FLORIDA DEPARTMENT OF EDUCATION

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STATE BOARD OF EDUCATION

Eric J. Smith

T. WILLARD FAIR,

Chairman

Members

PETER BOULWARE

AKSHAY DESAI

ROBERTO MARTÍNEZ

PHOEBE RAULERSON

KATHLEEN SHANAHAN

LINDA K. TAYLOR

MEMORANDUM

TO:

District School Superintendents

FROM: Dr. Eric J. Smith

DATE:

January 5, 2009

SUBJECT: District Exclusivity Hearings

As you may know, on December 2, 2008, the First District Court of Appeal issued an opinion

that the law that created the Florida Schools of Excellence Commission was in conflict with

Florida’s Constitution.

As a result of the court’s ruling, school districts will no longer be required to apply for exclusive

authority to approve and oversee charter schools within their districts.

The Department will continue to work with districts, charter schools and members of the School

Choice community to foster successful charter schools that serve Florida’s growing needs. Thank

you for your continued commitment to educational excellence. If you have additional questions,

please contact Mike Kooi, Executive Director of the Office of Independent Education and Parental

Choice, at (850) 245-0502, via email at Mike.Kooi@fldoe.org.

cc: Chancellor Frances Haithcock

325 W. GAINES STREET • SUITE 1514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0505 • www.fldoe.org