How are charter schools funded in Florida and what money are they entitled to?

Plain-English summary

The attorney for the Francis Marion Military Academy, a charter school, asked the Attorney General's office for help understanding how charter schools are entitled to and receive public money. A senior assistant attorney general answered with this informal letter.

The short version: charter schools are funded the same way as every other public school in their district. Florida authorized charter schools in 1996, and the governing statute, section 1002.33, treats them as part of the state's public education program. Section 1002.33(17) says students enrolled in a charter school "shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district."

The money flows through the Florida Education Finance Program (FEFP). Under the formula in section 1002.33(17)(b), the school district's FEFP operating funds (gross state and local funds, discretionary lottery funds, and the district's current operating discretionary millage) are divided by the district's total funded weighted full-time-equivalent (FTE) students, then multiplied by the charter school's weighted FTE students. Charter schools also get their proportionate share of categorical program funds, including transportation, when their students or programs meet the eligibility criteria, and they receive the federal funds they otherwise qualify for, such as Title I. The letter applied the plain-meaning rule of statutory construction and pointed the requester to the Department of Education's Office of Funding and Financial Reporting for case-specific calculations, enclosing a TaxWatch report and the earlier AGO 2004-67 on charter school funding.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or formula mentioned here.

Common questions

Q: Do charter schools get less public money than regular public schools?
A: Under this opinion, no. Section 1002.33(17) funds charter school students the same as students in other public schools in the district, through the Florida Education Finance Program.

Q: How was a charter school's funding amount calculated?
A: By a per-student formula: the district's FEFP operating funds divided by its total funded weighted FTE students, multiplied by the charter school's weighted FTE students. Funding was recalculated during the year to reflect actual reported enrollment.

Q: What counted toward those operating funds?
A: Gross state and local funds, discretionary lottery funds, and money from the district's current operating discretionary millage levy, as listed in section 1002.33(17)(b).

Q: Did charter schools get categorical and federal money too?
A: Yes. The statute entitled them to their proportionate share of categorical program funds (including transportation) for eligible students and programs, and to federal funds they otherwise qualified for, including Title I.

Q: Who actually calculates and distributes the money?
A: The opinion directed the requester to the Florida Department of Education's Office of Funding and Financial Reporting, which calculates and distributes FEFP and categorical funds and handles district financial reporting.

Background and statutory framework

Charter schools were authorized by Chapter 96-186, Laws of Florida, and are now governed by section 1002.33, Florida Statutes, which allows both new charter schools and conversion of existing public schools and makes them part of the state's public education program. Section 1002.33(17) sets the funding rule and the FEFP formula in subsection (17)(b), tied to the Florida Education Finance Program in section 1011.62 and the General Appropriations Act. A charter lab school is funded under section 1002.32. The statute also requires districts to pass through federal funds for the same level of service to eligible charter students and to reimburse charter schools in a timely and efficient way.

The opinion rested on plain-meaning statutory construction, citing M.W. v. Davis, 756 So. 2d 90 (Fla. 2000), and Holly v. Auld, 450 So. 2d 217 (Fla. 1984), among others, for the principle that clear statutory language is given its obvious meaning without resort to further construction.

Citations and references

Statutes:

• § 1002.33, Fla. Stat. (charter schools)
• § 1011.62, Fla. Stat. (funds for operation of schools; FEFP)
• § 1002.32, Fla. Stat. (developmental research (laboratory) schools)

Cases:

• M.W. v. Davis, 756 So. 2d 90 (Fla. 2000)
• McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998)
• Osborne v. Simpson, 114 So. 543 (Fla. 1927)
• Holly v. Auld, 450 So. 2d 217 (Fla. 1984)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/charter-schools-entitlement-to-public-funding
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8125

Original opinion text

Mr. Lewis E. Dinkins

201 Northeast 8th Avenue

Ocala, Florida 34470

Dear Mr. Dinkins:

As attorney for the Francis Marion Military Academy, a charter school, you have requested this office's assistance regarding entitlement and distribution of funds to charter schools pursuant to provisions of the Florida Statutes. Attorney General Bondi has asked me to respond to your letter.

