Attorney: 'Schools of Hope' building notice from Mater Academy triggers review of district facilities and legal options

The district's attorney, Ms. Enville, briefed the board on a building notice the district received from Mater Academy that cites Florida's Schools of Hope provisions. "Basically, under Florida law, Schools of Hope are [a] specialized category of charter schools...the statutory framework is mostly found in section 1002.333 of the Florida statutes," she said, reading key elements of the statute and related administrative rules.

Ms. Enville explained the difference between a building notice and a notice of intent and said the current submission appears premature because implementing rules have not taken effect. She listed program elements described in the statute and rule: a School of Hope operator must be a 501(c)(3) nonprofit that operates multiple charter schools and meets specified academic and financial criteria; Schools of Hope may request use of underused, vacant, or surplus district facilities at no cost; and districts may be required to enter a performance-based agreement covering operations and facilities. She also cited Florida Administrative Code provisions (referenced in the briefing transcript as "6A1.0998271") and federal opportunity zone statute language when explaining eligibility.

Board members questioned the statute's scope and potential fiscal impacts. "If they decide they wanna open on a Saturday, guess what? We have to cover all of this because it says must," Miss Rosario said, summarizing concerns that co-located schools could require the district to provide facilities-related services (custodial, maintenance, safety, food, nursing, transportation) on days requested by the co-located operator.

Ms. Enville told the board that, following a notice of intent (a later step), the district generally would have 60 days to negotiate a performance-based agreement; failing to timely enter an agreement could affect the district's charter administrative fee. She also pointed out statutory limits and eligibility tests in section 1002.333, including definitions for "persistently low performing schools," Florida Opportunity Zones, and the requirement that a School of Hope be located in the same school district as the notice of intent unless the district lacks suitable underused property.

Board members identified possible legal defenses and process issues: the definition of "underused, vacant, or surplus" facilities is based on district reports to the Department of Education; Mater's building notice requested space for about 344 students (K–5) in its first year, which board members said exceeded available district surplus capacity; and some members suggested the district decline if it lacks qualifying space. Board members also agreed to raise the issue with legislators and at the Florida School Boards Association (FSBA). "We have to presume the law is valid as written," Ms. Enville said, "but there is still the option of further review and, if needed, testing the law in court." No formal legal action or lawsuit was authorized at the workshop.

The superintendent and board members said they would continue a two-track approach: (1) accelerate the district's facility-use analysis and boundary/space recommendations; and (2) coordinate with legal counsel, FSBA, and legislators to clarify statutory implementation and, if appropriate, seek legislative or administrative changes. The board asked the superintendent to add Schools of Hope concerns to legislative-priority conversations and said members would contact state representatives.