final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Lisa S. Small, Judge; L.T. Case No.
Kunz, Boca Raton, for appellant.
Fahey and Shawntoyia N. Bernard, West Palm Beach, for
Kunz, as next friend of W.K.,  filed a complaint asserting the
School Board of Palm Beach County ("School Board")
falsified its class-size counts to conceal violating article
IX, section 1 of the Florida Constitution. After the circuit
court dismissed the complaint without prejudice, W.K.
declined to amend the complaint and appealed the court's
multiple occasions our supreme court has held the
constitutional amendment at issue (otherwise known as the
Class-Size Amendment) compelled an appropriation of funds by
the legislature, not the utilization of any specific
procedure by that branch. Because the amendment compelled
appropriation to achieve a goal, and not a method of
enforcement, it does not provide a private right of action to
enforce any specific procedure. Furthermore, such a challenge
to the procedure implemented by the legislature, and enforced
by the executive branch, is not appropriately addressed by
the judiciary. Nor is the judiciary in a position to monitor
the classroom count of each classroom in the nearly 4, 200
public schools in this state. Instead, the issue presented is
a political question best left to the legislative and
executive branch of government. As such, we affirm the
circuit court's dismissal.
student in a Palm Beach County school, filed a complaint
seeking declaratory relief based upon the assertion that,
since 2010, the School Board had "falsified" its
class-size counts to conceal violating article IX, section 1
of the Florida Constitution. In the complaint, W.K. sought:
(1) a declaration that the School Board's student-teacher
count was unconstitutional; (2) to enjoin the School Board
from using a student-teacher count that did not comply with
the Class-Size Amendment; (3) to require a re-count of all
elementary schools in the county; and (4) to require the
School Board to provide sufficient teachers to bring all
elementary classes into compliance with the Class-Size
School Board moved to dismiss, arguing the Class-Size
Amendment was not self-executing and did not confer a private
cause of action. The court held a hearing on the motion to
dismiss; however, a transcript of the hearing was not
provided. After the hearing, the court issued a written order
granting the motion to dismiss for three stated reasons.
First, the court found W.K. did not have a legal right to
pursue a private cause of action against the School Board
because the plain language of the Class-Size Amendment did
not provide for private causes of action. Second, the court
found W.K. failed to sufficiently plead a claim challenging
section 1002.13, Florida Statutes. Third, the court found
W.K. did not have a legal right to pursue "district or
county wide relief."
court's order dismissed the complaint without prejudice
and allowed W.K. twenty days to file an amended complaint.
W.K. declined to amend and, instead, filed a notice of
appeal. We subsequently relinquished jurisdiction and the
court issued a final order dismissing the complaint with
prejudice, noting that the record showed W.K. had failed to
file an amended complaint.
constitution establishes that each of the state's 67
counties constitute a school district, and that each school
district is to be governed by a school board. Art. IX, §
4, Fla. Const. Further, it is the function of the school
board to "operate, control and supervise all free public
schools within the school district." Id. In
other words, the school board is vested with exclusive
authority over the free public schools within its district,
subject only to "such infringement . . . expressly
contemplated . . . by the Florida Constitution."
Sch. Bd. of Palm Beach Cty. v. Fla. Charter Educ. Found.,
Inc., 213 So.3d 356, 360 (Fla. 4th DCA 2017).
2002, the Class-Size Amendment "add[ed] both a maximum
class size requirement and an obligation on the legislature
to fund the class size requirement to article IX, section 1,
of the Florida Constitution." Fla. Educ. Ass'n
v. Fla. Dept. of State, 48 So.3d ...