Notice of Development of Rulemaking

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.0789: Definition of a Charter School Nonprofit Organization
PURPOSE AND EFFECT: The purpose of this rule development is to clarify how a charter school shall be organized and operated.
SUBJECT AREA TO BE ADDRESSED: The definition of a nonprofit organization for purposes of charter school operation.
SPECIFIC AUTHORITY: 1002.33 FS.
LAW IMPLEMENTED: 1002.33 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 12, 2010, 10:00 a.m. – 12:00 Noon
PLACE: Florida Department of Education, 325 W. Gaines St., Rm. 1706, Tallahassee, FL 32399. To participate via conference call: 1(888)808-6959, Code 2450861
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

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_______.