Broward sues over new charter schools law

The Broward County School Board voted Wednesday to sue the state over a new law that requires public school districts to share property tax revenue with charter schools and relinquishes their authority to approve charter applications.

Broward was the first to take action, but other districts are holding similar meetings within the next two weeks, said legal counsel Barbara Myrick. Miami-Dade, Orange and Pinellas counties are among the others that might collaborate in the case.

A spokeswoman for the Orange district said no decision had been made.

Amy Lockhart, chairman of the Seminole County School Board, said her board has not talked about taking similar legal action or joining a Broward lawsuit. But she guessed members would at least want to hear about what the South Florida board was planning. “I’m sure it will be a topic of discussion,” she said.

The Broward school board agreed to spend $25,000 to begin working toward a lawsuit that will argue several components of the law are unconstitutional.

The law restricts the district’s right to “operate, control and supervise” all schools. And its propertytax sharing measure violates the state constitution because charters are not permitted to collect property taxes, according to the district.

The law, signed by Gov. Rick Scott on June 15, enacts measures ranging from recess requirements to additional funding for scholarships for children with disabilities. But it also steers millions of dollars to charter school operators, both by making districts share property tax revenue and setting up a fund for a program called “Schools of Hope.”

Under the law, charter operators will be able to tap into a $140 million fund to open in areas where elementary and middle schools have been rated D or F for at least three years in a row.

Those charters wouldn’t have to adhere to the same rules that district schools do, including class size and teacher certification rules.

Board member Donna Korn said the law should allow district schools the same flexibility as charters.

“Charter schools have added value in our community. The reality is they’ve pushed the envelope. The concern is how blindly this is being done by legislators,” she said.

Board member Rosalind Osgood referred to the law as “strong-arm robbery.”

The district would lose at least $100 million in capital funds over the next five years and possibly owe tens of millions more in debt service because bond ratings are likely to get downgraded, staff said.

Board members said it was time to stand up to a state legislature that has failed to provide adequate support to public schools.

Superintendent Robert Runcie has long pointed out that funding per student in Florida lags thousands of dollars behind the national average.

“What the situation is in Tallahassee isn’t about our children; it isn’t about the voters. It’s about the money,” said Board member Ann Murray. “This is the opportunity for us to start chiseling away at state legislators who don’t put the voter and the children in this state first.”

Proponents have hailed the law’s focus on school choice as a gift for parents to make the best decisions for their children.

House Speaker Richard Corcoran said the program would help students who have been left to “languish in chronically under-performing schools.”