THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA Rule No. 11/05 POLICY MANUAL SECTION: POLICY TITLE: AUTHORITY FOR POLICY: Instruction CHARTER SCHOOLS 1002.33, 1013.62, 1003.62, and 1001.41 Florida Statutes Policy No. IO DATE OF ADOPTION BY SCHOOL BOARD: January 23, 1997 Revised: November 6, 1997 Revised: October 21, 1999 Revised: September 19, 2002 Revised: September 14, 2004 Revised: July 21, 2005 The School Board of Collier County, under Florida law, has the authority to approve charter schools for the purpose of increasing learning opportunities for students and encouraging innovation in other public schools with special emphasis on low achieving students, increasing the use of innovative learning methods, increasing choices for students, and creating new professional opportunities for teachers. This Rule is supplemental to existing statutes and to provisions of the Florida Administrative Code. I. Responsibility of Collier County Public Schools Administration A. Receive, review, and recommend to the District School Board of Collier County ( Board ) all charter applications. B. Develop a charter contract in cooperation with the applicant. C. Monitor charter contracts and makes recommendations to the Board. II. Eligibility for Charter Application The Board may sponsor one or more charters for schools serving any grade or combination of grades from kindergarten through grade twelve. Eligible proposals may be initiated by: A. New Charter Schools: 1. An individual, teachers, parents, municipality, or group of individuals. 2. Any legal entity organized under the laws of the State of Florida. B. Conversion of existing schools: Any existing public school is eligible to convert to a charter school. Eligible proposals may be initiated by the school board, principal, teachers, parents, and the school advisory council, or, alternatively, by the school advisory council alone. 1
III. IV. Legal Entity and Requirements A. The charter school shall: 1. Organize as a nonprofit organization. 2. Be non-sectarian in its programs, admissions policies, employment practices and operations. 3. Charge no tuition or fees except those fees normally charged by other public schools. 4. Meet all applicable state and local health, safety, and civil rights requirements. 5. Publish an annual progress report. 6. Provide an annual financial audit similar to that of the School District to the Board. 7. Analyze student performance. B. No single organization may operate more than one elementary, one middle and one high school charter contract in the district and no more than fifteen charters statewide. C. All charter schools must comply with all Federal and Florida Statutes and regulations applicable to public schools including, without limitation, those that relate to antidiscrimination, student health, safety, and welfare; public records; public meetings; public inspections; and penalties. Student Eligibility A. Participation and attendance of any student in a charter school is voluntary. If a public school converts to a charter school, parents may request non-participation and receive an assignment to a public school as determined by the District. B. All students who would have attended a public school that converts to a charter school will be eligible to attend. C. A charter school shall be open to any eligible student residing in the school district. Any eligible student shall be allowed inter-district transfer to attend a charter school when based on good cause. D. All students are eligible for participation. Students who are at-risk of academic failure as defined in Florida Statute 1002.33 shall be a priority. Equal opportunity shall be provided for exceptional education students and limited English proficient students. V. Student Selection for Charter Schools A. When a public school converts to charter status, enrollment preference shall be given to students who would have otherwise attended the public school. B. The charter school shall enroll an eligible student who submits a timely application. C. If the number of eligible students exceeds the capacity of the program, class, grade level or building, a lottery will be used to select students. VI. Student Assessment The charter school must implement a program to assess student achievement annually. The 2
school must participate in state and local testing programs established to comply with the statewide assessment program and district-required evaluations. VII. Student Records The charter school must maintain both active and archival records for current/former students (1002.42 Florida Statutes). All records of student progress (category A and B) must be transferred to the school system if the student is returning to Collier County Public Schools. Upon no renewal or termination of the charter contract, all student records (Category A and B) shall be transferred to the Board. VIII. FTE Reporting Funding for a charter school is based on the number of full-time-equivalent (FTE) students; therefore, it is essential that records of student attendance be maintained in a format consistent with state reporting requirements. The district will establish mechanisms for reporting and validating FTE. The charter school will, however, be fully responsible for collecting and