Law & Courts News in Brief

Fla. Court Rejects Charter Process

By The Associated Press — December 09, 2008 1 min read
  • Save to favorites
  • Print

It may be harder for charter schools to get approval in Florida after an appellate court decision last week.

A three-judge panel of the 1st District Court of Appeal on Dec. 2 struck down a 2006 law that lets applicants sidestep the state’s 67 county school boards by getting their charters from a state commission.

The law creating the Schools of Excellence Commission is in “total and fatal conflict” with the Florida Constitution, which gives the local boards—not the state—authority over public schools, Judge Edward T. Barfield wrote in the unanimous opinion.

He noted the commission is appointed by the state board of education, itself appointed by the governor, from recommendations by the governor, Senate president, and House speaker.

That means charter schools again will have to be approved by school boards, many of which are cool to the charter concept.

The ruling came in an appeal by the Duval County school district, one of 14 that challenged the law after the state board of education denied their requests to retain exclusive jurisdiction over charter schools. The law allowed such exceptions, but the state board denied a total of 28 requests while granting only three to local boards in Orange, Polk, and Sarasota counties.

State Education Commissioner Eric Smith said no decision has been made on whether to appeal the ruling to the Florida Supreme Court.

“It reaffirms the importance of school boards,” said Ron Meyer, a lawyer for the Duval County board. “The people have said we want an elected school board.”

Mr. Meyer, whose other clients include the Florida Education Association, called the ruling “far-reaching,” but said he didn’t know if it portends challenges to other parallel systems.

In a landmark case that Mr. Meyer argued on behalf of the union, the Florida Supreme Court used similar language in 2006 when it struck down a voucher program that sent students from failing public schools to private schools at taxpayer expense.

Related Tags:

A version of this article appeared in the December 10, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Privacy & Security Webinar
How Technology Is Reshaping Childhood
How do we protect kids online while embracing innovation? Learn about navigating safety, privacy, and opportunity in the Digital Age.
Content provided by Connect x Protect
Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP
Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit
Law & Courts Supreme Court’s Gender Identity Ruling Leaves Schools Seeking Clarity
Advocates say they would welcome more from the Supreme Court on gender-notification policies.
7 min read
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington.
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington. The high court recently ruled that California policies that sometimes limit or discourage schools from disclosing information to parents about children’s gender transitions and expressions at school likely violate parents’ constitutional rights
Rahmat Gul/AP
Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS