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Charter schools are public agencies and should be treated that way. That's the upshot of recent deliberations from the Florida Ethics Commission.

The panel spent months grappling with the case of Robin Gibson, a Lake Wales City Commissioner who also does legal work for the city's one-of-a-kind charter school system.

The city wants to donate a piece of land to one of the charters. State ethics laws would bar Gibson from voting on the land donation as a city commissioner if it would result in a "special private gain" for his legal client — the charter schools. However, an exception in the law would allow him to vote if the charter schools are a public agency.

Gibson contended the charter schools are a public agency. Among other things, he cites this line near the beginning of Florida's charter school statute:

All charter schools in Florida are public schools and shall be part of the state’s program of public education.

But Ethics Commission staff saw things differently. They drew up an opinion holding the schools should be viewed as a private entity. Staff attorney Grayden Schafer laid out several arguments during a hearing earlier this fall. Among them: The "corporate nature of charter schools" means they're not public in the same way a school board or a city government is.

What's more, Schafer said, charters are exempt from the bulk of state education regulations.

There are deregulation efforts in the works for other public schools. For example, the Legislature recently passed a law that exempts nearly a fifth of the state's district-run public schools from many state rules.

Still, the Legislature often treats charter schools differently from other public schools. State law exempts them from much of the state's ethics code for public officials. (more…)

Charter schools: The Florida Department of Education overrules the Manatee County School Board's denial of a charter school application last year. Parrish Charter Academy's application was denied because board members decided the school's plan did not meet state standards in five areas and did so only partially in four others. Parrish appealed, and the department followed its charter school appeal commission's recommendation to reverse the denial. Because of the delay, the school may not open until 2019. Bradenton Herald. Plans for the first charter high school in Volusia County have been withdrawn. Officials of the Ivy Hawn School for the Arts and Sciences decided not to present their application after it became clear that Superintendent Tom Russell would recommend to the school board that the application be denied. Ivy Hawn backers say they'll apply next year. Russell also is recommending against approval for a K-8 charter school, Volusia Charter Academy. District officials had doubts about both schools' abilities to handle special-needs students, among other things. Daytona Beach News-Journal.

State of children: Minority children will outnumber white children by 2024, but they continue to lag behind on indicators including reading proficiency, pre-kindergarten enrollment, and poverty by racial group, according to the latest Kids Count report from the Annie E. Casey Foundation. Florida ranks 29th in well-being of white children, 9th with Hispanic children, and 28th with black children. “We certainly have the data to say this is a national crisis and so many children are falling through the cracks at a faster rate than ever before,” says Florida Kids Count director Dr. Norín Dollard. Sarasota Herald-Tribune. Tampa Bay Times.

Filling classrooms: The Hillsborough County School District is preparing a plan that would bring preschool students into empty classrooms. There are about 29,000 empty seats in the district, and Superintendent Jeff Eakins thinks retrofitting them for 3- and 4-year-olds would better prepare the children for school and also make better use of available space. Tampa Bay Times.

Bill would bump pay: A bill to boost pay for teachers and principals is filed by state Rep. Shevrin Jones, D-West Park. Under the bill, H.B. 389, teachers and principals would get a $3,000 raise in 2018, then 3 percent increases in each of the next three years. News Service of Florida.

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From the News Service of Florida

An administrative law judge said Tuesday the Miami-Dade County School Board should pay $233,000 in attorneys' fees in a case filed by employees who said they faced retaliation for trying to open a charter school.

The legal-fees recommendation by Judge Edward T. Bauer, which now goes to the state Department of Education, stems from an underlying case in which school employees Alberto T. Fernandez, Henny Cristobal and Patricia E. Ramirez alleged they suffered retaliation after seeking to convert Neva King Cooper Educational Center to a charter school.

Bauer's recommended order said the Miami-Dade County school system "quickly squelched the conversion efforts and, beginning in late April of 2012, reassigned all three petitioners to undesirable work locations." (more…)

If Florida public school administrators decide to convert their school to a charter school, they have the law on their side.

An administrative law judge's ruling against the Miami-Dade school district last week was the first-ever ruling under Florida statutes that bar school districts from taking "unlawful reprisals" against employees who support charter conversions. But the question remains: Will those protections prevent school districts from derailing those efforts before parents and teachers can have their say, as happened in Miami-Dade?

According to the ruling by Edward Bauer of the state's Division of Administrative Hearings, the district tried to deter efforts to convert the Neva King Cooper Educational Center to a charter school. When administrators kept at it, the principal and assistant principal were transferred out of their jobs into what their attorney, Robin Gibson, called a "purgatory kind of existence," replacing their administrative duties with menial tasks like sorting crayons and organizing car keys.

Bauer ruled that was against the law, and that Alberto Fernandez, the center's former principal, is entitled to $10,000 worth of bonuses he would have received if he had remained in his old job.

However, the district still managed to thwart the charter conversion. Bauer declined to reinstate the two administrators to their old positions, noting the law requires them to be returned to "equivalent" jobs and that there are new top administrators in place at the school.

Gibson said he will likely contest that part of the decision. For the time being, he said, "the district can privately congratulate itself on still being unscathed."

Gibson said the ruling helps establish that if districts retaliate against employees who support charter school conversions, they'll be breaking the law. Now, "the question becomes, what are they going to do in light of this decision?" (more…)

Editor's note: This guest post is from Jesse L. Jackson, superintendent of Lake Wales Charter Schools in Lake Wales, Fla.

