TECHNICAL ASSISTANCE PAPER
TECHNICAL ASSISTANCE PAPER
No: 2006-13
Charter School Statute – HB 7103
Background
The 2006 Legislature enacted HB 7103 which substantially amends provisions of s. 1002.33, F.S., related to
charter schools. The bill revises numerous provisions related to charter school governance and academic and
financial accountability. In addition, it revises the purposes of charter schools, the charter school application,
renewal and appeals process and deadlines, and sponsor duties. The following summarizes the significant
changes to the statute.
Purposes of a Charter School
•
One of the five required purposes of a charter, creating new professional opportunities for teachers,
including ownership of the learning program at the school site, has been modified to become an
optional purpose.
Charter Application Process and Review
•
Beginning with the 2007-2008 school year, district school boards shall receive and consider charter
school applications received on or before
August 1
of the calendar year before the anticipated
opening. A district school board may receive applications later than this date if it chooses. For 2006,
the September 1 deadline applies.
•
If an application is denied, the district school board must provide, within 10 calendar days, a letter
identifying the specific reasons for denial and supporting documentation to the applicant and to the
Department of Education (DOE).
Charter Contract
•
The timeframe for developing and negotiating a charter contract between the charter school and the
sponsor has been revised. The sponsor has
60 days
to provide an initial proposed charter contract to
the school. Then the school and sponsor have
75 days
thereafter to negotiate and notice the charter
contract for final approval by the sponsor unless both parties agree to an extension.
•
The proposed charter contract shall be provided to the charter school at least
7 calendar days
prior to
the date of the meeting at which the charter is scheduled to be voted upon by the sponsor.
Terms of a Charter
•
The initial term of a charter is changed from 3-5 years to 4 or 5 years.
•
The maximum allowable term for charters of schools operated by private, not-for-profit corporations is
extended from 10 to 15 years.
•
The time specification of 5 years pertaining to how often a charter may be renewed is removed.
•
Requirements for 15-year charter renewals now include receiving a school grade of “A” or “B” in 3 of
the past 4 years and not being in a state of financial emergency or deficit position. These charters are
subject to annual review.
•
The requirement that no organization hold more than 15 charters statewide has been eliminated.
Increasing the Quantity and Improving the Quality of Educational Options
Contact Information:
Karen Hines-Henry
850-245-0502
karen.hines@fldoe.org
Independent Education
and Parental Choice
July 2006
Charter Nonrenewal or Termination
•
If a charter is not renewed or is terminated, the sponsor, within 10 calendar days, must articulate in
writing the specific reasons and must provide the letter of nonrenewal or termination and
documentation supporting the reasons to the charter school governing body, charter school principal,
and DOE. The governing body may, within 30 calendar days after receiving the sponsor’s final written
decision, appeal the decision.
•
The sponsor must notify in writing the charter school’s governing body, the charter school principal,
and DOE if a charter is immediately terminated. The sponsor shall clearly identify the specific issues
that resulted in the immediate termination and provide evidence of prior notification of issues resulting
in the immediate termination when appropriate. The charter school’s governing board now has 30
calendar days, increased from 14 days, after receiving the sponsor’s decision to terminate or refuse to
renew the charter to appeal the decision.
Sponsor Duties
•
A sponsor cannot impose additional reporting requirements on a charter school without providing
reasonable and specific justification in writing to the charter school.
•
The sponsor’s policies shall not apply to a charter school unless mutually agreed to by both the
sponsor and the charter school.
•
District school boards shall make timely and efficient payment and reimbursement to charter schools.
If a warrant for payment is not issued within
10
working days after receipt of funding by the district
school board, the school district shall pay to the charter school interest at a rate of 1 percent per
month calculated on a daily basis on the unpaid balance from the expiration of the
10
working days
until the warrant is issued.
•
A sponsor shall provide certain services to charter schools that include services related to eligibility
and reporting duties required to ensure that school lunch services under the federal lunch program,
consistent with the needs to the charter school, are provided by the school district at the request of the
charter school.
•
Student performance data for each student in a charter school, including, but not limited to, FCAT
scores, standardized test scores, previous public school student report cards, and student
performance measures, shall be provided by the sponsor to charter schools in the same manner
provided to other pubic schools in the district.
•
The standard application format, charter format, and charter renewal format, developed by DOE in
consultation and negotiation with school districts and charter schools, shall be used as guidelines by a
sponsor.
•
The sponsor has the authority to require and approve a financial recovery plan when a school is found
to be in a state of financial emergency.
Academic Accountability
•
The director and a representative of the governing body of a charter school that has received a school
grade of “D” shall appear before the sponsor at least once a year to present information concerning
each contract component having noted deficiencies. The sponsor shall communicate at the meeting,
and in writing to the director, the services provided to the school to help the school address its
deficiencies.
•
When a charter school receives a grade of “D” for two consecutive years or a grade of “F”, the
governing board director and a representative must submit a school improvement plan to raise student
achievement and to implement it the following year to the sponsor for approval. A separate technical
assistance paper will be issued providing guidelines for developing school improvement plans.
