CS for SB 2262 First Engrossed
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 1002.33, F.S.; revising requirements for providing
4 financial statements to the sponsor of a charter
5 school; authorizing a governing body to oversee
6 multiple charter schools; providing requirements for
7 designation as a high-performing charter school;
8 authorizing a high-performing charter school to
9 increase enrollment and receive capital outlay funds;
10 authorizing a newly approved charter school operated
11 by a high-performing education service provider to
12 receive a 15-year initial charter and become a high
13 performing charter school; providing requirements for
14 retention of designation as a high-performing charter
15 school; authorizing preference for enrollment in a
16 charter school-in-the-workplace and a charter school
17 in-a-municipality for certain students; authorizing a
18 nonprofit organization to operate multiple charter
19 schools as a network of affiliated schools; revising
20 requirements for the establishment of a charter
21 school-in-the-workplace; providing that a charter
22 school-in-the-workplace is eligible for capital outlay
23 funding if it meets specified requirements; removing a
24 reporting requirement relating to student assessment
25 data; requiring the Office of Program Policy Analysis
26 and Government Accountability to conduct a study
27 comparing the funding of charter schools with
28 traditional public schools and examining certain
29 funding and costs; requiring recommendations to the
30 Governor and Legislature, if warranted, for improving
31 the accountability and equity of the funding system
32 for charter schools; creating s. 1002.46, F.S.;
33 providing for the establishment of charter virtual
34 schools; providing requirements for participation in
35 the program; providing requirements for student
36 eligibility; providing for funding; providing
37 exceptions from certain requirements; providing an
38 effective date.
40 Be It Enacted by the Legislature of the State of Florida:
42 Section 1. Paragraphs (g) and (i) of subsection (9),
43 paragraph (d) of subsection (10), paragraph (b) of subsection
44 (15), and paragraph (b) of subsection (21) of section 1002.33,
45 Florida Statutes, are amended, and paragraph (q) is added to
46 subsection (9) of that section, to read:
47 1002.33 Charter schools.—
48 (9) CHARTER SCHOOL REQUIREMENTS.—
49 (g) In order to provide financial information that is
50 comparable to that reported for other public schools, charter
51 schools are to maintain all financial records that constitute
52 their accounting system:
53 1. In accordance with the accounts and codes prescribed in
54 the most recent issuance of the publication titled “Financial
55 and Program Cost Accounting and Reporting for Florida Schools”;
57 2. At the discretion of the charter school governing board,
58 a charter school may elect to follow generally accepted
59 accounting standards for not-for-profit organizations, but must
60 reformat this information for reporting according to this
63 Charter schools shall provide annual financial report and
64 program cost report information in the state-required formats
65 for inclusion in district reporting in compliance with s.
66 1011.60(1). Charter schools that are operated by a municipality
67 or are a component unit of a parent nonprofit organization may
68 use the accounting system of the municipality or the parent but
69 must reformat this information for reporting according to this
70 paragraph. A charter school shall provide a monthly financial
71 statement to the sponsor, unless the charter school is
72 designated as a high-performing charter school under paragraph
73 (q), in which case the high-performing charter school shall
74 provide a quarterly financial statement. The
75 statement required under this paragraph shall be in a form
76 prescribed by the Department of Education.
77 (i) The governing body of the charter school shall exercise
78 continuing oversight over charter school operations. A governing
79 body may oversee more than one charter school in more than one
80 school district.
81 (q)1. For purposes of this paragraph, the term:
82 a. “Entity” means a municipality or other public entity as
83 authorized by law to operate a charter school; a private, not
84 for-profit, s. 501(c)(3) status corporation; or a private, for
85 profit corporation.
86 b. “High-performing education service provider” means an
87 entity that:
88 (I) Operates at least two high-performing charter schools
89 in this state;
90 (II) Has received a school grade of “A” or “B” during the
91 previous 3 years for at least 75 percent of the charter schools
92 operated by the entity in this state; and
93 (III) Has not received a school grade of “F” during any of
94 the previous 3 years for any charter school operated by the
95 entity in this state.
96 2. A charter school shall be designated as a high
97 performing charter school if during each of the previous 3 years
98 the charter school:
99 a. Received a school grade of “A” or “B”;
100 b. Received an unqualified opinion on each financial audit
101 required under s. 218.39; and
102 c. Did not receive a financial audit that revealed one or
103 more of the conditions set forth in s. 218.503(1).
