During a regular meeting on Wednesday, the School Board of Alachua County (SBAC) authorized its legal counsel and superintendent to file an appeal with the Florida Board of Education regarding the conversion of Newberry Elementary School into a charter school. 

Two weeks ago, the Florida Charter School Review Commission approved an application to convert Newberry Elementary School (NES) into a charter school, to be called Newberry Community School. 

Board members said the state has still not made an official ruling on whether the vote to convert NES passed, after it was announced as a failure, and no one appealed the result. They said multiple points in the charter school’s budget are points of failure. 

Now, board attorney David Delaney said a deadline is approaching for the SBAC to either present a proposed contract to the conversion charter school to become its sponsor or to appeal the decision. He said the state has not been clear about whether the school district can appeal the decision. 

“The statute, and the rules implementing the statute, are not written to create a level playing field,” Delaney told the board. “The rules and the statute reflect only if the charter conversion school gets turned down by the Charter Review Commission, there is a pathway forward in the rules for those folks to take an appeal. It’s silent as to whether the district has the option of taking an appeal.” 

Delaney said Alachua County Public Schools (ACPS) wants to push the issue “as far as we can,” and would cite in its own appeal the allowance for the applicant’s appeal. 

Board Chair Sarah Rockwell asked what the consequences would be if the appeal does not work and the district reaches the end of its timeline. The timeline itself is in a state of some confusion, according to Delaney, as it is unclear whether the countdown began after the review commission’s decision or after a letter announcing the decision arrived on Wednesday. 

Either way, Rockwell asked that staff work to draft a contract just in case it is needed. Delaney said that work was already underway. 

“To me, that would be a worst-case scenario,” Rockwell said. “That we lose our appeal, and Newberry gets their contract as they want it enforced, when that contract may not include things that are necessary for kids or may include things that are an undue burden on the district.” 

Board Member Tina Certain made a motion to authorize Superintendent Kamela Patton and legal counsel to file an appeal with the board of education, challenging the approval of the Newberry charter school. Her motion also left leeway for the superintendent and attorney to explore all available actions. 

“I really do hope that you guys will support the motion,” Certain told her colleagues. “We file the appeal, and I am ready for doing a whole lot more than that.” 

 Board Member Thomas Vu seconded the motion, and it passed 4-0. 

Eight citizens lined up to encourage the board in its stance against the charter conversion, but they were not the only highlight of public comment on Wednesday. 

When the meeting began at 6 p.m., most seats were already filled—by both local government representatives attending for a discussion of Citizens Field and by public commenters upset about teacher contract negotiations and the school board’s policy on U.S. Immigration and Customs Enforcement (ICE) being allowed in schools. 

Regarding the teachers’ 2024-25 school year contract, which has been under negotiation with the Alachua County Education Association (ACEA) for a year now, commentors admonished the board for not respecting its employees. Teachers spoke up to talk about how little they are paid and to complain that ACPS has brought no proposal to the last several bargaining meetings with ACEA. 

“About two meetings ago, [Board Member Leanetta] McNealy proudly stood behind her defense that we need to keep the phones because we need to be first in something… why not be first in teacher happiness?” Nickole Dean, a teacher for the visually impaired, said to the board. 

The next bargaining meeting is set for 4:30 p.m. on Thursday in the boardroom at the Alachua County School District office at 620 East University Ave. In Gainesville. 

Other public commenters showed up with t-shirts and buttons, telling the board that though federal law may have changed its policy to allow ICE into schools, ACPS could do more to keep students safe from law enforcement—starting with a requirement that officers present identification and a warrant before entering a school. 

Commenters also demanded a clear policy for parents and teachers, saying that children are being traumatized by the chance that ICE could come into their schools, racially stereotype them and remove them for questioning without notifying their parents. 

“As parents, we leave our children in schools assuming they’re going to be kept safe. Anyone entering any school, especially seeking to talk to any student, must go through protocols to identify themselves and their reason for being there,” parent Jennifer Molina told the board. “I am outraged and heartbroken at the school’s policy. Your current protocol prioritizes state officials over our parents’ rights.”