Section 1002.33(2), Florida Statutes, establishes the purpose of charter schools and guiding principles for their operation. The purpose of charter schools is to improve student learning and academic achievement; increase learning opportunities for all students, with special emphasis on low-performing students and reading; encourage the use of innovative learning methods; and require the measurement of learning outcomes.

In addition, Florida law requires that charter schools be guided by the following principles.

• Meet high standards of student achievement while providing parents with flexibility to choose among diverse educational opportunities within the state's public school system.
• Promote enhanced academic success and financial efficiency by aligning responsibility with accountability.
• Provide parents with sufficient information on whether their child is reading at grade level and gaining at least a year's worth of growth for every year spent at the charter school.

Typically, charter schools are created when an individual, a group of individuals, parents, teachers, a municipality, or a legal entity submits an application to a school district; the school district approves the application; the applicants form a governing board that negotiates a contract with the district school board; and the applicants and district school board agree upon a charter or contract.

As required in s. 1002.33(6), Florida Statutes, a school board that receives a charter school application must approve or deny the application within 90 days of receipt. All charter applicants must prepare and submit an application on the Department of Education's standard application (including an applicant history worksheet), that

• demonstrates how the school will use the guiding principles and meet the statutory purpose of a charter school;
• provides a detailed curriculum;
• contains goals and objectives for improving student learning;
• describes the school's reading curricula and differentiated strategies for students reading at grade level and a separate curricula and strategies for students who are reading below grade level;
• contains an annual financial plan; and
• discloses the name of each applicant, governing board member, and all proposed education services providers; the name and sponsor of any charter school operated by each applicant, each governing board member, and each proposed education services provider that has closed and the reasons for the closure; and the academic and financial history of such charter schools, which the sponsor shall consider in deciding whether to approve or deny the application.

School boards are required to evaluate charter school applications using the Department of Education's evaluation instrument. Upon approval of a charter school application, the school board has 30 days to propose an initial charter contract using the Department of Education's standard charter contract as the basis for the initial draft contract.

If a school board denies an application, the board must provide the applicant with a letter specifying the reasons for the denial within 10 calendar days. The charter school applicant then has 30 calendar days to appeal the denial to the State Board of Education.

• Alternative charter schools provide dropout prevention and academic intervention services (s. 1008.341, Florida Statutes).
• Charter lab schools are sponsored and operated by State University System institutions (s. 1002.32, Florida Statutes).
• Charter schools in a municipality are sponsored by local school districts in partnership with a municipality and enroll students of municipality residents through a random lottery process (s. 1002.33(15)(c), Florida Statutes).
• Charter schools in the workplace are sponsored by local school districts in partnership with a business or corporation and enroll students of the employees of that business or corporation through a random lottery process (s. 1002.33(15)(b), Florida Statutes).
• Charter technical career centers are sponsored by local school districts, Florida College System institutions, or a consortium of one or more of each to promote advances and innovations in workforce preparation and economic development (s. 1002.34, Florida Statutes).
• Community college charter schools are sponsored by Florida College System institutions to provide students within their service area the opportunity to complete their secondary education while simultaneously earning an associate degree (s. 1002.33(5)(b)4., Florida Statutes).  
• Conversion charter schools are traditional public schools that have been converted to charter schools (s. 1002.33(1), Florida Statutes).
• High-performing charter schools meet certain performance and financial criteria and are allowed to more easily increase their enrollment and expand grade levels, as well as establish and operate new charter schools that replicate their educational programs (s. 1002.331, Florida Statutes).
• Regional education and workforce charter schools are sponsored by State University System institutions to meet the education or workforce demands by serving students from multiple districts within their region (s. 1002.33(5)(a)3.a., Florida Statutes). 
• Service area workforce charter schools are sponsored by Florida College System institutions to meet the workforce demands of the counties within their service area and may provide postsecondary programs leading to industry certifications (s. 1002.33(5)(a)3.b., Florida Statutes).
• Virtual charter schools provide online instruction to students in kindergarten through grade 12 (s. 1002.33(1), Florida Statutes).

