Irreversible Damage to Public Schools

Nine school districts filed a constitutional challenge to the Florida Supreme Court over HB 7069. The suit claims ‘log rolling’ by the Florida legislature when it compiled multiple bills into a single bill the weekend before the last session of the legislature ended. The Florida constitution requires laws to be ‘single subjects’.

A quick decision by the Court is needed because districts are required to enter into contracts for charter school take overs of district schools in the Schools of Hope program included in the legislation. The bill also included a provision to share facility funding derived from local property taxes with privately owned charter schools. There were other provisions, including the allocation of federal Title I funds for disadvantaged children, that this bill changed.

Even more districts have filed lawsuits with circuit courts. The Palm Beach case claims that the HB 7069 requirement to share local capital outlay with charter schools is unconstitutional. Thirteen districts have

http://sunshinestatenews.com/story/school-boards-ask-high-court-block-last-sessions-controversial-education-law

Class Size Manipulation: Voters May Decide

Editorials decry the latest assault on the class size amendment. How large classes are matters to children. How many small classes there are matters to politicians. Small classes cost more money. When the class size amendment was first passed by voters in 2002, districts had to meet limits of 18 students in preschool through grade 3, 22 students in grades 4-8, and 25 students for high school core courses by 2010.

There’s a very revealing chart on the Florida DOE website about the real issue. Small classes mean more teachers and more classrooms. The funding list from 2002 shows no facilities funding after 2007-8. This was the same time that the legislature cut the local millage for property tax support for school facilities by 25%. Funding for class size dropped significantly. It has never caught up to the 2007-8 level.

Patricia Levesque, head of the Jeb Bush Foundation for Florida’s Future joined with another member of the Constitutional Revision Commission Roberto Martinez, to file yet another assault on class size. Levesque and the Bush foundation have long been champions of school choice.

This latest amendment legalizes the preference charter schools already enjoy. Individual core classes could be smaller or larger as long as the school average by grade group met the required limits. Charter schools already have this option. In 2013, the legislature allowed district managed magnet schools or other choice programs to average class sizes, but not other schools.

The implementation of the class size requirement has become too complicated and unfair. District managed schools have been struggling for years to meet class size limits, but funding levels just do not cover costs. Some districts preferred to pay fines for not meeting class sizes; it was less expensive than meeting the requirements.

The implementation of the class size requirement has become too complicated and unfair. The solution? The legislature cuts corners. The voters will have their say if this latest constitutional amendment is on the November 2018 ballot.

An Attorney Who Knows, Speaks on Bullying

I have represented quite a few students who have been victims of bullying. The largest target group for bullying is students with disabilities. While it is true that schools are rarely effective in addressing the bullying, making parents often desire to move their children to protect them, that ineffectiveness applies across the board to traditional public, charter and private schools. In Florida, public school students at least have a bullying law requiring that school districts create and follow an anti-bullying policy or risk losing funding. There is no legal protection for private school students (other than using tort law if there is substantial injury, and few personal injury attorneys are willing to take these cases because of statutory limits on liability). Charter school compliance is rarely enforced by districts, who find it easier to invite the student back to public schools than to get the charter schools to do something.

Also, simply moving students to new schools does not always stop the bullying. Students are often targeted for their differences, and I see a disproportionate number of students with weak social skills (due to Asperger’s, ADHD, or mental health conditions) get bullied over and over in different settings until someone looks at them and gets them the supports they need to interact more effectively with their peers. My son was one of those kids. Public schools have the resources and knowledge to evaluate and provide these supports; the privately-run schools usually do not.

What we need is to strengthen the existing law and to expand coverage to all schools. The current law does not give families a direct right to pursue action if the bullying investigation and follow-up are ineffective, so long as the district has a policy and follows the steps in the policy. Without this leverage, schools will not be fully invested in completely eliminating the problem. Additionally, Palm Beach County is working on creating academic standards for social competencies so that all kids (bullies and victims) learn better ways of interacting. We need to advocate to make this statewide.

I am happy to speak about my family’s experience with bullying and my clients’ struggles with bullying in charter and private schools. I can also ask some of the families to speak out. I know several who would love to help change the system.

Kimberley Spire-Oh is an attorney in Palm Beach and a member of the League of Women Voters.