Florida Charter School Review Commission unanimously approves Newberry Community School application

BY AMBER THIBODAUX

ORLANDO, Fla. – The Newberry Community School (NCS) cleared its final hurdle on Wednesday in its quest to secure approval for the conversion of Newberry Elementary School (NES) to a conversion charter school, beginning in August of 2026. The application was the first to be heard by the Florida Charter School Review Commission (CSRC) since its inception in 2022. 

Both supporters and opponents of the application attended the hearing, which was held in the library of Valencia College in Orlando on February 26.

Former District 22 Representative Chuck Clemons and NCS Board Chairman Derek Danne spoke on behalf of NCS’s application; other noteworthy attendees included Newberry Mayor Jordan Marlowe, Newberry City Commissioners Tim Marden and Tony Mazon, and School Board of Alachua County Member Tina Certain. 

Clemons spoke in favor of the application

Clemons, who is a member of the NCS board, outlined the vision of the charter school and emphasized the Newberry community’s opportunity to focus solely on its own specific needs.

“With your approval, we will have greater autonomy to address the needs of our educators, including increasing the average teacher salary to attract and retain top talent. We will also be able to provide stronger support systems for our teachers, ensuring they have the resources and professional development necessary to thrive in their roles,” Clemons said.

Clemons continued: “Our community has voiced specific concerns regarding student safety, overcrowding, and facility maintenance. As a charter school, we will have the ability to respond to these issues more efficiently, making timely decisions that prioritize the well-being of our students.”

Certain spoke against the application 

SBAC Member Certain, who has been an outspoken critic of the charter conversion, addressed the commission on behalf of the school board: “This charter does not supplement the educational opportunities of students in Alachua County,” Certain told the commission. She mentioned the overcrowding at NES and asserted that this issue was on the school board’s priority list.

“Right now, the school is overcrowded, and it’s on our list of plans to have it rebuilt to add additional capacity, although that’s some years out,” Certain said. 

Certain highlighted the loss of funding and revenue for the school district if the charter were to pass. “Our school districts were created under the state statute to align with county boundaries, and we have operated within that framework for a number of years. Our funding comes from our participation in the Florida Education Finance program. The citizens of Alachua County have indeed done a remarkable job of servicing all of the schools, but especially the schools in the western part of our county, where the growth has been incrementally greater than the eastern part of the county.”

Based on a budget published by NCS in November 2024, the school district stands to lose nearly $6.7 million in local and state funds in the ’26-’27 school year due to the charter conversion ($4.1 million in Base FEFP funding, $2 million in other FEFP funds, and about half a million in One Mill funds). NCS will also receive some federal funds that would otherwise go to Alachua County Public Schools.

Certain also argued that the application didn’t meet the merits of a conversion charter, but instead should be considered a “municipal charter” and criticized the City of Newberry for diverting resources toward the charter initiative. However, CSRC member Sara Clements later praised the City of Newberry’s close involvement with the initiative and its willingness to work with the NCS board. 

“I see that as a benefit – to me, it’s the community coming together and saying we want something a little bit different for the kids in our area. I think it’s a great thing that the City is willing to [provide] their resources, and if that’s what the City of Newberry wants, that’s a wonderful thing,” Clements said.

Certain was asked by the commission if she would support the charter conversion, should it pass, and she responded, “Of course, because we would be their local sponsor, so there will be this work we have to hash out and iron out, with the charter contract and all of that – and so that goes without saying. We work cooperatively with the charters that are in our district.”

Controversy over whether the tie vote from teachers met the threshold

The school district contested the initial charter vote, which was held last year, claiming that it failed under a Florida Department of Education rule. This controversy was addressed directly by James Richmond, an attorney representing the CSRC.

“The statute says clearly that a minimum of 50 percent of the votes is sufficient to move an application forward. When that statute was initially implemented by the Department of Education, it was translated into ‘a majority vote.’ That remained dormant for many years,” Richmond explained. “But then this case came along and brought to our attention that the rule deviated from the statute.” 

Richmond told the board that the statute takes precedence over the interpretation of the rule.

“In this case, it would be my recommendation that we recognize the statutory criteria that the legislature has adopted. The case law is clear… The statute basically supersedes the rules when the two are inconsistent,” Richmond concluded.

Amy Envall, an attorney representing SBAC, challenged Richmond’s assertion and argued that the threshold of a majority wasn’t met. “Even though the rule was changed, it is still the district’s position that the amended ballot rule has no retroactive application and does not change the outcome of the vote,” Envall said. 

Public comment

During public comment, local parent Brandy Oldman, who has three children at Newberry Elementary, spoke in opposition to the charter. “It’s been a division in our community, and I just think it’s a bad idea for our children,” Oldman said. She referred to the school as “landlocked” and asserted that there is no room for additional portables “unless you put them on the playground, which I don’t think anybody wants.” 

Oldman’s comments highlighted an ongoing dilemma regarding the overcrowding at NES, which is currently at the highest capacity in the district, at 141%, and sends fifth-graders to Oak View Middle School. Danne addressed the overcrowding issue at one point, saying that there are numerous options the board has strategized to solve the problem, including double-story portable buildings and the utilization of City-owned land contiguous with the school.

Florida Charter Institute (FCI) Executive Director Susie Carello, who signed FCI’s approval of the charter application, praised the merits and vision of the NCS, including the “strong academic program” it offered and the educational diversity of the governing board. She commended the board for its thorough and well-researched presentation of the curriculum. 

“They laid out a very clear process whereby they would meet the requirements of the state of Florida, driven by the principal, and inclusive of teachers, and we thought that was very important,” Carello told the commission.

The motion to approve the conversion of Newberry Elementary passed unanimously by a 5-0 vote. 

Reactions to the vote

Following the vote, Certain told us she was disappointed with the result: “I think there were a lot of pertinent facts that were overlooked or ignored.” When asked about any plans to challenge or appeal the decision in court, Certain refrained from commenting, telling us the issue will be discussed at a future school board meeting.

Danne told us that he was excited for the Newberry community and its students’ futures. “Our community, including the parents and teachers, worked hard to make this happen, and we could not have gotten here today without their support,” he said.

Alachua County Public Schools Public Information Officer Jackie Johnson issued the following statement in regards to the NCS charter approval:

“Alachua County Public Schools (ACPS) is aware of the Florida Charter Review Commission’s (CRC) decision today to approve the conversion of Newberry Elementary School to a charter school, starting in the 2026-27 school year. Newberry Elementary’s leadership and staff will remain focused on meeting the needs of the students, ensuring they continue to receive a high-quality education.”

Johnson also sent out an email to all current NES parents, that read:

“Newberry Elementary School families:

“The Florida Charter Review Commission (CRC) has approved the conversion of Newberry Elementary School into a charter school, starting in the 2026-27 school year. We want to assure you that Newberry Elementary School’s leadership and staff remain focused on meeting the needs of your students and providing a high-quality education. Thank you for your continued support of Newberry Elementary School!”

WHAT HAPPENS NEXT:

According to Danne, the NCS Board will now enter into negotiations with the school district to finalize the charter. By state statute, the district now has 30 days to provide a draft charter contract, beginning on the day of approval. The parties have an additional 40 days to negotiate the initial proposed draft, although that timeframe can be extended if both parties agree.

Each board member will need to complete training on Sunshine laws and undergo additional training specifically in the area of education. Identifying and hiring a principal is also high on its priority list, as well as finalizing its service agreement and partnership with the City of Newberry.