A School of Hope is a charter school operated by a hope operator that serves students from one or more persistently low-performing schools; is located in the attendance zone of a persistently low-performing school or within a five-mile radius of such school, whichever is greater; and is a Title I-eligible school (s. 1002.333, Florida Statutes). A hope operator is a nonprofit organization with tax-exempt status that operates three or more charter schools serving students in kindergarten through grade 12 in Florida or other states with a record of serving students from low-income families and is designated by the State Board of Education as a hope operator based on its past performance meeting or exceeding specific criteria.

Schools of Hope are funded through the Florida Education Finance Program (FEFP) in the same way as all other public schools. They are also eligible to receive funds from the Schools of Hope Program for certain expenditures.

The number of charter schools in Florida and the number of students they enroll has grown substantially since the inception of charter schools. In 1996, the state had five charter schools that enrolled 574 students. By the 2021-22 school year, 703 charter schools enrolled 361,939 students in pre-kindergarten through grade 12, or approximately 13% of the reported statewide enrollment (2,833,179). During the most recent five years for which data is available, the number of charter schools in operation increased by 7% and the number of students enrolled in charter schools increased by 22%.

 Number of Florida Charter Schools in Operation and Their Enrollment

Source: Department of Education, Office of Independent Education & Parental Choice.

The Department of Education maintains directories of charter schools currently in operation and school district charter school contacts.

As required by s. 1002.33(20)(a)1., Florida Statutes, a sponsor must provide certain administrative and educational services to charter schools, which include

• contract management;
• full-time equivalent (FTE) and data reporting;
• exceptional student education administration services;
• test administration services, including payment of costs of state-required or district-required student assessments;
• teacher certificate data processing;
• information services, including equal access to student information systems that are used by public schools in the district in which the charter school is located or by schools in the sponsor's portfolio of charter schools if the sponsor is not a school district; and
• student performance data for each student in a charter school.

To cover the costs of these administrative and educational services, a sponsor may withhold an administrative fee of up to 5% from the available per-student operating funds from the FEFP for enrollment up to and including 250 students. For high-performing charter schools, a sponsor may withhold a total administrative fee of up to 2% for enrollment up to and including 250 students per school. Sponsors may not impose additional fees or surcharges for services unless the sponsor contracts with the charter school to provide additional goods and services.

Section 1002.33(20)(d), Florida Statutes, requires each charter school to annually complete and submit a survey to the Department of Education to rate the timeliness and quality of services provided by the applicable sponsor and requires the department to compile the survey results.

Charter school governing boards have several options regarding the management structure of their schools. Some governing boards choose to manage their schools independently without the assistance of an external organization, while others contract with a charter management organization (CMO) or education management organization (EMO). CMOs are nonprofit management organizations that typically assist governing boards with the day-to-day operations of their schools. Conversely, EMOs are for-profit management organizations that generally provide governing boards with high-level, administrative support.

Pursuant to s. 1002.33(5)(b)1.a., Florida Statutes, a sponsor must monitor and review a charter school's progress toward the goals outlined in the school's charter. In addition, charter schools are required to participate in the state's student assessment program and are assigned a school grade using the same standards and criteria as traditional public schools.

A sponsor may terminate or not renew a school's charter, if the school fails to participate in Florida's education accountability system, fails to meet the student performance outcomes agreed upon in the charter, fails to meet generally accepted standards of fiscal management, or violates the law. A sponsor must terminate a school's charter, if the school receives two consecutive grades of F, with limited exceptions (s. 1002.33(9)(n)3., Florida Statutes).

Pursuant to s. 1002.33(8)(d), Florida Statutes, when a charter is terminated or not renewed, the school must be dissolved under the provisions of law under which the school was organized, and any unencumbered public funds from the charter school revert to the local school district. In the event a charter school is dissolved or is otherwise terminated, all sponsor property and improvements, furnishings, and equipment purchased with public funds automatically reverts to full ownership by the sponsor, subject to complete satisfaction of any lawful liens or encumbrances.

