TECHNICAL ASSISTANCE PAPER
TECHNICAL ASSISTANCE PAPER
No: 2006-12
Charter School Authorizing Entity
Background
The 2006 Legislature enacted HB 135 creating an independent, state-level commission whose focus is the
development and support of charter schools and to ensure that charter schools of the highest academic quality
are approved and supported throughout the state. The Florida Schools of Excellence Commission (FSE) is
established as a charter school sponsoring entity working in collaboration with the Department of Education
and under the supervision of the State Board of Education.
Powers and Duties of the Florida Schools of Excellence Commission
•
Authorize and act as a sponsor of charter schools, including the approval or denial of applications and
the nonrenewal or termination of charter schools
•
Authorize municipalities, state universities, community colleges, and regional educational consortia to
act as cosponsors, including the approval or denial of cosponsor applications and the revocation of
approval of cosponsors
•
Approve or deny FSE charter school applications and renew or terminate charters of FSE schools
•
Conduct facility and curriculum reviews of charter schools approved by the commission or one of its
cosponsors
•
Develop and promote best practices and charter school accountability
•
Actively seek supplemental funding
•
Focus on service to low-income, low-performing, gifted, and disabled populations
•
Train charter school governing bodies regarding best practices, public record requirements, and
requirements of statute and State Board of Education rules
•
Provide optimal access to parents, including maintaining a user-friendly website
•
Other powers and duties as described in HB 135
Questions and Answers
1.
How are members appointed to the Florida Schools of Excellence Commission?
The members are appointed by the State Board of Education (SBE) from recommendations by the
governor (three appointees), the President of the Senate (two appointees), and the Speaker of the
House of Representatives (two appointees). The members are to be appointed as soon as possible
but no later than September 1, 2006. The members of the commission annually elect a chair and vice
chair.
2.
When does the Commission meet?
The commission is encouraged to convene its first meeting no later than October 1, 2006, and,
thereafter, to meet each month at the call of the chair or the request of four members of the
commission.
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
3.
Who can apply to the FSE?
Charter school applicants are authorized to apply to the FSE only if the local school district has not
retained exclusive authority. Otherwise, the FSE and the school district share concurrent authority,
with each entity responsible individually for the charter schools it approves.
4.
What is exclusive authority?
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 school district may submit to the SBE, 60 days after the establishment of the FSE and on or
before March 1 of each year, a written resolution to be the exclusive sponsor of charter schools within
their county. The SBE 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. If the
exclusivity resolution is granted by the SBE, neither the FSE nor any potential cosponsors may
sponsor a charter school within that county unless the district specifically agrees to allow it. A separate
technical assistance paper will be issued providing details of exclusive authority.
5.
Can the right of exclusive authority be challenged?
A party may challenge the granting of exclusive authority by filing with the SBE, within 30 days after
the state board grants exclusive authority, a notice of challenge, with a specific written description of
the basis for the challenge. The district school board will have an opportunity to appear before the
SBE and respond in writing to the challenge. The SBE has 60 days after receiving the notice of
challenge to make a determination.
6.
What is the approval process for cosponsors?
The FSE will begin accepting applications by municipalities, state universities, community colleges,
and regional educational consortia no later than January 31, 2007. The FSE reviews and evaluates all
applications and has 90 days after receipt of an application to approve or deny it. Upon approval of a
cosponsor, the FSE and the cosponsor enter into an agreement defining the cosponsor’s rights and
obligations. The FSE’s decision to deny an application or to revoke approval of a cosponsor may be
appealed to the SBE.
7.
What are the causes for revocation of approval of a cosponsor?
If the FSE finds that a cosponsor is not in compliance or no longer willing to comply with its contract
with a charter school or its cosponsor agreement with the commission, a hearing is conducted. If,
after the hearing, the FSE confirms its initial findings, the cosponsor’s approval will be revoked. The
FSE will assume temporary sponsorship over any charter school sponsored by the cosponsor.
Thereafter, the FSE may assume permanent sponsorship or allow the school’s governing body to
apply to another sponsor or cosponsor.
8.
Can existing charter schools submit an application to the FSE?
An application may be submitted by an existing charter school approved by a district school board
provided that the obligations of its charter contract with the district school board will expire prior to
entering into a new charter contract with the FSE or one of its cosponsors. A district school board may
agree to rescind or waive the obligations of a current charter contract to allow an application to be
submitted to the FSE. A charter school that changes sponsors is allowed to continue the use of all
facilities, equipment, and other assets it owned or leased prior to the expiration or rescission of its
contract with the district school board.
9.
Can conversion charter schools submit an application to the FSE?
A conversion charter school may only submit an application to the FSE or one of its cosponsors upon
consent of the district school board. The district school board may retain the facilities, equipment, and
other assets of the conversion charter school for its own use or agree to reasonable terms for their
continued use by the conversion charter school.
10.
Is there an appeal process for denied applications?
For charter school applications in school districts that have not been granted exclusive authority to
sponsor charter schools, the right to appeal an application denial is contingent upon the applicant
having submitted the same or a substantially similar application to the FSE or one of its sponsors.
Any such applicant whose application is denied by the FSE or one of its cosponsors subsequent to
its denial by the district school board may exercise its right to appeal the district school board’s denial
within 30 days after receipt of the FSE or cosponsors denial or failure to act on the application.
However, the applicant forfeits its right to appeal if it fails to submit its application to the FSE or one of
its cosponsors by August 1 of the school year immediately following the district school board’s denial
of the application. For charter schools in districts that have been granted exclusive authority, the
appeal process will remain as it is currently.
Additional Resources and Information
HB 135, Charter Schools:
http://www.flsenate.gov/session/index.cfm?Mode=Bills&SubMenu=1&BI_Mode=ViewBillInfo&BillNum=0135
The charter schools 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
