter School Appeal Commission is established 299 to assist the commissioner and the State Board of Education with 300 a fair and impartial review of appeals by applicants whose 301 charter applications have been denied, whose charter contracts 302 have not been renewed, or whose charter contracts have been 303 terminated by their sponsors. 304 2. The Charter School Appeal Commission may receive copies 305 of the appeal documents forwarded to the State Board of 306 Education, review the documents, gather other applicable 307 information regarding the appeal, and make a written 308 recommendation to the commissioner. The recommendation must 309 state whether the appeal should be upheld or denied and include 310 the reasons for the recommendation being offered. The 311 commissioner shall forward the recommendation to the State Board 312 of Education no later than 7 calendar days prior to the date on 313 which the appeal is to be heard. The state board must consider 314 the commission’s recommendation in making its decision, but is 315 not bound by the recommendation. The decision of the Charter 316 School Appeal Commission is not subject to the provisions of the 317 Administrative Procedure Act, chapter 120. 318 3. The commissioner shall appoint the members of the 319 Charter School Appeal Commission. Members shall serve without 320 compensation but may be reimbursed for travel and per diem 321 expenses in conjunction with their service. One-half of the 322 members must represent currently operating charter schools, and 323 one-half of the members must represent sponsors. The 324 commissioner or a named designee shall chair the Charter School 325 Appeal Commission. 326 4. The chair shall convene meetings of the commission and 327 shall ensure that the written recommendations are completed and 328 forwarded in a timely manner. In cases where the commission 329 cannot reach a decision, the chair shall make the written 330 recommendation with justification, noting that the decision was 331 rendered by the chair. 332 5. Commission members shall thoroughly review the materials 333 presented to them from the appellant and the sponsor. The 334 commission may request information to clarify the documentation 335 presented to it. In the course of its review, the commission may 336 facilitate the postponement of an appeal in those cases where 337 additional time and communication may negate the need for a 338 formal appeal and both parties agree, in writing, to postpone 339 the appeal to the State Board of Education. A new date certain 340 for the appeal shall then be set based upon the rules and 341 procedures of the State Board of Education. Commission members 342 shall provide a written recommendation to the state board as to 343 whether the appeal should be upheld or denied. A fact-based 344 justification for the recommendation must be included. The chair 345 must ensure that the written recommendation is submitted to the 346 State Board of Education members no later than 7 calendar days 347 prior to the date on which the appeal is to be heard. Both 348 parties in the case shall also be provided a copy of the 349 recommendation. 350(f)1. The Department of Education shall offer or arrange351for training and technical assistance to charter school352applicants in developing business plans and estimating costs and353income. This assistance shall address estimating startup costs,354projecting enrollment, and identifying the types and amounts of355state and federal financial assistance the charter school may be356eligible to receive. The department may provide other technical357assistance to an applicant upon written request.3582. A charter school applicant must participate in the359training provided by the Department of Education before filing360an application. However, a sponsor may require the charter361school applicant to attend training provided by the sponsor in362lieu of the department’s training if the sponsor’s training363standards meet or exceed the standards developed by the364Department of Education. The training shall include instruction365in accurate financial planning and good business practices. If366the applicant is a management company or other nonprofit367organization, the charter school principal and the chief368financial officer or his or her equivalent must also participate369in the training.370 (g) In considering charter applications for a lab school, a 371 state university shall consult with the district school board of 372 the county in which the lab school is located. The decision of a 373 state university may be appealed pursuant to the procedure 374 established in this subsection. 375 (h) The terms and conditions for the operation of a charter 376 school shall be set forth by the sponsor and the applicant in a 377 written contractual agreement, called a charter. The sponsor 378 shall not impose unreasonable rules or regulations that violate 379 the intent of giving charter schools greater flexibility to meet 380 educational goals. The sponsor shall have 60 days to provide an 381 initial proposed charter contract to the charter school. The 382 applicant and the sponsor shall have 75 days thereafter to 383 negotiate and notice the charter contract for final approval by 384 the sponsor unless both parties agree to an extension. The 385 proposed charter contract shall be provided to the charter 386 school at least 7 calendar days beforeprior tothe date of the 387 meeting at which the charter is scheduled to be voted upon by 388 the sponsor. The Department of Education shall provide mediation 389 services for any dispute regarding this section subsequent to 390 the approval of a charter application and for any dispute 391 relating to the approved charter, except disputes regarding 392 charter school application denials. If the Commissioner of 393 Education determines that the dispute cannot be settled through 394 mediation, the dispute may be appealed to an administrative law 395 judge appointed by the Division of Administrative Hearings. The 396 administrative law judge may rule on issues of equitable 397 treatment of the charter school as a public school, whether 398 proposed provisions of the charter violate the intended 399 flexibility granted charter schools by statute, or on any other 400 matter regarding this section except a charter school 401 application denial, a charter termination, or a charter 402 nonrenewal and shall award the prevailing party reasonable 403 attorney’s fees and costs incurred to be paid by the losing 404 party. The costs of the administrative hearing shall be paid by 405 the party whom the administrative law judge rules against. 406 (7) CHARTER.—The major issues involving the operation of a 407 charter school shall be considered in advance and written into 408 the charter. The charter shall be signed by the governing body 409 of the charter school and the sponsor, following a public 410 hearing to ensure community input. 411 (a) The charter shall address and criteria for approval of 412 the charter shall be based on: 413 1. The school’s mission, the students to be served, and the 414 ages and grades to be included. 415 2. The focus of the curriculum, the instructional methods 416 to be used, any distinctive instructional techniques to be 417 employed, and identification and acquisition of appropriate 418 technologies needed to improve educational and administrative 419 performance which include a means for promoting safe, ethical, 420 and appropriate uses of technology which comply with legal and 421 professional standards. The charter shall ensure that reading is 422 a primary focus of the curriculum and that resources are 423 provided to identify and provide specialized instruction for 424 students who are reading below grade level. The curriculum and 425 instructional strategies for reading must be consistent with the 426 Sunshine State Standards and grounded in scientifically based 427 reading research. 428 3. The current incoming baseline standard of student 429 academic achievement, the outcomes to be achieved, and the 430 method of measurement that will be used. The criteria listed in 431 this subparagraph shall include a detailed description of: 432 a. How the baseline student academic achievement levels and 433 prior rates of academic progress will be established. 434 b. How these baseline rates will be compared to rates of 435 academic progress achieved by these same students while 436 attending the charter school. 437 c. To the extent possible, how these rates of progress will 438 be evaluated and compared with rates of progress of other 439 closely comparable student populations. 440 441 The district school board is required to provide academic 442 student performance data to charter schools for each of their 443 students coming from the district school system, as well as 444 rates of academic progress of comparable student populations in 445 the district school system. 446 4. The methods used to identify the educational strengths 447 and needs of students and how well educational goals and 448 performance standards are met by students attending the charter 449 school. The methods shall provide a means for the charter school 450 to ensure accountability to its constituents by analyzing 451 student performance data and by evaluating the effectiveness and 452 efficiency of its major educational programs. Students in 453 charter schools shall, at a minimum, participate in the 454 statewide assessment program created under s. 1008.22. 455 5. In secondary charter schools, a method for determining 456 that a student has satisfied the requirements for graduation in 457 s. 1003.428, s. 1003.429, or s. 1003.43. 458 6. A method for resolving conflicts between the governing 459 body of the charter school and the sponsor. 460 7. The admissions procedures and dismissal procedures, 461 including the school’s code of student conduct. 462 8. The ways by which the school will achieve a 463 racial/ethnic balance reflective of the community it serves or 464 within the racial/ethnic range of other public schools in the 465 same school district. 466 9. The financial and administrative management of the 467 school, including areasonabledemonstration of the professional 468 experience or competence of those individuals or organizations 469 applying to operate the charter school or those hired or 470 retained to perform such professional services and the 471 description of clearly delineated responsibilities and the 472 policies and practices needed to effectively manage the charter 473 school. A description of internal audit procedures and 474 establishment of controls to ensure that financial resources are 475 properly managed must be included. Both public sector and 476 private sector professional experience shall be equally valid in 477 such a consideration. 478 10. The asset and liability projections required in the 479 application which are incorporated into the charter and shall be 480 compared with information provided in the annual report of the 481 charter school. 482 11. A description of procedures that identify various risks 483 and provide for a comprehensive approach to reduce the impact of 484 losses; plans to ensure the safety and security of students and 485 staff; plans to identify, minimize, and protect others from 486 violent or disruptive student behavior; and the manner in which 487 the school will be insured, including whether or not the school 488 will be required to have liability insurance, and, if so, the 489 terms and conditions thereof and the amounts of coverage. 