Why Florida Charter Schools Benefit from Outside General Counsel (2025 Governance & Operations Playbook)
Charter schools in Florida are public schools with unique flexibilities—and very real accountability. Between board governance, authorizer compliance, facilities and financing, student data, special education, employment, procurement, fundraising, and vendor contracts, leaders juggle legal issues every week. That’s why many governing boards and executive directors retain
Outside General Counsel (OGC): a business attorney on call who understands the Florida charter environment and turns legal work into practical checklists, templates, and negotiations.
I’m Attorney Yoel Molina. This guide explains how OGC services support Florida charter schools—new or established, single-site or multi-campus—with an emphasis on Miami-Dade and neighboring districts. You’ll find the highest-impact areas, a 90-day plan, and KPIs to measure ROI.
What “Outside General Counsel” Looks Like for Charter Schools
OGC functions like your part-time legal department. We attend key board or leadership meetings, answer time-sensitive questions in plain English, and keep your governance documents, contracts, and compliance calendar
actionable and current—so instructional leaders can focus on students.
Core objectives
-
Protect academics and funding by keeping the authorizer relationship healthy and audits clean.
-
Prevent issues through proactive policies, training, and contract controls.
-
Speed decisions with plain-English guidance that administrators and board members can apply the same day.
-
Align promises and coverage so contracts, policies, and insurance work together.
12 High-Impact Areas Where General Counsel Adds Value
1) Board Governance & Authorizer Relations
-
Update
bylaws, conflict-of-interest and ethics policies, and board member onboarding.
-
Prepare
board agendas/minutes that reflect Sunshine/Public Records expectations (as applicable).
-
Track
charter agreement deliverables (academic, financial, operational) and renewal timelines.
Outcome: Fewer compliance surprises and a smoother authorizer relationship.
2) Compliance Calendar & Accountability
-
Build a
12-month calendar for reports, financial submissions, audits, safety drills, and renewal milestones.
-
Prepare for
site visits and corrective action plans; coordinate with management companies as needed.
Outcome: On-time submissions and reduced risk of notices of concern or defaults.
3) Student Data Privacy & Technology (FERPA & Ed-Tech)
-
Review
student information systems, learning apps, and data-sharing with vendors (DPAs, security addenda).
-
Align
directory information practices, parent access, and record requests with FERPA.
-
Publish
Terms/Privacy for school websites and portals; verify bilingual consistency if used.
Outcome: Fewer privacy incidents and faster responses to records requests.
4) Special Education & Section 504 Coordination
-
Clarify
LEA responsibilities, evaluation/eligibility timelines, related services, and vendor therapy agreements.
-
Standardize
IEP/504 documentation and parent communication protocols.
-
Align transportation/safety accommodations and staff training.
Outcome: Reduced dispute risk and stronger student supports.
5) Employment & HR Hygiene
-
Offer letters and
employment agreements (where used), plus a concise
employee handbook (timekeeping, devices/BYOD, social media, confidentiality).
-
Role-specific expectations for instructional staff, paraprofessionals, and substitutes; background screening documentation.
-
Separation checklists (property return, system deprovisioning, final pay) and documentation discipline.
Outcome: Fewer HR complaints and cleaner audits.
6) Procurement & Vendor Contracts
-
Standard
MSAs and
RFP/RFQ packages for curriculum, technology, custodial, security, food service, and transportation.
-
Include
service levels, breach notice clocks, data security terms, and
transition assistance.
-
Calibrate
indemnities and
liability caps to insurance and budget realities.
Outcome: Reliable vendors, predictable costs, and leverage when something breaks.
7) Food Service & Transportation
-
Review
food service agreements (pricing adjustments, USDA compliance references, equipment responsibilities).
-
Transportation contracts with
safety, routing, training, and incident-response requirements.
Outcome: Safer operations and fewer budget surprises mid-year.
8) Facilities, Real Estate & Financing
-
Lease terms:
build-out, maintenance, CAM reconciliation, signage, parking, drop-off/pick-up logistics, ADA.
-
Insurance clauses (
Additional Insured, Primary/Non-Contributory, Waiver of Subrogation) aligned to your policies.