maintaining accurate and appropriate records and for reporting attendance to the district in a timely manner. IX. Withdrawal of Students A. Parents may withdraw a student from a charter school at any time. B. Charter schools may not withdraw a student involuntarily, unless the withdrawal is through their established administrative procedures. C. The student withdrawing from a Charter School shall be enrolled in another public school as determined by the District. X. Transportation and Food Services A. Transportation and food services are the responsibility of charter schools, and must be provided according to district, state, and federal rules and regulations. B. A charter school may contract with the school district for transportation and/or food service, or may contract with a private provider. XI. Application for Charters A. Applications for charter schools shall be submitted on a standard application form approved by the Board for this purpose (Exhibit 1, new charter school, Exhibit 2, conversion of existing public school). No application will be accepted until the application is complete and all appropriate signatures are obtained. Any application will comply with all relevant Florida Statutes and Administrative Code sections. If an application is approved, a charter contract, including at a minimum all statutorily required terms, shall be negotiated between the governing body of the charter school and the sponsor. The approved application does not constitute the charter. The charter contract shall be finalized by the Board at a public meeting subject to Board approval at a public meeting. B. A committee as designated in Section XX" will review all applications and submit to the Superintendent all applications with a recommendation for approval or denial by the school board. 3
C. The Board will annually review approved applications for charter schools during the fifth through the twelfth school days of November of each year. Completed applications for charter schools are due by September 1 st the year prior to the proposed opening of the Charter School in order that materials and technical assistance can be provided. All applications shall be delivered to the Office of the Superintendent by 4:00 p.m. of the deadline date. Applications received after that date will not be accepted for that year. By the first school day of December, the applicant must submit potential enrollment and identify levels and Florida Education and Finance Program (FEFP) categories that will be included. D. An applicant for a conversion charter must provide the Board with a statement as to the balloting process proposed for use to determine the required teacher and parent support and submit underlying data to validate the outcome. The Board shall have the right to require any balloting process to be conducted under its supervision, including the scheduling of balloting on an annual basis. E. All applicable procedures, including appeals processes provided in Chapter 1002 of Florida Statutes are incorporated herein. XII. Facilities It is the responsibility of the applicant to have an appropriate facility consistent with all applicable Florida Statutes or provide evidence that one will be available for the beginning of the school year, consistent with the beginning day for students as listed on the approved public school calendar. A. A charter school shall utilize facilities, which comply with the State Uniform Building Code for Public Educational Facilities Construction adopted pursuant to Section 1001.44(34), Florida Statutes, or with applicable state minimum building codes pursuant to Chapter 553, Florida Statutes, and state minimum fire protection codes, pursuant to Section 633.025, Florida Statutes. B. School Board Property, which is leased to a charter school, shall be jointly inspected before occupancy by the charter school. The condition of the property, its compliance with the requirements noted above, and all exceptions shall be noted and documented. C. Upon expiration or termination of a charter, any Board property, which has been leased to the charter school, shall be restored to its original condition as noted in the joint inspection or as mutually agreed upon by the charter agency and Board. D. Board property which is leased to a charter school may be modified by the charter school provided such modifications meet the requirements and processes for educational facilities as stated in Chapter 1013, Florida Statutes and follow procedures of Board policy. XIII. Funding A. Funding for student enrollment in a charter school shall be the sum of district operating funds from the Florida Education Finance Program, including gross state and local funds, discretionary lottery funds, and discretionary operating millage funds, divided by total district funded weighted full-time-equivalent students times the weighted full-timeequivalent students of the particular charter school. Charter schools, if eligible, shall also receive their proportionate share of categorical program funds included in the Florida 4
