Contract Disputes & Amendment

So, now that you have a contract negotiated and your charter schools up and running you are all set,  right? Well, hopefully you’re off to a good start but if you are a typical charter school at some point you will realize that it is to your benefit to amend something in your contract or, a dispute will arise over the application of something that is already in your contract. You might be surprised to hear, that sometimes a district will not be an agreement with you as to the need for an amendment, or the interpretation of the existing contract. In both of these circumstances, in addition to whatever process for dispute resolution might be set out in the contract, you typically have a right to request mediation from the Department of Education. If mediation is unsuccessful, then you have a right to take the matter to DOAH where the Administrative Law Judge will make a final determination as to whether the amendment should be allowed or as to the interpretation of the contractual provision.

One good thing about this provision as to amending the contract or contract disputes is that if you get a ruling from the division of the adminstrative hearings in your favor, you are typically entitled to an award of attorney’s fees to cover your cost for litigating the contract amendment. Of course, this is a reciprocal provision where if you are unable to prevail the District may seek to recover its costs from you.

If you find you have a dispute with the district over your existing contract or a need to amend your existing contract and please let us know and we can discuss helping you with mediation, or a DOAH hearing to reach a result that will allow your charter school to continue and flourish.