Judge rules against 14 Fla. school districts

Fourteen Florida school districts that had challenged a sweeping education law passed by the Legislature last year lost their case Wednesday in a Tallahassee court, though they could appeal the circuit judge’s ruling.

The school districts — including those in Orange, Polk and Volusia counties — sued the state in October, arguing the law, HB 7069, violated the state constitution by usurping power granted to locally elected school boards.

But a circuit judge in Tallahassee ruled in favor of the state on all counts, Woody Rodriguez, attorney for the Orange County School Board, said in an email.

The school districts’ challenge argued the new law unconstitutionally forces local school districts to share some local property taxes with charter schools, which are some-

“The erosion of the authority of local school boards should be a concern to all taxpayers.”

Linda Kobert, Orange school board member

times run by private, for-profit firms, and allows “schools of hope” charter schools to open without oversight from local school boards, among other issues.

“I was discouraged,” said Becki Couch, a Duval County School Board member who sat through the six-hour hearing and heard the judge’s ruling in Leon County Circuit Court. Duval was among the districts that had sued.

Couch said the law, by taking power from local boards, “kind of undoes everything a voted, elected democracy is about.”

The multi-pronged law has been controversial since it was proposed. It was touted by advocates as “transformational” legislation that would lure high-performing charter schools to neighborhoods where students in traditional schools have struggled academically. But critics argued it would harm public schools and their most vulnerable students.

The bill’s provisions related to charter schools prompted some of the biggest outcry, with educators saying they allowed the state rather than school boards to decide how to spend local taxpayer money. Those measures were the focus of the 14-district lawsuit.

Linda Kobert, an Orange school board member, was one of three Orange board members to attend Wednesday’s hearing.

The judge’s ruling was “disappointing,” Kobert said. “The erosion of the authority of local school boards should be a concern to all taxpayers.”

But Kobert said Judge John Cooper, in issuing his ruling from the bench, suggested his hands were tied by previous higher court rulings but that the districts might get a different decision on appeal.

Orange’s school board likely will discuss the possibility of an appeal later this month, Kobert said, adding she’d be in favor of continuing the lawsuit, if the district can continue paying for the legal challenge with money generated from advertising on its website, not taxpayer funds. The board, which initially authorized $25,000 for the court battle, has paid court costs that way so far, she said.

Couch said she expected Duval’s board also would soon discuss the possibility of an appeal.

“I’m not sure what my colleagues will say,” Couch said. “Unfortunately, it’s a tight budget year. I think that’s what districts are going to have to struggle with, is it worth it?”

She added, “I would imagine each school board is going to have a lengthy discussion.”

House Speaker Richard Corcoran championed the 2017 law, saying it provided more options for students who were struggling in traditional public schools and those who opposed it were “terrified of innovation.” Gov. Rick Scott signed it into law in a June ceremony in Orlando.