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SCHOOL BOARD OF COLLIER v. DEPT. OF ED.

Nos. 1D18-2040, 1D18-2072.

279 So.3d 281 (2019)

The SCHOOL BOARD OF COLLIER COUNTY, Florida, Appellant/Cross-Appellee, v. FLORIDA DEPARTMENT OF EDUCATION; State Board of Education; Richard Corcoran, in his official capacity as Florida Commissioner of Education; Andy Tuck, in his official capacity as Chair of the State Board of Education, the Passport School, Inc.; Hope Charter School, Inc.; Legacy High School, Inc.; Marco Island Academy, A Public Charter High School, Inc.; Jenny Cartwright; Beth Schmude; Lisa Burdue Tackett; The School Board of Alachua County, Florida; The School Board of Bay County, Florida; The School Board of Broward County, Florida; The School Board of Clay County, Florida; The School Board of Duval County, Florida; The School Board of Hamilton County, Florida; The School Board of Lee County, Florida; The School Board of Orange County, Florida; The School Board of Pinellas County, Florida; The School Board of Polk County, Florida; The School Board of St. Lucie County, Florida; The School Board of Volusia County, Florida; and The School Board of Wakulla County, Florida, Appellees/Cross-Appellants. The School Board of Alachua County, Florida, The School Board of Bay County, Florida, The School Board of Broward County, Florida, The School Board of Hamilton County, Florida, The School Board of Lee County, Florida, The School Board of Orange County, Florida, The School Board of Pinellas County, Florida, The School Board of Polk County, Florida, The School Board of St. Lucie County, Florida, and the School Board of Volusia County, Florida, Appellants/Cross-Appellees, v. Florida Department of Education; State Board of Education; Richard Corcoran, in his official capacity as Florida Commissioner of Education; Andy Tuck, in his official capacity as Chair of the State Board of Education, the Passport School, Inc., Hope Charter School, Inc., Legacy High School, Inc., Marco Island Academy, A Public Charter High School, Inc., Jenny Cartwright, Beth Schmude, Lisa Burdue Tackett, the School Board of Clay County, Florida, the School Board of Collier County, Florida, the School Board of Duval County, Florida and the School Board of Wakulla County, Florida, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

August 29, 2019.

Attorney(s) appearing for the Case

Christopher D. Donovan and James D. Fox of Roetzel & Andress, LPA, Naples, for Appellant/Cross-Appellee The School Board of Collier County.

Jon L. Mills and Stephen Zack of Boies Schiller Flexner LLP, Miami; Stuart H. Singer and Sabria A. McElroy of Boies Schiller Flexner LLP, Fort Lauderdale, for Amicus Curiae The School Board of Palm Beach County, in support of Appellants/Cross-Appellees The School Boards of Alachua, Bay, Broward, Hamilton, Lee, Orange, Pinellas, Polk, St. Lucie, and Volusia Counties.

Franklin R. Harrison and Heather K. Hudson of Hand Arendall Harrison Sale LLC, Panama City; Steven L. Brannock , Ceci C. Berman , and Joseph T. Eagleton of Brannock & Humphries, Tampa; Philip J. Padovano of Brannock & Humphries, Tallahassee, for Appellees/Cross-Appellants The School Boards of Alachua, Bay, Broward, Hamilton, Lee, Orange, Pinellas, Polk, St. Lucie, and Volusia Counties.

Shawn A. Arnold , Melissa Gross-Arnold , and Braxton A. Padgett of The Arnold Law Firm, LLC, Jacksonville, for Appellees/Cross-Appellants Hope Charter School, Inc., Legacy High School, Inc., Marco Island Academy, A Public Charter High School, Inc., The Passport School, Inc., Jenny Cartwright, Beth Schmude, and Lisa Burdue Tackett.

Amit Agarwal , Solicitor General, and Edward M. Wenger , Chief Deputy Solicitor General, Office of the Attorney General, Tallahassee; Rocco E. Testani of Eversheds Sutherland (US) LLP, Atlanta, pro hac vice; and Matthew H. Mears , Department of Education, for Appellees/Cross-Appellants The Florida Department of Education, State Board of Education, Richard Corcoran, and Andy Tuck.

Appellants/Cross-Appellees, several Florida school boards, appeal a final judgment entered in favor of Appellees, the Florida Department of Education, the State Board of Education, the Florida Commissioner of Education, and the Chair of the State Board of Education, seeking review of the trial court's rejection of their facial constitutional...

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