Please tell the city council to put the school board’s referendum on our ballot

I hope the city council will monitor the lawsuits brought by the school board and the parents of crumbling schools to determine if Jason Gabriel gave them bad advice. If the city council will signal to the school board that they’ll put the school board’s referendum on our ballot, I assume the school board will resubmit it to the city council.  Judge Wilkinson’s comments as quoted in a TU article:

Wilkinson said the school district has its own taxing authority and School Board. “Isn’t that a major division?” he asked. “Even the charter says its a separate body.” … “Which brings us back to the start of this,” Wilkinson said, arguing that just because School Board officers qualify as county officers doesn’t mean they’re subject to city control.

People elected the school board specifically to improve and monitor the public school system. The legislature nor the city council were elected with such a pin-pointed goal. Why do the city council and the legislature keep trying to usurp the authority of the elected school board?

Below are comments about Fischer’s J-1 bills. I would think the city council would be worried about this also. Does the Duval Delegation want to usurp the authority of the elected city council?

As of now, the below email outlines the gist of what I plan to say on November 1st at the Duval Delegation meeting which is:

Article VIII Section 6(e) says that Section 9 is no longer valid since consolidated Jacksonville has a charter. And that means that both versions of Jason Fischer’s J-1 bills have no authority. In order words, the Duval Legislative Delegation doesn’t have the authority to request that the state legislature change our city’s charter or put items on our city’s ballot. I have asked repeatedly what gives Jason Fischer the idea that he can ask the state legislature to put things on our city’s ballot or change our city’s charter. The only thing I have been told is that it is Article VIII Section 9. But Article VIII Section 9 is no longer valid since we have a charter.

I understand most people at the Duval Delegation meeting will be making the point that keeping the Superintendent appointed by the elected school board is best for our city. I agree with that premise,

However, I think the main danger of both versions of Fischer’s J-1 bill is that he thinks he can get the state legislature to change our charter and that Jacksonville is unique in that way.

———- Forwarded message ———
From: Susan
Date: Sun, Oct 27, 2019 at 10:32 AM
Subject: Please answer my simple question: Do you know what parts of Article VIII were changed in 2018?
To: <gibson.audrey@flsenate.gov>, <bean.aaron@flsenate.gov>, <tracie.davis@myfloridahouse.gov>, Daniels, Kimberly <kimberly.daniels@myfloridahouse.gov>, <cord.byrd@myfloridahouse.gov>, <clay.yarborough@myfloridahouse.gov>, <wyman.duggan@myfloridahouse.gov>, Voellmecke, Lenae <lvoellmecke@coj.net>

Do you know what parts of Article VIII were changed in 2018?
I googled and found this:

Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local government … Revision No. 5, 2018, filed with the Secretary of State May 9, 2018; adopted 2018.

This is how Article VIII Section 6 begins

SECTION 6. Schedule to Article VIII.—
(a) This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference.

This is how 6(e) reads now:

(e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 19, 210, 311 and 424, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to 3Article VIII, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amendments thereto are authorized under said 3Article VIII, Section 11, of the Constitution of 1885, as amended.

I continue to posit that Article VIII Section 6(e) says that Section 9 is no longer valid since consolidated Jacksonville has a charter. And that means that both versions of Jason Fischer’s J-1 bills have no authority. In order words, I posit that the Duval Legislative Delegation doesn’t have the authority to request that the state legislature change our city’s charter or put items on our city’s ballot. If I’m wrong, please tell me why. I have asked repeatedly what gives Jason Fischer the idea that he can ask the state legislature to put things on our city’s ballot or change our city’s charter. The only thing I have been told is that it is Article VIII Section 9. But Article VIII Section 9 is no longer valid since we have a charter. If I’m wrong, please tell me why.

Thank you,
Susan Aertker

A Rally in Support of Public Schools

Rally begins 8 am on September 20th. I will have posters to share. Bring your own or borrow one of my posters.

Details at this link:
https://www.eventbrite.com/e/protest-rally-fl-board-of-education-meeting-in-duval-stop-harming-public-schools-tickets-7210080444

 I will have 5 choices to share with people who didn’t bring their own poster:

1. If the rules aren’t necessary, why make any school follow them? If they are necessary, why are you exempting charter schools and private schools that receive voucher money?

2. Place a lien on property receiving public funds so the money can be recouped if the charter school closes.

3. Money is what made a difference in Jefferson County. Don’t starve our neighborhood schools

4. Support SB 56: A 2020 non-discrimination bill

5. Florida Statute 1003.42 (g) should apply to all publicly funded schools including private schools receiving voucher money.

Extra information about the posters.

