Why the Broward school board may vote to fire its top lawyer
The Broward County School Board plans to vote on whether to fire its top lawyer at a meeting later this month.
General Counsel Marylin Batista could be terminated because of a recent controversy linked to money the district owes to charter schools.
“The General Counsel has undertaken certain actions independently, which have led to unfavorable outcomes for the School District,” The wrote Daniel Foganholi wrote in an agenda item. He was appointed to the board by Gov. Ron DeSantis.
Batista told the South Florida Sun Sentinel she is “focused and committed to advancing the best interests of the School Board.” She did not respond to a request for comment to WLRN.
The controversy stems from whether the district shared enough money with local charter schools after a 2018 tax referendum. The money was to be used for teacher pay, safety and security and mental health programs.
The district shared some of the money with charter schools — about $4 million — but not enough, according to the state’s Board of Education. State officials contend the district owes $80 million to the charter schools.
Foganholi’s proposal directly references the charter school controversy and other issues.
“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.”
A state law passed in 2019 says public school districts are required to share a proportional amount of tax dollars with charter schools. Broward is currently doing that with money from a 2022 referendum.
Still, the state says the district owes money from the 2018 referendum. And other courts have ruled that the 2018 money falls under the 2019 law.
Foganholi cited unauthorized actions that “have resulted in legal and reputation risks for the School District.”
The vote is scheduled for an April 16 school board meeting.
Batista is entitled to a 60-day notice and 20 weeks of severance pay if the board fires her, according to her contract.
She started as a lawyer for the district in 1996 and began as permanent general counsel in February 2023.
