The Florida Supreme Court handed a legal victory Tuesday to a charter school company battling the Palm Beach County School Board for the right to open a school west of Delray Beach.
In a decision announced today, justices refused to hear the school board’s appeal of the case, letting stand a lower court decision that affirmed the state government’s power to overrule school boards regarding whether charter schools can open.
The decision could force the school board to allow the company, Charter Schools USA, and an affiliated non-profit to open the school after nearly three years of legal battles. The company operates six other schools in Palm Beach County under the Renaissance name.
The legal tangle started in December 2014, when the school board unexpectedly overruled school district officials and voted to reject the company’s application to open a new school west of Delray Beach.
School district officials said the school met all of their criteria, but board members declared that the school should not be allowed to open because it was not “innovative.”
The non-profit that applied to open the school, Florida Charter Education Foundation, appealed to the state Board of Education, which overruled the county school board.
The school board sued, arguing that under Florida’s constitution only school boards can decide which charter schools open in their jurisdiction.
In January, the appeals court called that argument “meritless.”
The school board appealed once again, this time to the state Supreme Court. On Tuesday, the court denied the request for an appeal.
Florida Charter Education Foundation, which applied to open the school on Charter Schools USA’s behalf. said that it was “obviously pleased” by the Supreme Court’s decision, calling the school board’s appeals an attempt to “limit parental choice in education.”
“Finally Palm Beach County taxpayer dollars can go toward educating students instead of financing frivolous lawsuits,” said Rod Jurado, the non-profit’s chairman. “We look forward to putting this behind us so that we can work positively with the school board toward doing what is best for students.”
Before the school can open, the non-profit will have to resubmit its appeal to the state.
In January, the appeals court court ordered that a state charter school appeal commission review the case again and send the state Board of Education a “fact-based justification” to consider.
The state board is not required to follow the appeal commission recommendation.
In a statement, the school district conceded that the charter school company could now move forward with a new request for the state Board of Education to overturn the school board’s decision.
“The Florida Supreme Court had the discretion either to take the case or not,” the district said. “The court did not explain its reasoning for declining to take the case.”
A Palm Beach County school bus driver has been fired after officials said he was involved in five bus crashes in less than a year.
The county school board voted today to fire driver Craig Freeman, 59. He will have an opportunity to appeal the termination.
In a termination letter, school district officials say that Freeman was involved in five bus crashes, the most recent one on June 1.
The letter does not give details about the crashes or whether anyone was injured. A school district spokeswoman said she did not have further information about the incidents.
After the various crashes, Freeman’s total “driver safety points” exceeded the maximum permitted within a 3-year period under school district rules, prompting his termination. Records show he was hired by the school district in September 2015.
In an interview, Freeman characterized the spate of crashes as an unlucky run. He said only one of the accidents was his fault, and that some were “minor stuff” in which his bus’s side-view mirror was struck during turns.
“I’ve been driving buses since the ’70s,” he said, “and basically I just had some bad luck and that’s what it boiled down to.”
Palm Beach County Schools Superintendent Robert Avossa blasted President Trump’s decision today to end protections for younger immigrants residing illegally in the U.S. as “contrary to what many refer to as the American Dream.”
In a statement this afternoon, Avossa promised that the county’s public schools would continue to educate all students regardless of their immigration status as required by state and federal law.
The county’s schools, he said, will continue to be “a safe place for all children.”
“I don’t want our immigrant students in Palm Beach County to be deterred by today’s announcement,” Avossa wrote. “My message to you is this – your hard work and determination are important now more than ever. Your future is bright.”
U.S. Attorney General Jeff Sessions today announced that the Trump administration would begin rolling back a federal program created by former President Obama that allowed young, longtime immigrants living in the country illegally to work and reside without fear of deportation.
Here is Avossa’s entire statement:
The Administration’s decision today is contrary to what many refer to as the American Dream. We will continue to advocate for the children whose voices will be silenced by this decision.
Many of the impacted children from today’s announcement have known no other home but these United States. They are children who, just five years ago, were provided assurances from this great Nation that they were free and safe to live and dream alongside their peers. They are children who were told and believed that they could be anything they wanted to be, if they just worked and studied hard. They are children who are caught in the crosshairs of contentious politics, who may wake up afraid tomorrow in a home where they once felt safe.