In order to supplement the educational opportunities of children, the Florida Legislature, in 1996, authorized the creation of charter schools.[1] The statute, now codified at section 1002.33, Florida Statutes, allows for both the creation of new charter schools and the conversion of existing public schools to charter status.[2] Section 1002.33 provides for the creation of such charter schools as part of the state's program of public education.[3]

Section 1002.33(17), Florida Statutes, makes provision for the funding of charter schools. The statute states:

"Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district. Funding for a charter lab school shall be as provided in s. 1002.32."

Charter schools are required to report their student enrollment to the district school board and the school board must include each charter school's enrollment in the district's report of student enrollment.[4]

The statute provides the basis for funding students enrolled in a charter school. Section 1002.33(17)(b), provides:

"The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Education Finance Program as provided in s. 1011.62 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from the school district's current operating discretionary millage levy; divided by total funded weighted full-time equivalent students in the school district; multiplied by the weighted full-time equivalent students for the charter school. Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Education Finance Program by the Legislature, including transportation. Total funding for each charter school shall be recalculated during the year to reflect the revised calculations under the Florida Education Finance Program by the state and the actual weighted full-time equivalent students reported by the charter school during the full-time equivalent student survey periods designated by the Commissioner of Education."

A district school board that is providing student programs or services funded by federal funds must provide federal funds for the same level of service to any eligible students enrolled in charter schools in the district.[5] In addition, the statute requires that "[p]ursuant to provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall receive all federal funding for which the school is otherwise eligible, including Title 1 funding . . . ." The statute also requires the timely and efficient reimbursement of charter schools by district school boards.[6]

It is a general rule of statutory construction that the intent of the Legislature is to be determined initially from the language of the statute itself.[7] Thus, where the language of a statute is plain and definite in meaning without ambiguity, it fixes the legislative intention such that interpretation and construction are not needed.[8]

Section 1002.33(17), Florida Statutes, provides that "[s]tudents enrolled in a charter school . . . shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district." The language of the statute appears to be plain and definite and the intention of the Legislature is conveyed clearly and must be followed.

In sum, charter schools are funded through the Florida Education Finance Program (FEFP) in the same way as all other public schools in the school district. The charter school receives operating funds from the FEFP based on the number of full-time (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; divided by the total funded weighted full-time equivalent (FTE) students in the school district; multiplied 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.[9]

A brief review of the Florida Department of Education, Office of Funding and Financial Reporting (OFFR) website reveals data on charter school funding. You may wish to contact the department for more in depth consideration of your particular question. The OFFR has two primary functions: (1) Calculation and distribution of funds provided through the FEFP and state categorical aid programs such as pupil transportation; and (2) Financial reporting of school districts. Questions relating to the responsibilities of the Office of Funding and Financial Reporting, may be directed as follows:

Mark Eggers

Bureau Chief of School Business Services

325 W. Gaines Street

824 Turlington Building

Tallahassee, Florida 32399-0400

Phone: (850) 245-0405

Fax: (850) 245-9135

E-mail: [email protected]

I am enclosing a recent Research Report by the Florida TaxWatch Center for Educational Performance and Accountability entitled "How Charter School Funding Compares" and Attorney General Opinion 2004-67 which dealt with charter school funding. I am also enclosing a copy of an article from the Florida Department of Education Office of Independent Education & Parental Choice, entitled "Charter Schools – FAQs." I trust that these informal comments and the copies I enclose will be helpful to you.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

Enclosures

[1] See s. 1, Ch. 96-186, Laws of Fla.

[2] Section 1002.33(3), Fla. Stat.

[3] Section 1002.33(1), Fla. Stat.

[4] Section 1002.33(17)(a), Fla. Stat.

[5] Section 1002.33(17)(c), Fla. Stat.

[6] Section 1002.33(17)(e), Fla. Stat.

[7] See, e.g., M.W. v. Davis, 756 So. 2d 90 (Fla. 2000) (when language of statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to rules of statutory interpretation and construction as statute must be given its plain and obvious meaning); McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998); Osborne v. Simpson, 114 So. 543 (Fla. 1927) (where statute's language is plain, without ambiguity, it fixes legislative intention and interpretation and construction are not needed); Holly v. Auld, 450 So. 2d 217 (Fla. 1984).

[8] See Ops. Att'y Gen. Fla. 00-46 (2000), 99-44 (1999), and 97-81 (1997).

[9] See Florida Department of Education Office of Independent Education & Parental Choice, "Charter Schools – FAQs" at: http://www.floridaschoolchoice.org/information/charter_schools/faqs.asp, accessed on 01/09/2013.