Charter school legislation controversy

Lawsuits by state school districts trying to derail new charter school legislation may be at risk.

The Constitutional Revision Commission is likely to propose an amendment to invalidate any current and future legal challenges by school districts.

HB 7069 was passed by the Legislature in May, packed with provisions opposed by many public education advocates.

At the top of the list: a requirement for school districts to share local tax revenue with privately-owned charter schools.

Andrea Messina of the Florida School Boards Association said, “That's an issue that local school board members believe is their authority to decide.”

Palm Beach County was the first to file suit against the State Board of Education and the DOE. Districts argue the law unconstitutionally takes away local districts' ability to dictate how to spend tax dollars.

But the lawsuit could be in jeopardy. The Constitutional Revision Commission is expected to propose an amendment to the constitution, giving charters the same rights as other public schools.

At the commission meeting Monday, we asked CRC Commissioner and CEO of the Foundation for Excellence in Education Patricia Levesque if she thought pro-charter amendments would be on the table.

“I think what's really important is that we ensure that the constitution represents all students," Levesque said.

CRC Chairman Carlos Beruff says it's too soon to speculate what the 37-member commission will do.

Carlos Beruff, the Chair of the CRC said, “We'll see in a couple of months what filters through the process and the committee process.”

If the CRC puts an amendment on the ballot to combat lawsuits from school districts it would have to be approved by six out of ten voters to become law.

At least 14 other school boards, including Bay District Schools, have signed on to a pending lawsuit against HB 7069.