Duval County School Bd. v. Bd. of Educ.
2008 Fla. App. LEXIS 18030, 2008 WL 5055659, 998 So. 2d 641 (2008)
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Rule of Law:
A state statute is facially unconstitutional if it establishes a parallel system of public education that divests locally elected school boards of their constitutionally mandated authority to operate, control, and supervise all free public schools within their districts, in violation of Article IX, Section 4(b) of the Florida Constitution.
Facts:
- In 2006, the Florida legislature enacted section 1002.335, Florida Statutes.
- Prior to the enactment of section 1002.335, only district school boards held the exclusive authority to authorize charter schools.
- Section 1002.335 established the "Florida Schools of Excellence Commission" as an independent, state-level entity with the power to authorize charter schools throughout the State of Florida.
- The statute mandated that district school boards could exercise exclusive authority to authorize charter schools within their respective districts only if the State Board of Education granted them such power.
- Multiple school boards subsequently filed resolutions with the State Board of Education, seeking to retain their exclusive authority to authorize charter schools.
- The State Board of Education, after conducting hearings, denied the resolutions of 28 school boards, allowing only Orange County, Polk County, and Sarasota County to retain their exclusive authority.
- The statute became effective for the 2007-2008 fiscal year.
Procedural Posture:
- The Florida legislature enacted section 1002.335, Florida Statutes, which created a state commission to authorize charter schools and required district school boards to seek permission from the State Board of Education to retain their exclusive authority over charter schools.
- Multiple school boards filed resolutions with the State Board of Education, requesting to retain their exclusive charter school authorization authority within their respective districts.
- After conducting hearings, the State Board of Education denied the resolutions of 28 school boards, allowing only three school boards to retain their exclusive authority.
- Several school boards, including the Duval County School Board, then filed notices of appeal, challenging the constitutionality of section 1002.335 to the First District Court of Appeal of Florida, which consolidated these appeals.
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Issue:
Is Section 1002.335, Florida Statutes (2006), which creates the Florida Schools of Excellence Commission to authorize charter schools and restricts district school boards' exclusive authority, facially unconstitutional under Article IX, Section 4(b) of the Florida Constitution?
Opinions:
Majority - BARFIELD, J.
Yes, Section 1002.335, Florida Statutes (2006), is facially unconstitutional because it establishes a parallel system of free public education that improperly divests locally elected school boards of their constitutionally mandated authority. Article IX, section 4(b) of the Florida Constitution clearly states that "The school board shall operate, control and supervise all free public schools within the school district." Section 1002.335 created an "Excellence Commission" that usurps these specific powers regarding charter schools sponsored by the Commission, thus creating a system that escapes the operation and control of local elected school boards. The court rejected the State Board of Education's arguments that the statute promoted constitutional goals of uniformity and efficiency and had a modest impact. Citing Bush v. Holmes, the court emphasized that the usual deference given to legislative policy decisions is always circumscribed by the Constitution, and that even a small constitutional violation is equally invalid because it sets a precedent for larger ones. The court further found that the statute's provision allowing districts to retain some control offered no salvation, as the statute provided mechanisms to remove that authority, relegating local boards to ministerial functions, as evidenced by the widespread denial of resolutions to retain exclusive control.
Analysis:
This case significantly reinforces the principle of enumerated constitutional powers, particularly concerning the structure of public education governance in Florida. It establishes that legislative acts, even those aimed at perceived improvements like efficiency or uniformity, cannot override clear constitutional mandates for local control over public schools. The decision serves as a crucial check on state legislative authority, ensuring that the roles and responsibilities of locally elected bodies, as defined by the constitution, are preserved. This ruling provides guidance for future cases involving attempts to centralize power or establish alternative systems that could dilute the authority of constitutionally designated local entities.
