Broward School Board asked to fire general counsel over charter school dispute
The Broward School Board’s top lawyer could be fired this month following questions over whether the school district failed to share enough money from a 2018 tax referendum with charter schools.
General Counsel Marylin Batista could be terminated without cause at the April 16 School Board meeting, under a proposal from Board member Daniel Foganholi.
“In recent weeks, concerns have arisen regarding the conduct and decision-making of the General Counsel, despite the Board’s explicit directives and established protocols,” Foganholi wrote in an agenda item. “The General Counsel has undertaken certain actions independently, which have led to unfavorable outcomes for the School District.”
He specifically listed the School Board’s efforts to resolve the dispute over charter school funding. The School Board decided in 2018 to only share a small portion of money with charter schools from a referendum for teacher pay, safety and security and mental health. The total amount was about $4.6 million over four years.
But state officials said court rulings have made clear the district must provide a proportional share of the referendum money. About 30 charter schools sued the district in October to receive money they say they are owed, and the State Board of Education found the School Board out of compliance Wednesday. A state lawyer said the district owes charter schools about $80 million.
The School Board voted March 20 to try to resolve the issue quickly, but district lawyers submitted a memo stating reasons why the district shouldn’t have to share the money. Some board members said the memo didn’t reflect the will of the board.
During the state Board of Education meeting, Batista gave answers that indicated she agreed the School Board had to share money with charter schools, based on court rulings in 2021 but said it was a decision of management at the time. She was interim general counsel at the time the rulings became final.
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Foganholi, one of two appointees of Gov. Ron DeSantis on the School Board, cited other issues as well.
“Since my swearing in back in 2022, there have also been multiple public major missteps and different legal opinions given on the same topic, depending what board member requests guidance,” he said in the agenda item.
Batista, responding to a request from the South Florida Sun Sentinel for comment, said, “I remained focused and committed to advancing the best interests of the School Board.”
If she is fired without cause, she is entitled to 60 days notice and 20 weeks severance, according to her contract.
Batista has been a lawyer with the school district since 1996. She became interim general counsel for the board in May 2021, after then-General Counsel Barbara Myrick was on indicted on a felony charge of improperly disclosing information from a statewide grand jury. Myrick has pleaded not guilty, and her case is still pending.
Batista initially didn’t apply for the permanent job, but when the School Board failed to reach an agreement with two candidates who were finalists for the job, it agreed to negotiate with her for the permanent job. She started as the permanent general counsel in February 2023.
