Your tax dollars at the center of a dispute between charter and Lee County schools

Many of you voted in 2018 to pay an extra half-cent in sales tax to help Lee County public schools.

The money raised since then, more than $500 million, has helped pay for new schools, renovation and maintenance, technology upgrades, and enhancements to campus safety and security, according to the school district’s website.

Those tax dollars are now at the center of a legal dispute. In late June, the Southwest Charter Foundation, Inc. sued the School Board of Lee County for Breach of Contract.

SWCF stated in the lawsuit that it “has made repeated demands to the SCHOOL BOARD for its students’ share of these funds, but the SCHOOL BOARD has continuously refused to share the Surtax Revenues.”

The suit also claimed, “In spite of clear legislative intent and constitutional requirements that charter public school students be funded the same as other students in the school district, the SCHOOL BOARD acted contrary to the law by depriving charter schools of their full proportionate share of these Surtax Revenues. See § 1002.33(17), Fla. Stat.”

Southwest Charter Foundation runs 9 schools, 6 in Lee County.

• Bonita Springs Charter School
• Cape Coral Charter School
• Collier Charter Academy (Collier County)
• Gateway Charter High School
• Gateway Charter School
• Gateway Intermediate Charter School
• Manatee Charter School (Manatee County)
• Lakewood Ranch Prep (Manatee County)
• Six Mile Charter Academy

The Lawsuit

• The Florida Legislature makes clear in § 1002.33, Fla. Stat., that “[a]ll charter schools in Florida are public schools.”
• There is nothing in the text of the approved 2018 School Capital Outlay Surtax that specifically excludes charter public schools from sharing in the Surtax Revenues. Instead, the 2018 School Capital Outlay Surtax refers only to public school facilities, safety and security, and technology.
• As a result of the SCHOOL BOARD’s actions, Lee County public charter school students have not been funded at the same level as Lee County students in traditional public schools.

SWCF “respectfully demands that judgment be entered in its favor… of all of the Surtax Revenues that the SCHOOL BOARD was legally obligated to share with Plaintiff, SWCF, as required by law and the parties’ Charter Contracts; prejudgment interest as provided in the Charter Statute (§1002.33(17)), and reasonable attorneys’ fees and costs, as applicable.”

How are charter schools created and operated?

Most are run privately.

The Florida Department of Education: “Charter schools are created when an individual, a group of parents or teachers, a business, a municipality, or a legal entity submits an application to the school district; the school district approves the application; the applicants form a governing board that negotiates a contract with the district school board; and the applicants and district school board agree upon a charter or contract. The district school board then becomes the sponsor of the charter school. The negotiated contract outlines expectations of both parties regarding the school’s academic and financial performance. A charter school must be organized as, or be operated by, a nonprofit organization. The charter school may serve at-risk students, or offer a specialized curriculum or core academic program, provide early intervention programs, or serve exceptional education students.”

The Florida DOE has more information on charter school requirements and how they operate on its website.

The State of Florida allowed charter schools to apply for capital funds as of the beginning of this school year. In a memo, the Florida DOE outlined the new capital dollars program.

WINK News contacted the School Board of Lee County about the lawsuit. A spokesperson said the district does not comment on pending litigation. The district has 20 days to respond to the court regarding the suit after being served.

To see Lee County Schools accounting for the money raised and spent with the surtax, visit the “Change for Change” page on the District’s website.