Jim Saunders / News Service of Florida
TALLAHASSEE --- More than 18 months after legislators passed a controversial education law pushed by then-House Speaker Richard Corcoran, attorneys for the state and 11 county school boards are continuing to battle in court about whether the measure violates the Florida Constitution.
Attorneys for the state this week filed a 100-page document at the 1st District Court of Appeal disputing the school boards’ arguments that the measure --- known in the education world by the shorthand “HB 7069” --- is unconstitutional because it intrudes on the decision-making powers of local school districts and creates a public-school system that is not uniform.
The battle focuses on parts of the mammoth bill that are designed to boost charter schools, including creation of what were dubbed “schools of hope.”
The state’s lawyers wrote this week that the school boards’ arguments about intruding on local powers “neglect the importance of the state’s constitutional authority to provide for and supervise Florida’s statewide system of free public schools.”
“Given the state’s express constitutional authority and lengthy history of involvement in Florida’s statewide system of public schools and education finance --- over decades involving the distribution of billions of dollars for millions of students --- none of the statutes challenged here improperly limit the local boards’ authority or implicate the overall uniformity of Florida’s public schools,” said the document filed by lawyers in Attorney General Pam Bondi’s Office and the state Department of Education.
But attorneys for the school districts, in briefs filed Oct. 31, offered a different picture.
“At issue here is vindication of the school boards’ power to operate, control, and supervise all local public schools, including charter schools,” said a brief filed on behalf of 10 of the school boards. “The challenged provisions intrude on that local control because they sharply restrict the ability of school boards to make discretionary spending decisions and to make the other operational decisions necessary to supervise all the public schools in their districts.”
HB 7069, short for House Bill 7069, was approved by the Legislature in May 2017 and signed into law by Gov. Rick Scott a month later. The measure, which Corcoran made a priority, was one of the most-controversial education bills to emerge from the Legislature in years and drew legal challenges later in 2017.
Corcoran, a Land O’ Lakes Republican who stepped down as speaker last week, is a major supporter of school-choice programs, including charter schools. HB 7069 also came amid a backdrop of clashes between some county school boards and charter-school operators about whether charter schools should be allowed to open. Charter schools are public schools, but they are typically operated by private entities.
Leon County Circuit Judge John Cooper upheld HB 7069 this spring, spurring the school boards to take the debate to the 1st District Court of Appeal. The case involves two appeals, which have been consolidated. One of the appeals was filed by the Collier County School Board, while the other was filed by school boards in Alachua, Bay, Broward, Hamilton, Lee, Orange, Pinellas, Polk, St. Lucie and Volusia counties.
The appeals deal with a series of provisions related to charter schools, with perhaps the most controversial issue involving the creation of charter schools known as “schools of hope.” Under that part of the bill, non-profit charter operators can open schools of hope to serve children who otherwise would attend low-performing traditional public schools.
Other types of charter schools need to get approvals from county school boards, but the appeals argue that HB 7069 has largely taken away local authority over schools of hope. Also, the school boards contend that HB 7069 violates part of the state Constitution that requires uniformity in the public-school system, in part because schools of hope are exempted from requirements imposed on traditional public schools, such as teacher-certification requirements.
“This uniformity requirement has existed in every (Florida) constitution since 1868,” the Collier County School Board’s attorneys wrote in an Oct. 31 brief. “But (the schools of hope section of the law) diverts public funds away from the existing uniform public education system that school boards run and that are bound by the same standards. It then directs those funds to a competing system of ‘schools of hope’ that nonprofits run without local control or oversight and without having to follow the same standards as district schools.”
But attorneys for the state this week rejected such arguments, pointing in part to the fact that schools of hope are public charter schools.
“And regardless of the additional flexibility afforded to hope operators with respect to certain technical requirements like teacher certification, schools of hope must still comply with state laws regarding the student-assessment program and school-grading system; student progression and graduation; the provision of services to students with disabilities; civil rights, student health, safety, and welfare; public meetings and records; and the code of ethics for public officers and employees,” the state’s attorneys wrote. “Any claim that schools of hope would violate the uniformity requirement … therefore fails as a matter of law.”