We must all call on lawmakers to set aside their differences and keep the dreams alive for our children.
I don’t want our immigrant students in Palm Beach County to be deterred by today’s announcement. My message to you is this – your hard work and determination are important now more than ever. Your future is bright.
Our Constitution guarantees all children, regardless of immigration status, equal access to public education. Despite today’s announcement, students who were not born in the United States are entitled to attend public school.
The Palm Beach County School District is committed to ensuring all of our students are valued and supported regardless of their immigration status or national origin. We value and celebrate the incredibly diverse, multicultural character of our student body, and I believe we are stronger for it.
Schools in Palm Beach County do not, cannot, and will not ask students or their parents for information about their immigration status. The Florida Department of Education prohibits Florida’s public schools from inquiring about student and family immigration status or requiring students to obtain a Federal Social Security number.
Our schools are a safe place for all children to learn and grow and I expect all of our students to come to school, all day, every day.
Our doors are open to every child, not only because it is right, but because it is the law.
UPDATE: Palm Beach County’s public schools will close Thursday and Friday as the region braces for Hurricane Irma.
The county school district announced the closures this afternoon, shortly the public school districts in Miami-Dade and Broward counties made similar announcements.
The closures affect the county school district’s more than 180 school campuses from Jupiter to Boca Raton.
In a message on Twitter, the school district said that the closures were done “to allow PBC families to prepare” for the approaching Category 5 storm.
“While landfall is not expected until Sunday, we have a responsibility to ensure our personnel have ample time to prepare before tropical force winds arrive in the area,” Schools Superintendent Robert Avossa said in a statement.
All of the district schools’ aftercare programs will be in operation until 6 p.m. Wednesday, but sports events and school meetings scheduled for Wednesday afternoon will be cancelled.
In a news conference this afternoon, Avossa said that the school district is readying 15 school campuses for use as hurricane shelters, which together can house up to 50,000 people. County emergency managers decide when to open shelters, but Avossa said they should be ready to house people as early as Wednesday evening.
A fleet of school buses will also be at the ready for evacuations in the Glades region if water levels in Lake Okeechobee threaten the integrity of the dike.
While the county is not expected to feel any effects from Irma before Friday, Avossa said that it was critical to give families and the school district’s more than 22,000 employees time to prepare.
“I have an obligation to make sure those teacher sand staff have time to prepare their families,” he said.
Avossa said he believed the recent devastation in Houston from Hurricane Harvey helped to raise awareness of a hurricane’s risks.
“People are paying a lot more attention than we have in the past,” he said. “Harvey, I think, helped people pay attention earlier instead of later.”
ORIGINAL STORY: Palm Beach County School District Officials are watching the hurricane forecast closely but have not yet made the call regarding if and when schools would close. An announcement regarding closures is expected at 4 p.m. today.
Shortly after 3 p.m., Miami-Dade Public Schools Superintendent Alberto M. Carvalho announced that school district is closing schools Thursday ahead of Hurricane Irma in an abundance of caution.
The Palm Beach County district works closely with the county’s emergency managers in making that call, spokeswoman Kathy Burstein said. Those emergency managers, including representatives from various emergency services, are due to talk to state officials in a conference call at 11:15 a.m. Tuesday.
“As Hurricane Irma moves through the Atlantic Ocean, School District of Palm Beach County leaders are closely monitoring the storm and its track.
“Any time severe weather affects Palm Beach County, the District works with emergency management officials, including the National Weather Service, to determine how school operations will be affected. Our top priority is to ensure the safety of our students, employees, volunteers and visitors.” – PBCSD statement regarding Hurricane Irma
When that call is made the information will be posted on the district’s website and phone calls home to parents. The message will also go out on social media. Follow the district on Twitter at @pbcsd and find it on Facebook at www.facebook.com/pbcsd.
Check back with ExtraCredit for more details as they become available.
Anew law requires Palm Beach County’s public school system to share an extra $10 million with charter schools this year, but school district leaders are telling those schools not to make any spending plans just yet.
