The law relating to Florida Charter Schools is quite complex, because a charter school needs to understand not only the law that is specific as to charter schools, relating to the requirements for applying for, opening, operating and expanding a charter school, and how to challenge a denial or termination of a charter school, but also the general laws applicable to public schools, both state and Federal. 

Charter schools are exempt from certain requirements that apply to regular public schools, see § 1002.33(16) Florida Statutes, but many other requirements still apply. A good location for the updated collection of laws and rules that apply only to Charter schools is here on the Florida Department of Education Website. 

The list of all the other general education laws that apply to charter schools is too lengthy to reference in one place, but would include significant addition Florida Laws found in Chapter 1000 and sequentially of the Florida Statutes, and the Federal requirements such as the IDEA requirements for special needs students, etc.

When Legal Issues Generally Arise for Charter Schools.

Legal issues can arise at any point in the life of a charter school, but  legal counsel is probably most critical during the application and initial opening phase, and then again during an attempted immediate or regular termination.  Issues will of course also arise during the normal operation of the school, such as employment and student issues, testing irregularities or discipline issues, special needs or section 504 issues. Many of the concerns that arise during the normal operation of a charter are concerns that would be present in any operating public school, but legal problems during the application phase or a contemplated termination can be unique to charter schools.

Charter Schools: Legal Concerns During the Application Phase.

The deadlines for applying for Charter schools in Florida are tight, applications have to be submitted by August 1st for charters that want to start the following August. School districts are then to take action on the Charter applications within 60 days, unless both parties agree to an extension of the deadlines.  If a school district denies an application, the Charter School Board has to file an appeal brief with the State Board of Education within 30 days, and District has 30 days to respond. The Charter School Appeal Commission makes a recommendation, and the State Board of Education then makes the final decision. High performing charters that are denied follow the same basic timelines, but do not stop first at the Charter Appeal Commission.

Some legal issues that can arise are: whether the application answers are sufficient to meet the statutory and model form requirements; did the Sponsor demonstrate good cause to deny; how ESE and ELL students are handled; the makeup of the not for profit board applying for the school; arms length issues for boards and Charter Management Organizations (CMO), or education management organizations (EMO); ethics and background check issues; specific considerations for virtual charters or blended charters; the preservation or development of a record for purposes of appeal. 

30 days to file an appeal brief if a charter application is a very short time, particularly when it take some time to obtain transcripts of school board proceedings, so if at all possible it it advisable to have an attorney working with and familiar with the filed application before an appeal must be taken.  An attorney can also be invaluable in counseling on how to frame portions of your application to meet statutory requirements and avoid giving good cause to deny.

Charter Schools: Legal Concerns During an Attempted Termination.

Attempted terminations of charter schools are a more complicated matter than the initial appeal of the denial of an application. Prior to 2011, Charter terminations were also appealed to the State Board of Education.  Now a termination of a charter gives rise to a right to a full administrative hearing under 120.68 Florida Statutes, with a hearing being requested within 14 days.  There are also some different procedures that apply if an immediate termination is attempted.  The clarification of the right to a full hearing is a result of the legislative change that arose from the State Board's reversal of the immediate termination of the Rise Academy Charter, a case that we argued to the State Board.  Any further appeal from the administrative hearing is to a District Court of Appeal.

An appeal of a termination of a charter gives a much better opportunity to put on evidence and witnesses and protect the rights of a charter, but is in effect a full blown trial, just without a jury, that will be conducted on an expedited basis. Districts are familiar with hearings conducted under chapter 120, since these hearings are triggered for teacher discipline or dismissals among other things. Consequently, a charter school facing termination needs to make sure that they have counsel familiar with the Chapter 120 process as well. In some circumstance there is now an opportunity to recover attorney fees from the district if a charter school is wrongfully terminated.