Links to Attorney General Legal Opinions related to Charter Schools

Links to Attorney General Legal Opinions related to Charter Schools

Boards & Governance |

Last Updated July 21, 2013

The list below is a list of Attorney General opinions that specifically reference charter schools in their subjects. A complete list of opinions is available online at http://myfloridalegal.com/ago.nsf/Opinions, and the other opinions may also relate to Charters as a public / not for profit. If you believe you have found an additional opinion that should be included on this list, please email it to Curtis Fuller.

  • Conversion Charter School, municipalities
  • Virtual Charter Schools, costs of student assessments
    • March 21, 2013
    • AGO 2013-04
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/D20AD30420BB793B85257B3C0052B3A6
    • The administrative services required to be provided by a school district sponsoring a virtual charter school include the payment of the costs of state-required or district-required student assessments, including the cost of virtual charter school students’ access to and use of district testing facilities, and that such costs are contained within the fee of up to 5 percent retained by the school district.
    • [wpfilebase tag=file tpl=filebrowser_admin id=520]
  • Charter schools, team to review personnel decisions
    • April 22, 2010
    • AGO 2010-14
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/E09871254197156E8525770D005C05F1
    • I cannot advise you that the creation of such a team to make employment decisions for the Bay Haven Charter Academy would violate section 1002.33, Florida Statutes. However, if such a team is created, members thereof continue to be subject to the provisions of section 1002.33(24), Florida Statutes.
    • If a three-member team is created to perform personnel duties and responsibilities on behalf of the Principal of the Bay Haven Academy, those records and meetings of that team would be subject to the Public Records Law and the Government in the Sunshine Law.
    • [wpfilebase tag=file tpl=filebrowser_admin id=519]
  • Quorum, participation by electronic means
    • December 11, 2009
    • AGO 2009-56
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/46DF6C00A187227685257689006DDC7D
    • The City of Coral Gables retirement board is not authorized to promulgate a rule allowing the use of electronic media technology in conducting board meetings and providing that participation by a member of the board by electronic media technology constitutes his or her physical presence for purposes of establishing a quorum.
    • [wpfilebase tag=file tpl=filebrowser_admin id=518]
  • Charter schools, funding
  • Santa Rosa Island Authority, funding of charter school
  • Sunshine, participation by telephone
    • September 3, 2003
    • AGO 2003-41
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/EA5C812F3FF2CE3885256D9700462488
    • That where a rule or statute contemplates that a meeting will be held in a public place with the members physically present, the participation of an absent member in the meeting by telephone conference should be permitted only in extraordinary circumstances and when a quorum of the board members is physically present at the meeting. Whether the absence of a member due to a scheduling conflict constitutes such a circumstance is a determination that must be made in the good judgment of the board.
    • [wpfilebase tag=file tpl=filebrowser_admin id=515]
  • School capital outlay surtax, charter schools
    • August 14, 2002
    • AGO 2002-55
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/F3DD31FAE260FD1C85256C15005D2506
    • The Escambia County School Board may not use school capital outlay surtax revenues that were approved to fund capital construction projects on school district property and collected pursuant to section 212.055(6), Florida Statutes, to fund capital construction projects for a charter school owned and operated by a non-profit corporation when these revenues were not approved by the voters for this purpose.
    • [wpfilebase tag=file tpl=filebrowser_admin id=514]
  • Charter school subject to open government laws
    • March 23, 2001
    • AGO 2001-23
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/9AE93DB5B85FEFCB85256A18006000D4
    • the records and meetings of a not-for-profit corporation granted charter school status are subject to the requirements of Chapter 119, Florida Statutes, and section 286.011, Florida Statutes, even though the charter school has not yet opened its doors to students.
    • [wpfilebase tag=file tpl=filebrowser_admin id=513]
  • Charter school, exemption from traffic impact fee
    • April 25, 2000
    • AGO 2000-24
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/D108013A7D6F1C12852568D300528C25
    • I am of the view that reading section 235.26(1), Florida Statutes, in accordance with its legislative intent to protect funds of public schools from local impact fees, all charter schools are exempt from the county’s traffic impact fees.
    • [wpfilebase tag=file tpl=filebrowser_admin id=512]
  • Dual office holding, charter school
    • July 31, 1998
    • AGO 98-48
    • Direct Link: http://www.myfloridalegal.com/ago.nsf/Opinions/7D50D5E40953BA4E8525665600486189
    • Until sovereign powers are legislatively conferred on the governing body of a charter school, it is my opinion that the members of a governing body of a charter school are not public officers for purposes of the dual officeholding prohibition in Article II, section 5(a), Florida Constitution.
    • [wpfilebase tag=file tpl=filebrowser_admin id=511]

In addition to the above opinions, the Florida Department of Education’s General Counsel has issued the following opinions that relate specifically to charter schools.

