Last Updated July 21, 2013


The list below is a list of Attorney General opinions that specifically reference charter schools in their subjects. A complete list of opinions is available online at http://myfloridalegal.com/ago.nsf/Opinions, and the other opinions may also relate to Charters as a public / not for profit. If you believe you have found an additional opinion that should be included on this list, please email it to Curtis Fuller.



In addition to the above opinions, the Florida Department of Education’s General Counsel has issued the following opinions that relate specifically to charter schools.


  • Charter school authority to enforce parent volunteer contracts
    • May 9, 2013
    • 13-01
    • Florida law does not provide an opportunity for a charter school to allow volunteer hours identified in a parent volunteer contract to be “purchased” as a monetary donation to the school.
    • Icon of OGC-Opinion-13-01-EnforceParentVolunteerContracts OGC-Opinion-13-01-EnforceParentVolunteerContracts (OGC-Opinion-13-01-EnforceParentVolunteerContracts.pdf, 57 KiB)
  • Review of district refusal to modify charter contract
  • Charter school authority to enforce parent volunteer contracts
    • April 16, 2003
    • 03-05
    • 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.
    • Icon of OGC-Opinion-03-05-DenyEnrollmentOnVolunteerHours OGC-Opinion-03-05-DenyEnrollmentOnVolunteerHours (OGC-Opinion-03-05-DenyEnrollmentOnVolunteerHours.pdf, 34 KiB)
  • Allocation of Funds Within a Charter School System
    • October 7, 2003
    • 03-10
    • Section 1002.33, F.S., allows districts to receive applications and contract with municipalities and nonprofit entities for the purpose of operating public schools provided certain specified statutory criteria are met. Specifically, Section 1002.33(3)(b), F.S., provides for public schools to apply to the district to become conversion charter schools. Provided that it is addressed in the charter and all charter school statutory provisions are met, there is no statutory or constitutional prohibition that would prevent the District from agreeing to allow the operating entity to exercise funding flexibility, including the type of flexibility which would involve the above-referenced allocation of funds.
    • Icon of OGC-Opinion-03-10-CommingleFunds OGC-Opinion-03-10-CommingleFunds (OGC-Opinion-03-10-CommingleFunds.pdf, 65 KiB)
  • Charter Schools-in-a-Municipality and Charter Schools-in-the-Workplace – Enrollment Practices
    • April 4, 2002
    • 02-02
    • Enrollment preference is permitted in both instances. (To children of the residents of that municipality who are seeking enrollment, and to children of employees of that business or corporation who are seeking enrollment)
    • Icon of OGC-Opinion-02-02-MunicipalityCharterEnrollmentPreference OGC-Opinion-02-02-MunicipalityCharterEnrollmentPreference (OGC-Opinion-02-02-MunicipalityCharterEnrollmentPreference.pdf, 0.1 MiB)
  • Charter School Issues
    • April 17, 2002
    • 02-03
    • Provided that such an arrangement is evidenced by a modification of the charter agreement, and is not used by the school board as a means to impose unreasonable rules or regulations that violate the intent to give charter schools greater flexibility to meet educational goals. See Section 228.056(4)(f), Fla. Stat. Our opinion further assumes that the proposed arrangement would not affect the status of the charter school as an independent legal entity organized as, or operated by, a nonprofit organization pursuant to Section 228.056(8), Fla. Stat., consistent with applicable requirements set forth in Section 228.056(9), Fla. Stat.
    • Icon of OGC-Opinion-02-03-ContractWithDistrictForServices OGC-Opinion-02-03-ContractWithDistrictForServices (OGC-Opinion-02-03-ContractWithDistrictForServices.pdf, 67 KiB)
  • Discussions regarding charter school code election
    • July 23, 2002
    • 02-08
    • The charter school building code election established by Section 228.056(17)(a), Florida Statutes, survives the implementation of the Florida Building Code.
    • Icon of OGC-Opinion-02-08-CharterSchoolBuildingCodeElection OGC-Opinion-02-08-CharterSchoolBuildingCodeElection (OGC-Opinion-02-08-CharterSchoolBuildingCodeElection.pdf, 70 KiB)
  • Legal Opinion-Charter School and Expulsion
    • March 21, 2001
    • 01-01
    • While charter schools may dismiss students in accordance with established procedures, only a district school board may expel a student.
    • Icon of OGC-Opinion-01-01-Expulsion OGC-Opinion-01-01-Expulsion (OGC-Opinion-01-01-Expulsion.pdf, 74 KiB)
  • Status of Charter Schools in FEFP Sparsity Supplement
  • Charter School Issue
    • April 12, 2001
    • 01-09
    • Assuming that such Charter Schools are “educational units” as defined by Chapter 120 (and thus a covered “agency” for purposes of the notice requirement), Section 120.81(1), Florida Statutes (2000), provides an exemption from the requirement to publish notice of meetings in the Florida Administrative Weekly.
    • Icon of OGC-Opinion-01-09-AgenciesForMeetingNotice OGC-Opinion-01-09-AgenciesForMeetingNotice (OGC-Opinion-01-09-AgenciesForMeetingNotice.pdf, 36 KiB)
  • Charter School Capital Outlay Funds
    • August 14, 2001
    • 01-14
    • District is not required to disburse the capital outlay funds without satisfactory documentation of the expenditure. Charter school capital outlay plan may be denied if the district considers it to be an unjustified expenditure under Section 228.0561, Florida Statutes.
    • Icon of OGC-Opinion-01-14-CapitalOutlayFunds OGC-Opinion-01-14-CapitalOutlayFunds (OGC-Opinion-01-14-CapitalOutlayFunds.pdf, 67 KiB)
  • Charter School Transportation and Funding Issues
    • September 5, 2001
    • 01-16
    • State statutes establish both the types of vehicles in which students may be transported and the situations for which transportation funding is authorized. As public schools, charter schools are required to comply with transportation safety and funding requirements.
    • Icon of OGC-Opinion-01-16-TransportationRequirements OGC-Opinion-01-16-TransportationRequirements (OGC-Opinion-01-16-TransportationRequirements.pdf, 0.2 MiB)

Note – DOE General Counsel’s Office does not have legal opinions written prior to 2000 online.