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Hernando Joins Fight For Charter Control

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By LINNEA BROWN, Hernando Today

Published: November 25, 2007

BROOKSVILLE - The Hernando County School Board is not giving up control of the district's charter schools.

At least, not without a fight.

On Tuesday, the board joined a growing number of school districts appealing a new measure by the state Board of Education that would give oversight and sponsorship of local public charter schools to a new state entity.

This month, the state rejected the Hernando district's application to continue overseeing and sponsoring local public charter schools.

Hernando County was among 64 of the state's 67 counties in which control over charter schools has been denied, with control being turned over to the newly-formed Florida Schools of Excellence Commission, created by legislators in spring 2006 to address the needs of charter schools.

Charter schools are public schools that aim to offer hands-on learning opportunities for children and increased involvement with parents and community members.

Hernando school board attorney Paul Carland, however, said the very nature of creating a commission to oversee operations at charter schools impedes the district's constitutional rights to operate, control and supervise all of the county's public schools.

"This is really an intrusion on your constitutional oversight and responsibility of running the schools within the district," he told the board.

In Florida, funding for charter schools comes from the state and is sponsored by the local districts. Charter school students also must pass all state exams and meet all of the state requirements as with the public schools.

Hernando's first and only charter school is Gulf Coast Academy of Science and Technology.

Longtime school board member Jim Malcolm pointed out that while the board would be forced to share control of charter schools, they still would be held responsible for their performance.

"We have not been released from our responsibility," he said. "We have no say-so in what they approve - but should they err, we would have to pick up the pieces. That's why we've become involved."

The only three counties that were allowed to retain exclusive control of their charter schools were ones that met 100 percent of the criteria required by the state: Orange, Polk and Sarasota.
Carland recommended the board seek their appeal individually - rather than piggybacking on lawsuits filed by other districts or entities - to ensure that individual interests are taken care of.

Last year, Hernando was one of several districts that joined a Florida School Boards Association lawsuit stating that the commission is unconstitutional, but the lawsuit later was withdrawn.

The association is pursuing its own litigation again.

"It's very likely that at some point, this will make its way to the Supreme Court," Carland said.

The board unanimously approved the measure, with Carland handling the board's appeal. He said he expects to take it to court within the next several months.

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