A court says a charter school is a state agency

teacher in class — Teacher in classroom by Wavebreakmedia via iStock for WMNF News.

In what could be a first-of-its-kind case in Florida, an appeals court Wednesday ruled that a charter school is a “state” agency and upheld the dismissal of a lawsuit stemming from a playground accident.

The ruling by a three-judge panel of the 4th District Court of Appeal rejected arguments that Franklin Academy, a Palm Beach County charter school, should be considered a “county” agency.

The distinction is important, at least in part, because of requirements placed on lawsuits filed against state agencies.

The ruling stemmed from a November 2018 incident in which Michael Soto, a student at Franklin Academy, was injured while on a school playground, according to a lawsuit filed in Palm Beach County circuit court.

For lawsuits to move forward against state agencies, notices must be sent to the Florida Department of Financial Services within three years of the underlying incidents — a requirement that doesn’t apply to lawsuits involving county agencies.

The injured child’s father, Efrain Soto, pursued a lawsuit against Franklin Academy, but written notice was not served until March 2022, more than three years after the accident, according to Wednesday’s ruling.

A circuit judge dismissed the lawsuit, finding that the charter school is considered a state agency, and the appeals court upheld that decision.

“As a matter of first impression, we hold a charter school is a ‘state’ agency, not a ‘county’ agency, as those terms are used in (a section of state law),” said Wednesday’s ruling, written by Judge Jonathan Gerber and joined by Judges Robert Gross and Dorian Damoorgian. “Thus, … a claimant seeking to institute a negligence claim against a charter school must present the claim in writing to the charter school, and to the state’s Department of Financial Services, within three years after such claim has accrued, and obtain the Department of Financial Services’ or the charter school’s denial of such claim in writing, as a condition precedent to maintaining such action.”

The phrase “matter of first impression” indicates that the issue has not been decided previously in Florida courts.