Imhotep-Nguzo Saba Chart. v. Dept. of Educ.

947 So. 2d 1279, 2007 WL 397288
CourtDistrict Court of Appeal of Florida
DecidedFebruary 7, 2007
Docket4D05-4634, 4D05-4635
StatusPublished
Cited by9 cases

This text of 947 So. 2d 1279 (Imhotep-Nguzo Saba Chart. v. Dept. of Educ.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Imhotep-Nguzo Saba Chart. v. Dept. of Educ., 947 So. 2d 1279, 2007 WL 397288 (Fla. Ct. App. 2007).

Opinion

947 So.2d 1279 (2007)

IMHOTEP-NGUZO SABA CHARTER SCHOOL and Mandela-Nguzo Saba Charter School, Appellants,
v.
DEPARTMENT OF EDUCATION and Palm Beach County School Board, Appellees.

Nos. 4D05-4634, 4D05-4635.[1]

District Court of Appeal of Florida, Fourth District.

February 7, 2007.

*1280 Janice L. Jennings, Boynton Beach, for appellants.

Randall D. Burks, Ph.D., West Palm Beach, for appellee Palm Beach County School Board.

PER CURIAM.

Imhotep-Nguzo Saba Charter School and Mandela-Nguzo Saba Charter School appeal decisions of the State Board of Education which affirmed the Palm Beach County School Board's decisions to deny charters to the two proposed schools. The schools primarily challenge the application and constitutionality of a School Board policy which looked to the academic and financial success of the new schools' predecessor, the Joseph Littles Nguzo Saba Charter School, Inc. (Joseph Littles). We conclude that the challenged policy was valid and affirm.

As of early 2005, the Palm Beach County School Board had approximately 8,000 students in 46 charter schools, including approximately 150 students at Joseph Littles. Joseph Littles has been in existence since 1999. On June 23, 2003, the School *1281 Board extended Joseph Littles' charter for ten years. Joseph Littles has concentrated on serving poor children, many of whom had failed at other schools. It has a unique curriculum of African-American studies.

Joseph Littles has now applied to the School Board to create two new charter schools, Imhotep-Nguzo Saba Charter School and Mandela-Nguzo Saba Charter School. In April 2005, the School Board denied the creation of the two new schools based on Palm Beach County School Board Policy 2.56, entitled "Number of Charter Schools." The policy implements a State Board of Education waiver, exempting Palm Beach County from the statutory cap on the number of charter schools permissible in a particular county. The policy states certain criteria to be used in approving charter schools, which generally track the statutory declaration of the purposes of the charter school concept. However, subsection 3(d) of the policy states in part that:

[A]n applicant person/organization which already has a charter from the Board would need to demonstrate that such person/organization has a track record of success in operating an exemplary charter school for the past two (2) fiscal years. An exemplary charter school would be characterized by:
i. remaining in full compliance with its charter;
ii. demonstrating fulfillment of the statutory purposes of charter schools . . .; and
iii. for schools subject to state performance grades, maintaining a performance grade of at least B or demonstrating significant annual learning gains. (emphasis added).

The School Board deemed Joseph Littles to be non-exemplary based on both financial and academic non-compliance. The school's financial non-compliance had to do with its untimely submission of required reports for fiscal year 2004-05, an improper check authorization policy allowing a single signatory, declining enrollment, accounting problems regarding grant monies, and a significant negative fund balance. The academic problems consisted of a D grade for 2003-04 and a projected grade (based on the 2004 Diagnostics) of either a D or an F for 2004-05. In addition, only half the school's teachers were certified. Thus, the School Board denied the applications for the new schools based on Policy 2.56 and the non-exemplary nature of Joseph Littles.

Joseph Littles appealed the School Board's decisions to the State Board of Education, which submitted the matter to the Florida Charter School Appeal Commission for review and a non-binding recommendation. See § 1002.33(6)(c), (f), Fla. Stat. (2005). By a final vote of 4 to 3, the appeal commission found that the School Board did not have statutory good cause to deny the charter school applications. The State Board of Education met on October 18, 2005, to consider Joseph Littles' appeal and the appeal commission's recommendation. At that hearing, Joseph Littles' attorney argued that the School Board's adoption of the subject policy was ultra vires based on the statute that exempts charter schools from School Board policies. The State Board of Education voted unanimously to reject the appeal commission's recommendation as to both of the proposed schools and upheld the School Board's denial of those applications.

The Palm Beach County School Board is the sponsor of Joseph Littles and would be the sponsor of the two new schools had they been approved. See § 1002.33(5), Fla. Stat. (2005). The *1282 schools place primary reliance on Florida Statutes section 1002.33(5)(b)4., which states that the "sponsor's policies shall not apply to a charter school." This reliance is misplaced. While the subject provision was clearly aimed at giving charter schools some measure of academic and administrative freedom, we do not read this provision to prohibit the School Board from adopting and enforcing policies related to the creation, renewal or termination of the charter schools they sponsor. This is true because the legislature has delegated primary decision-making authority to the school boards over these basic decisions. While such policies may well have influences on academic and administrative freedoms at the charter schools, the adoption of a policy that only schools with a C average on the FCAT will be renewed, for example, seems fundamentally different than a school board sick leave policy for teachers, which would most likely not apply to charter schools under the statute. We leave to future case law the development of this distinction, but the charter school creation policy at issue here does not appear to be a prohibited attempt to apply School Board policies to either Joseph Littles or the new schools.

An application for a charter school can be denied for "good cause." § 1002.33(6)(b)3., Fla. Stat. (2005).[2] The statute does not define good cause. The critical issue posed by this appeal is whether the legislature, in enacting the charter school approval process, provided sufficient minimum guidelines to the local school boards as to which applications should be granted and which should be denied. Even more particularly, we must address whether the School Board could constitutionally adopt its policy which makes "good cause" for the denial of a new school charter depend on the academic and financial success of another school operated by the applicant. This is a serious question since, as a general matter, it is the legislature's job to say what the law is, not that of a local school board. See Art. II, § 3, Fla. Const. ("The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein."); Dep't of Ins. v. Se. Volusia Hosp. Dist., 438 So.2d 815, 820 (Fla. 1983) ("It is the power to say what the law is that is prohibited from being delegated."). The Florida Supreme Court has stated "`repeatedly and without exception that Florida's Constitution absolutely requires a `strict' separation of powers.'" State v. Avatar Dev. Corp., 697 So.2d 561, 564 (Fla. 4th DCA 1997) (quoting B.H. v. State, 645 So.2d 987, 991 (Fla.1994)), approved, 723 So.2d 199 (Fla.1998).

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Bluebook (online)
947 So. 2d 1279, 2007 WL 397288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imhotep-nguzo-saba-chart-v-dept-of-educ-fladistctapp-2007.