Florida Charter School Termination and Non-Renewal

Most initial charter contracts are for a term of five years, although a charter operated by a municipality or other public entity, or by a private not-for-profit 501(c)(3) organization, may be granted a term of up to 15 years with the sponsor’s approval, and a school with a strong academic and financial record may be renewed for 15 years (section 1002.33(7), Florida Statutes). However long the term, a sponsor may choose not to renew a charter at the end of the contract or, in the case of termination, to end it during the contract. There is also an immediate termination process that a sponsor may use if it determines there is a health, safety, or welfare reason to terminate a charter immediately.

A governing board has 14 calendar days to request a hearing. If you have received a notice, or expect one, call us at 850-567-8445 or fill in the message form on this page.

The Grounds a Sponsor Must Prove

A sponsor may not end a charter for just any reason. Student achievement is to be the most important factor, and the sponsor must expressly find, by clear and convincing evidence, one of three things: that the school failed to participate in the state’s accountability system or to meet the student performance requirements in its charter; that it failed to meet generally accepted standards of fiscal management because of deteriorating financial conditions or a financial emergency; or that it materially violated the law (section 1002.33(8)(a)).

Whether it is an immediate termination, a normal termination, or a nonrenewal, a charter school has a right to a hearing about the sponsor’s grounds. Before the Legislature changed the law, districts were allowed to terminate charter contracts with very little due process.

Notice and the 14-Day Deadline

For a nonrenewal or an ordinary termination, the sponsor must give the governing board written notice at least 90 days before the end of the school year; if it does not give timely notice, the charter renews automatically on the same terms. You then have 14 calendar days after receiving the notice within which to request a hearing, and once a hearing is requested the matter goes to DOAH, the Division of Administrative Hearings, for an independent administrative law judge to conduct it. This hearing is the equivalent of a full trial, just with a judge instead of a jury, so there is discovery and legal argument, the same as in a normal trial. The hearing must be held within 90 days after it is requested, so make sure that close attention is paid to the timelines if your charter is in a position to need a hearing.

After the hearing, the administrative law judge now issues a final order, not a recommendation to the school board, on whether the sponsor proved its grounds. The judge awards reasonable attorney fees and costs to the side that prevails. The governing board may appeal the final order to the District Court of Appeal within 30 calendar days after receiving it.

Immediate Termination

A sponsor may terminate a charter immediately only if it sets out in writing the particular facts and circumstances showing that an immediate and serious danger to the health, safety, or welfare of the school’s students exists, that the danger is likely to continue, and that immediate termination is necessary. It must notify the governing board, the principal, and the Department of Education in writing. The governing board has 10 calendar days to request a hearing. The hearing is expedited and the final order is due within 60 days after the request, but the hearing may take place after the school has already been closed (section 1002.33(8)(c)).

Financial Trouble as a Ground

Financial problems follow a track of their own before they become grounds. A school that shows a deteriorating financial condition must work out a corrective action plan with its sponsor, and a school in a financial emergency must file a financial recovery plan. A sponsor may decline to renew, or may terminate, a charter if the school fails to correct the deficiencies noted in its corrective action plan within one year after being notified of them, or shows financial emergency conditions for two consecutive years (section 1002.345). See our Investigations & Compliance page.

If the School Closes

When a charter is not renewed or is terminated, the school is dissolved, unencumbered public funds and property bought with public funds generally go back to the sponsor, and the school remains responsible for its own debts (section 1002.33(8)(d) and (e)). We also advise boards that decide to close a school on winding it down in an orderly way.

School districts are used to taking cases to DOAH; most of their teacher discipline cases, for example, are taken there. So any charter school will want to make sure that it has counsel involved who is comfortable and familiar with the DOAH process. Otherwise the charter will typically find itself at a disadvantage because of unfamiliarity with the process.

If you think that your charter is going to be subject to a notice of intent to terminate or a notice of nonrenewal, please talk to us as soon as you have concerns about this, even before you receive any notice, for this will give us the best opportunity to try to resolve the matter in your favor if that is possible. You can call us at 850-567-8445, email us at Info@woodringlawfirm.com, or fill in the message form on this page.