WSH was recently retained by the Miami-Dade School Board to take the lead in a difficult, ongoing appeal before the Third District Court of Appeal of a decision by the State Board of Education. The ruling had overturned the School Board’s politically sensitive decision to terminate the charter of an existing charter school, which the School Board had determined was performing poorly and jeopardizing the students’ education. After the School Board’s decision to revoke the charter, the school appealed the decision to the State Board of Education in Tallahassee. Despite a recommendation from the Charter School Appeal Commission favorable to the School Board, the State Board of Education rejected the recommendation and upheld the school’s appeal, directing the School Board to reinstate the school’s charter.
The School Board appealed the decision to the Third District Court of Appeal, and WSH, led by Appellate Practice Group Chair Edward G. Guedes, stepped in to complete the briefing for the School Board and handle the oral argument. In The School Board of Miami-Dade County, Florida v. Rise Academy of South Dade Charter School, The Third District reversed the State Board’s decision, finding that the decision was erroneous under “any standard of review,” and remanded the matter to the State Board with directions to deny the charter school’s appeal, thus upholding the School Board’s original decision.
To read a copy of the Opinion, please click here.
Author(s): Edward G. Guedes