Education Finance Program. B. Any eligible student enrolled in a charter school shall be provided federal funds for the same level of service provided other eligible students in the schools operated by the School Board. C. Total funding shall be recalculated during the school year to reflect actual weighted FTE students reported by the charter school during the FTE student survey periods. Reimbursement for additional days of instruction will be subject to the limits of the Florida Education Finance Program, General Appropriations Act and other rules or programs that restrict funding to the school district. D. A charter school shall not levy taxes or issue bonds secured by tax revenue. E. Any administrative fee charged by the school district for a charter school shall be limited five percent of available charter school funds, (not including capital outlay funds, federal and state grants, or any other funds unless explicitly provided by law). Administering the charter includes providing technical assistance, monitoring policy compliance, and processing invoices and other records as required. This does not include contract(s) for other specific services to staff or students, participation in benefit packages or other special programs, or administration and scoring of assessment instruments. F. Payment shall be made to the charter school no later than thirty (30) working days after receipt of an invoice. Payment shall be prorated based on actual receipt of state, local and eligible Federal funds by the Board. The payments during any fiscal year shall be adjusted to reflect the number of actual FTE students in membership during the FTE survey periods. The Charter school shall receive all federal funding for which it is eligible, including Title I, not later than five (5) months after the charter school first opens, assuming that the district has received the funds. G. Financial records shall be maintained by each charter school as provided for in the manual Financial and Program Cost Accounting and Reporting for Florida Schools. Each charter school must provide an unaudited annual financial statement to the Board no later than 60 days after the close of the fiscal year. An audited annual financial statement prepared by an independent auditor shall be provided no later than 90 days after the close of a fiscal year. H. The governing board of the charter school shall annually adopt and submit by July 1 st an operating budget and submit quarterly financial reports to the district. XIV. Insurance and Indemnification A. The governing body and employees of a charter school are governed by Section 1002.33, Florida Statutes. B. To the maximum extent allowed by law, the charter school shall defend, hold harmless and indemnify the District and Board, its members, officers, employees, representatives and agents against any and all claims, actions, losses, damages, injuries, liabilities, costs or expenses of any kind or nature including, but not limited to attorney s fees and court costs related in any way to any acts or omissions of the charter school, its members, officers, employees, representatives and agents, or to any future agreement between the Board and the charter school. C. The applicant shall comply with the insurance requirements of the Board as established by the Risk Management Department of the Division of Business Resources. Documented 5
proof of insurance shall be provided prior to the opening of school and on an annual basis thereafter. D. The insurance companies writing coverage must have and maintain a rating of A according to A.M. Best Company. XV. Students Rights, Discipline, and Safe Learning Environment Applicants must describe, in writing, the charter schools rules applicable to student rights, discipline, and safe learning environment, including progressive discipline procedures, and special education provisions and compliance with the Individuals with Disabilities Education Act and the No Child Left Behind Act. XVI. Employees of Charter Schools A. A charter school shall select its own employees. The provisions in Florida Statute 1002.33 are applicable to charter school employees. B. Leave 1. Board employees who wish to work for a new charter school may apply for leaves in accordance with Board policy and the negotiated agreements between the School Board and the appropriate associations. 2. Board employees who wish to work for a conversion charter may apply for Board approved leaves each year up to a maximum of three years in accordance with Board policy and the negotiated agreements between the School Board and the appropriate associations. C. Transfer of Board Employees. Employees who work at a school approved for a conversion to charter status but who do not wish to work for the charter will be transferred in accordance with the School Board/bargaining unit agreements. XVII. Non Renewal/Termination of Charter A. At the end of the term of charter, the sponsor may choose not to renew the charter for any of the following grounds: 1. Failure to meet the requirements for student performance stated in the charter. 2. Failure to meet generally accepted standards of fiscal management. 3. Violation of law. 4. Other good cause found sufficient by the School Board. At least 90 days prior to terminating the charter, the sponsor shall notify the charter s governing board in writing of its intent to terminate. B. When a charter is not renewed or is terminated pursuant to Florida Statute 1002.33 any unencumbered funds from the charter school shall revert to the School Board. In that event, all Board property and improvements, furnishings, and equipment purchased or maintained with public funds shall be peaceably delivered to the sponsor and automatically revert to full ownership by the Board. C. If a charter is not renewed or is terminated, the charter school is responsible for all debts of 6
