Proposal would force Dade, Broward to share new school tax revenue with charters

A bill filed late Tuesday seeks to put to rest an ever-brewing battle over whether charter schools are entitled to a share of dollars raised by school districts that pass local property tax referendums.

The bill, proposed by the House Ways and Means Committee led by Rep. Bryan Avila, R-Miami Springs, says that districts must share these funds with charter schools or risk having other monies withheld. The bill would affect Miami-Dade, Broward and at least a dozen other districts whose constituents have voted to raise property taxes for school operations, such as paying teachers.

Those districts will be required, starting in this upcoming budget year, to spread that wealth to charter schools, which are schools financed by taxpayers but managed by private entities.

“We’re clarifying something the courts have had differing opinions on so for us as legislators our main responsibility is to make sure the intent of the law is upheld,” Avila said. The recent court opinions have been the result of lawsuits — in Indian River and Palm Beach counties — over this very question.

While the ripple effects will be felt statewide, the bill’s origins likely rest with an ongoing dispute in Miami-Dade, which overwhelmingly passed a property tax hike in November. About 88 percent of the funding expected to be collected in its first of four years — more than $200 million — has already been bargained with the teacher’s union to supplement teacher salaries. The remainder of the referendum funding would go to placing a school resource officer in every school, and Miami-Dade Superintendent Alberto Carvalho has pledged to share that safety and security funding with charter schools.

Carvalho has maintained that the district’s intent was clear that the funding would be used for district teachers, adding that no oversight mechanism is in place to ensure those dollars would be spent on teachers at charter schools. Critics have said Miami-Dade’s ballot language is vague and did not specify that the funding would be exclusively for teachers in traditional district schools.

While the Miami-Dade County school district has said it would not give those supplements to charter school teachers, House Speaker José Oliva, R-Miami Lakes, sent a letter to school district leaders in February saying that their decision amounted to “deception” of the voters.

Carvalho told the Miami Herald on Wednesday that his staff was still analyzing the bill, but that the district would honor the labor contracts bargained with United Teachers of Dade and Fraternal Order of Police, which represents officers in the school district’s police department.

“There is no retroactive solution to this issue. We certainly can envision potential solutions with all parties,” he told board members. “A promise we made to our teachers is a promise we’re going to keep.”

Board members were eager for a response from Carvalho and the board attorney, but were reluctant to discuss more on the issue to not raise alarm or concern. Board member Susie Castillo asked for a closed-door executive session, which was not allowed. Board member Steve Gallon requested a “framework” that might “limit anxiety.”

“We should not be talking so much about this,” said School Board chair Perla Tabares Hantman. “The statements and the conclusions we may reach is not necessarily what could happen or what will happen.”

Carvalho said potential solutions could be presented at the next round of school board committee meetings May 1, while the legislative session is still ongoing. He pledged that the solutions would not disproportionately affect taxpayers and would respect the will of the voters.

Sonia Diaz, a spokeswoman for United Teachers of Dade wrote in a text that the union has “been pretty loud and clear on our position with the Legislature and with the school board.”

“Nothing has changed,” she wrote.

John Sullivan, the director of legislative affairs for the Broward County school district, said Broward could be compelled to give $17 million to $18 million to charter schools, off of about $100 million raised every year if the bill passes. Broward’s referendum ballot language specifically said it would share safety and security dollars with charter schools but would give supplements only to traditional district teachers.

“We just feel it’s inappropriate for Tallahassee to change the rules of the game after the voters have voted for very specific language for specific programs,” he said.

Lynn Norman-Teck, executive director of the Florida Charter School Alliance, said her organization supports “any measure that provides more equity in funding for all students.”

Yet she said her group would prefer charter schools to work through the issue with districts, rather than have it handled through the Legislature. She noted that some districts already understand the need, mentioning Lake County sharing its property tax with charters and Hillsborough County sharing its new sales tax with some of its charters.

Charter schools in Miami, which educate almost one out of every five public school students in the district, have mobilized to get their share of referendum dollars. Some charter schools circulated critical fliers about the referendum before the election and launched letter-writing campaigns after voters approved the tax hike.

Avila, the chair of the committee proposing the bill, is a former charter school teacher at Doral Academy Preparatory High School.

“A teacher is a teacher,” he said. “I could certainly make the argument I [was] putting in just as much of an effort and dedicating myself as much to my students as much as a traditional public school teacher.”

This story was updated after it was initially published to delete references to campaign contributions Avila or his political committee may have received and references to Education Commissioner Richard Corcoran and his Watchdog PAC. Those references were incorrect.

Emily L. Mahoney reported from Tallahassee; Colleen Wright reported from Miami.

Tampa Bay Times reporter Jeffrey S. Solochek contributed to this report.

This story was originally published April 10, 2019 at 2:26 PM.