I spoke to the Duval Legislative Delegation during the public comment period yesterday. I spoke at the 1 hour and 2 minute mark:
I asked them to please pass a bill to provide protections for our sales tax dollars in the event the charter school receiving our sales tax dollars should close.
But what options does the local school board have now to put restrictions on the money going to charter schools? A charter school and its affiliates are seeking a bond which I assume they plan to repay with our sales tax money so this is an urgent question. Link to the ordinance that the city council will soon be voting on: https://jaxcityc.legistar.com/LegislationDetail.aspx?ID=4663688&GUID=5172AF95-34C2-4EA5-B3CD-67405B8D9A31
I sent a follow up email to the Duval Legislative Delegation:
1. Under state law, would the school board be allowed to require clawback provisions to recoup our sales tax dollars if the charter school closes or the building is sold?
2. The Oversight Committee must monitor the expenditures but do they have any authority to withhold funding? The Oversight Committee was an extra layer of protection that was included on our ballot. Our Duval ballot included the words:
with expenditures based upon the Surtax Capital Outlay Plan, and monitored by an independent citizens committee
1013.62(4) A charter school’s governing body may use charter school capital outlay funds for the following purposes:
(a) Purchase of real property.
(b) Construction of school facilities.
(c) Purchase, lease-purchase, or lease of permanent or relocatable school facilities.
(d) Purchase of vehicles to transport students to and from the charter school.
(e) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of 5 years or longer.
(f) Payment of the cost of premiums for property and casualty insurance necessary to insure the school facilities.
(g) Purchase, lease-purchase, or lease of driver’s education vehicles; motor vehicles used for the maintenance or operation of plants and equipment; security vehicles; or vehicles used in storing or distributing materials and equipment.
(h) Purchase, lease-purchase, or lease of computer and device hardware and operating system software necessary for gaining access to or enhancing the use of electronic and digital instructional content and resources; and enterprise resource software applications that are classified as capital assets in accordance with definitions of the Governmental Accounting Standards Board, have a useful life of at least 5 years, and are used to support schoolwide administration or state-mandated reporting requirements. Enterprise resource software may be acquired by annual license fees, maintenance fees, or lease agreement.
(i) Payment of the cost of the opening day collection for the library media center of a new school. Conversion charter schools may use capital outlay funds received through the reduction in the administrative fee provided in s. 1002.33(20) for renovation, repair, and maintenance of school facilities that are owned by the sponsor.
The legislature forced us to give our sales tax dollars to charter schools on a per student basis with HB 7097. It begins on line 1291:
Quote from the bill HB 7097 beginning at line 1332:
Surtax revenues shared with charter schools shall be expended by the charter school in a manner consistent with the allowable uses set forth in s. 1013.62(4). All revenues and expenditures shall be accounted for in a charter school’s monthly or quarterly financial statement pursuant to s. 1002.33(9). The eligibility of a charter school to receive funds under this subsection shall be determined in accordance with s. 1013.62(1). If a school’s charter is not renewed or is terminated and the school is dissolved under the provisions of law under which the school was organized, any unencumbered funds received under this subsection shall revert to the sponsor. [inadequate clawback provisions for encumbered funds]
1013.62(1) (a) To be eligible to receive capital outlay funds, a charter school must:
a. Have been in operation for 2 or more years;
b. Be governed by a governing board established in the state for 2 or more years which operates both charter schools and conversion charter schools within the state;
c. Be an expanded feeder chain of a charter school within the same school district that is currently receiving charter school capital outlay funds;
d. Have been accredited by a regional accrediting association as defined by State Board of Education rule; or
e. Serve students in facilities that are provided by a business partner for a charter school-in-the-workplace pursuant to s. 1002.33(15)(b).
2. Have an annual audit that does not reveal any of the financial emergency conditions provided in s. 218.503(1) for the most recent fiscal year for which such audit results are available.
3. Have satisfactory student achievement based on state accountability standards applicable to the charter school.
4. Have received final approval from its sponsor pursuant to s. 1002.33 for operation during that fiscal year.