Judge rules that Palm Beach School Board overstepped its legal authority in restricting charters

Tallahassee – Earlier this week, an administrative judge ruled in favor of parents and charter schools, and against a policy that had been adopted by the Palm Beach County school board in an attempt to impede charter school growth and parental choice.

After reviewing the case made by Renaissance Charter School, Judge McKinney decided that the Palm Beach County school board absolutely overstepped its legal authority by placing new restrictions on charter school growth.   Those restrictions were created in 2015 and included policies requiring charter schools to demonstrate they are “innovative,” mandating that more than half of a school’s governing board members live in the county and prohibiting a new charter school from opening nearby a district-run public school that serves the same grade levels. In his ruling, the judge said that the Palm Beach County School Board Rules “constitutes an invalid exercise of delegated legislative authority,” and that the school board did not have the power to impose them.

“This is an incredible victory for charter movement,” said Ralph Arza, Director of Governmental Affairs at FCSA.  “We commend Stephanie Alexander and her team at Tripp Scott who did an incredible job of making a case on behalf of parents and quality charter schools.”
Notes from Judge McKinney’s order:
  • The section of Policy 2.576e, which requires “fifty one percent of the Governing Board members must reside in Palm Beach County” constitutes an invalid exercise of delegated legislative authority in violation of section 120.52(8)(c).
  • The section of Policy 2.576.f. which requires a “charter school Facility cannot be located in the vicinity of a District – operated school that has the same grade levels and programs” constitutes an invalid exercise of delegated legislative authority in violation of section 120.52(8)(c).
  • The section of Policy 2.573.d.ii.D., which defines innovative and requires the standard,”beyond the status quo,” constitutes an invalid exercise of delegated legislative authority in violation of section 120.52(8)(c).

Read the complete 37-page ruling here.

 

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