213 So. 3d 356
Fla. Dist. Ct. App.2017Background
- Applicants (Florida Charter Educational Foundation, Inc. and South Palm Beach Charter School) applied to the Palm Beach County School Board to open a new charter school; district evaluators found the application met the statutory standards.
- The School Board held a hearing, expressed concerns about funding, competition with traditional public schools, and lack of curriculum innovation, and unanimously denied the application citing (1) lack of innovative learning methods and (2) existence of an already failing charter school in the county.
- Applicants appealed to the State Board of Education under section 1002.33(6)(c), arguing the denial lacked competent, substantial evidence and was pretextual; the School Board defended its denial as legally sufficient for lack of innovation.
- The Charter School Appeal Commission (CSAC) reviewed the matter, issued a terse recommendation reversing the School Board (stating only the School Board lacked competent, substantial evidence), but did not provide a fact-based justification or make factual findings.
- The State Board unanimously reversed the School Board’s denial, relying on CSAC’s recommendation; the School Board appealed, challenging the statute’s constitutionality and arguing it had good cause to deny the application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of §1002.33(6)(c) appeal process | School Board: statute lets State Board override local boards, infringing art. IX, §4 local control | State: Constitution also vests supervisory power in State Board (art. IX, §2); statute implements supervision via appellate review | Appeal provision is facially constitutional; supervisory role permitted by Constitution |
| Due process / lack of standards for State Board review | School Board: statute lacks review criteria, violating due process | State: statute requires school boards to articulate "good cause" (legal sufficiency) and State Board reviews de novo whether denial is supported by competent, substantial evidence | No due process violation shown; "good cause" standard supplies legal basis for review |
| CSAC statutory duty to provide fact-based justification | Applicants implicitly: CSAC recommendation sufficient to support reversal | School Board: CSAC recommendation inadequate and conclusory | CSAC must include a fact-based justification in its recommendation under §1002.33(6)(e)5.; CSAC failed to do so here |
| Validity of State Board reversal absent CSAC factual findings | School Board: reversal unsupported because CSAC and State Board lacked factual basis | State: State Board may consider CSAC recommendation and other materials | State Board’s order reversed and remanded because record lacked CSAC fact-based findings; court offers no view on merits |
Key Cases Cited
- Fla. Dep’t of Revenue v. Gainesville, 918 So.2d 250 (de novo review on statute constitutionality)
- Lewis v. Leon Cty., 73 So.3d 151 (presumption of statute constitutionality)
- School Bd. of Volusia Cty. v. Academies of Excellence, Inc., 974 So.2d 1186 (State Board appellate role over charter denials explained)
- Duval Cty. Sch. Bd. v. State Bd. of Educ., 998 So.2d 641 (distinguishing statute that created independent state charter authorizer as unconstitutional)
- Imhotep-Nguzo Saba Charter Sch. v. Dep’t of Educ., 947 So.2d 1279 (State Board reviews de novo whether local denial met "good cause" standard)