490 12. The term of the charter which shall provide for 491 cancellation of the charter if insufficient progress has been 492 made in attaining the student achievement objectives of the 493 charter and if it is not likely that such objectives can be 494 achieved before expiration of the charter. The initial term of a 495 charter shall be for4 or5 years, unless the charter meets the 496 requirements of a high-performing charter school system pursuant 497 to subsection (11).In order to facilitate access to long-term498financial resources for charter school construction,Charter 499 schoolsthat are operated by a municipality or other public500entity as provided by laware eligible for up to a 15-year 501 charter, subject to approval by the district school board. A 502 charter lab school is eligible for a charter for a term of up to 503 15 years.In addition, to facilitate access to long-term504financial resources for charter school construction, charter505schools that are operated by a private, not-for-profit, s.506501(c)(3) status corporation are eligible for up to a 15-year507charter, subject to approval by the district school board.Such 508 long-term charters remain subject to annual review and may be 509 terminated during the term of the charter, but only according to 510 the provisions set forth in subsection (8). 511 13. The facilities to be used and their location. 512 14. The qualifications to be required of the teachers and 513 the potential strategies used to recruit, hire, train, and 514 retain qualified staff to achieve best value. 515 15. The governance structure of the school, including the 516 status of the charter school as a public or private employer as 517 required in paragraph (14)(i)(12)(i). 518 16. A timetable for implementing the charter which 519 addresses the implementation of each element thereof and the 520 date by which the charter shall be awarded in order to meet this 521 timetable. 522 17. In the case of an existing public school that is being 523 converted to charter status, alternative arrangements for 524 current students who choose not to attend the charter school and 525 for current teachers who choose not to teach in the charter 526 school after conversion in accordance with the existing 527 collective bargaining agreement or district school board rule in 528 the absence of a collective bargaining agreement. However, 529 alternative arrangements shall not be required for current 530 teachers who choose not to teach in a charter lab school, except 531 as authorized by the employment policies of the state university 532 which grants the charter to the lab school. 533 18. Full disclosure of the identity of all relatives 534 employed by the charter school who are related to the charter 535 school owner, president, chairperson of the governing board of 536 directors, superintendent, governing board member, principal, 537 assistant principal, or any other person employed by the charter 538 school who has equivalent decisionmaking authority. For the 539 purpose of this subparagraph, the term “relative” means father, 540 mother, son, daughter, brother, sister, uncle, aunt, first 541 cousin, nephew, niece, husband, wife, father-in-law, mother-in 542 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 543 stepfather, stepmother, stepson, stepdaughter, stepbrother, 544 stepsister, half brother, or half sister. 545 (b)1. A charter may be renewed provided that a program 546 review demonstrates that the criteria in paragraph (a) have been 547 successfully accomplished and that none of the grounds for 548 nonrenewal established by paragraph (8)(a) has been documented. 549 In order to facilitate long-term financing for charter school 550 construction, charter schools operating for a minimum of 3 years 551 and demonstrating exemplary academic programming and fiscal 552 management are eligible for a 15-year charter renewal. Such 553 long-term charter is subject to annual review and may be 554 terminated during the term of the charter. 555 2. The 15-year charter renewal that may be granted pursuant 556 to subparagraph 1. shall be granted to a charter school that has 557 received a school grade of “A” or “B” pursuant to s. 1008.34 in 558 3 of the past 4 years and is not in a state of financial 559 emergency or deficit position as defined by this section. Such 560 long-term charter is subject to annual review and may be 561 terminated during the term of the charter pursuant to subsection 562 (8). 563 (c) A charter may be modified during its initial term or 564 any renewal term upon the recommendation of the sponsor or the 565 charter school governing board and the approval of both parties 566 to the agreement. 567 (d) A school district may require up to two of the charter 568 school’s governing board members to reside in the school 569 district in which the charter school is located. Each charter 570 school’s governing board must annually hold at least three 571 public meetings in the school district. Such meetings must be 572 open and accessible to the public, and attendees must be 573 provided an opportunity to receive information and provide input 574 regarding the charter school’s affairs. A quorum of the 575 governing board members must be physically present at each 576 meeting. 577 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 578 (a) The sponsor may choose not to renew or may terminate 579 the charter for any of the following grounds: 580 1. Failure to participate in the state’s education 581 accountability system created in s. 1008.31, as required in this 582 section, or failure to meet the requirements for student 583 performance stated in the charter. 584 2. Failure to meet generally accepted standards of fiscal 585 management. 586 3. Violation of law. 587 4. Other good cause shown. 588 (b) BeforeAt least 90 days prior torenewing or 589 terminating a charter, the sponsor shall notify the governing 590 body of the school of the proposed action in writing. The notice 591 shall state in reasonable detail the grounds for the proposed 592 action and stipulate that the school’s governing body may, 593 within 14 calendar days after receiving the notice, file a 594 request for aan informalhearing with the sponsor pursuant to 595 chapter 120before the sponsor. The matter shall proceed 596 pursuant to chapter 120.The sponsor shallconduct the informal597hearing within 30 calendar days after receiving a written598request.599 (c) The final order issued by the sponsor must include the 600 specific reasons for nonrenewal or termination of the charter 601 and shall be provided to the charter school governing body and 602 the Department of Education within 10 calendar days after the 603 final order is issued.If a charter is not renewed or is604terminated pursuant to paragraph (b), the sponsor shall, within60510 calendar days, articulate in writing the specific reasons for606its nonrenewal or termination of the charter and must provide607the letter of nonrenewal or termination and documentation608supporting the reasons to the charter school governing body, the609charter school principal, and the Department of Education.The 610 charter school’s governing body may, within 30 calendar days 611 after receiving the sponsor’s final orderwritten decision to612refuse to renew or to terminate the charter, appeal the decision 613 pursuant to the procedure established in subsection (6). 614 (d) A charter may be terminated immediately if the sponsor 615 determines that good cause has been shown or if the health, 616 safety, or welfare of the students is threatened. The sponsor’s 617 determination isnotsubject to the same process as set forth in 618 paragraphsan informal hearing under paragraph(b) and (c), with 619 the exception that the sponsor’s determination may take effect 620 immediately or at a subsequently identified timeor pursuant to621chapter 120. The sponsor shall notify in writing the charter 622 school’s governing body, the charter school principal, and the 623 department if a charter is immediately terminated as soon as 624 reasonably possible. The sponsor shall clearly identify the 625 specific issues that resulted in the immediate termination and 626 provide evidence of prior notification of issues resulting in 627 the immediate termination when appropriate. The charter school’s 628 governing board has 10 days to request a hearing pursuant to s. 629 120.569. The hearing in such cases shall be expedited, and the 630 final order shall be issued no more than 45 days after the date 631 upon which the hearing is requested.The school district in632which the charter school is located shall assume operation of633the school under these circumstances.The charter school’s 634 governing board may, within 30 days after receiving the 635 sponsor’s decision to terminate the charter, appeal the decision 636 pursuant to the procedure established in subsection (6). The 637 sponsor shall assume and continue operation of the school 638 pending appeal to the State Board of Education under subsection 639 (6), unless the continued operation of the school would 640 materially threaten the physical health, safety, or welfare of 641 the students. A sponsor that fails to assume and to continue 642 operation of the charter school is liable for attorney’s fees 643 and costs to the charter school if the charter school prevails 644 on appeal to the State Board of Education. 645 (e) When a charter is not renewed or is terminated, the 646 school shall be dissolved under the provisions of law under 647 which the school was organized, and any unencumbered public 648 funds, except for capital outlay funds and federal charter 649 school program grant funds, from the charter school shall revert 650 to the sponsor. Capital outlay funds provided pursuant to s. 651 1013.62 and federal charter school program grant funds that are 652 unencumbered shall revert to the department to be redistributed 653 among eligible charter schools. In the event a charter school is 654 dissolved or is otherwise terminated, all district school board 655 property and improvements, furnishings, and equipment purchased 656 with public funds shall automatically revert to full ownership 657 by the district school board, subject to complete satisfaction 658 of any lawful liens or encumbrances. Any unencumbered public 659 funds from the charter school, district school board property 660 and improvements, furnishings, and equipment purchased with 661 public funds, or financial or other records pertaining to the 662 charter school, in the possession of any person, entity, or 663 holding company, other than the charter school, shall be held in 664 trust upon the district school board’s request, until any appeal 665 status is resolved. 666 (f) If a charter is not renewed or is terminated, the 667 charter school is responsible for all debts of the charter 668 school. The district may not assume the debt from any contract 669 made between the governing body of the school and a third party, 670 except for a debt that is previously detailed and agreed upon in 671 writing by both the district and the governing body of the 672 school and that may not reasonably be assumed to have been 673 satisfied by the district. 674 (g) If a charter is not renewed or is terminated, a student 675 who attended the school may apply to, and shall be enrolled in, 676 another public school. Normal application deadlines shall be 677 disregarded under such circumstances. 678 (9) CHARTER SCHOOL REQUIREMENTS.— 679 (a) A charter school shall be nonsectarian in its programs, 680 admission policies, employment practices, and operations. 681 (b) A charter school shall admit students as provided in 682 subsection (12)(10). 683 (c) A charter school shall be accountable to its sponsor 684 for performance as provided in subsection (7). 685 (d) A charter school mayshallnot charge tuition or 686 registration fees, except those fees normally charged by other 687 public schools. However, a charter lab school may charge a 688 student activity and service fee as authorized by s. 1002.32(5). 689 (e) A charter school shall meet all applicable state and 690 local health, safety, and civil rights requirements. 691 (f) A charter school mayshallnot violate the 692 antidiscrimination provisions of s. 1000.05. 