In a letter dated Aug. 25, the school district warns the county’s 48 charter schools to “refrain from pledging any and all future revenues” from the new spigot of cash that state lawmakers opened this spring.
The reason: The county’s school board and 10 others plan to sue to overturn the new state law, which for the first time requires school districts to give charters a share of the money they raise from property taxes for construction and maintenance.
The school district’s letter says that the requirement to share the money was part of House Bill 7069, a sweeping education bill passed earlier this year, and that the school board is challenging the law on constitutional grounds.
“If the school board’s challenge is successful, these provisions will be struck down,” Mike Burke, the school district’s chief financial officer, wrote. “Therefore the purpose of this notice is to advise you and all relevant parties to refrain from pledging any and all future revenue(s) derived from (the property tax dollars).”
Burke asked charter school leaders to sign a form acknowledging the warning and promising to alert the school district if they do intend to make plans to spend the new money.
“I agree to notify the School Board of Palm Beach County of any intent to pledge future revenue(s) derived from the discretionary capital outlay millage funds referenced under HB 7069,” the form states.
In an interview, Burke said that school district leaders “felt like we needed to put the charter schools on notice.”
“This law was just put into in place, and it is going to be challenged,” he said.
Burke said the letter was simply an effort to warn charter schools that the money they’re expecting to receive this year could be in legal jeopardy. State law requires the school district to send the money to the charters in February.
Burke said the district intends to comply with the requirement to pay out the $10 million unless a court orders it not to.
He said he was unsure whether the charters could face any repercussions from the school district for making plans to use the prospective cash to, for instance, take out loans or sign building leases.
Charters are privately operated, but school districts distribute their state money, monitor their performance and have authority to close them if they violate rules or perform poorly.
The notice has raised the ire of some charter school leaders, who say the district is trying to pressure the independently run schools to disavow any plans for spending their own money.
“It’s a little bit of bullying by the Palm Beach County School District,” said Ralph Arza, a lobbyist for the Florida Charter School Alliance. “You’re essentially saying: That money that is coming to you – we want you to commit to not using it.”
Last month the county school board voted to join several other Florida school boards in a lawsuit about 7069.
School district leaders argue that HB 7069 illegally restricts school boards’ sovereignty and improperly gives charters a portion of property tax proceeds. They allege the measure also violates a requirement that legislative bills focus on a single subject.
Charter school advocates have condemned the plans for legal action, saying that charters are entitled to a portion of the school board’s construction money since they educate public school students as well.
Arza said that the school district’s request that charter schools sign the form “puts principals in a tough spot.”
“The district is the charter authorizer,” Arza said. “They have some level of authority over you, and they’re the ones calling around saying ‘Why haven’t you returned this?’”
Grove Park Elementary spent $14,000 on a 3-hour field trip to a Miami zoo, used school funds to buy Saks Fifth Avenue sandals for an assistant principal, and held donated Christmas toys for use as rewards for students with high test scores, a school board investigation found.
Principal JoAnne Rogers did not violate any policies last year when her Palm Beach Gardens school failed to distribute toys from the Toys for Tots charity the week before Christmas, deciding to instead hand them out later in the year to students who made “academic gains during testing” or other achievements, investigators concluded.
But the move violated the Marine Toys for Tots Foundation’s wish that they be given to needy children as Christmas gifts, the school board’s inspector general concluded.
“Clearly the program desires for children to receive toys during the Christmas season and unrelated to the child’s ‘academic gains during testing’ or the child’s ‘academic performance achievements,’” Inspector General Lung Chiu wrote.
Rogers told investigators that she was out of town when the toys were delivered to the school and that her assistant principal did not have time to distribute them to the most needy children on campus on the last day of classes before Christmas. She added that the charity did not deliver enough toys for every child at the school.
Instead, Rogers wrote to investigators, the toys were held and “distributed at times during the year for academic recognition.”
She did not tell investigators how many children received toys or how the recipients were selected. She did not respond to a request for comment from The Palm Beach Post.
In an interview Tuesday, Palm Beach County Schools Superintendent Robert Avossa defended the school’s decision, saying that Toys for Tots dropped off the toys unannounced on Dec. 22, the last school day before Christmas.