The nation's largest private school choice program will offer more generous scholarships to participating students. And the largest education savings account program will be able to serve more children.
Florida Gov. Rick Scott on Monday signed school choice legislation supported by a majority of the Legislature's Democrats and all of its Republicans. The governor has long supported school choice and had already approved a more-contentious education bill.
HB 15 strengthens the Gardiner Scholarship program, which provides education savings accounts for children with special needs, and the tax credit scholarship program, which helps 98,000 low-income and working-class students pay private school tuition.
Step Up For Students, which publishes this blog, helps administer both programs.
During a special session, lawmakers revised the budget to send more funding to public schools at Scott's behest. The governor also approved that funding increase Monday.
Tax credit scholarship amounts have long been pegged to public-school funding. Right now, a scholarship is worth about 82 percent of the state's core per-pupil public school operating funding, or about $5,900.
The new law would allow students in secondary schools, where tuition costs tend to be higher, to receive more funding.
The measure also broadens the conditions that allow students to qualify for Gardiner Scholarships. Students with rare diseases and those with vision or hearing impairments can now qualify.
The new law includes provisions to improve the administration of the two private educational choice programs. Military families will be able to apply for tax credit scholarships year-round. Double-billing the same services to Medicaid and the Gardiner Scholarship program is outlawed, a new safeguard to help prevent fraud.
With Gov. Rick Scott's signature, Florida's newest educational choice program will have a new name, and will be able to serve more students.
Legislative leaders joined Gov. Rick Scott after he approved legislation aimed at helping people with special needs.
Flanked by Senate President Andy Gardiner and his family, House Speaker Steve Crisafulli, and the lawmakers who sponsored the legislation, Scott approved SB 672 this afternoon during a ceremony in the governor's office.
The new law increases funding for Gardiner scholarships by roughly a third, to $71.2 million. It also allows more 3- and 4-year-olds to use the education savings accounts for students with special needs, and makes them available to children with muscular dystrophy and a wider range of students with autism.
The scholarships, previously known as Personal Learning Scholarship Accounts, allow families to pay for school tuition, therapy, curriculum and other education-related services of their choice. Step Up For Students, which hosts this blog, helps administer them. (more…)
Charter schools. The abrupt closing of Acclaim Academy charter schools in Duval and Orange shows again that charter school reform is long overdue, writes the Miami Herald's Fred Grimm.
School choice. Tampa Bay Times takes a shot at charter schools and private schools in an editorial panning Gov. Scott's proposal for profit-sharing among hospitals.
Standardized testing. Glitches, again. Tampa Bay Times. Tampa Tribune. Miami Herald. Orlando Sentinel. Gradebook. SchoolZone. The Citrus school board weighs in. Gradebook.
STEM. Black students continue to earn a smaller and smaller percentage of science and engineering degrees in Florida universities. Bridge to Tomorrow.
Rick Scott. Study hard to get out of poverty, he tells students at a Volusia high school. Daytona Beach News Journal.
Superintendents. Exit interview with Manatee's outgoing super. Bradenton Herald. A look at Manatee's interim. Bradenton Herald. Sarasota Herald Tribune.
School spending. Pinellas explores options for self insurance. Gradebook. The Miami-Dade school board considers what to do with 10 acres of prime real estate. Miami Herald. The Leon school district's legal tab in several matters is approaching $400,000. Tallahassee Democrat.
School fighting. City officials in Cutler Bay are concerned about 188 reports of fighting at a local middle school, the highest in the state. Miami Herald. (more…)
Funding. Gov. Rick Scott calls for a "continuation" budget, with potential implications for school funding, while legislative leaders say they intend to assemble a full state spending plan. Times/Herald. The Lee County school board votes unanimously not to ask voters to levy a sales tax for school facilities. Naples Daily News. Fort Myers News-Press.
Charter schools. The Palm Beach school district appeals a state Board of Education decision overturning its denial of a charter school application. Sun-Sentinel. Palm Beach Post. The district and a shuttered charter point fingers over missing records that could cost the district millions in funding. Sun-Sentinel.
Magnet schools. A pair of highly regarded Palm Beach magnet programs land high in national rankings. Palm Beach Post.
Awards. Florida selects its principal of the year. Palm Beach Post.