693 (g) In order to provide financial information that is 694 comparable to that reported for other public schools, charter 695 schools are to maintain all financial records that constitute 696 their accounting system: 697 1. In accordance with the accounts and codes prescribed in 698 the most recent issuance of the publication titled “Financial 699 and Program Cost Accounting and Reporting for Florida Schools”; 700 or 701 2. At the discretion of the charter school governing board, 702 a charter school may elect to follow generally accepted 703 accounting standards for not-for-profit organizations, but must 704 reformat this information for reporting according to this 705 paragraph. 706 707 Charter schools shall provide annual financial report and 708 program cost report information in the state-required formats 709 for inclusion in district reporting in compliance with s. 710 1011.60(1). Charter schools that are operated by a municipality 711 or are a component unit of a parent nonprofit organization may 712 use the accounting system of the municipality or the parent but 713 must reformat this information for reporting according to this 714 paragraph. A charter school shall provide a monthly financial 715 statement to the sponsor; however, if the charter school is 716 designated as a high-performing charter school under subsection 717 (10) or is part of a high-performing charter school system under 718 subsection (11), it shall provide a quarterly financial 719 statement. Themonthlyfinancial statement required under this 720 paragraph shall be in a form prescribed by the Department of 721 Education. 722 (h) The governing board of the charter school shall 723 annually adopt and maintain an operating budget. 724 (i) The governing body of the charter school shall exercise 725 continuing oversight over charter school operations. 726 (j) The governing body of the charter school shall be 727 responsible for: 728 1. Ensuring that the charter school has retained the 729 services of a certified public accountant or auditor for the 730 annual financial audit, pursuant to s. 1002.345(2), who shall 731 submit the report to the governing body. 732 2. Reviewing and approving the audit report, including 733 audit findings and recommendations for the financial recovery 734 plan. 735 3.a. Performing the duties in s. 1002.345, including 736 monitoring a corrective action plan. 737 b. Monitoring a financial recovery plan in order to ensure 738 compliance. 739 4. Participating in governance training approved by the 740 department which must include government in the sunshine, 741 conflicts of interest, ethics, and financial responsibility. 742 (k) The governing body of the charter school shall report 743 its progress annually to its sponsor, which shall forward the 744 report to the Commissioner of Education at the same time as 745 other annual school accountability reports. The Department of 746 Education shall develop a uniform, online annual accountability 747 report to be completed by charter schools. This report shall be 748 easy to utilize and contain demographic information, student 749 performance data, and financial accountability information. A 750 charter school shall not be required to provide information and 751 data that is duplicative and already in the possession of the 752 department. The Department of Education shall include in its 753 compilation a notation if a school failed to file its report by 754 the deadline established by the department. The report shall 755 include at least the following components: 756 1. Student achievement performance data, including the 757 information required for the annual school report and the 758 education accountability system governed by ss. 1008.31 and 759 1008.345. Charter schools are subject to the same accountability 760 requirements as other public schools, including reports of 761 student achievement information that links baseline student data 762 to the school’s performance projections identified in the 763 charter. The charter school shall identify reasons for any 764 difference between projected and actual student performance. 765 2. Financial status of the charter school which must 766 include revenues and expenditures at a level of detail that 767 allows for analysis of the charter school’s ability to meet 768 financial obligations and timely repayment of debt. 769 3. Documentation of the facilities in current use and any 770 planned facilities for use by the charter school for instruction 771 of students, administrative functions, or investment purposes. 772 4. Descriptive information about the charter school’s 773 personnel, including salary and benefit levels of charter school 774 employees, the proportion of instructional personnel who hold 775 professional or temporary certificates, and the proportion of 776 instructional personnel teaching in-field or out-of-field. 777 (l) A charter school shall not levy taxes or issue bonds 778 secured by tax revenues. 779 (m) A charter school shall provide instruction for at least 780 the number of days required by law for other public schools and 781 may provide instruction for additional days. 782 (n) The director and a representative of the governing body 783 of a charter school that has received a school grade of “D” 784 under s. 1008.34(2) shall appear before the sponsor or the 785 sponsor’s staff at least once a year to present information 786 concerning each contract component having noted deficiencies. 787 The sponsor shall communicate at the meeting, and in writing to 788 the director, the services provided to the school to help the 789 school address its deficiencies. 790 (o) Upon notification that a charter school receives a 791 school grade of “D” for 2 consecutive years or a school grade of 792 “F” under s. 1008.34(2), the charter school sponsor or the 793 sponsor’s staff shall require the director and a representative 794 of the governing body to submit to the sponsor for approval a 795 school improvement plan to raise student achievement and to 796 implement the plan. The sponsor has the authority to approve a 797 school improvement plan that the charter school will implement 798 in the following school year. The sponsor may also consider the 799 State Board of Education’s recommended action pursuant to s. 800 1008.33(1) as part of the school improvement plan. The 801 Department of Education shall offer technical assistance and 802 training to the charter school and its governing body and 803 establish guidelines for developing, submitting, and approving 804 such plans. 805 1. If the charter school fails to improve its student 806 performance from the year immediately prior to the 807 implementation of the school improvement plan, the sponsor shall 808 place the charter school on probation and shall require the 809 charter school governing body to take one of the following 810 corrective actions: 811 a. Contract for the educational services of the charter 812 school; 813 b. Reorganize the school at the end of the school year 814 under a new director or principal who is authorized to hire new 815 staff and implement a plan that addresses the causes of 816 inadequate progress; or 817 c. Reconstitute the charter school. 818 2. A charter school that is placed on probation shall 819 continue the corrective actions required under subparagraph 1. 820 until the charter school improves its student performance from 821 the year prior to the implementation of the school improvement 822 plan. 823 3. Notwithstanding any provision of this paragraph, the 824 sponsor may terminate the charter at any time pursuant to 825 subsection (8). 826 (p) The director and a representative of the governing body 827 of a graded charter school that has submitted a school 828 improvement plan or has been placed on probation under paragraph 829 (o) shall appear before the sponsor or the sponsor’s staff at 830 least once a year to present information regarding the 831 corrective strategies that are being implemented by the school 832 pursuant to the school improvement plan. The sponsor shall 833 communicate at the meeting, and in writing to the director, the 834 services provided to the school to help the school address its 835 deficiencies. 836 (10) HIGH-PERFORMING CHARTER SCHOOLS.— 837 (a) A charter school shall be designated as a high 838 performing charter school if: 839 1. During each of the previous 3 years the charter school: 840 a. Received a school grade of “A” or “B”; 841 b. Received an unqualified opinion on each financial audit 842 required under s. 218.39; and 843 c. Did not receive a financial audit that revealed one or 844 more of the conditions set forth in s. 218.503(1); however, the 845 condition is deemed met for a charter school-in-the-workplace if 846 there is a finding in an audit that the school has the monetary 847 resources available to cover any reported deficiency or that the 848 deficiency does not result in a deteriorating financial 849 condition pursuant to s. 1002.345(1)(a)3. 850 2. The charter school has been in operation for less than 3 851 years and is operated by a high-performing charter school system 852 pursuant to subsection (11). These charter schools may receive 853 capital outlay funds in their first year pursuant to s. 1013.62 854 and are not required to comply with s. 1013.62(1)(a)1.-3. 855 (b) If the charter school maintains compliance with s. 856 1002.33(18)(b)3., a high-performing charter school may: 857 1. Increase the school’s student enrollment once per year 858 by up to 25 percent more than the capacity authorized pursuant 859 to paragraph (12)(i). 860 2. Expand to any grade level within kindergarten through 861 grade 12, if not already serving such grades. 862 3. Offer voluntary prekindergarten education pursuant to 863 ss. 1002.51-1002.79. 864 (c) A high-performing charter school shall receive a 15 865 year charter renewal upon expiration of the current charter. 866 (d) The high-performing charter school designation shall be 867 removed if the charter school does not continue to meet the 868 requirements in paragraph (a). 869 (11) HIGH-PERFORMING CHARTER SCHOOL SYSTEM.— 870 (a)1. For purposes of this subsection, the term: 871 a. “Entity” means a municipality or other public entity as 872 authorized by law to operate a charter school; a private, not 873 for-profit, s. 501(c)(3) status corporation; or a private, for 874 profit corporation. 875 b. “High-performing charter school system” means an entity 876 that: 877 (I) Operates at least three high-performing charter schools 878 in this state; 879 (II) Has received a systemwide average grade of “A” or “B” 880 during the previous 3 years for all charter schools created or 881 started by the entity; 882 (III) Has not received a financial audit for any school 883 created or started by the entity which reveals one or more of 884 the conditions set forth in s. 218.503(1); and 885 (IV) Has not received a school grade of “F” during any of 886 the previous 2 years for any charter school operated by the 887 entity in the state, except for a charter school taken over or 888 managed by, but not created or started by, the entity, in which 889 case the entity loses its high-performing designation if the 890 charter school receives a school grade of “F” in 3 out of 5 891 years. 892 (b) A high-performing charter school system may apply to 893 establish and operate a new charter school in any district in 894 the state which will substantially replicate one or more of the 895 provider’s existing high-performing charter schools. 896 1. A local school district may deny a charter application 897 from an operator of a high-performing charter school system only 898 if good cause is shown that the operator fails to materially 899 meet established charter school requirements pursuant to 900 subsection (9). The charter applicant may appeal, as provided in 901 subsection (6). The district is liable to the charter applicant 902 for attorney’s fees and costs if the charter applicant prevails 903 on appeal. The State Board of Education may additionally 904 sanction the district with any penalties under s. 1008.32(4) if 905 the state board determines that the district has a pattern of 906 unlawfully denying a high-performing charter system from 907 replicating a high-performing charter school. 