Approve the Resolution to Retain Exclusive Authority to Authorize Charter Schools Within the Geographical Boundaries of Hillsborough County

On June 28, 2006, Chapter 206-302, Laws of Florida (formerly House Bill 135) was signed into law by Governor Bush. This law created Section 1002.335, Florida Statutes, which formed the Florida Schools of Excellence Commission (FSE), an independent, state-level commission approved by the Governor, the President of the Senate and the Speaker of the House. The FSE is established as a charter school sponsoring entity working in collaboration with the Department of Education and under the supervision of the State Board of Education (SBE).

F.S. 1002.335 requires a district school board to either (a) adopt a resolution requesting exclusive authority to grant charter applications and file the resolution with the State Board of Education or (b) share the power to grant, deny and terminate charter schools with the FSE. The legislation permits multiple charter school sponsors but fails to identify what agency is the Local Educational Agency (LEA) and fully specify district responsibilities, if any, for schools sponsored by the FSE.

The SBE will grant a district school board exclusive authority to sponsor charter schools within its boundaries if it is determined after adequate notice, in a public hearing, and receiving input from any charter school sponsored by the district, that the district has provided fair and equitable treatment to its charter schools during the four years prior to the submission of the Resolution. On October 19, 2007, the SBE denied the district’s request for exclusivity for the 2007-2008 school year. The district is appealing this decision at this time.

The Superintendent recommends that the School Board adopt a Resolution for Exclusive Authority to Authorize Charter Schools in Hillsborough County for the 2008-2009 school year. If approved by the School Board, the Resolution and supporting documentation of fair and equitable treatment of currently operating Charter Schools will be submitted to the SBE by March 1, 2008.

All District goals and critical success factors.

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