The Lee County School Board isn't giving up on a fight over whether an education bill that was signed into law in 2017 is constitutional.
Lee, Collier and 12 other Florida school districts sued the state last year, challenging the constitutionality of the law, which gives more public money to charter schools. Leon County Circuit Court Judge John Cooper dismissed the lawsuit April 4, finding that the law is constitutional.
The Lee school board voted 6-1 Tuesday evening to be among the school districts that appeal the judge's decision. District 2 Board Member Melisa Giovannelli voted against appealing the lawsuit.
In July the board voted 6-0 to join the lawsuit, and it OK'd spending up to $25,000 on litigation costs. The board approved spending the same amount on costs related to the appeal.
Some education advocates have a long list of concerns about the education bill — House Bill 7069 — that lawmakers passed and Gov. Rick Scott signed into law.
One issue opponents of the law argue is that it takes away local control of the use of federal Title I money. Another problem with the law, they say, is it takes tax money from public schools and funnels it to charter schools to fund construction projects.
The board discussed the lawsuit in a closed-door executive session before voting on whether to be part of the appeal.
Giovannelli said she voted against the district being part of the appeal because she is concerned about spending more money on what may turn out to be a losing cause.
She said she would have preferred for the district to hold off on making a decision and waiting to see what other school districts decided to do regarding the appeal.
At least one other school district has voted to be among the districts that appeal the judge's ruling. The Bay County school board approved spending $7,500 on costs related to the appeal, television station WJHG reported.
Mary Fischer, the Lee school board District 1 representative, said the school attorney advised the board during the closed-door session that one to three school districts may decide to drop out as plaintiffs.
"I think if we want to improve our image, when we make a decision, we need to stick with it and see it through," she said.
Ray Troy, a North Fort Myers resident, said he supports appealing the judge's ruling.
"I think if this stays the way it is and the way it's going to be, there won't be any public schools," he said.
But another resident, Anthony Thomas, thinks the board should give up on the lawsuit.
"Let's stop wasting the time and the money on this lawsuit," Thomas told the board. "It isn't going anywhere. You made your point. We got your message. You don't like it."