908 2. The new charter school shall receive an initial charter 909 for a term of 15 years, shall be designated as a high-performing 910 charter school for the first 3 years of the charter, and shall 911 receive charter school capital outlay funds under s. 1013.62. 912 The school is not required to comply with s. 1013.62(1)(a)1.-3., 913 but must comply with any other requirements in s. 1013.62 to 914 receive charter school capital outlay funds as provided in this 915 subparagraph. 916 3. The designation as a high-performing charter school 917 system shall be removed if the system does not continue to meet 918 the requirements in paragraph (a). 919 920 This paragraph does not waive a district school board’s 921 sovereign immunity. 922 (12)(10)ELIGIBLE STUDENTS.— 923 (a) A charter school shall be open to any student covered 924 in an interdistrict agreement or residing in the school district 925 in which the charter school is located; however, in the case of 926 a charter lab school, the charter lab school shall be open to 927 any student eligible to attend the lab school as provided in s. 928 1002.32 or who resides in the school district in which the 929 charter lab school is located. Any eligible student shall be 930 allowed interdistrict transfer to attend a charter school when 931 based on good cause. Good cause shall include, but is not 932 limited to, geographic proximity to a charter school in a 933 neighboring school district. 934 (b) The charter school shall enroll an eligible student who 935 submits a timely application, unless the number of applications 936 exceeds the capacity of a program, class, grade level, or 937 building. In such case, all applicants shall have an equal 938 chance of being admitted through a random selection process. 939 (c) When a public school converts to charter status, 940 enrollment preference shall be given to students who would have 941 otherwise attended that public school. The district school board 942 shall consult and negotiate with the conversion charter school 943 every 3 years to determine whether realignment of the conversion 944 charter school’s attendance zone is appropriate in order to 945 ensure that students residing closest to the charter school are 946 provided with an enrollment preference. 947 (d) A charter school may give enrollment preference to the 948 following student populations: 949 1. Students who are siblings of a student enrolled in the 950 charter school. 951 2. Students who are the children of a member of the 952 governing board of the charter school. 953 3. Students who are the children of an employee of the 954 charter school. 955 4. Students who are the children of: 956 a. An employee of a business partner, or a resident of a 957 municipality, who complies with paragraph (17)(b) for a charter 958 school-in-the-workplace; or 959 b. A resident of a municipality that operates a charter 960 school-in-a-municipality pursuant to paragraph (17)(c). 961 5. Students enrolling in a charter school-in-the-workplace 962 or charter school-in-a-municipality established pursuant to this 963 section. 964 6. Students who are the children of an active-duty member 965 of any branch of the United States Armed Forces. 966 (e) A charter school may limit the enrollment process only 967 to target the following student populations: 968 1. Students within specific age groups or grade levels. 969 2. Students considered at risk of dropping out of school or 970 academic failure. Such students shall include exceptional 971 education students. 972 3. Students enrolling in a charter school-in-the-workplace 973 or charter school-in-a-municipality established pursuant to 974 subsection (17)(15). 975 4. Students residing within a reasonable distance of the 976 charter school, as described in paragraph (22)(c)(20)(c). Such 977 students areshall besubject to a random lottery and to the 978 racial/ethnic balance provisions described in subparagraph 979 (7)(a)8. or any federal provisions that require a school to 980 achieve a racial/ethnic balance reflective of the community it 981 serves or within the racial/ethnic range of other public schools 982 in the same school district. 983 5. Students who meet reasonable academic, artistic, or 984 other eligibility standards established by the charter school 985 and included in the charter school application and charter or, 986 in the case of existing charter schools, standards that are 987 consistent with the school’s mission and purpose. Such standards 988 shall be in accordance with current state law and practice in 989 public schools and may not discriminate against otherwise 990 qualified individuals. 991 6. Students articulating from one charter school to another 992 pursuant to an articulation agreement between the charter 993 schools that has been approved by the sponsor. 994 (f) Students with disabilities and students served in 995 English for Speakers of Other Languages programs shall have an 996 equal opportunity of being selected for enrollment in a charter 997 school. 998 (g) A student may withdraw from a charter school at any 999 time and enroll in another public school as determined by 1000 district school board rule. 1001 (h) The capacity of the charter school shall be determined 1002 annually by the governing board, in conjunction with the 1003 sponsor, of the charter school in consideration of the factors 1004 identified in this subsection unless the charter school is 1005 designated as a high-performing charter school under subsection 1006 (10). A sponsor may not require a charter school to waive the 1007 provisions in paragraph (10)(b) or require a student enrollment 1008 cap that prohibits a high-performing charter school from 1009 increasing enrollment in accordance with paragraph (10)(b) as a 1010 condition of approval or renewal of a charter. 1011 (i) The capacity of a high-performing charter school 1012 pursuant to subsection (10) shall be determined annually by the 1013 governing board of the charter school. The governing board shall 1014 notify the sponsor of any increase in enrollment by March 1 of 1015 the school year preceding the increase. 1016 (13)(11)PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR 1017 ACTIVITIES.—A charter school student is eligible to participate 1018 in an interscholastic extracurricular activity at the public 1019 school to which the student would be otherwise assigned to 1020 attend pursuant to s. 1006.15(3)(d). 1021 (14)(12)EMPLOYEES OF CHARTER SCHOOLS.— 1022 (a) A charter school shall select its own employees. A 1023 charter school may contract with its sponsor for the services of 1024 personnel employed by the sponsor. 1025 (b) Charter school employees shall have the option to 1026 bargain collectively. Employees may collectively bargain as a 1027 separate unit or as part of the existing district collective 1028 bargaining unit as determined by the structure of the charter 1029 school. 1030 (c) The employees of a conversion charter school shall 1031 remain public employees for all purposes, unless such employees 1032 choose not to do so. 1033 (d) The teachers at a charter school may choose to be part 1034 of a professional group that subcontracts with the charter 1035 school to operate the instructional program under the auspices 1036 of a partnership or cooperative that they collectively own. 1037 Under this arrangement, the teachers would not be public 1038 employees. 1039 (e) Employees of a school district may take leave to accept 1040 employment in a charter school upon the approval of the district 1041 school board. While employed by the charter school and on leave 1042 that is approved by the district school board, the employee may 1043 retain seniority accrued in that school district and may 1044 continue to be covered by the benefit programs of that school 1045 district, if the charter school and the district school board 1046 agree to this arrangement and its financing. School districts 1047 mayshallnot require resignations from instructional personnel, 1048 school administrators, or educational support employees who 1049 desire employmentof teachers desiring to teachin a charter 1050 school. This paragraph doesshallnot prohibit a district school 1051 board from approving alternative leave arrangements consistent 1052 with chapter 1012. 1053 (f) Teachers employed by or under contract to a charter 1054 school shall be certified as required by chapter 1012. A charter 1055 school governing board may employ or contract with skilled 1056 selected noncertified personnel to provide instructional 1057 services or to assist instructional staff members as education 1058 paraprofessionals in the same manner as defined in chapter 1012, 1059 and as provided by State Board of Education rule for charter 1060 school governing boards. A charter school may not knowingly 1061 employ an individual to provide instructional services or to 1062 serve as an education paraprofessional if the individual’s 1063 certification or licensure as an educator is suspended or 1064 revoked by this or any other state. A charter school may not 1065 knowingly employ an individual who has resigned from a school 1066 district in lieu of disciplinary action with respect to child 1067 welfare or safety, or who has been dismissed for just cause by 1068 any school district with respect to child welfare or safety. The 1069 qualifications of teachers shall be disclosed to parents. 1070 (g)1. A charter school shall employ or contract with 1071 employees who have undergone background screening as provided in 1072 s. 1012.32. Members of the governing board of the charter school 1073 shall also undergo background screening in a manner similar to 1074 that provided in s. 1012.32. 1075 2. A charter school shall disqualify instructional 1076 personnel and school administrators, as defined in s. 1012.01, 1077 from employment in any position that requires direct contact 1078 with students if the personnel or administrators are ineligible 1079 for such employment under s. 1012.315. 1080 3. The governing board of a charter school shall adopt 1081 policies establishing standards of ethical conduct for 1082 instructional personnel and school administrators. The policies 1083 must require all instructional personnel and school 1084 administrators, as defined in s. 1012.01, to complete training 1085 on the standards; establish the duty of instructional personnel 1086 and school administrators to report, and procedures for 1087 reporting, alleged misconduct by other instructional personnel 1088 and school administrators which affects the health, safety, or 1089 welfare of a student; and include an explanation of the 1090 liability protections provided under ss. 39.203 and 768.095. A 1091 charter school, or any of its employees, may not enter into a 1092 confidentiality agreement regarding terminated or dismissed 1093 instructional personnel or school administrators, or personnel 1094 or administrators who resign in lieu of termination, based in 1095 whole or in part on misconduct that affects the health, safety, 1096 or welfare of a student, and may not provide instructional 1097 personnel or school administrators with employment references or 1098 discuss the personnel’s or administrators’ performance with 1099 prospective employers in another educational setting, without 1100 disclosing the personnel’s or administrators’ misconduct. Any 1101 part of an agreement or contract that has the purpose or effect 1102 of concealing misconduct by instructional personnel or school 1103 administrators which affects the health, safety, or welfare of a 1104 student is void, is contrary to public policy, and may not be 1105 enforced. 