eLaws of Florida

  SECTION 1002.345. Determination of deteriorating financial conditions and financial emergencies for charter schools and charter technical career centers.  


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  • 1This section applies to charter schools operating pursuant to s. 111002.33 12and to charter technical career centers operating pursuant to s. 221002.3423.
    24(1) 25EXPEDITED REVIEW; REQUIREMENTS.28-
    29(a) 30A charter school or a charter technical career center is subject to an expedited review by the sponsor if one of the following occurs:
    541. 55Failure to provide for an audit required by s. 64218.3965.
    662. 67Failure to comply with reporting requirements pursuant to s. 761002.33(9) 77or s. 791002.34(11)(f) 80or (14).
    823. 83A deteriorating financial condition identified through an annual audit pursuant to s. 95218.39(5), 96a monthly financial statement pursuant to s. 1031002.33(9)(g) 104or s. 1061002.34(11)(f), 107or a quarterly financial statement pursuant to s. 1151002.331(2)(c)116. “Deteriorating financial condition” means a circumstance that significantly impairs the ability of a charter school or a charter technical career center to generate enough revenues to meet its expenditures without causing the occurrence of a condition described in s. 156218.503(1)157.
    1584. 159Notification pursuant to s. 163218.503(2) 164that one or more of the conditions specified in s. 174218.503(1) 175have occurred or will occur if action is not taken to assist the charter school or charter technical career center.
    195(b) 196A sponsor shall notify the governing board and the Commissioner of Education within 7 business days after one or more of the conditions specified in paragraph (a) occur.
    224(c) 225The governing board and the sponsor shall develop a corrective action plan and file the plan with the Commissioner of Education within 30 business days after notification is received as provided in paragraph (b). If the governing board and the sponsor are unable to agree on a corrective action plan, the Commissioner of Education shall determine the components of the plan. The governing board shall implement such plan.
    293(d) 294The governing board shall include the corrective action plan and the status of its implementation in the annual progress report to the sponsor which is required pursuant to s. 3231002.33(9)(k) 324or s. 3261002.34(14)327.
    328(e) 329If the governing board fails to implement the corrective action plan within 1 year after one or more of the conditions specified in paragraph (a) occur, the State Board of Education shall prescribe any steps necessary for the charter school or the charter technical career center to comply with state requirements.
    380(f) 381The chair of the governing board shall annually appear before the State Board of Education and report on the implementation of the State Board of Education’s requirements referenced in paragraph (e).
    412(2) 413FINANCIAL EMERGENCY; REQUIREMENTS.416-
    417(a)1. 418If a financial audit conducted by a certified public accountant in accordance with s. 432218.39 433reveals that one or more of the conditions in s. 443218.503(1) 444have occurred or will occur if action is not taken to assist the charter school or charter technical career center, the auditor shall notify the governing board of the charter school or charter technical career center, as appropriate, the sponsor, and the Commissioner of Education within 7 business days after the finding is made.
    4982. 499If the charter school or charter technical career center is found to be in a state of financial emergency pursuant to s. 521218.503(4), 522the charter school or charter technical career center shall file a financial recovery plan pursuant to s. 539218.503 540with the sponsor and the Commissioner of Education within 30 days after being notified by the Commissioner of Education that a financial recovery plan is needed.
    566(b) 567The governing board shall include the financial recovery plan and the status of its implementation in the annual progress report to the sponsor which is required under s. 5951002.33(9)(k) 596or s. 5981002.34(14)599.
    600(3) 601RULES.602-603The State Board of Education shall adopt rules pursuant to ss. 614120.536(1) 615and 616120.54 617for developing financial recovery and corrective action plans, defining a deteriorating financial condition pursuant to subparagraph (1)(a)3., and establishing procedures for determining a deteriorating financial condition pursuant to subparagraph (1)(a)3. and s. 649218.39(5)650. In adopting the rules, the State Board of Education may obtain technical assistance from the Auditor General.
    668(4) 669TECHNICAL ASSISTANCE.671-672The Department of Education shall provide technical assistance to charter schools, charter technical career centers, governing boards, and sponsors in developing financial recovery and corrective action plans.
    699(5) 700FAILURE TO CORRECT DEFICIENCIES.704-705The sponsor may decide not to renew or may terminate a charter if the charter school or charter technical career center fails to correct the deficiencies noted in the corrective action plan within 1 year after being notified of the deficiencies or exhibits one or more financial emergency conditions specified in s. 757218.503 758for 2 consecutive years. This subsection does not affect a sponsor’s authority to terminate or not renew a charter pursuant to s. 7801002.33(8)781.
History.-s. 9, ch. 2009-214; s. 26, ch. 2014-39.