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2003 Opinions

Date:   April 16, 2003
Prepared By:   Michael Kooi
Phone:   (850) 488-7707
Suncom:   278-7707
Opinion No.:   03-04
Staff Contact:   none
TO: Jennifer Rippner, Charter School Accountability Center
FROM: Daniel Woodring
General Counsel
SUBJECT: Review of district refusal to modify charter contract

QUESTION PRESENTED: Can a charter school appeal to the charter appeal commission if a district refuses to accept an amendment to the charter or for any reason other than an application denial?

DISCUSSION: The authority of the Charter School Appeal Commission and the appeal process before the State Board of Education is triggered only by an application denial under Section 1002.33(6)(b), F.S. or by a nonrenewal or termination of a charter under Section 1002.33(8)(c), F.S.

Section 1002.33(7)(c), F.S. states that “a charter may be modified during its initial term or any renewal term upon the recommendation of the sponsor or the charter school governing board and the approval of both parties to the agreement.” There is no provision for review of a district’s decision not to modify a charter that has already been agreed upon by the parties. The avenues for review of the terms of the charter are only available before the contract has been signed by both parties or at the time of renewal.

CONCLUSION: A charter school may appeal to the commission for application denials and nonrenewals/terminations only.

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