1106 4. Before employing instructional personnel or school 1107 administrators in any position that requires direct contact with 1108 students, a charter school shall conduct employment history 1109 checks of each of the personnel’s or administrators’ previous 1110 employers, screen the instructional personnel or school 1111 administrators through use of the educator screening tools 1112 described in s. 1001.10(5), and document the findings. If unable 1113 to contact a previous employer, the charter school must document 1114 efforts to contact the employer. 1115 5. The sponsor of a charter school that knowingly fails to 1116 comply with this paragraph shall terminate the charter under 1117 subsection (8). 1118 (h) For the purposes of tort liability, the governing body 1119 and employees of a charter school shall be governed by s. 1120 768.28. 1121 (i) A charter school shall organize as, or be operated by, 1122 a nonprofit organization. A charter school may be operated by a 1123 municipality or other public entity as provided for by law. As 1124 such, the charter school may be either a private or a public 1125 employer. As a public employer, a charter school may participate 1126 in the Florida Retirement System upon application and approval 1127 as a “covered group” under s. 121.021(34). If a charter school 1128 participates in the Florida Retirement System, the charter 1129 school employees shall be compulsory members of the Florida 1130 Retirement System. As either a private or a public employer, a 1131 charter school may contract for services with an individual or 1132 group of individuals who are organized as a partnership or a 1133 cooperative. Individuals or groups of individuals who contract 1134 their services to the charter school are not public employees. 1135 (15)(13)CHARTER SCHOOL COOPERATIVES.—Charter schools may 1136 enter into cooperative agreements to form charter school 1137 cooperative organizations that may provide the following 1138 services: charter school planning and development, direct 1139 instructional services, and contracts with charter school 1140 governing boards to provide personnel administrative services, 1141 payroll services, human resource management, evaluation and 1142 assessment services, teacher preparation, and professional 1143 development. 1144 (16)(14)CHARTER SCHOOL FINANCIAL ARRANGEMENTS; 1145 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR 1146 TAXING POWER NOT TO BE PLEDGED.—Any arrangement entered into to 1147 borrow or otherwise secure funds for a charter school authorized 1148 in this section from a source other than the state or a school 1149 district shall indemnify the state and the school district from 1150 any and all liability, including, but not limited to, financial 1151 responsibility for the payment of the principal or interest. Any 1152 loans, bonds, or other financial agreements are not obligations 1153 of the state or the school district but are obligations of the 1154 charter school authority and are payable solely from the sources 1155 of funds pledged by such agreement. The credit or taxing power 1156 of the state or the school district shall not be pledged and no 1157 debts shall be payable out of any moneys except those of the 1158 legal entity in possession of a valid charter approved by a 1159 district school board pursuant to this section. 1160 (17)(15)CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS 1161 IN-A-MUNICIPALITY.— 1162 (a) In order to increase business partnerships in 1163 education, to reduce school and classroom overcrowding 1164 throughout the state, and to offset the high costs for 1165 educational facilities construction, the Legislature intends to 1166 encourage the formation of business partnership schools or 1167 satellite learning centers and municipal-operated schools 1168 through charter school status. 1169 (b) A charter school-in-the-workplace may be established 1170 when a business partner provides the school facility to be used; 1171 enrolls students based upon a random lottery that involves all 1172 of the children of employees of that business or corporation or 1173 residents of that municipality who are seeking enrollment, as 1174 provided for in subsection (12)(10); and enrolls students 1175 according to the racial/ethnic balance provisions described in 1176 subparagraph (7)(a)8. A municipality may be a business partner 1177 notwithstanding paragraph (c). Any portion of a facility used 1178 for a public charter school shall be exempt from ad valorem 1179 taxes, as provided for in s. 1013.54, for the duration of its 1180 use as a public school. 1181 (c) A charter school-in-a-municipality designation may be 1182 granted to a municipality that possesses a charter; enrolls 1183 students based upon a random lottery that involves all of the 1184 children of the residents of that municipality who are seeking 1185 enrollment, as provided for in subsection (12)(10); and enrolls 1186 students according to the racial/ethnic balance provisions 1187 described in subparagraph (7)(a)8. When a municipality has 1188 submitted charter applications for the establishment of a 1189 charter school feeder pattern, consisting of elementary, middle, 1190 and senior high schools, and each individual charter application 1191 is approved by the district school board, such schools shall 1192 then be designated as one charter school for all purposes listed 1193 pursuant to this section. Any portion of the land and facility 1194 used for a public charter school shall be exempt from ad valorem 1195 taxes, as provided for in s. 1013.54, for the duration of its 1196 use as a public school. 1197 (d) As used in this subsection, the terms “business 1198 partner” or “municipality” may include more than one business or 1199 municipality to form a charter school-in-the-workplace or 1200 charter school-in-a-municipality. 1201 (18)(16)EXEMPTION FROM STATUTES.— 1202 (a) A charter school shall operate in accordance with its 1203 charter and shall be exempt from all statutes in chapters 1000 1204 1013. However, a charter school shall be in compliance with the 1205 following statutes in chapters 1000-1013: 1206 1. Those statutes specifically applying to charter schools, 1207 including this section. 1208 2. Those statutes pertaining to the student assessment 1209 program and school grading system. 1210 3. Those statutes pertaining to the provision of services 1211 to students with disabilities. 1212 4. Those statutes pertaining to civil rights, including s. 1213 1000.05, relating to discrimination. 1214 5. Those statutes pertaining to student health, safety, and 1215 welfare. 1216 (b) Additionally, a charter school shall be in compliance 1217 with the following statutes: 1218 1. Section 286.011, relating to public meetings and 1219 records, public inspection, and criminal and civil penalties. 1220 2. Chapter 119, relating to public records. 1221 3. Section 1003.03, relating to the maximum class size, 1222 except that the calculation for compliance pursuant to s. 1223 1003.03 shall be the average at the school level. 1224 (19)(17)FUNDING.—Students enrolled in a charter school, 1225 regardless of the sponsorship, shall be funded as if they are in 1226 a basic program or a special program, the same as students 1227 enrolled in other public schools in the school district. Funding 1228 for a charter lab school shall be as provided in s. 1002.32. 1229 (a) Each charter school shall report its student enrollment 1230 to the sponsor as required in s. 1011.62, and in accordance with 1231 the definitions in s. 1011.61. The sponsor shall include each 1232 charter school’s enrollment in the district’s report of student 1233 enrollment. All charter schools submitting student record 1234 information required by the Department of Education shall comply 1235 with the Department of Education’s guidelines for electronic 1236 data formats for such data, and all districts shall accept 1237 electronic data that complies with the Department of Education’s 1238 electronic format. 1239 (b) The basis for the agreement for funding students 1240 enrolled in a charter school shall be the sum of the school 1241 district’s operating funds from the Florida Education Finance 1242 Program as provided in s. 1011.62 and the General Appropriations 1243 Act, including gross state and local funds, discretionary 1244 lottery funds, and funds from the school district’s current 1245 operating discretionary millage levy; divided by total funded 1246 weighted full-time equivalent students in the school district; 1247 multiplied by the weighted full-time equivalent students for the 1248 charter school. Charter schools whose students or programs meet 1249 the eligibility criteria in law shall be entitled to their 1250 proportionate share of categorical program funds included in the 1251 total funds available in the Florida Education Finance Program 1252 by the Legislature, including transportation. Total funding for 1253 each charter school shall be recalculated during the year to 1254 reflect the revised calculations under the Florida Education 1255 Finance Program by the state and the actual weighted full-time 1256 equivalent students reported by the charter school during the 1257 full-time equivalent student survey periods designated by the 1258 Commissioner of Education. 1259 (c) If the district school board is providing programs or 1260 services to students funded by federal funds, any eligible 1261 students enrolled in charter schools in the school district 1262 shall be provided federal funds for the same level of service 1263 provided students in the schools operated by the district school 1264 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all 1265 charter schools shall receive all federal funding for which the 1266 school is otherwise eligible, including Title I funding, not 1267 later than 5 months after the charter school first opens and 1268 within 5 months after any subsequent expansion of enrollment. 1269 (d) Charter schools shall be included by the Department of 1270 Education and the district school board in requests for federal 1271 stimulus funds in the same manner as district school board 1272 operated public schools, including Title I and IDEA funds and 1273 shall be entitled to receive such funds. Charter schools are 1274 eligible to participate in federal competitive grants that are 1275 available as part of the federal stimulus funds. 1276 (e) District school boards shall make timely and efficient 1277 payment and reimbursement to charter schools, including 1278 processing paperwork required to access special state and 1279 federal funding for which they may be eligible. The district 1280 school board may distribute funds to a charter school for up to 1281 3 months based on the projected full-time equivalent student 1282 membership of the charter school. Thereafter, the results of 1283 full-time equivalent student membership surveys shall be used in 1284 adjusting the amount of funds distributed monthly to the charter 1285 school for the remainder of the fiscal year. The payment shall 1286 be issued no later than 10 working days after the district 1287 school board receives a distribution of state or federal funds. 1288 If a warrant for payment is not issued within 10 working days 1289 after receipt of funding by the district school board, the 1290 school district shall pay to the charter school, in addition to 1291 the amount of the scheduled disbursement, interest at a rate of 1292 1 percent per month calculated on a daily basis on the unpaid 1293 balance from the expiration of the 10 working days until such 1294 time as the warrant is issued. 1295 (20)(18)FACILITIES.— 1296 (a) A startup charter school shall utilize facilities which 1297 comply with the Florida Building Code pursuant to chapter 553 1298 except for the State Requirements for Educational Facilities. 