Charter School Appeal Guidelines Guidelines for Charter School Non-Renewal, Termination, and Immediate Termination Appeals

Charter School Appeal Charter School Appeal Guidelines Guidelines

Guidelines for Charter School Guidelines for Charter School Non-Renewal, Termination, Non-Renewal, Termination, and Immediate Termination and Immediate Termination

AppealsAppeals

PURPOSEPURPOSE

These GUIDELINES establish a These GUIDELINES establish a method for fairly and impartially method for fairly and impartially reviewing appeals of Florida Charter reviewing appeals of Florida Charter Schools facing Non-Renewal, Schools facing Non-Renewal, Termination or Immediate Termination or Immediate Termination. Termination.

The Guidelines allow the SBE and the The Guidelines allow the SBE and the Commission to:Commission to:

Objectively ReviewObjectively Review

District staff studies & recommendations.District staff studies & recommendations. Superintendent’s Recommendation to the Superintendent’s Recommendation to the

District School Board.District School Board. The record of consideration and decision of The record of consideration and decision of

the School Board.the School Board. The Notice of Appeal and supporting The Notice of Appeal and supporting

documentation submitted by the Charter documentation submitted by the Charter School.School.

The School Board response to the Appeal The School Board response to the Appeal and supporting documentation.and supporting documentation.

All other materials filed in connection with All other materials filed in connection with the appeal.the appeal.

TThe Guidelines allow the SBE and the he Guidelines allow the SBE and the Commission to:Commission to:

Effectively EvaluateEffectively Evaluate The evidence presented in support or The evidence presented in support or

opposition to the decision of the opposition to the decision of the District School Board. District School Board.

Reach a DecisionReach a Decision On the recommendation to be sent On the recommendation to be sent

forward to the State Board of forward to the State Board of Education. Education.

District must notify Charter School in writing of proposed action

At least 90 days prior to action

Charter School may request Informal Hearing

Within 14 days of receiving notice

District School Board holds Informal Hearing

Within 30 days of request

APPEALS PROCESS FLOW CHART

Charter School may file Appeal with State Board of Education

Within 14 days of receiving District decision

Commissioner of Education calls Appeals Commission Meeting

Upon being informed by SBE of Appeal

Appeals Commission maysend appeal back to schoolfor corrections District submits response to Appeal

School has 15 days to resubmit Within 30 days after being notified of Appeal

Commission meets, makes decision, and Commissioner of Education sends recommendation in writing to State Board of Education

Within 7 days of when SBE is to hear appeal

State Board of Education, by majority vote, sustains or overturns District decision

Within 90 days after Appeal is filed

Judicial Review ofSBE decision

If requested by oneof the parties

District School Board implements Order of SBE

Within 30 days of receipt of SBE Orderor conclusion of Judicial Review

Objective of the Appeals ProcessObjective of the Appeals Process

Non-Renewal, Termination, or Non-Renewal, Termination, or Immediate Termination of a Immediate Termination of a Charter School is a death Charter School is a death sentence. Accordingly, the sentence. Accordingly, the grounds for imposition are grounds for imposition are limited and District action must limited and District action must be fact based and tied to at least be fact based and tied to at least one of the statutory causes.one of the statutory causes.

Causes for Non-Renewal, Termination, Causes for Non-Renewal, Termination, or Immediate Terminationor Immediate Termination

CAUSE 1:CAUSE 1: Failure to participate in the State’s Failure to participate in the State’s education accountability system created in s. education accountability system created in s. 1008.31, F.S., or failure to meet the requirements 1008.31, F.S., or failure to meet the requirements of student performance stated in the charter.of student performance stated in the charter.

CAUSE 2:CAUSE 2: Failure to meet generally accepted Failure to meet generally accepted standards of fiscal management.standards of fiscal management.

CAUSE 3:CAUSE 3: Violation of law. Violation of law. CAUSE 4:CAUSE 4: Other good cause shown. Other good cause shown. CAUSE 5:CAUSE 5: Good cause has been shown or if the Good cause has been shown or if the

health, safety, or welfare of the students is health, safety, or welfare of the students is threatened.threatened.

Cause 1 Cause 1

FAILURE TO PARTICIPATE IN THE FAILURE TO PARTICIPATE IN THE STATE’S EDUCATION STATE’S EDUCATION ACCOUNTABILITY SYSTEM ACCOUNTABILITY SYSTEM CREATED IN S. 1008.31, F.S., OR CREATED IN S. 1008.31, F.S., OR FAILURE TO MEET THE FAILURE TO MEET THE REQUIREMENTS OF STUDENT REQUIREMENTS OF STUDENT PERFORMANCE STATED IN THE PERFORMANCE STATED IN THE CHARTER.CHARTER.

