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Schools

Give charters respect, school districts warned

Districts that deny charter schools' lawful rights may pay through the pocketbook, the state Board of Education says.

By RON MATUS
Published May 18, 2005

TALLAHASSEE - The state Board of Education on Tuesday raised the possibility of withholding money - potentially millions of dollars - from school districts it believes are treating charter schools unfairly.

The discussion followed a series of cases in which the board sided with charters against school districts that either wanted to shut them down or keep them from opening. In a handful of decisions, the state determined the districts had violated the charters' right to due process and skirted state law.

The board "needs to send a message," said vice chairman T. Willard Fair, who worked with Gov. Jeb Bush to set up the state's first charter school.

None of the districts singled out Tuesday are in west-central Florida.

But the discussion highlighted the prickly relationship between districts and charter schools - which get public money but are largely free of district oversight - and a growing rift between districts and the state.

Charters are a mixed bag in terms of student achievement and financial stability, but the state sees them as a legitimate option and a key to better schools. With more than 300 charters enrolling 80,000 students, Florida is a national leader in the charter movement.

"These are all the growing pains of a new option," said K-12 chancellor Jim Warford.

Education Commissioner John Winn said he would contact a handful of districts in coming weeks to ask how they will better comply with charter school laws in the future. If the response isn't satisfactory, he said, the board would begin laying out a procedure that could lead to what he called "the ultimate sanction" - withholding education dollars.

"This is a power the board would use with some discretion ... on the cases that are the most egregious," he said. Among the districts singled out Tuesday: Flagler County in northeast Florida.

In February, the state board overturned a Flagler School Board decision to reject a charter for the Flagler Academies of Excellence. The state's Charter School Appeal Commission determined Flagler didn't have solid evidence to deny the charter and didn't follow requirements to put specific reasons for denial in writing.

A Flagler schools spokesman called Tuesday's discussion "baffling."

The Flagler board revisited the Academies of Excellence charter after the state decision and approved it in line with state recommendations, said spokeswoman Diane Dyer.

"We don't know what we're doing wrong," she said. But "we'll certainly do whatever they want."

Plenty of other districts have had run-ins with charters.

Last year, the Osceola County School Board sued the state board, challenging the constitutionality of the appeals process. That case is pending.

In March, the state board ordered Hillsborough County to give the Life Skills Center a charter even though the school has a $500,000 deficit. The district had "no basis in law" to say no, the board said.

Charters aren't the only state directive in which the Board of Education is hinting that it might use the money stick.

Board chairman Phil Handy said there is "probably noncompliance" among districts that are supposed to set aside a portion of teacher salary budgets for performance pay, so the most effective teachers are rewarded. Teachers unions have resisted such efforts, and some districts half-heartedly put together plans that drew little participation.

Winn said he will bring a full report on the issue to the board next month. He declined to discuss specifics.

Ron Matus can be reached at 727 893-8873 or matus@sptimes.com

[Last modified May 18, 2005, 00:49:11]