1299 Conversion charter schools shall utilize facilities that comply 1300 with the State Requirements for Educational Facilities provided 1301 that the school district and the charter school have entered 1302 into a mutual management plan for the reasonable maintenance of 1303 such facilities. The mutual management plan shall contain a 1304 provision by which the district school board agrees to maintain 1305 charter school facilities in the same manner as its other public 1306 schools within the district. Charter schools, with the exception 1307 of conversion charter schools, are not required to comply, but 1308 may choose to comply, with the State Requirements for 1309 Educational Facilities of the Florida Building Code adopted 1310 pursuant to s. 1013.37. The local governing authority shall not 1311 adopt or impose local building requirements or restrictions that 1312 are more stringent than those found in the Florida Building 1313 Code. The agency having jurisdiction for inspection of a 1314 facility and issuance of a certificate of occupancy shall be the 1315 local municipality or, if in an unincorporated area, the county 1316 governing authority. 1317 (b) A charter school shall utilize facilities that comply 1318 with the Florida Fire Prevention Code, pursuant to s. 633.025, 1319 as adopted by the authority in whose jurisdiction the facility 1320 is located as provided in paragraph (a). 1321 (c) Any facility, or portion thereof, used to house a 1322 charter school whose charter has been approved by the sponsor 1323 and the governing board, pursuant to subsection (7), shall be 1324 exempt from ad valorem taxes pursuant to s. 196.1983. Library, 1325 community service, museum, performing arts, theatre, cinema, 1326 church, community college, college, and university facilities 1327 may provide space to charter schools within their facilities 1328 under their preexisting zoning and land use designations. 1329 (d) Charter school facilities are exempt from assessments 1330 of fees for building permits, except as provided in s. 553.80; 1331 fees for building and occupational licenses; impact fees or 1332 exactions; service availability fees; and assessments for 1333 special benefits. 1334 (e) If a district school board facility or property is 1335 available because it is surplus, marked for disposal, or 1336 otherwise unused, it shall be provided for a charter school’s 1337 use on the same basis as it is made available to other public 1338 schools in the district. A charter school receiving property 1339 from the school district may not sell or dispose of such 1340 property without written permission of the school district. 1341 Similarly, for an existing public school converting to charter 1342 status, no rental or leasing fee for the existing facility or 1343 for the property normally inventoried to the conversion school 1344 may be charged by the district school board to the parents and 1345 teachers organizing the charter school. The charter school shall 1346 agree to reasonable maintenance provisions in order to maintain 1347 the facility in a manner similar to district school board 1348 standards. The Public Education Capital Outlay maintenance funds 1349 or any other maintenance funds generated by the facility 1350 operated as a conversion school shall remain with the conversion 1351 school. 1352 (f) To the extent that charter school facilities are 1353 specifically created to mitigate the educational impact created 1354 by the development of new residential dwelling units, pursuant 1355 to subparagraph (2)(c)4., some of or all of the educational 1356 impact fees required to be paid in connection with the new 1357 residential dwelling units may be designated instead for the 1358 construction of the charter school facilities that will mitigate 1359 the student station impact. Such facilities shall be built to 1360 the State Requirements for Educational Facilities and shall be 1361 owned by a public or nonprofit entity. The local school district 1362 retains the right to monitor and inspect such facilities to 1363 ensure compliance with the State Requirements for Educational 1364 Facilities. If a facility ceases to be used for public 1365 educational purposes, either the facility shall revert to the 1366 school district subject to any debt owed on the facility, or the 1367 owner of the facility shall have the option to refund all 1368 educational impact fees utilized for the facility to the school 1369 district. The district and the owner of the facility may 1370 contractually agree to another arrangement for the facilities if 1371 the facilities cease to be used for educational purposes. The 1372 owner of property planned or approved for new residential 1373 dwelling units and the entity levying educational impact fees 1374 shall enter into an agreement that designates the educational 1375 impact fees that will be allocated for the charter school 1376 student stations and that ensures the timely construction of the 1377 charter school student stations concurrent with the expected 1378 occupancy of the residential units. The application for use of 1379 educational impact fees shall include an approved charter school 1380 application. To assist the school district in forecasting 1381 student station needs, the entity levying the impact fees shall 1382 notify the affected district of any agreements it has approved 1383 for the purpose of mitigating student station impact from the 1384 new residential dwelling units. 1385 (g) Each school district shall annually provide to the 1386 Department of Education as part of its 5-year work plan the 1387 number of existing vacant classrooms in each school that the 1388 district does not intend to use or does not project will be 1389 needed for educational purposes for the following school year. 1390 The department may recommend that a district make such space 1391 available to an appropriate charter school. 1392 (21)(19)CAPITAL OUTLAY FUNDING.—Charter schools are 1393 eligible for capital outlay funds pursuant to s. 1013.62. 1394 Capital outlay funds authorized in ss.s.1011.71(2) and 1013.62 1395 whichthathave been shared with a charter school-in-the 1396 workplace prior to July 1, 2010, are deemed to have met the 1397 authorized expenditure requirements for such funds. 1398 (22)(20)SERVICES.— 1399 (a)1. A sponsor shall provide certain administrative and 1400 educational services to charter schools. These services shall 1401 include contract management services; full-time equivalent and 1402 data reporting services; exceptional student education 1403 administration services; services related to eligibility and 1404 reporting duties required to ensure that school lunch services 1405 under the federal lunch program, consistent with the needs of 1406 the charter school, are provided by the school district at the 1407 request of the charter school, that any funds due to the charter 1408 school under the federal lunch program be paid to the charter 1409 school as soon as the charter school begins serving food under 1410 the federal lunch program, and that the charter school is paid 1411 at the same time and in the same manner under the federal lunch 1412 program as other public schools serviced by the sponsor or the 1413 school district; test administration services, including payment 1414 of the costs of state-required or district-required student 1415 assessments; processing of teacher certificate data services; 1416 and information services, including equal access to student 1417 information systems that are used by public schools in the 1418 district in which the charter school is located. Student 1419 performance data for each student in a charter school, 1420 including, but not limited to, FCAT scores, standardized test 1421 scores, previous public school student report cards, and student 1422 performance measures, shall be provided by the sponsor to a 1423 charter school in the same manner provided to other public 1424 schools in the district. 1425 2. A total administrative fee for the provision of such 1426 services shall be calculated based upon up to 5 percent of the 1427 available funds defined in paragraph (19)(b)(17)(b)for all 1428 students. However, a sponsor may only withhold up to a 5-percent 1429 administrative fee for enrollment for up to and including 250 1430 students. For charter schools with a population of 251 or more 1431 students, the difference between the total administrative fee 1432 calculation and the amount of the administrative fee withheld 1433 may only be used for capital outlay purposes specified in s. 1434 1013.62(2). 1435 3. In addition, a sponsor may withhold only up to a 5 1436 percent administrative fee for enrollment for up to and 1437 including 500 students within a system of charter schools which 1438 meets all of the following: 1439 a. Includes both conversion charter schools and 1440 nonconversion charter schools; 1441 b. Has all schools located in the same county; 1442 c. Has a total enrollment exceeding the total enrollment of 1443 at least one school district in the state; 1444 d. Has the same governing board; and 1445 e. Does not contract with a for-profit service provider for 1446 management of school operations. 1447 4. The difference between the total administrative fee 1448 calculation and the amount of the administrative fee withheld 1449 pursuant to subparagraph 3. may be used for instructional and 1450 administrative purposes as well as for capital outlay purposes 1451 specified in s. 1013.62(2). 1452 5. Each charter school shall receive 100 percent of the 1453 funds awarded to that school pursuant to s. 1012.225. Sponsors 1454 shall not charge charter schools any additional fees or 1455 surcharges for administrative and educational services in 1456 addition to the maximum 5-percent administrative fee withheld 1457 pursuant to this paragraph. 1458 (b) If goods and services are made available to the charter 1459 school through the contract with the school district, they shall 1460 be provided to the charter school at a rate no greater than the 1461 district’s actual cost unless mutually agreed upon by the 1462 charter school and the sponsor in a contract negotiated 1463 separately from the charter. When mediation has failed to 1464 resolve disputes over contracted services or contractual matters 1465 not included in the charter, an appeal may be made for a dispute 1466 resolution hearing before the Charter School Appeal Commission. 1467 To maximize the use of state funds, school districts shall allow 1468 charter schools to participate in the sponsor’s bulk purchasing 1469 program if applicable. 1470 (c) Transportation of charter school students shall be 1471 provided by the charter school consistent with the requirements 1472 of subpart I.E. of chapter 1006 and s. 1012.45. The governing 1473 body of the charter school may provide transportation through an 1474 agreement or contract with the district school board, a private 1475 provider, or parents. The charter school and the sponsor shall 1476 cooperate in making arrangements that ensure that transportation 1477 is not a barrier to equal access for all students residing 1478 within a reasonable distance of the charter school as determined 1479 in its charter. 1480 (23)(21)PUBLIC INFORMATION ON CHARTER SCHOOLS.— 1481 (a) The Department of Education shall provide information 1482 to the public, directly and through sponsors, on how to form and 1483 operate a charter school and how to enroll in a charter school 1484 once it is created. This information mustshallinclude a 1485 standard application format, charter format, evaluation 1486 instrument, and charter renewal format, which mustshallinclude 1487 the information specified in subsection (7) and shall be 1488 developed by consulting and negotiating with both school 1489 districts and charter schools before implementation. The charter 1490 and charter renewal formats shall be used by charter school 1491 sponsors. 1492 (b)1. The Department of Education shall report student 1493 assessment data pursuant to s. 1008.34(3)(c) which is reported 1494 to schools that receive a school grade or student assessment 1495 data pursuant to s. 1008.341(3) which is reported to alternative 1496 schools that receive a school improvement rating to each charter 1497 school that: 1498 a. Does not receive a school grade pursuant to s. 1008.34 1499 or a school improvement rating pursuant to s. 1008.341; and 1500 b. Serves at least 10 students who are tested on the 1501 statewide assessment test pursuant to s. 1008.22. 