•
If a charter school fails to improve its student performance from the year immediately prior to the
implementation of a school improvement plan, the sponsor will place the school on probation and
require to charter school governing body to take corrective action (contract for the educational services
of the charter school; reorganize the school at the end of the school year under a new director or
principal who is authorized to hire new staff and implement a plan that addresses the causes of
inadequate progress; or reconstitute the charter school).
•
The sponsor may terminate the charter school at any time pursuant to the provisions of s. 1002.33(8),
F.S., causes for nonrenwal or termination of charter.
•
A school that is placed on probation will continue the corrective actions until the charter school
improves its student performance from the year prior to the implementation of the school improvement
plan or until the charter is revoked.
•
The director and a representative of the governing body of a graded charter school that has submitted
a school improvement plan or placed on probation, shall appear before the sponsor at least once a
year to present information regarding the corrective strategies being implemented to the school
improvement plan. The sponsor shall communicate at the meeting, and in writing to the director, the
services provided to the school to help the school address its deficiencies.
Fiscal Accountability
•
The revised statute clarifies that charter schools are included under the laws governing financial
emergencies and reporting, s. 218.503, F.S., and are subject to review and oversight by the charter
school sponsor.
•
A charter school shall notify the sponsor and the Legislative Auditing Committee when it is found to be
in a state of financial emergency. A financial emergency is determined when any one of the following
conditions occurs due to lack of funds:
o
Failure to pay short-term loans or make bond debt service or other long-term debt payments
when due;
o
Failure to pay uncontested claims from creditors within 90 days after the claim is presented;
o
Failure to transfer at the appropriate time: taxes withheld from employees; or employer or
employee contributions for federal social security, pension, retirement or benefit plan;
o
Failure for one pay period to pay wages, salaries or retirement benefits; or
o
Unreserved or total fund balance or retained earnings deficit, or unrestricted or total net assets
deficit as reported on the balance sheet or statement of net assets for which sufficient
resources are not available to cover the deficit.
•
Financial audits that reveal a state of financial emergency and are conducted by a certified public
accountant or auditor shall be provided to the governing body of the charter school within 7 working
days.
•
When a charter school is found to be in a state of financial emergency by a certified public accountant
or auditor, the school must file a detailed financial recovery plan with the sponsor within 30 days after
receipt of the audit. The department will establish guidelines for developing the financial recovery
plans.
Governing Board Responsibilities
•
The governing body of a charter school shall exercise continuing oversight over charter school
operations. New provisions to the charter school statute affecting governing board responsibilities
include:
o
The governing board shall ensure that the charter school has retained the services of a
certified public accountant or auditor for the annual financial audit.
o
The audit report, including audit findings and recommendation for the financial recovery plan,
are reviewed and approved by the governing board.
o
The financial recovery plan is monitored for compliance.
Conversion Charter Schools
•
A school board denying an application for a conversion charter school must provide notice to the
applicant in writing within
10 days
after the meeting at which the board denied the application.
•
The district school board will consult and negotiate with the conversion charter school every 3 years to
determine whether realignment of the conversion charter school’s attendance zone is appropriate in
order to ensure that students residing closest to the school are provided an enrollment preference.
•
Conversion charter schools shall utilize facilities that comply with State Requirements for Educational
Facilities provided that the school district and the school have entered into a mutual management plan
for the reasonable maintenance of such facilities. This mutual management plan shall contain a
provision by which the district school board agrees to maintain the school facilities in the same manner
as other public schools within the district.
Facilities
•
Library, community service, museum, performing arts, theatre, cinema, church, community college,
and university facilities may provide space to charter schools within their facilities under their
preexisting zoning and land use designations.
•
Charter school facilities are exempt from assessments of fees for building permits, except as provided
in s. 553.80, fees for building and occupational licenses, and impact fees or service availability fees.
•
Charter schools may be included, at the discretion of the school board, in the 2 mill levy for school
purposes.
Special Academic Programs
•
Charter school programs are removed from special academic programs for which transitioning military
families have first priority.
Additional Resources and Information
The charter schools statute, s. 1002.33, F.S.: http://www.flsenate.gov/Statutes/index.cfm?App_mode=
Display_Statute&Search_String=&URL=Ch1002/SEC33.HTM&Title=->2005->Ch1002-
>Section%2033#1002.33
The state of financial emergency statute, s. 218.503, F.S.: http://www.flsenate.gov/Statutes/
index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/SEC503.HTM&Title=->2005-
>Ch0218->Section%20503#0218.503
Annual financial audit reports, s. 218.39, F.S.: http://www.flsenate.gov/Statutes/index.cfm?
App_mode=Display_Statute&Search_String=&URL=Ch0218/SEC39.HTM&Title=->2005->Ch0218-
>Section%2039#0218.39
Fees for building permits, s. 553.80, F.S.: http://www.flsenate.gov/Statutes/index.cfm?
App_mode=Display_Statute&Search_String=&URL=Ch0553/SEC80.HTM&Title=->2005->Ch0553-
>Section%2080#0553.80
The Florida Department of Education, Office of Independent Education and Parental Choice:
http://www.floridaschoolchoice.org
For questions and information on charter schools, contact Karen Hines-Henry at 850-245-0502 or
karen.hines@fldoe.org
