A state board found probable cause Wednesday that the Broward School District failed to comply with state law, saying it owes about $80 million from a 2018 referendum to charter schools.
The Florida Board of Education, during a Wednesday meeting in Winter Park, gave the district until the next board meeting April 17 to get into compliance. Marylin Batista, general counsel for the school district, said that timeline is too quick because the district must negotiate with 87 charter schools.
The issue involves a four-year referendum that voters approved in 2018 for teacher raises, mental health and safety and security. The ballot language said charter schools with at least 900 students would get safety and security money, but no other money was shared.
The state passed a law in 2019 requiring charter schools to get a proportional share of all money in future referendums, and several charter schools got favorable court rulings in lawsuits involving other districts that required 2018 referendum money in those districts to be shared.
About 30 charter schools sued the Broward School District in October 2023 seeking 2018 referendum money.
On March 19, Education Commissioner Manny Diaz sent the district a letter saying it was recommending the state Board of Education find the district out of compliance, saying that previous court rulings have already settled the issue.
School district lawyers submitted a memo to the Board of Education arguing the school district fully complies with state law and that the charter schools waited too late to ask for the money.
“The proceeds derived from the levy authorized in 2018 have already been collected and expended in accordance with the terms of the 2018 Referendum,” district lawyers wrote in a memo. “No lawsuit was filed against the District until after the disbursements had been made. There are, therefore, no funds remaining from that levy that could now be disbursed to charter schools.”
Despite saying the district shouldn’t have to pay charter schools, a letter to Diaz from General Counsel Marylin Batista also said, “Please do not take the filing of this memorandum to diminish the District’s commitment to resolving the outstanding issues.”
She said the school district has secured lawyer and former U.S. Sen. George LeMieux to mediate the dispute with charter schools.
Batista acknowledged walking a fine line between trying to resolve the issue while not admitting fault on the part of the district.
“There’s a common standard provision in most settlement agreements that talks about the fact that you do not admit liability. You do not admit that there is a non-compliance,” she told the board.
Lawyers argued the district is currently in compliance with state law because the district is sharing money from a 2022 referendum with charter schools as required by the 2019 law.
“They’re saying we’re currently in compliance. Don’t worry about the old or the past non-compliance, and I think that’s just wrong,” Andrew King, general counsel for the Board of Education, said at the meeting. “They are currently not in compliance with state in compliance with state law because they currently owe this money.”
The State Board also rejected an assertion by district lawyers that the Board of Education should not get involved because the district has been sued and is working to settle the claims.
“I reject the notion that this board doesn’t have the authority to act. If that were the case, anyone could usurp our authority just by filing a lawsuit. I reject that,” Ben Gibson, chairman of the state board, said.
The district’s letter defending itself concerned School Board member Torey Alston, an appointee of Gov. Ron DeSantis. He asked the School Board on March 20 to pass a motion committing to resolving any outstanding debts with charter schools. After some tweaks, the nine School Board members passed the motion unanimously.
“I am totally shocked by the filing sent by the school district. It’s totally counter to the intent, tone and spirit of the board’s three-hour deliberation based on my motion that passed 9-0,” Alston told the South Florida Sun Sentinel. “The board did not authorize that filing, and I’m highly disappointed.”
This is a developing story. Check back for more information.