- May 5, 2024
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Tallahassee attorney Ron Myer presented the School Board with context for a possible lawsuit against the state, concerning the Class Size Amendment as an unfunded mandate.
The School Board hosted Tallahassee attorney Ron Myer, in a June 7 workshop, to present possibilities of pursing legal action against the state, concerning inadequate education funding.
“How much does talk cost?” School Board member John Fischer rhetorically asked the Board. Board Chair Sue Dickinson answered: Nothing, unless you’re Colleen Conklin.
Conklin had been recently fired from her government-funded job after suggesting the board come together to discuss suing the state. Myer’s presentation was the result of her suggestions.
“You’ve let the state off the hook,” Myer told the board, adding that there are few precedents for schools-versus-state litigation, let alone success stories — but that doesn’t mean efforts would be futile.
“I have the conviction that this is worth looking into further,” he said.
Myers suggested focusing on a specific, measurable issue, such as funding deficiencies resulting from the Class Size Amendment, a mandate Myer described as blatantly unfunded.
Speaking of the local funds that had to be spent to satisfy the mandate, Myer said: “That is money the state should have been providing.”
“The Class Size Amendment should change nothing in how the district and counties work — it’s completely the state’s responsibility to ensure the number is met,” he told the Board. “I think there’s a dollar-certain amount that … the state owes you.”
Chair Sue Dickinson agreed.
“Our state legislation truly wants public education to fail,” she said. “At what point does the public realize that Flagler County is in financial emergency, and the state is coming through the door?”
“When are we, the districts, going stand up and say no?” Fischer added.
“It’s a total loss of local control,” Conklin said. “How do we assert ourselves and say, ‘Enough is enough’”?
Vice Chair Andy Dance stated that the analysis had merit, and that he’s interested in seeing financials to determine whether a case would be worth the battle.
“The public needs to appreciate fully that public schools are being attacked,” Myer concluded.
According to Myer, a suit — with a court life of potentially four years — wouldn’t be cheap, but there are fee recovery options available, such as hiring a lawyer to work on contingency.
Discussions will continue.
