Manatee County School Board sues two charter schools over tax share

The School Board of Manatee County has sued to get a judge to decide whether charter schools are entitled to a share of a half-cent sales tax that voters approved in 2016 for school construction and renovation. The suit was filed in the 12th Judicial Circuit, and the board voted unanimously at a Tuesday meeting to authorize it. It targets Southwest Charter Foundation Inc., which operates two charter schools, Lakewood Ranch Preparatory Academy and Manatee Charter School.

Florida law now requires districts to share such capital tax revenue proportionally with eligible charters, but only for taxes approved by voters on or after July 1, 2020. Manatee's tax predates that. The district nonetheless offered its 17 charter schools a share through a phase-in, starting at 50% of their proportional share (about $4.5 million last year) and rising to 100% by the end of fiscal year 2028. According to the lawsuit, 15 charters accepted. Southwest Charter wants a full share now, while the district argues charters have no legal right to any of the money. A resident who voted for the tax joined the suit as a taxpayer plaintiff. The district and that resident argue voters never authorized sharing the money with charters. The article says the tax has produced over $158 million in three years. The district's deputy superintendent said the money for the two schools is being held in its capital plan until contracts are amended. A spokeswoman for the two charter schools declined to comment because of the pending litigation.