The Indian River County School District is sinking another big chunk of tax money into its legal fight with the county’s charter schools, continuing its attempt to avoid paying millions of dollars the charter schools say they are owed.
After meeting behind closed doors for an hour, the board emerged into open session for a brief vote to approve spending an additional $81,000 – on top of $50,000 approved last month – to try and keep the charters, which are public schools, from getting an equal share of property-tax revenue. The board did not specify how the money will be spent and board members declined to comment on their reasoning.
The case was brought by the five public charter schools in the district after efforts to negotiate with the board were rebuffed. It is now in circuit court, with Judge Paul Kanarek presiding. More than $2 million in school funding tax dollars are at stake.
Gene Waddell, chairman of the Indian River Charter High School Board and spokesman for the charters, said the school board came to the charter school leaders in 2012 and asked them to help pass a school tax levy. Charter leaders gave their support with the understanding charter school students would count equally with other public school students, and the money would be shared among schools on an equitable per student basis. The referendum stated it was for “all students” in the district.
The 0.60 levy “passed overwhelmingly” in November 2012. Because of the levy, property owners in the county pay an extra 60 cents for each $1,000 of assessed value each year, which brought in an extra $26 million in revenue for the schools over the past three years.
So far, so good. But when it came to doling out the revenue, which is controlled by the district, the charter schools were given only 5 percent of the total collected – approximately $1.3 million – even though charter students make up 13 percent of the county’s student population. The charters say they are due an additional $2 million in back payments, not including interest or penalties, plus hundreds of thousands more between now and when the current tax expires next summer.
In August, voters approved an extension, or replacement, of the current school tax levy that will run for another four years, from 2017-21. This referendum guarantees charter schools will get an equal per-student share of the funds produced by the tax.
By agreeing to that guarantee, the district seemed to acknowledge the charters have a right to equal per-student funding, but the school board does not want to make up any arrears or start sharing money equally before next summer.
Board members Claudia Jimenez, Dale Simchick, Matthew McCain and Charles Searcy voted last month to spend $50,000 to pay for an expert witness and other legal fees for a September hearings in the case. Last week they voted to spend $81,000 more, with no specifics given in the motion.
School Board Member Shawn Frost was the sole no vote in both cases. “This is just the beginning of what will likely be a very protracted and expensive legal battle,” Frost said. “I personally remain concerned with the amount of money the district spends each year on legal actions and would rather see those dollars working to educate students in our classrooms.”
None of the four board members in favor of the expenditures returned a request for comment.
Waddell said, “It is inconceivable” the board would spend more money to “avoid appropriately sharing operating dollars with the public charter schools.”