104 3. A high-performing charter school may:
105 a. Increase the school’s student enrollment once per year
106 by up to 25 percent more than the capacity authorized pursuant
107 to paragraph (10)(h).
108 b. Receive charter school capital outlay funds under s.
109 1013.62. A high-performing charter school is not required to
110 comply with s. 1013.62(1)(a)1.-3. but must comply with all other
111 requirements of s. 1013.62 in order to receive charter school
112 capital outlay funds as provided in this sub-subparagraph.
113 4. A high-performing education service provider may submit
114 an application pursuant to subsection (6) to establish and
115 operate a new charter school that will replicate one or more of
116 the provider’s existing high-performing charter schools. Upon
117 approval of the application by the sponsor, the new charter
118 school shall be granted an initial charter for a term of 15
119 years and be designated as a high-performing charter school. The
120 15-year charter is subject to annual review and may be
121 terminated during its term pursuant to subsection (8).
122 5.a. A charter school that is designated as a high
123 performing charter school may retain such designation pursuant
125 (I) Subparagraph 2. if the school’s governing board, by
126 July 1 of each year, demonstrates in writing to the school’s
127 sponsor that the charter school continues to meet the
128 requirements of subparagraph 2.
129 (II) Subparagraph 4. during the school’s initial 3 years of
130 operation if the entity operating the school continues to meet
131 the definition of a high-performing education service provider
132 under sub-subparagraph 1.b. After the high-performing charter
133 school has operated for 3 years, the school must comply with
134 sub-sub-subparagraph (I) in order to retain its designation as a
135 high-performing charter school.
136 b. The high-performing charter school designation shall be
137 removed if the charter school does not meet the requirements of
138 sub-subparagraph a.
139 (10) ELIGIBLE STUDENTS.—
140 (d) A charter school may give enrollment preference to the
141 following student populations:
142 1. Students who are siblings of a student enrolled in the
143 charter school.
144 2. Students who are the children of a member of the
145 governing board of the charter school.
146 3. Students who are the children of an employee of the
147 charter school.
148 4. Students who are the children of an employee of a
149 business or corporation that is in partnership with a charter
150 school-in-the-workplace or students who are the children of a
151 resident of a municipality that operates a charter school-in-a
152 municipality pursuant to subsection (15).
153 (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
155 (b) A charter school-in-the-workplace may be established
156 when a business partner or a municipality:
157 1. Provides one of the following:
158 a. Access to a the school facility to be used;
159 b. Resources that materially reduce the cost of
160 constructing a school facility;
161 c. Land for a school facility; or
162 d. Resources to maintain a school facility;
163 2. Enrolls students based upon a random lottery that
164 involves all of the children of employees of that business,
165 corporation, or within that municipality, or corporation who are
166 seeking enrollment, as provided for in subsection (10); and
167 3. Enrolls students according to the racial/ethnic balance
168 provisions described in subparagraph (7)(a)8.
170 A charter school-in-the-workplace is eligible for charter school
171 capital outlay funding if it meets the requirements in s.
172 1013.62. Any portion of a facility used for a public charter
173 school shall be exempt from ad valorem taxes, as provided for in
174 s. 1013.54, for the duration of its use as a public school.
175 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
176 (b)1. The Department of Education shall report student
177 assessment data pursuant to s. 1008.34(3)(c) which is reported
178 to schools that receive a school grade or student assessment
179 data pursuant to s. 1008.341(3) which is reported to alternative
180 schools that receive a school improvement rating to each charter
181 school that:
182 a. Does not receive a school grade pursuant to s. 1008.34
183 or a school improvement rating pursuant to s. 1008.341; and
184 b. Serves at least 10 students who are tested on the
185 statewide assessment test pursuant to s. 1008.22.
186 2. The charter school shall report the information in
187 subparagraph 1. to each parent of a student at the charter
188 school, the parent of a child on a waiting list for the charter
189 school, the district in which the charter school is located, and
190 the governing board of the charter school. This paragraph does
191 not abrogate the provisions of s. 1002.22, relating to student
192 records, or the requirements of 20 U.S.C. s. 1232g, the Family
193 Educational Rights and Privacy Act.
194 3.a. Pursuant to this paragraph, the Department of
195 Education shall compare the charter school student performance
196 data for each charter school in subparagraph 1. with the student
197 performance data in traditional public schools in the district
198 in which the charter school is located and other charter schools
199 in the state. For alternative charter schools, the department
200 shall compare the student performance data described in this
201 paragraph with all alternative schools in the state. The
202 comparative data shall be provided by the following grade
204 (I) Grades 3 through 5;
205 (II) Grades 6 through 8; and
206 (III) Grades 9 through 11.
