Advisory: Florida School Districts Face Wave of Building Notices Under Schools of Hope Regulations
By: Kent Safriet and Jason Torchinsky
Updated Guidance on Rule 6A-1.0998271 and District Authority to Reject Invalid Filings
I. Overview
Florida school districts are currently experiencing a surge in Building Notices filed under the state’s Schools of Hope program following the implementation of this year’s School of Hope legislation. Many recent filings come from charter school entities whose eligibility, intent, or capacity to operate a School of Hope is questionable or contradicted by public statements. These developments raise urgent legal questions about whether districts must process such filings or whether they may reject them.
This advisory summarizes:
- The statutory and regulatory requirements governing Building Notices;
- The legal standard for determining when a Building Notice is valid;
- Recent events involving Hope Operators and Building Notices across Florida; and
- The legal basis for districts to declare non-compliant Building Notices invalid.
As Exhibit A we have included a sample policy that school districts could implement to add predictability and clear guidelines to its own internal process.
II. Statutory and Regulatory Framework
A. Statutory Basis: Section 1002.333, Florida Statutes (Schools of Hope)
Florida’s Schools of Hope law is designed to enable a limited group of state-designated Hope Operators to open schools in areas served by “persistently low-performing” schools. The statute grants Hope Operators the right to seek access to underutilized district buildings and instructs the Florida Department of Education (DOE) to adopt rules governing this process. § 1002.333(4)(b), (10), Fla. Stat.
B. Regulatory Requirements: Rule 6A-1.0998271
DOE implemented the statute through Fla. Admin. Code R. 6A-1.0998271, which establishes strict prerequisites for submitting a Building Notice and governs district responses.
Under Rule 6A-1.0998271(6)(a), a Building Notice is valid only if, at the time of filing, the submitting entity:
- Is a designated Hope Operator;
- Has a bona fide intent to file a statutory Notice of Intent for the identified site;
- Provides enrollment projections for the building following year five within the number of excess seats available in the building; and
- Files the notice 1–2 years before the planned opening date.
Therefore, school operators must be careful to check that any such Notice meets these criteria prior to filing a Building Notice.
III. Current Events: Recent Issues Affecting Hope Operators and Building Notices in Florida
Over the past several months, multiple Florida school districts—including Palm Beach, Hillsborough, Duval, Miami-Dade, and others—have reported a high quantity of Building Notices that appear to be inconsistent with the requirements of the Schools of Hope program. Key developments include:
1. Building Notices Submitted by Entities Not Designated as Hope Operators
Some charter networks have attempted to file Building Notices despite lacking Hope Operator status, perhaps in an effort to reserve buildings or preempt competitors.
2. Operators Publicly Stating They Do Not Intend to Open Schools in the Buildings Identified
Some operators filed Building Notices only to subsequently issue statements saying they do not intend to open schools in many or most of the listed locations—calling into question whether they intend to file a Notice of Intent for such building.
3. Concerns About the Blocking Effect of Non-Compliant Filings
There is concern that speculative filings effectively “reserve” facilities and prevent legitimate Hope Operators from accessing buildings they may actually be prepared to use.
These events have created uncertainty for districts and operators and highlight the importance of understanding the threshold legal requirements for valid Building Notices.
IV. Legal Analysis: When Is a Building Notice Considered Valid?
Rule 6A-1.0998271 can be interpreted to differentiate between:
- Valid Building Notices, which trigger the statutory objection process (limited to “material impracticability”), and
- Invalid Building Notices, which fail to meet the prerequisites and therefore do not require district processing.
A notice is invalid if the operator:
- Is not a Hope Operator;
- Lacks bona fide intent to file a Notice of Intent;
- Lacks the present intent to operate a school in the building identified;
- Exceeds enrollment capacity; or
- Files outside the statutory timeframe.
Public statements, operational capacity, and past conduct are all relevant evidence of bona fide intent.
V. District Authority to Reject Invalid Notices
Some districts believe that they may only “object” to Building Notices on the narrow ground of “material impracticability.” However, this standard applies only after a Building Notice is established to be valid.
Where a filing fails to meet the regulatory prerequisites, the district’s remedy is to:
1. Declare the Building Notice invalid;
2. Remove it from consideration; and
3. Avoid initiating the material-impracticability objection process.
This interpretation is consistent with:
- The structure of Rule 6A-1.0998271;
- Basic administrative law principles; and
- Preventing speculative or strategic filings that misuse the Schools of Hope process.
Failing to reject invalid filings can unlawfully block facilities from legitimate Hope Operators and invite legal challenges from disadvantaged applicants.
VI. Practical Recommendations for School Districts
Districts may consider adopting policies or procedures such as:
- Requiring written verification of Hope Operator status and intent for each facility;
- Setting short timelines (e.g., 3–5 business days) for supplemental documentation;
- Evaluating public statements by the operator for consistency;
- Immediately rejecting notices that fail any prerequisite;
- Publicly documenting reasons for invalidation to ensure transparency.
A model district policy that reflects these principles is attached, which can be adapted for local needs by districts.
VII. Conclusion
Florida school districts are facing a new wave of Building Notices that, based on public reporting and operator statements, often fail to comply with the stringent legal standards of the Schools of Hope program. Rule 6A-1.0998271 provides districts with authority to distinguish between valid and invalid notices and to reject filings that do not meet statutory prerequisites.
Entities affected by these developments—districts, Hope Operators, charter school management organizations, real estate teams, and advocacy groups—should review current filings and ensure compliance with the governing regulations to avoid disputes or delays.
