Member Login

back to charter school law and compliance

Advancement of funds to charter school
Advisory Legal Opinion issued on December 6, 2006 by Attorney General Charlie Crist:

May the Board of County Commissioners advance funds to a charter school for the construction of school facilities with the condition that the funds be repaid from educational impact fees collected from a development that will create educational impacts mitigated by the charter school?

Authority of special district to expend funds for public charter schools
Advisory Legal Opinion issued on May 11, 2004 by Attorney General Charlie Crist.

May the Santa Rosa Island Authority expend public funds to assist a charter school providing educational services within the district by providing funding for the charter school?

Charter school authority to enforce parent volunteer contracts
Memorandum Opinion issued on April 16, 2003 by Daniel Woodring, General Counsel, Florida Department of Education:

Can a charter school deny enrollment to a student whose parent has failed to fulfill the volunteer hours as outlined in the parent volunteer contract for the previous year?

Charter Schools-in-a-Municipality and
Charter Schools-in-the-Workplace - Enrollment Practices

Memorandum Opinion issued on April 4, 2002 by James A. Robinson, General Counsel, Florida Department of Education:

Is a charter school-in-a-municipality entitled to give an enrollment preference to children of the residents of that municipality who are seeking enrollment? A corollary question is whether a charter school-in-the-workplace may give a preference to children of employees of that business or corporation who are seeking enrollment?

Charter School Building Code Election
Memorandum Opinion issued on July 23, 2002 by Daniel Woodring, General Counsel, Florida Department of Education:

Does the charter school building code election established by Section 228.056(17)(a), Florida Statutes, survive the implementation of the Florida Building Code?

Charter School and Student Expulsion
Memorandum Opinion issued on March 21, 2001 by James A. Robinson, General Counsel, Florida Department of Education:

May a charter school expel a student?

Charter School Capital Outlay Funds
Memorandum Opinion issued on August 14, 2001 by James A. Robinson, General Counsel, Florida Department of Education:

Is a school district required to release charter school capital outlay funds pursuant to Section 228.0561, Florida Statutes (2000), upon request of the charter school and a showing of compliance with the requirements of that section? Does a school district have any discretion in withholding from a charter school capital outlay funds for the purchase of real property in excess of the appraised fair market value of the real property?

Charter Schools in Church Facilities
Court order issued on August 13, 2007 ruling that Sarasota County could not prohibit the operation of a charter school within a church facility. Sarasota County had maintained that county zoning and growth management regulations prohibited a church from allowing a charter school to operate on its property.

The county’s position was in direct conflict with section 1002.33(18)(c), F.S. which states that ““library, community service, museum, performing arts, theatre, cinema, church, community college, college, and university facilities may provide space to charter schools within their facilities under their preexisting zoning and land use designations.” The court ruled that the state statute trumps the local zoning regulations and that the church was entitled to lease space to the charter school.

View court order

Charter School Transportation and Funding Issues
Memorandum Opinion issued on September 5, 2001 by James A. Robinson, General Counsel, Florida Department of Education:

What are the funding and transportation requirements related to the transportation of students attended a charter school the Okaloosa County School District?

District refusal to modify charter contract
Memorandum Opinion issued on April 16, 2003 by Daniel Woodring, General Counsel, Florida Department of Education:

Can a charter school appeal to the charter appeal commission if a district refuses to accept an amendment to the charter or for any reason other than an application denial?

Exemption of charter school from county traffic impact fee
Advisory Legal Opinion issued on April 25, 2000 by Attorney General Robert Butterworth.

Exemption of educational property partially
used for non-educational purposes

Advisory Legal Opinion issued on March 30, 2007 by Attorney General Bill McCollum: 

May an educational institution receive an ad valorem taxation exemption pursuant to section 196.198, Florida Statutes, on improved real property which is partially leased at market rate to non-exempt commercial parties whose use is unrelated to educational purposes?

Funding for Florida charter schools
Advisory Legal Opinion issued on December 17, 2004 by Attorney General Charlie Crist: 

Whether the language of section 1002.33, Florida Statutes, requires that charter schools be funded "the same as" other schools in the public school system.

Member of governing body of charter school is not officer for
purposes of dual officeholding

Advisory Legal Opinion issued on July 31, 1998 by Attorney General Robert Butterworth.

May a county commissioner serve on the governing body of a school chartered under section 228.056, Florida Statutes, without violating the dual officeholding prohibition in Article II, section 5(a), Florida Constitution?

Not-for-profit organization granted charter school status
subject to open government laws while preparing for students

Advisory Legal Opinion issued on March 23, 2001 by Attorney General Robert Butterworth.

Whether school capital outlay surtax may be used to fund
capital improvement projects for public charter schools

Advisory Legal Opinion issued on August 14, 2002 by Attorney General Robert Butterworth: 

Are the records and meetings of a not-for-profit corporation granted charter school status subject to the requirements of Chapter 119, Florida Statutes, and section 286.011, Florida Statutes, even though the charter school has not yet opened its doors to students?

Whether a district school board can
contract with a charter school to provide all services

Memorandum Opinion issued on April 17, 2002 by James A. Robinson, General Counsel, Florida Department of Education:

May a district school board which has granted charter status pursuant to Section 228.056(4), Fla. Stat., thereafter contract with the charter school to provide all services required for operation of the school at a rate no greater than the district's actual cost?

Random Drug Testing in Charter Schools
Memorandum Opinion issued on November 28, 2001 by James A. Robinson, General Counsel, Florida Department of Education:

Whether a charter school may require parents to sign an authorization allowing the school to perform random drug testing on students.

back to the top