Background Information

The Florida Constitution provides that each school district must have a school board comprised of five members or more. School board members are elected to serve four year staggered terms, in nonpartisan elections. Presently, Orange County’s district school board chair and vice chair are selected by the district school board members each year at the school board’s annual organizational meeting – not by the electorate.

Many local community leaders believe this structure does not allow one person to be accountable or responsible for an overall vision for Orange County public schools.

During the 2006 Legislative session, Rep. Dean Cannon, supported by Rep. Andy Gardiner, passed HB 1221, which established a procedure for the countywide election of a school board chair as an additional member of the school board. The question may be placed on the ballot for voter approval by either the district school board or by voter petition.

This legislation became law July 1, 2006 and the Orange County School Board took action on this new law at their August 22, 2006 meeting. According to meeting minutes, the Board approved the ballot language and set the date for the referendum election to be March 11, 2008. Unrelated to this issue, the Florida Legislature moved the Presidential Primary election from March 11, 2008 to January 26, 2008 – thus eliminating the March election. School board members at their September 25, 2007 meeting cited this and others as reasons to rescind their vote from August 2006 and kill the proposal to let voters decide whether to add a countywide chair to the School Board.

The School Board’s failure to place the issue on the ballot left concerned leaders with no choice but to launch a petition drive to place the issue on the ballot and finally give voters the opportunity to decide. A local group of businesses and supporters formed a committee, “Let Us Vote!” to raise funds for a petition drive and a subsequent campaign to place this issue on the ballot in 2008.

A broad representation of the business community including Walt Disney World, Sea World, Greater Orlando Realtors Association, Homebuilders of Metro Orlando Central Florida Hotel & Lodging Association, Mears Transportation, Embarq, The Orlando Regional Chamber of Commerce, Darden Restaraunts, and many other citizens have committed their support to a petition drive and campaign to allow the voters of Orange County to decide if they want an elected school board chairman.

It has been nearly two months since history was made in Orange County. On June 4, 2008 the Supervisor of Elections notified the Orange County School Board that “Let Us Vote” obtained over 51,000 signatures - enough to qualify for the August 2008 ballot. The final step required was for the School Board to pass a resolution placing the language on the ballot. Instead at their June 10, 2008 meeting the School Board failed to carry out this administrative duty and instead decided to file suit against “Let Us Vote” and the Supervisor of Elections. Filing suit against the taxpayers of Orange County (and wasting precious taxes in a tight budget year where they are flipping school start times to save money!) the School Board ignored the will of over 51,000 voters who want the opportunity to elect the School Board Chairman.

On July 22, 2008 the School Board, upon the advice of their attorney passed a resolution placing the question on the November ballot. In doing so they stated they will not abandon their right to pursue litigation. Additionally, members voiced their opposition to an elected chairman and vowed to campaign against the ballot question.

In August 2008, Judge Cynthia McKinnon ruled the School Board did not have standing to sue the citizens of Orange County. The ballot question will appear on the November 4, 2008 General Election ballot.