Charter School Statutory Compliance: Charter schools are created under enabling statutes. The firm has experience in interpreting Florida's charter school statute as well as other regulations affecting charter schools. The firm has advised charter schools regarding the requirements for maintaining compliance with applicable laws.
Organization and Operation as a Not-for-Profit Corporation: Florida's charter school statute provides that charters may be granted only to not-for-profit corporations and municipalities. The firm routinely forms Florida not-for-profit corporations that are eligible to obtain charters. The firm will also assist in filing the necessary annual reports with the state as well as maintaining the corporation's minute books. Board members have certain fiduciary duties to the not-for-profit corporation under Florida law. The firm routinely advises and trains charter school board members regarding their duties to a corporation.
Obtaining and Negotiating a Charter from the School District: The process of obtaining a charter from a local school board can be challenging. Having negotiated charter contracts in two states including six Florida counties, the firm understands what issues need to be addressed in the charter. The firm can also guide charter schools through various hearings and meetings with the local school district.
Sunshine and Public Records Laws: Charter schools are subject to state sunshine and public records laws. Consequently, a charter school board must announce all meetings of any board members to the public as well as maintain their records so that they are available for viewing at the public's request. For Florida charter schools, the sunshine and public records laws in Florida are some of the most open in the nation. The firm is well-versed in advising charter schools on appropriate compliance with these laws.
Personnel Policies and Procedures: Many charter school founders are new to hiring, firing and supervising staff. The firm offers counseling in hiring and firing procedures, drafting and reviewing employee handbooks, and advising on local, state and federal laws applicable to charter school personnel.
Student Issues: In addition to Florida statutes, charter schools are subject to certain federal rules and regulations including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. The firm counsels clients on compliance with federal and state regulations addressing special education students. The firm also routinely advises charter schools on day-to-day student issues such as discipline, student records and parental rights.
Facility Solutions: Probably the biggest hurdle faced by a new charter school is locating an appropriate, affordable facility. The firm assists charter schools in determining the feasibility of charter school sites, as well as drafting and negotiating leases. The firm also represents charter schools in the purchase and sale of school facilities.
Tax-Exempt Status Under the Internal Revenue Code: An organization holding a charter may be eligible for tax-exempt status under the Internal Revenue Code. The Internal Revenue Code grants section 501(c)(3) tax-exempt status to organizations that are organized and operated exclusively for charitable purposes, including educational charitable purposes. Charter schools can qualify for tax exemption under this provision. However, not all charter schools will be eligible for tax-exempt status, as there are many requirements that must be fulfilled to qualify as a section 501(c)(3) organization. The firm assists charter schools in drafting and filing the necessary forms with the IRS in applying for tax-exempt status.
Negotiating with Third Party Vendors: A charter school frequently contracts with third parties to provide services necessary to the operation of a charter school, such as transportation and food service vendors. The firm has drafted and negotiated numerous vendor contracts on behalf of charter schools.
Negotiating with Private Management Companies: The firm has extensive knowledge about the unique protections a charter school requires from a management contract. The firm has drafted and negotiated numerous private management company contracts. The firm’s experience will help guide a charter school in the issues related to contracting with a private management company.