Poster 2:
Florida Statute 1002.33 says “district school board property,” but what if the building and land are owned by private investors even though the public funded the purchase? We need legislation that says that any private investor, receiving funds to build or renovate privately owned buildings, must agree to a lien on the property so the school district can recoup the tax money in the event the charter school closes and/or the property is sold.
Even a supporter of charter schools has called for claw back provisions. A caller asks around minute 28 in the podcast at the below link: “What will happen to the profits if the building and land are sold?” Mr. Chartrand dodges the question, but Ms. Miller says there should be claw back provisions. Also please listen starting at minute 42 when the interviewer questions Chartrand’s dedication to quality education based on his actions when he was chair of Florida’s Board of Education.
https://news.wjct.org/post/81919-democrats-call-investigation-mayors-office-jax-civic-council-cole-pepper

Poster 3:
Quote from this article:
What’s obscured in the misleading narrative, though, is that Somerset’s new charter schools in Jefferson County have had millions of dollars more to work with than what was previously available to the traditional public school district there.
https://chartered.wlrn.org/millions-difference-somerset-charters/

Poster 4:
Florida Senator Darryl Rouson introduced SB 56 for the 2020 legislative session. The bill will add the following language to the Florida statutes (f.s.):
A private school participating in an educational scholarship program … may not deny enrollment to a student based on the student’s race, ethnicity, national origin, gender, disability, religion, sexual orientation, or gender identity;

Poster 5:
Excerpts from Florida Statute 1003.42 Required instruction.—

(1) Each district school board shall provide all courses required …
(2) Members of the instructional staff of the public schools … shall teach efficiently and faithfully, using the books and materials required that meet the highest standards for professionalism and historical accuracy …
(g) The history of the Holocaust (1933-1945), the systematic, planned annihilation of European Jews and other groups by Nazi Germany, a watershed event in the history of humanity,to be taught in a manner that leads to an investigation of human behavior, an understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic society and for nurturing and protecting democratic values and institutions.

public education

Tell your state representative to support SB 56

The organization that administers Florida’s growing array of voucher programs — Step Up For Students — insists it doesn’t want private schools to discriminate against minority groups, but it has no legal basis to deny those schools voucher money. ref 1

Florida Senator Darryl Rouson introduced SB 56 for the 2020 legislative session. The bill will add the following language to the Florida statutes (f.s.):

A private school participating in an educational scholarship program … may not deny enrollment to a student based on the student’s race, ethnicity, national origin, gender, disability, religion, sexual orientation, or gender identity;

I hope this strong statement in Florida Education Commissioner Corcoran’s letter  ( ref ​2)  means he will be supportive of Senator Rouson’s bill:

For my part, I intend to exercise all avenues afforded to me through Florida statutes and rules to investigate and act. I will swiftly, and to the limits of my office and resources, investigate and prosecute any individuals who threaten the equity and cultural sensitivity of the educational experience of our public schools.

The term “public schools” as was used in the Florida Education Commissioner’s letter has become blurred with the proliferation of taxpayer money funding charter schools and private schools. Going forward, we need to make clear which regulations only our neighborhood schools need to follow and which regulations apply to all schools receiving public money either directly or indirectly via the tax credit scheme.

In addition to urging your legislator and the Education Commissioner to support SB 56, please also urge them to require Florida Statute 1003.42 (g) to apply to any school receiving public funds. Florida Statute 1003.42(g) requires the teaching of a course that will lead to an understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic society.

Also please urge your legislator to introduce legislation that will make clear that freedom of religion laws don’t give one person priority in legal disputes in a way that harms another.

https://www.orlandosentinel.com/news/education/os-ne-gay-students-voucher-schools-eskamani-20190812-w53wqlfdp5fyvpcw5bfaruvqla-story.html

Ref 1 https://www.orlandosentinel.com/opinion/editorials/os-op-florida-vouchers-disciminate-gay-students-20190706-3qbgvqro6jcd7of6hf4c4b3eim-story.html

Ref  2 http://www.fldoe.org/core/fileparse.php/35/urlt/HolocaustLetter-July2019.pdf

Ref 3 https://www.adl.org/blog/empowering-educators-to-discuss-hard-topics

Ref 4 http://www.flholocausteducationtaskforce.org/classroom-resources/

Florida’s Tax Credit Scheme allows some businesses to divert dollar for dollar their tax liability money to a private school. Read more:

https://www.tampabay.com/blogs/gradebook/2019/02/15/gov-ron-desantis-reveals-plan-to-eliminate-scholarship-wait-list/

J-1 and Jason Fischer

Please send a copy of Florida Constitution Article VIII Section 6 to Jason FischerThe Duval Delegation has no right to change Duval’s Charter.

Florida Constitution Article VIII  Section 6 says Article VIII Section 9 is no longer applicable once a county adopts a charter (which we have).  

Here is a screen shot of Jason Fischer’s FB page where he says it is Article VIII Section 9 that gives J-1 it’s authority.  

image.png

But here is a screen shot of Article VIII Section 6 that says that Section 9, 10, 11 and 24 are no longer applicable once the county/city gets a charter.

image.png
In other words, Section 9 of Article VIII is no longer applicable to Jacksonville since Jacksonville has a charter.  In other words, the state legislature can not change Jacksonville’s charter.
 

Excerpt from Section 6 of Article VIII:

Article VIII Section 9 shall remain in full force … until that county shall expressly adopt a charter … “

Regarding this article:
https://www.jacksonville.com/news/20190906/new-push-to-make-superintendent-elective-office

In this video clip of the Duval’s Charter Revision Commission after minute 6, W.C. Gentry mentions section 9 and uses the wording “one shot pony.” The attorney answers mentioning section 6(e)which I quote above.
https://www.youtube.com/watch?v=JVXowUQ65-A

The Florida Constitution Article VIII section 6(e) can be found at this link:
http://www.leg.state.fl.us/statutes/index.cfm?submenu=3#A8