Lawsuits. Florida Virtual School wins access to its supporting foundation's records in a court case. Orlando Sentinel.
Where does Charlie Crist, the now-Democratic candidate for governor of Florida, now stand on tax credit scholarships for low-income students?
As governor, Crist signed the largest expansion of the scholarships into law, but as a candidate he has mostly avoided the subject. A few weeks ago, when asked by a Miami Herald reporter, he refused to condemn the lawsuit that the Florida teachers union, Florida School Boards Association and other groups filed Aug. 28 to end the program. On Sunday, on a Miami TV program, he acknowledged he has changed his views on the scholarship.
Below is a transcript of the exchange (at roughly the 5 minute mark) between Crist and the Channel 10 anchors.
Channel 10: “In 2010, when you were governor, you signed an expansion of the private school tax vouchers. That was something you were very supportive of. Now that’s in litigation with the Florida Education Association, with the union. And now you have said you are against those private school tuition vouchers. What was that change?”
Crist: “Yeah. Of course. It changed because of Rick Scott. As I said before, when he decided to cut $1.3 billion – actually it was worse, he tried to cut almost $4 billion out of education – but he actually cut $1.3 billion out of it. We can’t talk about vouchers, we can’t talk about charters, we can’t talk about diverting money from education, public education, until we get those cuts restored. That’s why I oppose it. I think it’s so important that we get focused, laser focused, on making sure we restore the cuts that, you know, had to have teachers be fired, laid off, after school programs cut. I mean, I talk to teachers every single day. I’m sure you do, too. We have a lot to do to get education back to where it needs to be.”
Channel 10: “So it’s a financial issue. And if the money is there, you would favor tuition vouchers, if the money for public schools is put back?”
Crist: “I’m not even going there now. What I’m saying is we have to get focused on restoring the cuts. And getting education back to where it had been when I was governor. And had the highest per pupil spending, even in the Great Recession. That’s what teachers deserve. That’s what our students deserve. If they’re going to be able to get good jobs when they get out of school, we have to give them a great education while they’re in school.”
Channel 10: “Charlie, you have sided with the Florida Education Association in this voucher fight. But there are a lot of African-American families, and especially clergy, in the state who believe that school vouchers have been a very good thing for black kids. Because it’s given them school choice. They’re allowed to go to a charter school, even a religious school. And there could be some blow back for you from black voters who say you’re wrong on this issue. What do you say to that?”
Crist: “That’s always possible. I don’t think you’re going to see that, though. Not in this race. Because what Rick Scott has done in the African American community and in the Hispanic community, in particular, especially when you look at Bright Futures scholarships. He has cut 50,000 of them out of the program. 50,000 scholarships gone. That’s like wiping out the University of Florida and it’s been most damaging in the African-American and the Hispanic communities in the state. Because they need the help the most to get a higher education.”
Editor's note: Florida's tax credit scholarship program is administered by nonprofits like Step Up For Students, which co-hosts this blog.
Charter schools. The Naples Daily News takes a closer look at the 269 charter schools that have closed since Florida opened the door to charters in 1996. The Associated Press picks up the story.
Magnet schools. It's time for action on poor-performing charter schools in the Broward County School District. South Florida Sun Sentinel.
Career academies. The Lee County School District will beef up its career education programs under a partnership with Ford Motor Company's Next Generation Learning program. Fort Myers News Press.
School choice. Pinellas public school enrollment increases for the first time in a decade, as charter schools gain more ground and the district, after adding new choice programs, mitigates its losses. Tampa Bay Times. (Enrollment is up in the Leon County School District too. Tallahassee Democrat.)
Crist v. Scott. The Wall Street Journal rips into Charlie Crist for not denouncing the suit to kill the tax credit scholarships. By not denouncing the suit, Charlie Crist may have alienated black voters and cost himself the election. Tampa Tribune. Both pro- and anti- school choice forces are making big contributions. Sarasota Herald Tribune.
More school choice politics? The state NAACP moves to shut down the St. Petersburg branch, headed by Rev. Manuel Sykes, who happens to be at odds with the state chapter over school choice. Tampa Bay Times.
