In a memorandum to the State Board of Education, Commissioner of Education Manny Diaz Jr. found probable cause that the Broward School District was not in compliance with Florida law. Two weeks ago, Florida Department of Education informed the Broward County School District it opened an investigation into its alleged failure to share revenue with charter schools. On Tuesday, Diaz wrote, “I find there is probable cause to believe the Broward County School District (the district) is not in compliance with Florida law. Specifically, the district has failed to comply with section 1002.33(17), Florida Statutes (2019), regarding revenue it collected from an ad valorem tax it levied under section 1011.71(9), Florida Statutes.”
According to Diaz, a 2018 ballot measure pushed by the School District promised to raise funds for all public and charter schools. “However, Broward County School District decided to share only a small portion of the revenue generated under this voter approved tax and only shared it with certain public charter schools,” Diaz wrote.
Diaz stated, “[T]he district has knowingly and willfully refused to comply with the law.”
Diaz is asked the State Board of Education to force Broward Schools to show full compliance by showing proof of “full and complete payment to all eligible charter schools in the district.”
“Alternatively, the district may document compliance with a School Board approved payment plan beginning no later than the commencement of the 2024-2025 school year which will result in full and complete payment to all eligible charter schools no later than December 31, 2024,” Diaz wrote. “Or, a later date mutually agreed upon by the district and the charter schools.”
Diaz set the April 17, 2024 meeting of the State Board of Education as a deadline. According to Diaz, “If the district fails to come into compliance by the April 17 meeting, I request that the State Board find that the district is ‘unwilling or unable to comply with law or state board rule within the specified time’ and consider imposing one or more of the sanctions available under section 1008.32(4), including withholding the transfer of state funds, discretionary grant funds, discretionary lottery funds or any other funds specified as eligible and declaring that the district is ineligible for competitive grants until such time as the district complies with Florida law.”
School Board Member Torey Alston asked to have this very issue discussed at today’s School Board workshop meeting. Alston wants the district to, “Take Any and All Action(s) Necessary to Ensure School District’s Immediate Compliance and Affirm Support for Outstanding Liability by Satisfying Up Outstanding Amount Owed.”
