Jan. 10, 2022

What Is A Charter School And Why Should Parents Choose One?

By William C. Davell

Bill Davell: Jeff, let’s start with the basics. What is a charter school?

Jeff Wood: The State of Florida defines charters as “non-profit 501(c)(3) organizations that have a contract or charter to provide the same educational services to students as district public schools.” Charters must be non-sectarian – that is, not religious in their orientation, students must take the same assessments as district-run schools, and teachers must be state-certified. While that’s all accurate, I would offer an alternative definition that gets to the heart of what distinguishes charters: they’re schools that permit parents to make impactful decisions regarding their student’s education when their local traditional public school does not meet their needs. Charter schools are public schools of choice. They are very popular — and among the fastest-growing school choice options in Florida. Charter schools are largely free to innovate, and often provide more effective programs and choice to diverse groups of students. They allow parents, who know their children best, to choose educational environments and options that serve their needs best, and in many instances, to escape underperforming and often, unsafe public institutions.

Bill Davell: Thomas, who operates charters?

Thomas Sternberg: Florida charter schools are all nonprofit organizations overseen by boards of directors made up of volunteers. A number of Florida charters are run by management companies, some of which are for-profit, but they must still answer to these volunteer boards, which in turn are accountable to the district and the state for meeting academic performance and financial standards.

Bill Davell: Jeff, besides their organization, what is different about charters than public schools?

Jeff Wood: The main difference is that they are exempt from many rules and curriculum requirements governing district-run schools so have more flexibility in educational approaches. Some are specialized schools much like magnet schools, for example in the arts and in STEM. But more commonly, charters focus on both innovative and traditional approaches proven to contribute to academic success, especially for at-risk and disadvantaged students such as high standards and expectations for all students, character-building, and safe and nurturing environments.

Bill Davell: Thomas, some say that charters underperform district-run
schools because they are run by unscrupulous operators out for profits. Others say their performance can be better because they “cherry-pick” the best students. Which is it?

Thomas Sternberg: Neither. The truth is that charter schools have been proven to deliver more performance for less taxpayer money. Don’t take my word for it. The Florida Department of Education studied 4.2 million test scores and made 195 comparisons of academic success from the 2017-18 school year. And they found that, and I quote, “students in charter schools outperformed their peers in traditional schools in nearly every category.” That outperformance includes higher rates of grade-level performance in 82% of comparisons and greater learning gains in 93% – even though 67% of charter-school enrollees are minorities. In fact, charters narrowed the achievement gap between white and minority students in 86% of comparisons. Meanwhile, Florida Tax Watch has found that charter schools’ costs per student are 31% below district-run schools when factors such as construction, debt service, pre-school programs, and other often unreported costs are thrown in. Plus charter schools don’t choose the best students – parents choose them exactly because they can expect superior results and experiences for their children. Charter schools cannot have selective enrollment processes and must be reflective of the makeup of their communities. Long waiting lists at many charters indicate that even more parents would choose them if they could.

Bill Davell: Jeff, are there other benefits to charter schools besides academic performance?

Jeff Wood: The COVID crisis and concerns about parental rights to know what their children are being taught both point to the superiority of the charter school model. Our colleague Shari McCartney has pointed out that at the outset of the pandemic, more flexible charter schools were able to shift instruction quickly online while their district-run counterparts were closing. And to reiterate, parental rights and control are at the heart of charter school philosophy, by definition ensuring greater transparency and responsiveness to their preferences in how their children are educated. It’s no surprise then that for the 2020-21 school year, Florida’s public charter school enrollment grew by 3 percent, and nationally, it was up 7%.

Bill Davell: Thomas, if performance, cost, and responsiveness are
superior at charters, why are they so controversial?

Thomas Sternberg: Charter schools represent a challenge to the traditional public school establishment. Giving more power and control to parents means taking power from education bureaucrats and teachers unions, and they are the ones behind unrelenting and inaccurate attacks on charters. They use the charter schools that fail as examples of unaccountability, meanwhile failed traditional public schools remain open with decades of poor academic and fiscal performance. That’s not being accountable to parents. The websites of the FCPCS (bit.ly/FCPCS) and the Florida Charter School Alliance (flcharterschool.org) blow up many of the myths and inaccuracies in reporting and politicized attacks on the schools.

Bill Davell: Jeff, how can parents get more information on charters
and even choose one for their children?

Jeff Wood: The FCPCS and the Alliance both offer resources to help parents find a charter school that is best for their child, as does the Florida Department of Education (fldoe.org/schools/schoolchoice/). And for parents who run into legal problems with a charter school, Tripp Scott has a team of specialists in education law.



Manooch T. Azizi Appointed Legal Counsel to Hispanic Unity of Florida’s Board of Directors

FORT LAUDERDALE, Fla., July 1, 2022 – Tripp Scott, P.A. is proud to announce that Manooch T. Azizi, an attorney with the firm, has been appointed legal counsel to Hispanic Unity of  Florida's (HUF) Board of Directors.

For more than 20 years, Tripp Scott attorneys have been the pro bono legal counsel for Hispanic Unity of Florida, Inc., beginning with the firm's COO Paul Lopez. Manooch T. Azizi joins Charles M. Tatelbaum, Director for Tripp Scott, who is a past Board Chair of HUF and currently an emeritus member of the HUF Board and serves on the Board’s finance committee. 

Remember ‘It’s the economy, stupid’? Well, guess what? It still is

As Published in the Miami Herald

Political enthusiasts will recall the 1992 Clinton presidential campaign’s watchword: “It’s the economy, stupid!”

Households across the country are concerned with inflation. Consumer prices are at a four-decade high, led by gasoline, which has doubled in price since January 2021. Investment portfolios are slashed in half. Meat, poultry, fish, and egg prices are up by more than 14% year over year. Producer price indexes indicate that we can expect further trouble ahead.

A Mortgage Statement May be Deemed a Communication Under the FDCPA and FCCPA

A SPECIAL REPORT by Tripp Scott's Chuck Tatelbaum and Corey Cohen

In a question of first impression in the U.S. Court of Appeals for the 11th Circuit (which has jurisdiction over Florida, Georgia, and Alabama), the court was presented with the question of whether monthly mortgage statements were communications in connection with the collection of a debt under the Federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). In classic lawyer language, the answer is “it depends.” Although this seemingly equivocal response may leave lenders and their professionals to speculate as to a particular result, in this instance, the court determined that it may be subject to both statutes because the monthly mortgage statement stated it was an attempt to collect a debt, asked for payment, and threatened a late fee if not paid timely. Since many mortgage and other loan statements have all or part of this verbiage as standard “boilerplate” language, the decision needs to be a wake-up call for lenders and their attorneys.

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