Standardized testing. Tampa Bay Times columnist John Romano says there's too much of it. So do some teachers and parents in Brevard. Florida Today. Despite testing angst, the Lee County School District continues to roll out the new state standards. Fort Myers News Press.
Common Core. A look at how it is changing kindergarten. Sarasota Herald Tribune.
Parents. The Alachua County School District wants to see more dads involved in their kids' education. Gainesville Sun. (more…)
School grades. This year's elementary and middle grades, the last to be based on FCAT scores, brought more A's, more F's, and an even more pronounced trend among charter schools. Tampa Tribune. Miami Herald. Tampa Bay Times. Sun-Sentinel. Palm Beach Post. Florida Times-Union. Orlando Sentinel. Florida Today. Bradenton Herald. redefinED. More than 300 schools - three times more than last year - will be required to provide an extra hour of reading instruction. Tampa Bay Times. Sentinel School Zone. Fort Myers News-Press.
Charter schools. WJXT profiles an administrator focused on turning around struggling charter schools in Jacksonville. The Palm Beach school district says it will give charters one more year of transportation services. Palm Beach Post. A new Alachua school will have a year-round schedule. Gainesville Sun.
Special needs. A district review finds problems with Broward's special education programs. Sun-Sentinel. A charter school for children with autism continues its switch to a private school. Tampa Tribune.
Campaigns. Gov. Rick Scott and Charlie Crist keep assailing each other's education records, but "neither candidate has released anything approaching a detailed education plan." Orlando Sentinel. The Northwest Florida Daily News reports on the expense of running for Okaloosa County School Board, and the Tampa Bay Times does the same in Hillsborough.
Digital learning. Pinellas schools prepare major technology upgrades. Tampa Tribune.
Campaigns. Democrats attack Gov. Rick Scott on education funding. PolitiFact rates them half true. Pinellas school board candidates talk charter schools, Common Core and other hot topics. Gradebook.
Transformation. The information revolution that's playing out in other industries will bring dramatic changes to education in the coming years, former Education Secretary Margaret Spellings writes in the Wall Street Journal.
Growth. Lee County schools are growing, but the district is short on construction funding. Fort Myers News-Press.
Class size. The Duval school district faces a penalty under the state's rules limiting class size. Florida Times-Union.
Closures. The Sarasota school district shuts down a school for emotionally troubled students, saying it would prefer to place them in mainstream classrooms. Sarasota Herald-Tribune.
Teachers. The Sun-Sentinel writes up the federal government's plan to improve teacher equity. Pasco schools aim to limit teachers transferring during the school year. Gradebook.
Superintendents. Osceola's superintendent gets a new contract. Sentinel School Zone.
Administration. An ousted Manatee County administrator could receive back pay and other compensation after complaints against him are dismissed. Sarasota Herald-Tribune.
Unions. Pasco county's school superintendent and union president are at odds over his management style. Gradebook.
School choice. Flagler County school district officials consider making parents responsible for transporting children who attend out-of-zone schools. Daytona Beach News-Journal.
Charter schools. One of Florida's oldest charter schools could soon convert to a private institution after struggling academically. WFSU. A top Charter Schools USA official responds to the recent Sun-Sentinel investigation.
Campaigns. Palm Beach school board candidates declare public education is "under attack." Palm Beach Post. Rick Scott's campaign hits Charlie Crist on teacher layoffs; PolitiFact says "mostly false."
Desegregation. An historically black Orlando neighborhood awaits news about a planned new school. Orlando Sentinel.
Virtual education. A new law change will make it easier for students to meet their online course requirement. Orlando Sentinel.
Finance. The Brevard school board agrees to ask voters for a six-year, half-cent sales tax for facilities, technology and security. Florida Today. Okaloosa school board candidates debate the merits of centralized budget control in the school district. Northwest Florida Daily News.
Administration. The state inspector general wraps up a probe of top Manatee County school district administrators. Bradenton Herald. Volusia schools appoint new principals. Daytona Beach News-Journal. So do Leon County Schools. Tallahassee Democrat.
Labor. The Broward school district's handling of annual contracts draws criticism from employee associations. Sun-Sentinel.
School safety. Duval schools consider self-defense policies for students. WJCT.
