School Board of Alachua County asks the State Board of Education to overturn approval of Newberry charter school

BY JENNIFER CABRERA

GAINESVILLE, Fla. – Attorneys retained by the School Board of Alachua County have formally appealed the approval of a conversion charter school in Newberry.

The letter is signed by attorneys Terry Harmon, Amy Envall, and Molly Shaddock from Sniffen and Spellman, P.A., a firm hired on November 26, 2024, to represent the district “related to General Education and other matters from time to time” through June 30, 2025. The firm’s attorneys are paid $200 per hour, with a maximum total billing of $25,000.

The letter lays out arguments that have become familiar to both supporters and opponents of the effort by a group of parents, supported by the City of Newberry, to convert Newberry Elementary School into a charter school.

The vote failed

The letter argues that the vote to convert the school failed because “Prior to the vote, both parties… agreed to conduct the vote in accordance with [Florida statutes] and [the rule governing conversion charter votes].” After the teachers voted 22-22 and the district announced that the vote failed under the rule that required (at the time) a majority of votes, the attorneys wrote, “the Applicant never challenged or appealed the voting results.” The letter states in a footnote that the Applicant sought “some sort of clarification” from the Department of Education and received a response stating that “if… at least half of the teachers voted for conversion, then the applicant has met that threshold requirement.” The rule was later amended to align with the statute that specifies “at least 50%” of the teachers must vote in favor of the charter conversion.

The letter states that it “is undisputed that at the time of the vote there was a facial conflict between the Rule and [the Statute],” but “Both parties agreed to the requirement of ‘more than half’ – and it was under these requirements that the vote was advertised, conducted, and failed.”

Concerns with the application

The letter states that Alachua County Public Schools reviewed the charter school’s application, noted “at least ninety-two (92) concerns,” and recommended that the application be denied. The district found that five sections of the application met the standard, nine sections partially met the standard, and eight sections did not meet the standard. Conversely, the Florida Charter Institute (FCI) found that 21 sections met the standard and one section partially met the standard. FCI noted five concerns. The attorneys state that during the Applicant’s interview with FCI, the district’s concerns were brought up, but “they were only addressed superficially, without extensive details or getting into the specifics.”

“De facto municipal conversion charter application”

The attorneys argue that although the City of Newberry “is not the applicant in this case,” because of the City’s extensive involvement in the effort, “an argument can be made that it appears to be a de facto municipal conversion charter application, which is not permitted by law.”

Jurisdictional issues

Since the Florida Department of Education’s rule only gives the applicant the ability to appeal the decisions of the Charter School Review Commission, the attorneys admit that “Based on the plain language of the statutes and applicable rule, there is no express right for the District, as the sponsor, to appeal the approval” of the application but argue, “This is inherently unjust and unfair.”

Conclusion

The attorneys concluded by asking the State Board of Education to overturn the decision of the Charter School Review Commission or let the district “exercise the right to appeal the decision in the same manner in which the applicant is expressly afforded in the applicable rule and Florida Statutes.”