“They didn’t know that on the last day before children left they were going to show up with a truck full of toys,” Avossa said. “You can’t stop everything and sort out toys.”
He said that Rogers and her staff “made the right decision and should not have distributed those toys.”
Efforts to reach a local representative for the Toys for Tots program were unsuccessful. On its website, the Toys for Tots’ Palm Beach County campaign said that it delivered toys directly to schools last year in an effort to reach more needy children.
“We will be conducting our campaign the same way for 2017 as we were able to directly impact far more children than we ever could have imagined,” the organization wrote.
Grove Park Elementary, located on Military Trail south of Northlake Boulevard, was an F school when Rogers was assigned to take it over last year. Under Rogers, its grade rose this year to a C. About 90 percent of its 530 students last year qualified for federal lunch subsidies.
Investigators said that Rogers violated school district policies by buying a $185 pair of sandals for Assistant Principal Marzella Mitchell in September, then using $100 in school funds to compensate herself for the purchase.
When questioned by investigators, Rogers initially denied that she had purchased shoes for Mitchell, records show. But investigators discovered a form Rogers had filled out to compensate herself after purchasing the sandals at Saks Fifth Avenue in Palm Beach Gardens.
Rogers later admitted to the purchase, arguing that the gift was an “academic recognition in nature” for Mitchell’s hard work at the school.
The purchase failed to meet school district standards for documenting school expenditures and violated a district rule against purchasing gifts for adults worth more than $100, the investigation concluded.
School district spokeswoman Kathy Burstein defended the purchase in an email Tuesday as permissible under school district rules.
“She bought the shoes with her own money and sought partial reimbursement, as allowed by policy,” Burstein wrote.
Toward the end of the school year, Rogers arranged for the school to spend $14,400 for a school-wide field trip to Zoo Miami, an excursion planned for 536 students and 79 chaperones.
Records show that Rogers spent $9,600 to hire 12 charter buses and an additional $4,837 on admission costs for the May 15 trip.
Students were scheduled to spend 3 hours and 15 minutes at the zoo, including a 30-minute lunch break. An additional three hours were scheduled to be spent in transit.
The zoo, located southwest of Miami, is 99 miles from Grove Park’s campus. The Palm Beach Zoo, by comparison, is 11 miles from the campus.
Burstein said that field trips to the Miami destination are common in public schools throughout the county and that the Miami zoo has attractions that can’t be found in the smaller Palm Beach Zoo.
“The two zoos provide entirely different experiences and have different animals — elephants, lions, giraffes, etc., that you can’t see at the Palm Beach Zoo,” Burstein wrote. “Why should students at a (low-income) school be denied this opportunity?”
Chiu concluded that the trip “was appropriately documented and approved by required district officials.”
As a result of his findings, Chiu recommended that Rogers receive online training regarding the proper use of school funds.
More than 70 of Palm Beach County’s public schools earned A grades from the state this year. But sharing the same letter grade doesn’t mean those schools performed equally well under Florida’s school-grading formula.
The state’s A-rating is a pretty broad category. So broad, in fact, that nearly 30 percent of Florida public schools earned A grades this year.
So we’ve assembled a ranking of Palm Beach County’s 20 top-performing schools under the state’s grading formula. These schools comprise roughly the top 10 percent of the 207 county public schools that received school grades this year.
Of the top 20 schools, two are charter schools: Western Academy and Somerset Academy Boca Middle School. The other 18 are schools operated by the Palm Beach County School District.
Not surprisingly, the five top-ranked schools are application-only campuses, meaning every student has to apply to attend and is selected if they meet certain criteria.
Also not surprising: The 20 highest-rated schools tended to be schools with relatively few poor and minority students. The inherent advantages of having student bodies that are predominantly middle or upper class are well-established, since those students tend on average to face fewer systemic barriers to learning.
The state’s much-criticized grading formula tries to offset these advantages somewhat by giving schools credit not just for how many students pass state exams but also how many made substantial improvements from one year to another.