By early 2000, the once great tradition of outstanding local schools for Lake Wales’ citizens had reached a point of decline. It was at that time when concerned citizens, with the support of the Lake Wales Area Chamber of Commerce education committee, decided to do something to reverse that trend. What emerged was not only an accountability driven charter school system, but, unexpectedly, the town’s biggest employer.

Since 2004, when five Lake Wales’ public schools were converted to public charter schools, and with the addition of Bok Academy charter school and the International Baccalaureate program to Lake Wales High School, a significant reversal has taken place in terms of quality and participation in our local schools. Many families that had previously decided to seek other opportunities to educate their children outside Lake Wales have found favor in our system, which now serves approximately 4,000 students. While the majority live in Lake Wales, many come from surrounding towns. Lake Wales Charter Schools pioneers such as Robin Gibson, Clint Horne, David Ullman and many others could feel quite satisfied when reflecting on the impact of their effort.

However, when the details are analyzed, it becomes quite clear the system offers more than just a great education for this community. The mere shift of the schools’ management from district headquarters in Bartow to Lake Wales has profoundly impacted Lake Wales’ economy.

Our principals are chief executive officers. They have the autonomy and responsibility to make decisions regarding the most effective way to run their schools, including financial matters. With each school’s annual budget ranging from roughly $2.5 million to $6 million, managing the operations of our charter schools is a huge responsibility. The autonomy provides our principals the freedom to make decisions regarding their engagement with businesses. Along with this freedom, they and other members of our leadership team have the responsibility and are compelled to adhere to the strictest finance and accounting principles to ensure our system’s finances are managed properly.

Our success as an effective school system has enabled us to evolve into a locally based multi-million dollar enterprise with an annual budget of more than $30 million. (more…)

It’s true: ALEC likes school choice. Walton likes school choice. Jeb Bush likes school choice. Some of the folks who like school choice even say bad things about traditional public schools and teachers unions.

But this is true too: President Barack Obama is a fan of charter schools. Former President Bill Clinton is ga-ga about KIPP. Liberal lions like Daniel Patrick Moynihan and Hubert Humphrey supported public funding for private options.

More importantly, this is true: Growing numbers of parents and politicians of all stripes like school choice. Many don’t bash public schools or teachers unions. Many could care less who the Koch Brothers are.

I know this is obvious to anybody who’s managed to take a peek beneath the surface of the choice debate. But at this time of year, with state legislatures in Florida and elsewhere in session, complexity is not a common commodity. Anything having to do with school choice is sealed into a boilerplate narrative about for-profit this and right-wing that. This year in Florida, the privatization label has even surfaced in stories about student data and IEPs for students with disabilities.

It’s different in the real world. Out here, parents are flocking to new learning options for the most personal of reasons: the success of their kids. (more…)

The community takeover of Lake Wales public schools feels so much like an educational Camelot that it is easy to forget this romance was spawned by Florida’s charter school conversion law. It’s also easy to forget that its local benefactor was a powerfully connected Democrat.

The account of these schools and their champion, Robin Gibson, so ably reported this week by redefinED associate editor Sherri Ackerman, is a poignant reminder that school reform and school choice can indeed start in the homes of parents who think children are not getting what they deserve. Gibson, an attorney who helped run campaigns for former Democratic governors Lawton Chiles and Bob Graham, and was once chairman of the state university Board of Regents, thought his own children and the tiny city of Lake Wales were being hampered by public schools that were treated like stepchildren. So he began an effort, in 2002, to convert them to charters.

“I don’t think there’s anything partisan about it, if you’re for a first-class education system, ’’ Gibson says today. “I think everyone’s for that. I’m an advocate for what works, and I’m an advocate for educating the entire demographic.’’

Unsurprisingly, there was resistance. But Gibson and his friends brought sophistication and enterprise to the effort, taking over five schools in 2004 and starting a sixth from scratch. The charter campuses of Lake Wales now enroll 3,800 students – ranking them ahead of 15 of the state’s school districts in size – and the academic success has put the schools on track to be designated "high performing" under charter law.

The Lake Wales conversions provide educational as well as political lessons. (more…)

Editor's note: This is the second of two parts about Lake Wales Charter Schools. Part one here.

Robin Gibson counts one legendary Democratic governor as a close friend, and helped run the U.S. Senate campaign of another. So it may be surprising to some, given the misperceptions about school choice, that the prominent Democrat is a leading figure behind the creation of a city-wide charter school system in Central Florida.

When Gibson, an attorney, led the charge back in 2002 to turn around struggling schools in Lake Wales, he knew it would be a labor of love. Public education is at the heart of what the former Florida Board of Regents chairman believes makes communities successful.

“If there are great schools, the rest of it will take care of itself,” he told redefinED in a recent interview.

It was that belief that guided Gibson to search for a way to improve education in Lake Wales, long after his children had moved away, and to convince others to support the cause. The effort resulted in a new system, Lake Wales Charter Schools, with six schools and nearly 4,000 students.

None of it would have happened, say many in the community, without the drive and dedication of their adopted native son.

“He is kind of seen as our local statesman,’’ said Betty Wojcik, executive director of the Lake Wales Area Chamber of Commerce and a trustee for the Lake Wales charter system.

The Miami native and University of Florida graduate came to this picturesque stretch of Polk County in 1966, ready to work for a new law firm and start a family with his wife, Jean. “I’d had enough saltwater and palm trees,’’ he told a reporter in 2006. “I was looking for a small town, rolling hills, lakes and oak trees.’’

Gibson’s four children attended Lake Wales public schools – but not for long. Dissatisfied with their quality, he and Jean sent their kids to private schools outside of town. But it didn’t sit well with Gibson that his beloved city’s schools weren’t up to snuff. (more…)