1502 2. The charter school shall report the information in 1503 subparagraph 1. to each parent of a student at the charter 1504 school, the parent of a child on a waiting list for the charter 1505 school, the district in which the charter school is located, and 1506 the governing board of the charter school. This paragraph does 1507 not abrogate the provisions of s. 1002.22, relating to student 1508 records, or the requirements of 20 U.S.C. s. 1232g, the Family 1509 Educational Rights and Privacy Act. 1510 3.a. Pursuant to this paragraph, the Department of 1511 Education shall compare the charter school student performance 1512 data for each charter school in subparagraph 1. with the student 1513 performance data in traditional public schools in the district 1514 in which the charter school is located and other charter schools 1515 in the state. For alternative charter schools, the department 1516 shall compare the student performance data described in this 1517 paragraph with all alternative schools in the state. The 1518 comparative data shall be provided by the following grade 1519 groupings: 1520 (I) Grades 3 through 5; 1521 (II) Grades 6 through 8; and 1522 (III) Grades 9 through 11. 1523 b. Each charter school shall provide the information 1524 specified in this paragraph on its Internet website and also 1525 provide notice to the public at large in a manner provided by 1526 the rules of the State Board of Education. The State Board of 1527 Education shall adopt rules to administer the notice 1528 requirements of this subparagraph pursuant to ss. 120.536(1) and 1529 120.54. The website shall include, through links or actual 1530 content, other information related to school performance. 1531(22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.—1532(a) The Department of Education shall staff and regularly1533convene a Charter School Review Panel in order to review issues,1534practices, and policies regarding charter schools. The1535composition of the review panel shall include individuals with1536experience in finance, administration, law, education, and1537school governance, and individuals familiar with charter school1538construction and operation. The panel shall include two1539appointees each from the Commissioner of Education, the1540President of the Senate, and the Speaker of the House of1541Representatives. The Governor shall appoint three members of the1542panel and shall designate the chair. Each member of the panel1543shall serve a 1-year term, unless renewed by the office making1544the appointment. The panel shall make recommendations to the1545Legislature, to the Department of Education, to charter schools,1546and to school districts for improving charter school operations1547and oversight and for ensuring best business practices at and1548fair business relationships with charter schools.1549(b) The Legislature shall review the operation of charter1550schools during the 2010 Regular Session of the Legislature.1551 (24)(23)ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon 1552 receipt of the annual report required by paragraph (9)(k), the 1553 Department of Education shall provide to the State Board of 1554 Education, the Commissioner of Education, the Governor, the 1555 President of the Senate, and the Speaker of the House of 1556 Representatives an analysis and comparison of the overall 1557 performance of charter school students, to include all students 1558 whose scores are counted as part of the statewide assessment 1559 program, versus comparable public school students in the 1560 district as determined by the statewide assessment program 1561 currently administered in the school district, and other 1562 assessments administered pursuant to s. 1008.22(3). 1563 (25)(24)RESTRICTION ON EMPLOYMENT OF RELATIVES.— 1564 (a) This subsection applies to charter school personnel in 1565 a charter school operated by a private entity. As used in this 1566 subsection, the term: 1567 1. “Charter school personnel” means a charter school owner, 1568 president, chairperson of the governing board of directors, 1569 superintendent, governing board member, principal, assistant 1570 principal, or any other person employed by the charter school 1571 who has equivalent decisionmaking authority and in whom is 1572 vested the authority, or to whom the authority has been 1573 delegated, to appoint, employ, promote, or advance individuals 1574 or to recommend individuals for appointment, employment, 1575 promotion, or advancement in connection with employment in a 1576 charter school, including the authority as a member of a 1577 governing body of a charter school to vote on the appointment, 1578 employment, promotion, or advancement of individuals. 1579 2. “Relative” means father, mother, son, daughter, brother, 1580 sister, uncle, aunt, first cousin, nephew, niece, husband, wife, 1581 father-in-law, mother-in-law, son-in-law, daughter-in-law, 1582 brother-in-law, sister-in-law, stepfather, stepmother, stepson, 1583 stepdaughter, stepbrother, stepsister, half brother, or half 1584 sister. 1585 (b) Charter school personnel may not appoint, employ, 1586 promote, or advance, or advocate for appointment, employment, 1587 promotion, or advancement, in or to a position in the charter 1588 school in which the personnel are serving or over which the 1589 personnel exercises jurisdiction or control any individual who 1590 is a relative. An individual may not be appointed, employed, 1591 promoted, or advanced in or to a position in a charter school if 1592 such appointment, employment, promotion, or advancement has been 1593 advocated by charter school personnel who serve in or exercise 1594 jurisdiction or control over the charter school and who is a 1595 relative of the individual or if such appointment, employment, 1596 promotion, or advancement is made by the governing board of 1597 which a relative of the individual is a member. 1598 (c) The approval of budgets does not constitute 1599 “jurisdiction or control” for the purposes of this subsection. 1600 1601 Charter school personnel in schools operated by a municipality 1602 or other public entity are subject to s. 112.3135. 1603 (26)(25)STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.— 1604 (a) A member of a governing board of a charter school, 1605 including a charter school operated by a private entity, is 1606 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3). 1607 (b) A member of a governing board of a charter school 1608 operated by a municipality or other public entity is subject to 1609 s. 112.3144, which relates to the disclosure of financial 1610 interests. 1611 (27)(26)RULEMAKING.—The Department of Education, after1612consultation with school districts and charter school directors,1613shall recommend that the State Board of Education adopt rules to1614implement specific subsections of this section. Such rules shall1615require minimum paperwork and shall not limit charter school1616flexibility authorized by statute.The State Board of Education 1617 shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to 1618 implement this section, including a charter model application 1619 form, evaluation instrument, and charter and charter renewal 1620 formatsin accordance with this section. 1621 Section 4. Paragraph (c) of subsection (10) and subsection 1622 (13) of section 1002.34, Florida Statutes, are amended to read: 1623 1002.34 Charter technical career centers.— 1624 (10) EXEMPTION FROM STATUTES.— 1625 (c) A center must comply with the antidiscrimination 1626 provisions in s. 1000.05 and the provisions in s. 1002.33(25)s.16271002.33(24)which relate to the employment of relatives. 1628 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors 1629 of a center may decide matters relating to the operation of the 1630 school, including budgeting, curriculum, and operating 1631 procedures, subject to the center’s charter. The board of 1632 directors is responsible for performing the duties provided in 1633 s. 1002.345, including monitoring the corrective action plan. 1634 The board of directors must comply with s. 1002.33(26)s.16351002.33(25). 1636 Section 5. Section 1011.68, Florida Statutes, is amended to 1637 read: 1638 1011.68 Funds for student transportation.—The annual 1639 allocation to each district for transportation to public school 1640 programs, including charter schools as provided in s. 1641 1002.33(19)(b)s.1002.33(17)(b), of students in membership in 1642 kindergarten through grade 12 and in migrant and exceptional 1643 student programs below kindergarten shall be determined as 1644 follows: 1645 (1) Subject to the rules of the State Board of Education, 1646 each district shall determine the membership of students who are 1647 transported: 1648 (a) By reason of living 2 miles or more from school. 1649 (b) By reason of being students with disabilities or 1650 enrolled in a teenage parent program, regardless of distance to 1651 school. 1652 (c) By reason of being in a state prekindergarten program, 1653 regardless of distance from school. 1654 (d) By reason of being career, dual enrollment, or students 1655 with disabilities transported from one school center to another 1656 to participate in an instructional program or service; or 1657 students with disabilities, transported from one designation to 1658 another in the state, provided one designation is a school 1659 center and provided the student’s individual educational plan 1660 (IEP) identifies the need for the instructional program or 1661 service and transportation to be provided by the school 1662 district. A “school center” is defined as a public school 1663 center, community college, state university, or other facility 1664 rented, leased, or owned and operated by the school district or 1665 another public agency. A “dual enrollment student” is defined as 1666 a public school student in membership in both a public secondary 1667 school program and a community college or a state university 1668 program under a written agreement to partially fulfill ss. 1669 1003.435 and 1007.23 and earning full-time equivalent membership 1670 under s. 1011.62(1)(i). 1671 (e) With respect to elementary school students whose grade 1672 level does not exceed grade 6, by reason of being subjected to 1673 hazardous walking conditions en route to or from school as 1674 provided in s. 1006.23. Such rules shall, when appropriate, 1675 provide for the determination of membership under this paragraph 1676 for less than 1 year to accommodate the needs of students who 1677 require transportation only until such hazardous conditions are 1678 corrected. 1679 (f) By reason of being a pregnant student or student 1680 parent, and the child of a student parent as provided in s. 1681 1003.54, regardless of distance from school. 1682 (2) The allocation for each district shall be calculated 1683 annually in accordance with the following formula: 1684 1685 T = B + EX. The elements of this formula are defined as 1686 follows: T is the total dollar allocation for transportation. B 1687 is the base transportation dollar allocation prorated by an 1688 adjusted student membership count. The adjusted membership count 1689 shall be derived from a multiplicative index function in which 1690 the base student membership is adjusted by multiplying it by 1691 index numbers that individually account for the impact of the 1692 price level index, average bus occupancy, and the extent of 1693 rural population in the district. EX is the base transportation 1694 dollar allocation for disabled students prorated by an adjusted 1695 disabled student membership count. The base transportation 1696 dollar allocation for disabled students is the total state base 1697 disabled student membership count weighted for increased costs 1698 associated with transporting disabled students and multiplying 1699 it by an average per student cost for transportation as 1700 determined by the Legislature. The adjusted disabled student 1701 membership count shall be derived from a multiplicative index 1702 function in which the weighted base disabled student membership 1703 is adjusted by multiplying it by index numbers that individually 1704 account for the impact of the price level index, average bus 1705 occupancy, and the extent of rural population in the district. 