  • Charter school authority to enforce parent volunteer contracts
    • May 9, 2013
    • 13-01
    • Florida law does not provide an opportunity for a charter school to allow volunteer hours identified in a parent volunteer contract to be “purchased” as a monetary donation to the school.
    • [wpfilebase tag=file tpl=filebrowser_admin id=533]
  • Review of district refusal to modify charter contract
    • April 16, 2003
    • 03-04
    • A charter school may appeal to the commission for application denials and nonrenewals/terminations only.
    • [wpfilebase tag=file tpl=filebrowser_admin id=530]
  • Charter school authority to enforce parent volunteer contracts
    • April 16, 2003
    • 03-05
    • A charter school may deny enrollment to a student whose parent has failed to fulfill the volunteer hours as outlined in the parent volunteer contract for the previous year.
    • [wpfilebase tag=file tpl=filebrowser_admin id=531]
  • Allocation of Funds Within a Charter School System
    • October 7, 2003
    • 03-10
    • Section 1002.33, F.S., allows districts to receive applications and contract with municipalities and nonprofit entities for the purpose of operating public schools provided certain specified statutory criteria are met. Specifically, Section 1002.33(3)(b), F.S., provides for public schools to apply to the district to become conversion charter schools. Provided that it is addressed in the charter and all charter school statutory provisions are met, there is no statutory or constitutional prohibition that would prevent the District from agreeing to allow the operating entity to exercise funding flexibility, including the type of flexibility which would involve the above-referenced allocation of funds.
    • [wpfilebase tag=file tpl=filebrowser_admin id=532]
  • Charter Schools-in-a-Municipality and Charter Schools-in-the-Workplace – Enrollment Practices
    • April 4, 2002
    • 02-02
    • Enrollment preference is permitted in both instances. (To children of the residents of that municipality who are seeking enrollment, and to children of employees of that business or corporation who are seeking enrollment)
    • [wpfilebase tag=file tpl=filebrowser_admin id=527]
  • Charter School Issues
    • April 17, 2002
    • 02-03
    • Provided that such an arrangement is evidenced by a modification of the charter agreement, and is not used by the school board as a means to impose unreasonable rules or regulations that violate the intent to give charter schools greater flexibility to meet educational goals. See Section 228.056(4)(f), Fla. Stat. Our opinion further assumes that the proposed arrangement would not affect the status of the charter school as an independent legal entity organized as, or operated by, a nonprofit organization pursuant to Section 228.056(8), Fla. Stat., consistent with applicable requirements set forth in Section 228.056(9), Fla. Stat.
    • [wpfilebase tag=file tpl=filebrowser_admin id=528]
  • Discussions regarding charter school code election
    • July 23, 2002
    • 02-08
    • The charter school building code election established by Section 228.056(17)(a), Florida Statutes, survives the implementation of the Florida Building Code.
    • [wpfilebase tag=file tpl=filebrowser_admin id=529]
  • Legal Opinion-Charter School and Expulsion
    • March 21, 2001
    • 01-01
    • While charter schools may dismiss students in accordance with established procedures, only a district school board may expel a student.
    • [wpfilebase tag=file tpl=filebrowser_admin id=522]
  • Status of Charter Schools in FEFP Sparsity Supplement
    • May 29, 2001
    • 01-08
    • A charter school should not count  in FEFP Sparsity Supplement.
    • [wpfilebase tag=file tpl=filebrowser_admin id=523]
  • Charter School Issue
    • April 12, 2001
    • 01-09
    • Assuming that such Charter Schools are “educational units” as defined by Chapter 120 (and thus a covered “agency” for purposes of the notice requirement), Section 120.81(1), Florida Statutes (2000), provides an exemption from the requirement to publish notice of meetings in the Florida Administrative Weekly.
    • [wpfilebase tag=file tpl=filebrowser_admin id=524]
  • Charter School Capital Outlay Funds
    • August 14, 2001
    • 01-14
    • District is not required to disburse the capital outlay funds without satisfactory documentation of the expenditure. Charter school capital outlay plan may be denied if the district considers it to be an unjustified expenditure under Section 228.0561, Florida Statutes.
    • [wpfilebase tag=file tpl=filebrowser_admin id=525]
  • Charter School Transportation and Funding Issues
    • September 5, 2001
    • 01-16
    • State statutes establish both the types of vehicles in which students may be transported and the situations for which transportation funding is authorized. As public schools, charter schools are required to comply with transportation safety and funding requirements.
    • [wpfilebase tag=file tpl=filebrowser_admin id=526]

Note – DOE General Counsel’s Office does not have legal opinions written prior to 2000 online. 


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