Frequently Asked Questions

Does Florida law allow for a School Board to have a Chairman elected directly by the voters countywide?

Florida law grants local district school boards the authority to control K-12 operations in the school district. 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. During the 2006 Legislative session, Rep. Dean Cannon, supported by Rep. Andy Gardiner, passed HB 1221, establishing 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.

How did this issue get placed on the November 2008 ballot?

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 in 2008. One year later they changed their minds and rescinded their vote, killing the proposal to let voters decide whether to add a countywide chair to the School Board.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 recently 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.

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 meetings during the summer 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. By filing suit against the taxpayers of Orange County the School Board ignored the will of over 51,000 voters who want the opportunity to elect the School Board Chairman. Instead, they chose to pursue expensive litigation against their own constituents.

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.

Just last month the court ruled against the School Board and said they lacked standing to challenge the law and kept the question on the November 2008 ballot.

Some people say adding a School Board Chairman elected countywide to the Orange County School Board will disrupt the balance of the School Board because the Chairman will have two votes, is this true?

The Elected Chairman will not have two votes – although in the event of a tie the Chairman’s side prevails. This structure is modeled after the Florida Cabinet where the Governor has the ability to break a tie in a vote of the four member cabinet. Currently no other School Boards in Florida operate with an elected Chairman as this law allows.

Who is “Let Us Vote”?
A citizen led group of individuals and businesses who want more accountability and vision for our school system. We believe an elected chairman – accountable to all voters in the county – will bring stronger leadership to our schools.