Definition: Cause 1, Part 1Definition: Cause 1, Part 1

Failure to participate in the Failure to participate in the state’s educational state’s educational

accountability systemaccountability system

This cause is rooted in statutory This cause is rooted in statutory language. Any allegation by a district language. Any allegation by a district related to it must cite specific violations related to it must cite specific violations and supply supporting factual and supply supporting factual evidence.evidence.

Benchmarks: Cause 1, Part 1Benchmarks: Cause 1, Part 1

Suggested Decision BenchmarksSuggested Decision Benchmarks

Has evidence been presented showing the Has evidence been presented showing the school has failed to participate?school has failed to participate?

Is the failure the result of an unwillingness Is the failure the result of an unwillingness or inability to conform to the statutes?or inability to conform to the statutes?

Has the school been notified of its failure Has the school been notified of its failure and been given a chance to comply?and been given a chance to comply?

Is there a pattern of non-compliance or is Is there a pattern of non-compliance or is this an isolated case? this an isolated case?

Definition: Cause 1, Part 2Definition: Cause 1, Part 2

Failure to meet the requirements Failure to meet the requirements of student performance stated of student performance stated

in the charter.in the charter.

This cause is based in the terms of the This cause is based in the terms of the charter itself. Any district alleging a charter itself. Any district alleging a violation based on the terms of the violation based on the terms of the contract must cite specific examples and contract must cite specific examples and provide supporting factual evidence. provide supporting factual evidence.

Benchmarks: Cause 1, Part 2Benchmarks: Cause 1, Part 2Suggested Decision BenchmarksSuggested Decision Benchmarks

What are the specific terms of the charter, and do What are the specific terms of the charter, and do the parties have a common understanding of them?the parties have a common understanding of them?

Are there extenuating circumstances?Are there extenuating circumstances? Is the failure an isolated case or part of a pattern?Is the failure an isolated case or part of a pattern? Are the requirements as stated realistic or might Are the requirements as stated realistic or might

the contract have placed the school in a no-win the contract have placed the school in a no-win situation?situation?

What are the measurements used by to allege What are the measurements used by to allege failure? Are they the measurements agreed upon in failure? Are they the measurements agreed upon in the charter, and even if they are, are they valid?the charter, and even if they are, are they valid?

Is there a possibility the school could rectify the Is there a possibility the school could rectify the situation?situation?

Has the charter school been given a reasonable Has the charter school been given a reasonable chance to rectify the situation, and, if so, with what chance to rectify the situation, and, if so, with what result? result?

Definition: Cause 2 Definition: Cause 2

FAILURE TO MEET GENERALLY FAILURE TO MEET GENERALLY ACCEPTED STANDARDS OF ACCEPTED STANDARDS OF

FISCAL MANAGEMENT.FISCAL MANAGEMENT.

This cause is dependent upon the This cause is dependent upon the definition that is used for the term definition that is used for the term “generally accepted standards.” This is a “generally accepted standards.” This is a term of art among financial professionals term of art among financial professionals as it does not speak to the issue of as it does not speak to the issue of financial crime. A district alleging this financial crime. A district alleging this cause must provide specific examples and cause must provide specific examples and factual evidence that the charter school factual evidence that the charter school failed to meet the standard. failed to meet the standard.

Benchmarks: Cause 2Benchmarks: Cause 2Suggested Decision BenchmarksSuggested Decision Benchmarks

What are the allegations?What are the allegations? How does charter school’s conduct of its affairs How does charter school’s conduct of its affairs

fail to meet the standard?fail to meet the standard? Is the failure an isolated incident or part of a Is the failure an isolated incident or part of a

pattern?pattern? Has the school been notified of its shortcomings Has the school been notified of its shortcomings

and afforded an opportunity to rectify the and afforded an opportunity to rectify the situation?situation?

Were there immediate steps (personnel changes, Were there immediate steps (personnel changes, changes in procedures, etc.) the charter school changes in procedures, etc.) the charter school could have taken which could have cured the could have taken which could have cured the problem, or have such steps been tried to no problem, or have such steps been tried to no avail ?avail ?

Benchmarks: Cause 2 Benchmarks: Cause 2 (continued)(continued)


What is the severity of the allegations? Is the What is the severity of the allegations? Is the district’s action the result of a large shortcoming district’s action the result of a large shortcoming or a combination of many small ones? or a combination of many small ones?

How did the problem(s) come to light? Were they How did the problem(s) come to light? Were they discovered by the district? By the charter school? discovered by the district? By the charter school? By an outside party? Was the charter school By an outside party? Was the charter school aware of the problem(s) before they were aware of the problem(s) before they were revealed?revealed?

If the allegation is based upon the school finding If the allegation is based upon the school finding itself with a deficit is it possible for the school to itself with a deficit is it possible for the school to correct the situation through its support network? correct the situation through its support network?


