6A-6.0789: Definition of a Charter School Nonprofit Organization
PURPOSE AND EFFECT: The purpose of this rule development is to provide clarification on the organization and operation of charter schools. The effect is to adopt a rule which is clear to be followed by all operators and/or applicants of charter schools.
SUBJECT AREA TO BE ADDRESSED: Definition of nonprofit organization for purposes of charter school operation.
SPECIFIC AUTHORITY: 1002.33(26) FS.
LAW IMPLEMENTED: 1002.33(12)(i) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Adam Miller, Charter School Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Suite 522, Tallahassee, Florida 32399-0400. To request a rule development workshop, please contact: Lynn Abbott, Agency Clerk, Department of Education, (850)245-9661 or e-mail lynn.abbott@fldoe.org or go to https://app1.fldoe.org/rules/default.aspx.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
6A-6.0789 Definition of a Charter School Nonprofit Organization.
For the purposes of Section 1002.33, Florida Statutes, a nonprofit organization is defined as any corporation, trust, association, cooperative, or other organization that meets the following criteria:
(1) Is qualified under Section 501 (c) 3 of the IRS code, or
(2)(a) Is operated primarily for scientific, educational service, or charitable purpose in the public interest;
(b) Is not organized primarily for profit;
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization; and
(d) No part of its net earnings may lawfully benefit any private shareholder or individual.
Rulemaking Authority 1002.33(26) FS. Law Implemented 1002.33(12)(i) FS. History–New________.