We handle appeals of charter school application denials, nonrenewals, and terminations under section 1002.33, Florida Statutes. We also handle disputes over a school board’s failure to finalize or amend a charter contract. Depending on the kind of dispute, the case goes to the Division of Administrative Hearings (DOAH) or to the Charter School Appeal Commission and the State Board of Education, and from there to a District Court of Appeal. In each of these proceedings, the prevailing party, whether the charter school or the sponsor (usually the school district), can recover its reasonable attorney fees and costs.
How Each Kind of Charter Dispute Is Decided
- Application denials: the applicant may appeal to the State Board of Education within 30 calendar days after receiving the sponsor’s decision. The Charter School Appeal Commission reviews the appeal and makes a recommendation to the State Board, and the State Board’s decision may be reviewed by a District Court of Appeal (section 1002.33(6)(c)–(d), Florida Statutes).
- Charter contract and other disputes with the sponsor: after mediation through the Department of Education, or at once if either side declines mediation, the charter school may take the dispute to an administrative law judge at DOAH, who decides it by final order (section 1002.33(7)(b), Florida Statutes).
- Nonrenewal and termination: the school’s governing board has 14 calendar days after receiving the sponsor’s notice to request a hearing before an administrative law judge at DOAH (10 calendar days for an immediate termination), and may appeal the judge’s final order within 30 calendar days after receiving it (section 1002.33(8)(b)–(c), Florida Statutes).
These deadlines are short, so contact us as soon as you receive the sponsor’s decision or notice. To discuss a charter school appeal anywhere in Florida, call 850-270-1178 or send us a message from the Contact Us page. More about our charter school practice is on the Charter School Law page of our main site.