One caveat: On this list we’ve included elementary, middle and high schools along with K-8 schools, even though different schools are graded on slightly different criteria. (You can see the grade of every Florida public school here.)
We’ve ranked the schools by the percentage of total possible points that each school earned under the state’s grading system, which controls for the fact that some schools can earn more points than others. So here it is:
Now that the Palm Beach County School Board has agreed to accept GL Homes’ offer to donate $10 million for a West Boynton Beach High and two pieces of property – one for the high school and another to the south for an elementary school – what happens next?
According to GL Homes, it’s time for both sides to sit down and craft a legally binding contract, because what the board approved last week was merely a “non-binding letter of intent.”
GL Homes officials say that contract would be contingent on the county commission approving its proposal to build more than 2,600 homes in three neighborhoods in Palm Beach County’s Agricultural Reserve.
But Superintendent Robert Avossa said this week that he’s in no hurry to knock out such a contract until he gets a better indication whether the county commission does indeed plan to give GL Homes permission to build in the south county farming region where building is limited by county rules.
Several school board members, also contacted after last week’s 6-1 vote, agree that they want to know if houses are going up before they commit to borrowing the additional millions it will take to build schools for those neighborhoods.
When will the School Board talk about this again?
The next time they are likely to discuss the matter will be Sept. 6, when the board gets its annual review of the district’s 10-year capital plan, Chief Financial Officer Mike Burke said this week.
Until now, that plan had long included mention of building an elementary in the western reaches of southern Palm Beach County, but the district was still shopping for land on which to build. GL Homes’ offer would resolve that issue.
Also in the plans were an elementary and middle school that GL Homes was going to provide land for northwest of the new city of Westlake – but those schools won’t be needed, at least not for a while, if GL Homes succeeds in its bid to scrap developments there in exchange for permission to build in the Ag Reserve.
The plan also anticipates building a high school at Lyons Road near Lake Worth Road and another west of Royal Palm Beach.
The county’s high schools are exceedingly crowded, with 12 of 21 filled or beyond capacity. The new schools would help, but the district was also considering expanding Olympic Heights, Park Vista and John I Leonard high schools to relieve crowding, Avossa said.
A new school could eliminate the need to make those big schools even bigger he said.
But much of this planning is contingent on the county’s next move.
GL Homes is due to make its presentation to the county’s planning and zoning advisory board in December. The proposal would not come before county commissioners until early next year.
“The whole thing is very uncomfortable…I want to ensure our interests are taken care of, but I don’t like being used as part of the plan to develop community support,” board member Erica Whitfield said. “I’d be more comfortable to know where the county is going first.”
Board member Karen Brill echoed those sentiments, “I don’t know if there’s any urgency in bringing a final document. My biggest concern is that neither side of the Ag Reserve zoning argument use what we’re doing to leverage what they’re doing.”
Brill said accepting the letter of intent, however, was a “no brainer.”
“We have all this building going on. The schools are getting full. Where are the middle school kids going to go when they graduate?” said Brill, whose district encompasses the land in question and who sees high schoolers in that region commute all the way to Boca Raton’s Olympic Heights High because only one other high school, Park Vista, is nearby and it’s full.
Barbara McQuinn, the school board member representing the county’s northern reaches, cast the sole dissenting vote on the letter of intent. “I really wanted to have a talk about it in terms of our capital budget. This wasn’t in our plan. I understand from boundaries (experts) that ultimately we will have kids who need (a high school), but it wasn’t in our plan.”
Should the board follow the letter of intent, the board would accept 30 acres on the west side of U.S. 441 on which to build a long-planned elementary school. It would also take 75 acres and $10 million to build a high school farther north. The latter would be included in the district’s capital budget by 2022 and built by 2024.
Building a high school can cost anywhere from $60 million to $100 million depending on how many students the campus is designed to serve.
“It’s so early in that process,” Chairman Chuck Shaw said. “Until staff has time to start the planning, it’s really too early to decide what we’re doing. Number one is, where we get the money. Then there’s site approvals. ”
Classrooms sat mostly empty in dozens of Palm Beach County public schools Monday as parents kept their children home for the day’s solar eclipse.