the charter school. D. All renewal and termination provisions set forth in Florida Statute 1002.33 are incorporated herein. XVIII. Technical Assistance It is the responsibility of the applicant to request technical assistance in writing from the Florida Department of Education. The Board will provide application assistance to the extent feasible and within present resources, consistent with assistance provided to other contractors. XIX. Miscellaneous A. This rule is intended to be consistent with Florida Statute 1002.33, as amended, and all rules or regulations adopted by the Florida Department of Education applicable to charter schools ( State Legislation ). In the event there is a conflict between this rule and the State Legislation; the terms of the State Legislation shall prevail. B. The State Legislation is incorporated herein by reference and made a part of this Board rule. XX. Selection of Charter Schools A. A public announcement will be made prior to the due date for applications for charter schools, which intend to operate during the next school year. Applications, including instructions for obtaining technical assistance, will be provided to all requestors. B. All completed applications must be received in the Office of the Superintendent before 4:00 p.m. on September 1 st. All applications will be stamped with the date and time when they are received. C. A committee composed of the following members at the minimum shall review all applications and by majority vote make a recommendation for acceptance or denial of each application to the Superintendent: - Executive Director, Student Services, will be responsible for initial coordination of the review team. (1) - One principal; (1) - One teacher; (1) - Five community representatives (one nominated by each Board Member); (5) - One community and two parent representatives (selected by the Superintendent); (3) District staff will provide a review of District applications for the committee. All applications will be submitted to the Superintendent with an explanation of the recommendation for acceptance or denial, including the committee vote. The Board shall act on all applications within 60 days. Where applicable, committee members will have experience at the level for which the charter application is made. For example, if the application is for an elementary charter, the teacher, principal, and at least one parent would represent the elementary level. The pool of potential teacher, principal and parent advisory council committee members will be established as follows: - Three principals (one each level) to be selected by the Assistant Superintendents - Three members of the Collier County Education Association (one each level) to be selected by the President 7
D. Selection Criteria The Board shall consider, but is not limited to using, the following criteria to evaluate applications for charter school approval: 1. Quality and breadth of instructional program. 2. Safeguards for the physical and emotional safety of students to be served. 3. Innovativeness of approach to teaching and learning, and ways in which the program innovations relate to specific student outcomes. 4. Representativeness of the student population and impact upon other schools. 5. Soundness of the financial plan, including sufficiency of the start up funds. 6. Adequacy of insurance as described herein. 7. Qualification and diversity of staff, governing board and organizers, including a reasonable demonstration of the professional experience and competence of those individuals or organizations applying to operate the charter school and those hired to perform such professional services and criminal background checks. 8. Adequacy of facilities. 9. Extent of parent involvement. 10. Level of student performance expectations relative to state education and other significant goals, including well developed assessment mechanisms. 11. Sufficiency required in the charter by law or policy. 12. References for members of the governing board and evidence that they have the support of the targeted community. 13. All other criteria set forth in the State Legislation, and all matters set forth in Florida Statutes and the Charter School Application and Amendment. 14. A workable, fair and non-discriminatory arrangement for safely transporting students to and from school. E. Approval of an application does not authorize the operation of the charter school. Approval of the application authorizes the parties to negotiate a contract (charter) to operate the school. The charter must be issued within six months after which time the application will be deemed denied for purposes of filing an appeal. F. Charter schools must begin operation at the beginning of the district s school year. Prepared by: Dr. Dee S. Whinnery, Executive Director, Student Services Approved by: Richard Withers, School Board Attorney 8