1706 Each adjustment factor shall be designed to affect the base 1707 allocation by no more or less than 10 percent. 1708 (3) The total allocation to each district for 1709 transportation of students shall be the sum of the amounts 1710 determined in subsection (2). If the funds appropriated for the 1711 purpose of implementing this section are not sufficient to pay 1712 the base transportation allocation and the base transportation 1713 allocation for disabled students, the Department of Education 1714 shall prorate the available funds on a percentage basis. If the 1715 funds appropriated for the purpose of implementing this section 1716 exceed the sum of the base transportation allocation and the 1717 base transportation allocation for disabled students, the base 1718 transportation allocation for disabled students shall be limited 1719 to the amount calculated in subsection (2), and the remaining 1720 balance shall be added to the base transportation allocation. 1721 (4) No district shall use funds to purchase transportation 1722 equipment and supplies at prices which exceed those determined 1723 by the department to be the lowest which can be obtained, as 1724 prescribed in s. 1006.27(1). 1725 (5) Funds allocated or apportioned for the payment of 1726 student transportation services may be used to pay for 1727 transportation of students to and from school on local general 1728 purpose transportation systems. Student transportation funds may 1729 also be used to pay for transportation of students to and from 1730 school in private passenger cars and boats when the 1731 transportation is for isolated students, or students with 1732 disabilities as defined by rule. Subject to the rules of the 1733 State Board of Education, each school district shall determine 1734 and report the number of assigned students using general purpose 1735 transportation private passenger cars and boats. The allocation 1736 per student must be equal to the allocation per student riding a 1737 school bus. 1738 (6) Notwithstanding other provisions of this section, in no 1739 case shall any student or students be counted for transportation 1740 funding more than once per day. This provision includes counting 1741 students for funding pursuant to trips in school buses, 1742 passenger cars, or boats or general purpose transportation. 1743 Section 6. Paragraph (b) of subsection (2) of section 1744 1012.32, Florida Statutes, is amended to read: 1745 1012.32 Qualifications of personnel.— 1746 (2) 1747 (b) Instructional and noninstructional personnel who are 1748 hired or contracted to fill positions in any charter school and 1749 members of the governing board of any charter school, in 1750 compliance with s. 1002.33(14)(f)s.1002.33(12)(g), must, upon 1751 employment, engagement of services, or appointment, undergo 1752 background screening as required under s. 1012.465 or s. 1753 1012.56, whichever is applicable, by filing with the district 1754 school board for the school district in which the charter school 1755 is located a complete set of fingerprints taken by an authorized 1756 law enforcement agency or an employee of the school or school 1757 district who is trained to take fingerprints. 1758 1759 Fingerprints shall be submitted to the Department of Law 1760 Enforcement for statewide criminal and juvenile records checks 1761 and to the Federal Bureau of Investigation for federal criminal 1762 records checks. A person subject to this subsection who is found 1763 ineligible for employment under s. 1012.315, or otherwise found 1764 through background screening to have been convicted of any crime 1765 involving moral turpitude as defined by rule of the State Board 1766 of Education, shall not be employed, engaged to provide 1767 services, or serve in any position that requires direct contact 1768 with students. Probationary persons subject to this subsection 1769 terminated because of their criminal record have the right to 1770 appeal such decisions. The cost of the background screening may 1771 be borne by the district school board, the charter school, the 1772 employee, the contractor, or a person subject to this 1773 subsection. 1774 Section 7. Paragraphs (a) and (e) of subsection (1) and 1775 subsection (2) of section 1013.62, Florida Statutes, are amended 1776 to read: 1777 1013.62 Charter schools capital outlay funding.— 1778 (1) In each year in which funds are appropriated for 1779 charter school capital outlay purposes, the Commissioner of 1780 Education shall allocate the funds among eligible charter 1781 schools. 1782 (a) To be eligible for a funding allocation, a charter 1783 school must: 1784 1.a. Have been in operation for 3 or more years; 1785 b. Be governed by a governing board established in the 1786 state for 3 or more years which operates both charter schools 1787 and conversion charter schools within the state; 1788 c. Be an expanded feeder chain of a charter school within 1789 the same school district that is currently receiving charter 1790 school capital outlay funds; 1791 d. Have been accredited by the Commission on Schools of the 1792 Southern Association of Colleges and Schools; or 1793 e. Serve students in facilities that are provided by a 1794 business partner for a charter school-in-the-workplace pursuant 1795 to s. 1002.33(17)(b)s.1002.33(15)(b). 1796 2. Have financial stability for future operation as a 1797 charter school. 1798 3. Have satisfactory student achievement based on state 1799 accountability standards applicable to the charter school. 1800 4. Have received final approval from its sponsor pursuant 1801 to s. 1002.33 for operation during that fiscal year. 1802 5. Serve students in facilities that are not provided by 1803 the charter school’s sponsor. 1804 (e) Unless otherwise provided in the General Appropriations 1805 Act, the funding allocation for each eligible charter school is 1806 determined by multiplying the school’s projected student 1807 enrollment by one-fifteenth of the cost-per-student station 1808 specified in s. 1013.64(6)(b) for an elementary, middle, or high 1809 school, as appropriate. If the funds appropriated are not 1810 sufficient, the commissioner shall prorate the available funds 1811 among eligible charter schools. However, a charter school or 1812 charter lab school may not receive state charter school capital 1813 outlay funds greater than the one-fifteenth cost per student 1814 station formula if the charter school’s combination of state 1815 charter school capital outlay funds, capital outlay funds 1816 calculated through the reduction in the administrative fee 1817 provided in s. 1002.33(22)s.1002.33(20), and capital outlay 1818 funds allowed in s. 1002.32(9)(e) and (h) exceeds the one 1819 fifteenth cost per student station formula. 1820 (2) A charter school’s governing body may use charter 1821 school capital outlay funds for the following purposes: 1822 (a) Purchase of real property. 1823 (b) Construction of school facilities. 1824 (c) Purchase, lease-purchase, or lease of permanent or 1825 relocatable school facilities. 1826 (d) Purchase of vehicles to transport students to and from 1827 the charter school. 1828 (e) Renovation, repair, and maintenance of school 1829 facilities that the charter school owns or is purchasing through 1830 a lease-purchase or long-term lease of 5 years or longer. 1831 (f) Effective July 1, 2008, purchase, lease-purchase, or 1832 lease of new and replacement equipment, and enterprise resource 1833 software applications that are classified as capital assets in 1834 accordance with definitions of the Governmental Accounting 1835 Standards Board, have a useful life of at least 5 years, and are 1836 used to support schoolwide administration or state-mandated 1837 reporting requirements. 1838 (g) Payment of the cost of premiums for property and 1839 casualty insurance necessary to insure the school facilities. 1840 (h) Purchase, lease-purchase, or lease of driver’s 1841 education vehicles; motor vehicles used for the maintenance or 1842 operation of plants and equipment; security vehicles; or 1843 vehicles used in storing or distributing materials and 1844 equipment. 1845 1846 Conversion charter schools may use capital outlay funds received 1847 through the reduction in the administrative fee provided in s. 1848 1002.33(22)s.1002.33(20)for renovation, repair, and 1849 maintenance of school facilities that are owned by the sponsor. 1850 (3) When a charter school is nonrenewed or terminated, any 1851 unencumbered funds and all equipment and property purchased with 1852 district public funds shall revert to the ownership of the 1853 district school board, as provided for in s. 1002.33(8)(e) and 1854 (f). In the case of a charter lab school, any unencumbered funds 1855 and all equipment and property purchased with university public 1856 funds shall revert to the ownership of the state university that 1857 issued the charter. The reversion of such equipment, property, 1858 and furnishings shall focus on recoverable assets, but not on 1859 intangible or irrecoverable costs such as rental or leasing 1860 fees, normal maintenance, and limited renovations. The reversion 1861 of all property secured with public funds is subject to the 1862 complete satisfaction of all lawful liens or encumbrances. If 1863 there are additional local issues such as the shared use of 1864 facilities or partial ownership of facilities or property, these 1865 issues shall be agreed to in the charter contract prior to the 1866 expenditure of funds. 1867 Section 8. (1) The Office of Program Policy Analysis and 1868 Government Accountability (OPPAGA) shall conduct a study that 1869 compares the funding of charter schools to the funding of 1870 traditional public schools. In conducting this study, OPPAGA 1871 shall: 1872 (a) Identify the school districts that distribute funds 1873 generated by the capital improvement millage authorized pursuant 1874 to s. 1011.71(2), Florida Statutes, to charter schools and the 1875 use of such funds by the charter schools. 1876 (b) Determine the amount of funds that would be available 1877 to charter schools if school districts equitably distribute to 1878 district schools, including charter schools, the funds generated 1879 by the capital improvement millage authorized pursuant to s. 1880 1011.71(2), Florida Statutes. 1881 (c) Examine the costs associated with supervising charter 1882 schools and determine whether the 5 percent administrative fee 1883 for administrative and educational services for charter schools 1884 covers the costs associated with the provision of the services. 1885 (d) Examine the distribution of IDEA funds. 1886 (2) OPPAGA shall make recommendations, if warranted, for 1887 improving the accountability and equity of the funding system 1888 for charter schools based on the findings of the study. The 1889 results of the study shall be submitted to the Governor, the 1890 President of the Senate, and the Speaker of the House of 1891 Representatives by January 1, 2012. 1892 Section 9. If any provision of this act or its application 1893 to any person or circumstance is held invalid, the invalidity 1894 does not affect other provisions or applications of the act 1895 which can be given effect without the invalid provision or 1896 application, and to this end the provisions of this act are 1897 severable. 1898 Section 10. This act shall take effect July 1, 2011.