Across the county, teachers reported widespread absences in their classrooms, with many saying only a handful of kids showed up in the morning. The school district gave parents the option to keep their kids home for the day or pull them out early, saying that any missed class time will be considered an excused absence.
“My classes were empty,” said Jacquelyn Whitener, a teacher at Seminole Ridge High School. “The largest class today was four of 26 (students).”
It was the same story at all school levels. At many campuses, teachers reported that less than a quarter of their students had appeared.
“It’s a ghost town at Golden Grove’s car line,” wrote Adam Miller, Golden Grove Elementary’s principal, on Twitter Monday morning, as he posted pictures of a single car dropping off a child at the Loxahatchee school.
At Clifford O Taylor/Kirklane Elementary School in Palm Springs, teachers were informed that fewer than 200 of the school’s roughly 1,300 students showed up for school, teacher Kelly Melvin said.
” It turned out to pretty much be a teacher workday,” she said. “They could have saved a bunch on gas for buses.”
Palm Beach County Schools Superintendent Robert Avossa said early reports indicated that less than half of the school district’s roughly 170,000 students showed up to school. Administrators had expected attendance to be lower than usual, but Avossa said he was surprised by the extent.
“For me personally, it was higher than expected,” Avossa said. But he added that the school district’s goal was to give parents flexibility for the historic astronomical event and that “we feel good about the decision.”
“We put children’s safety first,” he said. “We have an obligation to provide a consistent, safe place for kids. And if half of them did show up, that’s 90,000 kids.”
Higher than usual absentee rates were widely expected and were indirectly encouraged by the school district, which promised parents and students excused absences while warning them of the risks involved in allowing their children to stare at the eclipse unsupervised.
Even so, many teachers said they were surprised by the extent. Some suggested that school district leaders should have cancelld classes for the day so teachers wouldn’t have to give lessons that most students wouldn’t see.
“Most of the teachers here are furious,” one middle school teacher said. “It’s a waste of resources. The make-up work that teachers are going to have to give and explain is going to be a nightmare. A waste for the buses.”
While some private schools also held classes today, private Catholic schools operated by the Diocese of Palm Beach canceled classes for the day after concluding that “parents will be the best persons to supervise their children” during the eclipse.
Mitch Goldberg, whose son attends Eagles Landing Middle School, a public school west of Boca Raton, said that just a handful of students were on his son’s school bus this morning, far fewer than usual.
“The bus was packed last week, not an empty seat,” Goldberg said. “He said less than 10 were on today.”
Some students who did show up at school were treated to full-blown viewing sessions, complete with protective eye-wear purchased by the school.
The largest event appeared to be at Christa McAuliffe Middle School west of Boynton Beach, where science teachers and administrators organized a viewing event for the entire school.
Monday afternoon, about 900 student filed out onto the school’s grassy fields, where teachers and staff monitored them as they gazed up at the eclipsed sun in three one-minute bursts.
“I think this is so much better than the kids staying home,” Principal Jeffrey Silverman said. “This is one of those things they will remember forever.”
Gabriel Nermesan, a 12-year-old student, grinned as he gazed up at the sun through his protective glasses. He said that he enjoyed the opportunity to view the rare event, although he said he expected the sun to loom larger in the sky.
Like schools across the country, the county’s public school system struggled over the past two weeks to find an appropriate balance between protecting students from risks of damaged vision and using the eclipse as a learning tool.
Outdoor activities were canceled at all district schools countywide for the afternoon, and many middle schools delayed dismissal by 15 minutes.
But after initially prohibiting all outdoor eclipse-viewing, the school district decided to let teachers bring students out for three-minute viewing sessions with protective glasses.
Schools are altered schedules and classroom assignments to prevent students from being outdoors longer than necessary. Some schools, for example, said they would hold students indoors until parents arrive to pick them up.
Avossa said that the greatest concerns revolved around releasing students after school, when distracted drivers might pose a risk on the roads and unsupervised students might be inclined to stare at the partially eclipsed sun.
But he said Monday afternoon that there had been no reports of trouble so far. And he said that at many schools teachers had taken advantage of the low attendance to get to know their students better or to do planning work.
“At the beginning of the school year there’s lots to do,” he said.