'RACE TO THE TOP' FOR CHARTER SCHOOLS
Which States Have What It Takes to Win

Charter School Law Ranking and Scorecard 2010

Florida

 

 

 

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LAW

Year Passed

1996; last amended in 2008.

Rank

12th strongest of the nation's 40 charter laws.

Grade

B

GENERAL DATA

 

• Steady growth despite many state regulations, including class size requirements

• Unchallenged lawsuit against newly created independent authorizer limits approval to school boards

• Funding is complicated and inadequate

MULTIPLE AUTHORIZERS - NO

Approval

School boards
(In December 2008, the state First District Court of Appeals ruled that the creation of the independent authorizer, the Florida Schools of Excellence Commission, was unconstitutional. The state did not appeal the ruling despite legal opinions supporting its constitutionality and it ceased operations.)

Appeal

Yes. Applications denied by the school board may be appealed to the State Board of Education whose decision is binding.

NUMBER OF SCHOOLS ALLOWED

Cap

No cap

OPERATIONAL AUTONOMY

State

Yes. Blanket waiver from state and local rules and regulations. Specific statewide statutes, such as class size limitations, apply to charter schools with no exemptions. Virtual schools are allowed. Management contracts with ESPs are not restricted.

Local

Yes. Charter schools are exempt from most local school rules and regulations with certain exceptions as prescribed by the district.

Teacher Freedom

Yes. Teachers choose to remain covered by district bargaining agreement, negotiate as a separate unit, or work independently. Teachers on approved leaves of absence must participate in state's retirement system.

EQUITY

Student Funding

• Funding for charter schools follows same formula used for all other public schools minus administrative fees retained by school boards.

• Funds pass through the district.

• Average per pupil revenue - $6,200

"Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district. (b) The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Education Finance Program as provided in s. 1011.62 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from the school district's current operating discretionary millage levy; divided by total funded weighted full-time equivalent students in the school district; multiplied by the weighted full-time equivalent students for the charter school. Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Education Finance Program by the Legislature, including transportation." [Fla. Stat. § 1002.33(17)(b)]

Facilities Funding

Yes. The state has appropriated $57 million in its capital outlay program for per pupil facilities funding, which may be used for purchasing, construction, or maintenance of facilities. It is limited to charters that meet certain criteria, including: operation for at least three years, accredited by the Southern Association of Colleges and Schools, financially and academically stable, and is an expanded feeder chain or charter within the same district (meaning an elementary charter serves a middle school which serves a high school charter.) [Fla. Stat. § 1013.62(e)]

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