VIOLATION OF LAWVIOLATION OF LAW

There are many violations of law ranging from There are many violations of law ranging from civil infractions to criminal felonies. civil infractions to criminal felonies. Therefore, an allegation based on this cause Therefore, an allegation based on this cause should be material. In other words, it must should be material. In other words, it must rise to the level that in itself warrants the rise to the level that in itself warrants the closure of a charter school due to its severity, closure of a charter school due to its severity, or the level must be reached through a or the level must be reached through a cumulative violation situation that in toto cumulative violation situation that in toto indicates an inability or unwillingness to indicates an inability or unwillingness to conform to legal expectations. conform to legal expectations.

Benchmarks: Cause 3Benchmarks: Cause 3Suggested Decision BenchmarksSuggested Decision Benchmarks

What is the nature of the violation(s)?What is the nature of the violation(s)? Are the violations technical, or do they Are the violations technical, or do they

appear deliberate?appear deliberate? Do the violations involve statutes Do the violations involve statutes

specifically listed as applicable to charter specifically listed as applicable to charter schools?schools?

Are the violations attributable to Are the violations attributable to identifiable persons within the school, and identifiable persons within the school, and could they be eliminated by the departure could they be eliminated by the departure of these persons?of these persons?

Is there substantial evidence to support the Is there substantial evidence to support the district’s findings(s)? district’s findings(s)?

Benchmarks: Cause 3 Benchmarks: Cause 3 (continued)(continued)


Are the violations alleged indicative of a pattern of Are the violations alleged indicative of a pattern of behavior that cumulatively indicate a general lack behavior that cumulatively indicate a general lack of concern for legal requirements?of concern for legal requirements?

Do the violations tend to endanger the health, Do the violations tend to endanger the health, safety or welfare of the students, faculty or staff of safety or welfare of the students, faculty or staff of the school?the school?

Has the school been notified of its violations and Has the school been notified of its violations and been given a chance to correct them?been given a chance to correct them?

Could the violations be the result of honest Could the violations be the result of honest mistakes or misunderstanding of legal mistakes or misunderstanding of legal requirements?requirements?

Are the violations so severe they jeopardize the Are the violations so severe they jeopardize the standing of the school in its community, or standing of the school in its community, or permanently damage that standing beyond repair? permanently damage that standing beyond repair?


OTHER GOOD CAUSE OTHER GOOD CAUSE SHOWNSHOWN

““Good cause shown” is a term of art Good cause shown” is a term of art which conveys a certain degree of which conveys a certain degree of discretion to those making the discretion to those making the decision. Basically, if a charter school decision. Basically, if a charter school runs afoul of, or is somehow materially runs afoul of, or is somehow materially failing, to meet the requirements of failing, to meet the requirements of law or its charter contract, there would law or its charter contract, there would be “good cause”. be “good cause”.

Benchmarks: Cause 4Benchmarks: Cause 4


Is the school materially failing to meet Is the school materially failing to meet a requirement of the statutes or of its a requirement of the statutes or of its charter?charter?

Is there an act or failure to act on the Is there an act or failure to act on the part of the school that materially fails part of the school that materially fails to meet the purposes of the charter to meet the purposes of the charter school law? school law?

Definition: Cause 5 Definition: Cause 5 GOOD CAUSE HAS BEEN SHOWN OR IF THE GOOD CAUSE HAS BEEN SHOWN OR IF THE

HEALTH, SAFETY, OR WELFARE OF THE HEALTH, SAFETY, OR WELFARE OF THE STUDENTS IS THREATENEDSTUDENTS IS THREATENED

This cause results in This cause results in immediate termination immediate termination in in response to an extreme situation – i.e., the response to an extreme situation – i.e., the District Board votes to seize control of the school District Board votes to seize control of the school immediately and oversee its shut down.immediately and oversee its shut down.

As the most drastic form of Termination, the SBE As the most drastic form of Termination, the SBE and the Commission must keep in mind its and the Commission must keep in mind its consequences. The “good cause” applicable here consequences. The “good cause” applicable here refers to an extreme situation such as fraud, refers to an extreme situation such as fraud, extreme mismanagement, etc., or to substantial extreme mismanagement, etc., or to substantial evidence that the health, safety or welfare of the evidence that the health, safety or welfare of the school’s students is in jeopardy.school’s students is in jeopardy.

The SBE and the Commission are required to The SBE and the Commission are required to consider the totality of the circumstances in consider the totality of the circumstances in determining whether this verdict is justified.determining whether this verdict is justified.

Benchmarks: Cause 5Benchmarks: Cause 5


Does the totality of the Does the totality of the circumstances justify the District’s circumstances justify the District’s decision to seize control immediately decision to seize control immediately pending its complete shut down ? pending its complete shut down ?

ENDEND

Documents

Charter School Appeal Guidelines Guidelines for Charter School Non-Renewal, Termination, and Immediate Termination Appeals