Thursday, January 8, 2009

Florida's State Authorizer Shot Down by the FL Supreme Court

Florida's Supreme Court has ruled the state's alternative authorizer, the Florida Schools of Excellence Commission, is unconstitutional. This means only local school districts have chartering authority in Florida. Governor Crist could have appealed the Supreme Court decision, but let the deadline pass without any action.

States with only one authorizer, particularly when the sole authorizer is local school districts, are considered to have weak charter school laws. Across the country nonprofits, mayoral offices, universities, and in many states the State Board of Education authorizes charter schools. States with multiple authorizers have more operating charter schools than states with only one authorizer.

When Colorado's Charter Schools Act was first adopted in 1993 only local school districts were permitted chartering authority. After numerous attempts to get an alternative authorizer, the General Assembly authorized the Charter School Institute in 2004. The bill was sponsored by the current Speaker of the House, Rep. Terrance Carroll and Senate President Peter Groff.

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