TECHNICAL ASSISTANCE PAPER
TECHNICAL ASSISTANCE PAPER
No: 2006-15
District School Board Exclusive Authority Requirements
Background
For fiscal year 2007-2008 and each fiscal year thereafter, a district school board may seek to retain exclusive
authority to authorize charter schools within the geographic boundaries of the school district. The district
school board may submit to the State Board of Education (SBE), on or before 60 days after the establishment
of the Florida Schools of Excellence Commission (FSE) and thereafter on or before March 1 of the fiscal year
prior to that for which the exclusive authority is to apply, a written resolution indicating the intent to be the
exclusive sponsor of charter schools within their district. A written description addressing the factors relating to
the district’s oversight and administration of charter schools the previous four years is to accompany the
resolution. A copy of the resolution, including the description, is to be provided each charter school authorized
by the district on or before the date of submission to the SBE.
State Board of Education Review
The State Board of Education will grant a district school board exclusive authority to sponsor charter schools
within its boundaries if it is determined after adequate notice, in a public hearing, and receiving input from any
charter school sponsored by the district, that the district has provided fair and equitable treatment to its charter
schools during the four years prior to the submission of the resolution. The state board’s review of the
resolution will include, at a minimum, consideration of the following factors:
•
Compliance with the provisions of the charter school statute, s. 1002.33, F.S.
•
Compliance with full and accurate accounting practices and charges for central administrative
overhead costs.
•
Compliance with requirements allowing a charter school, at its discretion, to purchase certain services
or a combination of services at actual cost to the district.
•
Absence of a district school board moratorium regarding charter schools or the absence of any district-
wide charter school enrollment limits.
•
Compliance with valid orders of the SBE.
•
Provision of assistance to charter schools to meet their facilities needs by including those needs in
local bond issues or otherwise providing available land and facilities that are comparable to those
provided to other public school students in the same grade levels within the school district.
•
Distribution to charter schools authorized by the district school board of a pro rata share of federal and
state grants received by the district school board, except for any grant received for a particular
purpose which, by its express terms, is intended to benefit a student population not able to be served
by, or a program not able to be offered at, a charter school that did not receive a proportionate share
of such grant proceeds.
•
Provision of adequate staff and other resources to serve charter schools authorized by the district
school board, which services are provided by the district school board at a cost to the charter schools
that does not exceed their actual cost to the district school board.
Increasing the Quantity and Improving the Quality of Educational Options
Contact Information:
Karen Hines-Henry
850-245-0502
karen.hines@fldoe.org
Independent Education
and Parental Choice
July 2006
•
Lack of policy or practice of imposing individual charter school enrollment limits, except as otherwise
provided by law.
•
Provision of an adequate number of educational choice programs to serve students exercising their
rights to transfer pursuant to the “No Child Left Behind Act of 2001,” Public Law No. 107-110, and a
history of charter school approval that encourages chartering.
Questions and Answers
1.
Can the right of exclusive authority be challenged?
A party may challenge the granting of exclusive authority made by the SBE by filing with the SBE a
notice of challenge within 30 days after the state board grants exclusive authority. The notice shall be
accompanied by a specific written description of the basis for the challenge. The challenging party, at
the time of filing notice, shall provide a copy of the notice of challenge to the district school board. The
district school board will have an opportunity to appear before the state board and respond in writing
to the challenge. The SBE has 60 days after receiving the notice of challenge to make a
determination.
2.
Can district school boards that have not authorized charter schools in their districts apply for
exclusive authority?
For district school boards that have no discernable history of authorizing charter schools, the State
Board of Education may not grant exclusive authority unless the district school board demonstrates
that no approvable application has come before the district school board.
3.
How long does exclusive authority continue?
A grant of exclusive authority by the State Board of Education continues as long as the district school
board complies with the terms of being granted exclusive authority and has submitted a written
resolution to the state board.
4.
Can a district school board with exclusive authority permit one or more Florida Schools of
Excellence charter schools to be established within its boundary?
A district school board with exclusive authority may permit the establishment of one or more FSE
charter schools within its geographic boundaries by adopting a favorable resolution and submitting the
resolution to the SBE. The resolution will be effective until it is rescinded by resolution of the district
school board.
Additional Resources and Information
The charter school statute, s. 1002.33, F.S., http://www.flsenate.gov/Statutes/index.cfm?App_mode=
Display_Statute&Search_String=&URL=Ch1002/SEC33.HTM&Title=->2005->Ch1002-
>Section%2033#1002.33
The Florida Department of Education, Office of Independent Education and Parental Choice,
http://www.floridaschoolchoice.org
For questions and information on charter schools, contact Karen Hines-Henry at 850-245-0502 or
karen.hines@fldoe.org
