In the latest chapter in a long-running legal battle, an appeals court Wednesday ruled that the Palm Beach County School Board is required to make retroactive payments to charter schools stemming from a 2018 referendum. The referendum asked voters to approve a property-tax increase for issues such as school safety and teacher pay, saying the money would be “dedicated for operational needs of non-charter district schools.”
Charter schools are public schools that are typically operated by private entities.
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After voters approved the ballot measure, charter schools Academy for Positive Learning and Palm Beach Maritime Academy and two parents filed a lawsuit against the county school board arguing that charter schools were entitled to a portion of the money.
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The appeals court in 2021 agreed that the charter schools should get a cut of the tax dollars, and the Florida Supreme Court later declined to take up the issue.
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Left undecided, however, was whether the charter schools should recoup money from the 2019-2020 and 2020-2021 academic years, a period when the legal issues remained unresolved. The appeals-court panel Wednesday overturned a circuit judge’s ruling that sovereign immunity shielded the school board from having to make retroactive payments.
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