Florida Charter Contract Disputes and Amendments

So, now that you have a contract negotiated and your charter school is 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 it. You might be surprised to hear that sometimes a sponsor will not be in agreement with you as to the need for an amendment or the interpretation of the existing contract. A charter may be modified during its term on the recommendation of the sponsor or the governing board, but only with the approval of both (section 1002.33(7)(d), Florida Statutes). When you cannot agree, in addition to whatever process for dispute resolution might be set out in the contract, you have a right to mediation provided by the Department of Education. If either side declines mediation in writing, or the Commissioner of Education decides the dispute cannot be settled through mediation, you have a right to take the matter to DOAH, where an administrative law judge will make a final determination.

To discuss a dispute with a sponsor, or an amendment the sponsor will not accept, call us at 850-567-8445 or fill in the message form on this page.

The judge’s authority is broad. The statute lets the judge rule on whether the charter school is being treated equitably as a public school, on whether proposed charter provisions violate the flexibility the law intends charter schools to have, and on any other matter under the charter school statute, and it gives the judge final order authority. Three kinds of dispute are excluded because they have procedures of their own: the denial of an application, a termination, and a nonrenewal (section 1002.33(7)(b)).

One good thing about this process is that if you get a ruling from the Division of Administrative Hearings in your favor, you are entitled to an award of reasonable attorney’s fees and costs. Of course, this is a reciprocal provision: the judge awards fees and costs to whichever side prevails, to be paid by the side the judge rules against, so if you do not prevail, the sponsor may recover its fees and costs from you.

Limits on What a Sponsor May Demand

Some disputes start with a sponsor asking for more than the law allows. A sponsor may not apply its own policies to a charter school unless both agree, and it may not add reporting requirements unless the school has been identified as having a deteriorating financial condition or a financial emergency (section 1002.33(5)(b)). When a governing board asks to consolidate several charters it holds, the sponsor must approve or deny the request within 60 days and must give its reasons within 10 days if it says no (section 1002.33(7)(d)).

If you find you have a dispute with your sponsor over your existing contract, or a need to amend it, 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. You can call us at 850-567-8445 or email us at Info@woodringlawfirm.com.