-
For financed facilities: covenants, reporting, and cure periods that fit school cash cycles.
Outcome: Campuses that work for instruction without uninsured promises.
9) Safety, Crisis Response & Investigations
-
Update
emergency operations plans, threat-assessment and mandatory reporting protocols.
-
Set
evidence and interview procedures for internal investigations.
-
Coordinate with insurers on notice requirements and panel counsel.
Outcome: Faster, consistent responses that reduce liability.
10) Marketing, Enrollment & Communications
-
Clean
lottery/enrollment procedures, waitlist policies, and multilingual notices.
-
Website, social media, and fundraising pages with compliant claims and privacy.
-
Parent communication templates (attendance, truancy, discipline) that are firm and fair.
Outcome: Transparent, defensible enrollment and fewer complaints.
11) Fundraising, Grants & Gifts
-
Documentation for
donations, sponsorships, and in-kind gifts; recognition and naming rights where appropriate.
-
Grant compliance (allowable costs, procurement standards, reporting).
Outcome: Dollars that stick—and audits that pass.
12) Insurance Alignment with Real-World Risk
-
Match
contracts (leases, vendor MSAs, transportation) to policy endorsements (GL, EDU-E&O/D&O, EPLI, cyber).
-
Track
certificates and renewals; set claim-notice SOPs.
Outcome: No gaps between what you promised and what your policies cover.
A 90-Day General Counsel Plan for Charter Schools
Days 1–15: Baseline & Quick Wins
-
Leadership/Board huddle to identify Top 5 risks by impact on academics, finance, and reputation.
-
Ship updates to
bylaws/COI, board agenda/minute templates, and Public Records/Sunshine practices (as applicable).
-
Patch high-risk
vendor contracts (data security, breach notice, transition help).
-
Confirm
insurance endorsements match lease and vendor demands.
Days 16–45: Institutionalize
-
Load approved
templates: vendor MSAs/RFPs, student data DPAs, employment docs, separation checklists, parent letters (English/Español), website Terms/Privacy.
-
Publish a
compliance calendar for authorizer deadlines, drills, grants, audits, and board cycles.
-
Run
60-minute trainings for administrators: FERPA basics, incident response, contracts 101.
Days 46–90: Measure & Optimize
-
Track
KPIs (see below) and close any audit or site-visit items.
-
Tabletop drills:
data incident,
emergency response, and
vendor outage.
-
Prepare the
renewal/readiness binder: charter deliverables, board minutes, financials, facilities docs, and policy acknowledgments.
KPIs That Prove Legal ROI
-
Compliance: 100% on-time authorizer submissions; zero missed audits.
-
Contracts: median days from vendor selection to executed MSA; % of contracts with data-security and breach-notice clauses.
-
Privacy: # of records requests closed on time; zero reportable privacy incidents.
-
HR: completion rate for staff policy acknowledgments; time-to-close for HR investigations.
-
Insurance/Facilities: % of leases and major contracts aligned with endorsements; incident closure times.
-
Governance: board attendance, timely minutes, conflict disclosures on file.
FAQs from Charter School Leaders
Do you replace the CMO/EMO or internal compliance staff? No. We
partner with your management team, CPA/auditor, broker, and IT/security. OGC converts legal obligations into usable playbooks and checks alignment across functions.
We already use the district/authorizer templates—is that enough? Templates are a starting point. Your vendors, facilities, and operations are unique; OGC customizes terms and makes sure your insurance and policies actually support what you sign.
Can you support bilingual communications? Yes. We prepare
English/Español versions for family-facing policies, website notices, and parent letters to maintain consistency.
Bottom Line
Charter schools win with
clarity, consistency, and compliance. Outside General Counsel gives your board and leadership faster decisions, cleaner contracts, tighter privacy and safety practices, and a calm pathway through audits and renewals—so your educators can focus on student outcomes.
For General Counsel services tailored to your charter school—governance, authorizer compliance, student data privacy, vendor contracts, HR, facilities/leases, safety, and dispute prevention—contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1), or WhatsApp (305) 349-3637.