Broward County’s dysfunction was on full display as School District officials appeared before the State Board of Education meeting Wednesday in Winter Park. Superintendent Peter Licata, School Board Chair Lori Alhadeff and School Board General Counsel Marylin Batista were summoned to appear before the Board to discuss their noncompliance with Florida law. On March 7th, REDBROWARD broke the news that the Board of Education opened an investigation into Broward Schools. Last week, Commissioner Of Education Manny Diaz, Jr. found probable cause the Broward School District failed to comply with laws requiring the sharing of revenue with charter schools.

In a March 19, 2024 memorandum, 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.”

One day later, the School Board of Broward held a marathon session to decide how to respond to Diaz.

After several hours of discussion, the Board voted to give Superintendent Licata and Batista permission to negotiate a payment plan with nearly 90 charter schools in Broward.

While the Board referred to the “alleged” noncompliance, they signaled a willingness to resolve the matter before the April 17, 2024 Board of Education meeting in Tallahassee.

MODE OF ENFORCEMENT

Instead of the April meeting, Licata, Alhadeff and Batista found themselves answering questions Wednesday morning.

Under questioning by Board Member Ryan Petty, Batista admitted she thought they would have more time. Batista said she called Tallahassee to ask for more time to resolve the issue. Batista was told the State had moved on from a mediation mode. She said the State was now in a “mode of enforcement.

Most members asked Batista about the letter she sent to the Board of Education and a subsequent response by Broward School Board Member Torey Alston.

On Tuesday, Batista sent a letter to the State about the ongoing matter. As instructed at last week’s meeting, Batista included the language in the motion passed by the Board. Then, Batista stated the District was in full compliance.

For some reason, Batista included a fourteen page “memorandum of law” written by the outside legal counsel representing the District in a lawsuit brought by three charter schools.

While Jamie Cole of Weiss Serota Helfman Cole & Bierman did attend last week’s School Board meeting, there was no discussion by the Board regarding the inclusion of a memorandum of law.

Instead of attempting to garner sympathy from the Board of Education, the Weiss Serota memorandum acted like the proverbial finger in the eye.

In addition to proclaiming the District was in full compliance with the law, the memorandum argued the Board of Education had no jurisdiction over the matter. The memorandum made a tenuous “separation of powers” argument—the Board could not act until the judicial branch heard the matter.

Andrew King, General Counsel for the Board of Education stated the Florida Constitution and law gave them jurisdiction over this matter.

Board Member Ryan Petty read Torey Alston’s response to Batista’s letter and memorandum into the record.

Alston said the Batista response did not “reflect the deliberate, three-hour board discussion and consensus authorizing both the Superintendent of Schools and General Counsel to end this looming issue.

Alston said he was highly disappointed. “The filing, attached to the letter, is 100% counter to the intent, tone and spirit of our prior collective discussion,” Alston wrote.

Petty asked Batista about Alston’s letter and whether the filing was authorized.

Batista claimed she received authorization at March 12th closed door meeting. A meeting she said Alston did not attend.

In a post on Twitter/X, Alston seemingly responded to Batista. He wrote, “Green light given a week prior to notice from the Dept and no one knew about today’s mtg. Doesn’t add ! Politricks! (Pull the transcript, if it exists).”

Petty said the School Board of Broward County should be frustrated with their general counsel. Petty said Batista appeared to be “contravening the will” of the Board by arguing the matter could not be resolved by April.

Petty made a stunning suggestion that Board Members cannot trust Batista’s judgment. Petty said Board Members should review all documents and memos Batista plans to send to outside entities before she sends them.

Following the testimony, the Board Of Education found Broward was out of compliance with Florida law and Broward would have to document compliance by the April 17, 2024 Tallahassee meeting.

Chairman Ben Gibbons stated the options the Board of Education will have at that meeting.

According to Gibbons, if the Broward School District is “unwilling or unable” to show compliance, the State can 1. Report the noncompliance to the State Legislature with recommended actions, or 2. Withhold funds from Broward Schools or 3. Declare Broward Schools ineligible to receive grants and monies.