Charter schools are funded through the FEFP in the same way as all other public schools (s. 1002.33(17), Florida Statutes). The charter school receives operating funds from the FEFP based on the number of full-time equivalent (FTE) students enrolled. Charter school funding includes gross state and local funds, discretionary lottery funds, and funds from the school district's current operating discretionary millage levy. The funding per school is calculated by dividing the total funds available by the total funded weighted FTE students in the school district, and then multiplying by the weighted FTE students in the charter school. Charter schools are entitled to their proportionate share of categorical program funds for eligible students and programs. Schools must spend categorical funds for specified purposes such as student transportation evidence-based reading.

Section 1002.33(17)(b), Florida Statutes, permits charter schools operated by a not-for-profit or municipal entity to use any unrestricted current and capital assets identified in the charter school's annual financial audit for other charter schools operated by the not-for-profit or municipal entity within the school district.

In Fiscal Year 2021-22, school districts reported distributing $2,916,997,220 in general funds to charter schools, as shown in the Department of Education's state cumulative totals from the school district annual financial reports.

Charter schools capital outlay funding includes state funds when such funds are appropriated in the General Appropriations Act and local funds resulting from the discretionary millage authorized in s. 1011.71(2), Florida Statutes, and are allocated to eligible schools in accordance with the formula outlined in s. 1013.62, Florida Statutes.

 To be eligible to receive charter school capital outlay funding, a charter school must

• have been in operation for two or more years, be governed by a governing board established in the state for two or more years that operates both charter schools and conversion charter schools in Florida, be part of an expanded feeder pattern of a charter school that is currently receiving capital outlay funding, have been accredited by a regional accrediting association, serve students in facilities that are provided by a business partner for a charter school-in-the-workplace, or be operated by a Hope operator;
  
• have an annual audit that does not reveal any of the financial emergency conditions provided in s. 218.503(1), Florida Statutes;
• have satisfactory student achievement;
• have received final approval from a sponsor for operation; and
• serve students in facilities not provided by the sponsor.

In Fiscal Year 2021-22, school districts reported distributing $182,320,789 to charter schools for capital outlay funding, as shown in the Department of Education's state cumulative totals from the school district annual financial reports. The Department of Education also maintains data on charter school capital outlay disbursements by school.

Charter schools, like traditional public schools, receive federal educational funding through programs such as the Individuals with Disabilities Education Act, Title I programs for disadvantaged students, and Title II programs for improving teacher quality. In addition, the U.S. Department of Education's Office of Charter Schools Programs provides grant funding to establish new charter schools, replicate and expand high-quality charter schools, and disseminate information regarding effective charter school practices. Several tax, zoning, and fee exemptions also may apply to certain types of charter schools.

Section 1002.33(25), Florida Statutes, permits a system of charter schools to serve as a local education agency (LEA) for the purpose of receiving federal funds, if the governing board adopts and files a resolution with its sponsor and the Department of Education in which the governing board accepts the full responsibility for all LEA requirements. A charter school system's governing board may be designated as an LEA for purposes of receiving federal funds for all schools within a school district that are established under a turnaround option pursuant to s. 1008.33, Florida Statutes, and are under the jurisdiction of the governing board.

Pursuant to s. 1002.33(16)(a)-(b), Florida Statutes, charter schools are exempt from the Florida K-20 Education Code (Chs. 1000-1013, Florida Statutes), with several exceptions such as statutes that pertain specifically to charter schools student assessment and school grading; the provision of services to students with disabilities; civil rights; student health, safety, and welfare; public meetings and records, public inspection, and criminal and civil penalties; provisions relating to educator compensation, contracts, and the substantive requirements relating to performance evaluations; and provisions relating to school safety.

In addition, charter schools are exempt from compliance with the State Requirements for Educational Facilities but must comply with the Florida Building Code and the Florida Fire Prevention Code. Libraries, community service facilities, museums, performing arts venues, theatres, cinemas, churches, Florida College System institutions, and state universities may provide space to charter schools within their facilities under their preexisting zoning and land use designations.

Each year, the Auditor General summarizes charter school financial audits. In Report 2023-008, the Auditor General reported that 52 (8%) of the 676 charter schools reported a general fund, or other unrestricted fund, deficit balance at June 30, 2021, which is the same number and percentage of the 664 charter schools that reported deficits at June 30, 2020.

