Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-2.0020: Charter School Capital Outlay.
PURPOSE AND EFFECT: The purpose of this new rule is to clarify the process by which charter school capital outlay plans are approved by the Department. The effect will be a more clearly defined process consistent with Section 1013.62, Florida Statutes.
SUMMARY: The proposed rule defines the criteria necessary for a charter school to be eligible for capital outlay.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1013.62 FS.
LAW IMPLEMENTED: 1013.62 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 11, 2009, 1:00 p.m.
PLACE: Palm Beach Community College, Lake Worth Campus, 4200 Congress Ave., Lake Worth, FL 33461
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Miller, Director of Charter Schools, Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 522, Tallahassee, Florida 32399-0400

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-2.0020 Eligibility for Charter School Capital Outlay.

The following provisions are established for the determination of eligibility of charter schools pursuant to Section 1013.62, Florida Statutes.

(1) A charter school may be considered a part of an expanded feeder chain under Section 1013.62, Florida Statutes, if it either sends or receives a majority of its students directly to or from a charter school that is currently receiving capital outlay funding pursuant to Section 1013.62, Florida Statutes.

(2) The eligibility requirement for satisfactory student achievement under Section 1013.62, Florida Statutes, shall be determined in accordance with the language in the charter contract and the charter school’s current school improvement plan if the school has a current school improvement plan. A charter school receiving an “F” grade designation through the state accountability system, as defined in Section 1008.34, Florida Statutes, shall not be eligible for capital outlay funding for the school year immediately following the designation.

Rulemaking Authority 1001.02, 1013.62 FS. Law Implemented 1013.62 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 10, 2009