207 b. Each charter school shall provide the information
208 specified in this paragraph on its Internet website and also
209 provide notice to the public at large in a manner provided by
210 the rules of the State Board of Education. The State Board of
211 Education shall adopt rules to administer the notice
212 requirements of this subparagraph pursuant to ss. 120.536(1) and
213 120.54. The website shall include, through links or actual
214 content, other information related to school performance.
215 Section 2. (1) The Office of Program Policy Analysis and
216 Government Accountability (OPPAGA) shall conduct a study
217 comparing the funding of charter schools with traditional public
218 schools and shall:
219 (a) Identify the school districts that distribute funds
220 generated by the capital improvement millage authorized pursuant
221 to s. 1011.71(2), Florida Statutes, to charter schools and the
222 use of such funds by the charter schools.
223 (b) Determine the amount of funds that would be available
224 to charter schools if school districts equitably distribute to
225 district schools, including charter schools, funds generated by
226 the capital improvement millage authorized pursuant to s.
227 1011.71(2), Florida Statutes.
228 (c) Examine the costs associated with supervising charter
229 schools and determine if the 5 percent administrative fee for
230 administrative and educational services for charter schools
231 covers the costs associated with the provision of the services.
232 (2) OPPAGA shall make recommendations, if warranted, for
233 improving the accountability and equity of the funding system
234 for charter schools based on the findings of the study. The
235 results of the study shall be provided to the Governor, the
236 President of the Senate, and the Speaker of the House of
237 Representatives no later than January 1, 2011.
238 Section 3. Section 1002.46, Florida Statutes, is created to
240 1002.46 Charter virtual school.—
241 (1) ESTABLISHMENT.—A charter virtual school shall be part
242 of the state’s program of public education.
243 (2) VIRTUAL INSTRUCTION.—A provider of virtual instruction
244 that has been approved by the Department of Education pursuant
245 to s. 1002.45 and that has a charter school agreement approved
246 by a district school board pursuant to s. 1002.33 may be
247 established as a charter virtual school as provided in this
248 section and may provide virtual instruction to students who
249 reside in the district in which the charter is granted.
250 (3) PROGRAM REQUIREMENTS.—A charter virtual school must
251 meet the requirements of program definitions, provider
252 qualifications, virtual instruction, contract requirements,
253 student participation, and assessment and accountability as
254 provided in s. 1002.45(1)(a) and (b), (2), (3), (4), (6), and
256 (4) STUDENT ELGIBILITY.—A charter virtual school may enroll
257 a student who resides in the school district in which the
258 charter is granted and meets the requirements of s.
259 1002.45(5)(a), (b), or (c).
260 (5) FUNDING.—Funding for a charter virtual school shall be
261 through the Florida Education Finance Program as follows:
262 (a) A full-time equivalent student shall be reported as
263 required under s. 1011.61(1)(c)1.b.(III) or (IV).
264 (b) A charter virtual school shall report its full-time
265 equivalent students to the school district in which the charter
266 is granted in the manner prescribed by the Department of
268 (c) School districts shall report charter virtual school
269 full-time equivalent students to the Department of Education in
270 the manner prescribed by the department and the eligible FTE
271 shall be funded through the Florida Education Finance Program.
272 (d) For each eligible full-time equivalent student reported
273 by a charter virtual school and funded in the Florida Education
274 Finance Program, the school district shall receive an annual
275 allocation for operation which is equivalent to the funds per
276 unweighted student as provided to the Florida Virtual School.
277 This amount shall be included in the basic amount to be included
278 for operation under the Florida Education Finance Program for
279 each district; however, these payments and full-time equivalent
280 students may not be used for any other calculation under the
281 Florida Education Finance Program. The school district may
282 retain an administrative fee pursuant to s. 1002.33(20)(a) prior
283 to the distribution of funds to the charter virtual school.
284 (6) EXCEPTIONS.—A charter virtual school is not required to
285 meet the educational facilities or student transportation
286 requirements for charter schools under s. 1002.33.
287 Section 4. This act shall take effect July 1, 2010.