Negotiating a Florida Charter School Contract

After the sponsor approves your application for a charter school, the real work begins. First, you will have to negotiate a charter contract that is approved by both the sponsor and your governing board. Florida has adopted a standard charter contract that sponsors are required to use. Any term that differs from it is presumed to be a limitation on the flexibility charter schools are meant to have, and a sponsor may not impose unreasonable rules or regulations (section 1002.33(7), Florida Statutes). It sounds as if getting a completed charter contract should be fairly simple, and that was one of the main purposes of having a standard contract.

For help negotiating a charter contract anywhere in Florida, call us at 850-567-8445 or fill in the message form on this page.

The Timetable

The statute sets a schedule. The sponsor has 30 days after approving the application to give you an initial proposed contract. You and the sponsor then have 40 days to negotiate it and notice it for final approval, unless you both agree to an extension. The proposed contract must reach the school at least 7 calendar days before the meeting at which the sponsor will vote on it. The initial term of a charter is five years, not counting up to two planning years (section 1002.33(7)(a) and (b)).

However, sponsors often will propose dozens of changes to the standard charter contract, if not a complete rewrite, as some districts have done in the past. This means that there is still some real work to do in negotiating a charter contract. Part of the challenge is to get a contract completed in time to open the school without agreeing to contract conditions that will hurt you once the school is open.

Terms That Deserve a Close Look

• Every departure from the standard contract, and the sponsor’s reason for it
• Enrollment limits, grade levels, and the opening date
• Facilities requirements and the dates by which they must be met
• Reporting and monitoring duties beyond those the statute requires
• The services the sponsor will provide, and what it will charge for them
• Default, cure, and termination provisions

If You and the Sponsor Cannot Agree

If negotiations stall, the Department of Education provides mediation for disputes that arise after an application is approved. If either side declines mediation in writing, or the Commissioner of Education decides the dispute cannot be settled that way, the charter school may take it to an administrative law judge at the Division of Administrative Hearings. The judge has final order authority and awards reasonable attorney fees and costs to the side that prevails (section 1002.33(7)(b)). Our Contract Disputes & Amendment page covers that process.

We have helped negotiate charter contracts with many districts, and in many circumstances we can help you get a contract the charter school can live with and that will allow it to open. Please give us a call at 850-567-8445 if you need help negotiating a charter contract, or write to Info@woodringlawfirm.com.