Charter School Enrollment, Personnel, Funding, Monitoring, and Reporting. The 2023 Legislature enacted Ch. 2023-102, Laws of Florida, which modifies provisions relating to a charter school enrollment, personnel, funding, monitoring, and reporting. The law revises these provisions to

• authorize a charter school to give enrollment preference to students who are the children of a safe-school officer assigned to the school;
• authorize a not-for-profit entity to loan certain assets to other charter schools in the state that are operated by the same entity, provided the loan is repaid within five years;
• include charter school personnel in certain school district training;
• require the sponsor to annually provide a report on the services provided to charter schools from the administrative fee;
• require the sponsor to make timely payments and reimbursement, defined as 60 days, of eligible federal grant funds;
• require the State Board of Education to adopt rules for a standard charter school monitoring tool; and
• require a charter school to place a student on a progress monitoring plan for at least one semester before dismissing the student when the school limits enrollment based on academic, artistic, or other standards.

Charter School Capital Outlay Funding. The 2023 Legislature enacted Ch. 2023-69, Laws of Florida, which addresses capital outlay funds for charter schools. Among its provisions, the law

• clarifies that charter school capital outlay funding shall consist of state funds, when such funds are appropriated in the General Appropriations Act, and revenue resulting from the discretionary 1.5 millage authorized in s. 1011.71(2), Florida Statutes; 
• clarifies that the calculation of school district enrollment for purposes of calculating proportionate share of school capital outlay surtax shall be based on capital outlay full-time equivalent enrollment;
• removes the state funding threshold from the calculation methodology used by the Department of Education to determine the amount of the discretionary 1.5 millage revenue a school district must distribute to each eligible charter school and prescribes a five-year glide path, stipulating the percentage of such funds a school district must distribute each year to each eligible charter school beginning in Fiscal Year 2023-24 (20%) through Fiscal Year 2027-28 (100%);
• revises the calculation methodology used by the Department of Education to allocate state funds appropriated for charter school capital outlay on the basis of unweighted full-time equivalent (FTE) students and removes the additional weight for FTE based on students who are eligible for free and reduced-price lunch and students with disabilities;
• revises eligibility and allowable expenditures for charter school capital outlay funds; and
• requires charter schools attest in writing to the Depart of Education that, if the charter school is nonrenewed or terminated, any unencumbered funds and all equipment and property purchased with public funds will revert to the state.

Other Reports

• Summary of Significant Findings and Financial Trends Identified in Charter School and Charter Technical Career Center Audit Reports for the Fiscal Year Ended June 30, 2021, Pursuant to Section 11.45(7)(f), Florida Statutes, Auditor General Report 2023-008, August 2022
• Review of District School Board, Charter School, and Charter Technical Career Center Audit Reports for the Fiscal Year Ended June 30, 2021, Pursuant to Section 11.45(7)(b), Florida Statutes, Auditor General Report 2023-003, July 2022
• Summary of Significant Findings and Financial Trends Identified in Charter School and Charter Technical Career Center Audit Reports for the Fiscal Year Ended June 30, 2020, Pursuant to Section 11.45(7)(f), Florida Statutes, Auditor General Report No. 2021-216, June 2021
• Review of District School Board, Charter School, and Charter Technical Career Center Audit Reports for the Fiscal Year Ended June 30, 2020, Pursuant to Section 11.45(7)(b), Florida Statutes, Auditor General Report 2021-208, May 2021
• Charter school financial audit reports

Websites of Interest

• Center for Research on Education Outcomes (CREDO) at Stanford University, Research & Reports
• Florida Charter School Alliance
• Florida Charter School List by District
• Florida Consortium of Public Charter Schools
• National Alliance for Public Charter Schools
• National Associations of Charter School Authorizers
• National Charter School Resource Center
• U.S. Department of Education, Office of Discretionary Grants and Support Services, Charter School Programs

Performance Information

Sections 218.39, 1002.32, 1002.33, 1002.331, 1002.332, 1002.333, 1002.34, 1002.345, and 1013.62, Florida Statutes

Charter Schools, Florida Department of Education, 850-245-0502, email: charterschools@fldoe.org
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