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2003 Opinions

Date:   April 16, 2003
Prepared By:   Michael Kooi
Phone:   (850) 488-7707
Suncom:   278-7707
Opinion No.:   03-05
Staff Contact:   none
MEMORANDUM OPINION
TO: Jennifer Rippner, Charter School Accountability Center
FROM: Daniel Woodring
General Counsel
SUBJECT: Charter school authority to enforce parent volunteer contracts

QUESTION PRESENTED: Can a charter school 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?

DISCUSSION: Section 1002.33(10)(e)5., F.S., states that a “charter school may limit the enrollment process only to target the following student populations:…[s]tudents who meet reasonable academic, artistic, or other eligibility standards established by the charter school and included in the charter school application and charter or, in the case of existing charter schools, standards that are consistent with the school’s mission and purpose.”

Consequently, if a new charter school includes the parent volunteer requirement in its application and charter, or if the requirement is consistent with the mission and purpose in an existing charter school, the parent volunteer contract is enforceable under Florida law. Failure of a parent or parents to uphold or fulfill their responsibilities under that contract would be sufficient grounds for that charter school to deny admission to the child the following year.

CONCLUSION: 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.


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