Charter School Law and Compliance

This section features extensive links and resources on the Florida charter school statutes and information on how the statutes apply to everyday charter school operations.

Florida Charter School Statutes Training Requirements for Governing Boards Charter School Capital Outlay Program Appeals Process for Denied Applications Other Laws Pertaining to Charter Schools Technical Assistance Papers (TAPs) and Guidelines Legal Opinions

Read the Florida Charter School Statutes. The first Florida charter school statutes were approved in 1996, opening the door for the creation of charter schools as part of the state’s public education system. Since that year, the statutes have been amended several times.

Learn more about how the law applies to your school. Read the Technical Assistance Papers (TAPs) and guidelines on various issues and programs affecting charter schools and Advisory Legal Opinions interpreting charter school law.

Florida Charter School Statutes

• Section 1002.33 establishes charter schools. Under this law, private entities may enter into charters with school boards to provide educational services to district students. This law provides information on the application process and review, charter school requirements, charter, funding, exemptions from statute, etc.
• Section 1013.62 F.S. establishes the eligibility requirements and acceptable use of Capital Outlay Funding by charter schools.
• Original 1996 Charter School Statutes

back to the top

Training Requirements for Governing Boards

• State Board of Education Rule 6A.6.0784 establishes state-approved training requirements for the members of charter school governing boards.

back to the top

Florida Charter School Capital Outlay Program

• Florida Statute Concerning Capital Outlay
• Capital Outlay Process for Current Fiscal Year

In Florida, a program called the Public Education Capital Outlay and Debt Service Trust Funds assists charter schools with facilities costs. These funds are available only to the following types of charter schools:

• Charter schools that have been in operation for three or more years
• New charter schools that were created as a “feeder” school serving students from an existing charter school
• Charter schools that are accredited by SACS CASI (Southern Association of College and Schools)

In addition, charter schools must meet other eligibility requirements such as financial stability and satisfactory student achievement. An eligible charter school receives funds based on the number of students enrolled. The rate is highest for high schools, and lowest for elementary schools.

Charter schools may use their capital outlay funds for the following purposes:

• Purchase of real property
• Construction of school facilities
• Purchase, lease-purchase, or lease of permanent or relocatable school facilities
• Purchase of vehicles to transport students to and from the charter school
• 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.

• Technical Assistance Paper on the Uses of Capital Outlay Funds

back to the top

Other Florida Laws Pertaining to Charter Schools

• Complaint Procedures: CSP Federal Grant Complaint Procedures for Applicants.
• Code of Ethics ? Education Profession: 6B-1.006 Principles of Professional Conduct for the Education Profession in Florida.
• A new Model Law for Supporting the Growth of High Quality Public Charter Schools - June 2009

• 2008-2009 Exceptional Student Education Compliance Self-Assessment: Process and Procedures Manual : The Bureau of Exceptional Education and Student Services (BEESS) at the Florida Department of Education has published the 2008-2009 Exceptional Student Education Compliance Self-Assessment: Process and Procedures Manual. This manual outlines the various components that are assessed during annual self-assessments completed by the school districts.

  As a charter school, you are required to comply with all state and federal laws regarding the provision of services to students with disabilities. This manual may be useful in helping to understand the steps necessary to be in compliance with these laws.

• Florida Statutes and State Board of Education Rules: Excerpts for Special Programs, Revised 2009 Resource Manual for the Development and Evaluation of Special Programs.
• Florida’s Government-in-the-Sunshine Law: As public institutions, charter schools must abide by the state’s Sunshine Law concerning public records and meetings.
• Class Size Reduction: Link to FLDOE webpage with the latest information on compliance requirements with the Class Size Reduction Act.
• Participation of charter school students in interscholastic extracurricular activities at other public schools: 1006.15 (3)(d):  Defines the rights of charter school students to participate in interscholastic extracurricular activities at the public school to which they would be assigned if certain conditions are met.
• Determination of financial emergency:  218.503 f.s.: Defines the conditions that constitute a “financial emergency” under which charter schools shall be subject to review and oversight by the Governor, charter school sponsor, or the Commissioner of Education.
• The Florida Teachers Lead Program Stipend: 1012.71: Stipulates how funds are to be appropriated to public school teachers (including employed by charter schools) for the Florida Teachers Lead Program Stipend to purchase classroom materials and supplies used in the instruction of students in prekindergarten through grade 12.
• Merit Award Program for Instructional Personnel and School-Based Administrators: 1012.225: Defines the Merit Award Program and the procedures by which charter schools can participate in the program to assess and assign merit awards to high-performing instructional personnel and school-based administrators.
• Charter school exemption from ad valorem taxes: 196.1983: Establishes that facilities housing charter schools are exempt from ad valorem taxes.
• Annual financial audit reports: 218.39: Establishes the requirements by which charter schools must perform an annual financial audit by an independent certified public accountant.
• Background screening of personnel: 1012.32: Defines the procedures that charter schools must follow to conduct background screening and fingerprinting on charter school personnel
• Reemployment of charter school instructional personnel after retirement: 238.184: Provides that charter schools participating in the Florida Retirement System to reemploy a retired member as a substitute or hourly teacher on a noncontractual basis, or reemploy such retired member as instructional personnel.
• Cancellation of certain taxes on real property acquired by a county, school board, charter school governing board, or community college district board of trustees: 196.29
• Purchase of retirement credit for in-state public service and in-state service in accredited nonpublic schools and colleges, including charter schools and charter technical career centers:  121.1122: Stipulates how a member of the Florida Retirement System may purchase up to five years of retirement credit for employment in a charter school.
• Role of the Legislative Auditing Committee Regarding Charter Schools: 11.40: Defines the overall responsibilities of the Legislative Auditing Committee and its role in determining actions against charter schools that do not comply with state auditing requirements.
• Complaints against teachers and administrators; procedure; penalties: 1012.796: Defines the procedures followed by the Department of Education in investigating complaints against teachers and administrators employed by a charter school.
• Noninstructional contractors who are permitted access to school grounds when students are present; background screening requirements: 1012.467: Defines the requirements for  conducting and sharing criminal background screenings on non-instructional contractors working on public school grounds (including charter schools).
• Discounted computers and Internet access for students: 1001.29: Establishes and defines a state program to offer computers and Internet access at a discounted price to students enrolled in grades 5 through 12 in public schools, including charter schools.
• Court-ordered sealing of criminal history records – exception for individuals applying for employment at charter schools: 943.059: Requires any individual with a court-ordered sealed criminal history record to acknowledge the arrests covered by the sealed record when applying for employment at a charter school (or any other school).
• Court-ordered expunction of criminal history records — exception for individuals applying for employment at charter schools: 943.0585: Requires any individual with a criminal history record that has been expunged by a court to acknowledge the arrests covered by the covered by the expunged records when applying for employment at a charter school (or any other school).

back to the top