Hillsborough School District asking for court-ordered injunction to force Walton Academy closed

District asks judge to force charter school to close

The Hillsborough County School Board says it will seek an injunction against Walton Academy. FOX 13's Aaron Mesmer reports.

TAMPA, Fla. - A legal fight is escalating between the Hillsborough County School District and Walton Academy for the Performing Arts, which continued to operate on Thursday despite a unanimous school board vote ordering its immediate closure.

The backstory:

Hillsborough Schools Superintendent Van Ayres had recommended the school’s closure after what he described as ongoing and unresolved security failures.

PREVIOUS: Hillsborough School Board votes to close Walton Academy due to safety, security concerns

Safety concerns at Walton Academy were first flagged last spring, according to the district. Officials say issues have continued to mount since then. It's why the board voted on Tuesday to terminate the charter of the school, which has served Tampa students for 21 years, and relocate its 118 students.

The small charter school with a focus on performing arts has faced scrutiny in the past over management, academic performance, and safety compliance.

What we know:

District leaders say Walton Academy poses ongoing safety threats to students and has ignored repeated warnings to fix critical issues. However, despite the district ordering its immediate closure, students arrived for a typical school day Thursday morning. 

PREVIOUS: Walton Academy remains open despite Hillsborough School Board voting to close due to security concerns

"This has been months and months, they've been told and warned," said Hillsborough County School Board member Nadia Combs. "The interior of the school, the roof falling, the [rat] droppings, the mold, that's such an unhealthy environment for our students."

In addition to those concerns, the Florida Department of Education issued a letter identifying failures in the emergency alert system, staff training, safety drills and the lack of designated "safe areas" for shelter during emergencies.

District officials say the school gate, which must remain closed during class hours, was left open twice this week. FOX 13 also noted part of the perimeter fence was missing and under repair Wednesday.

Combs also raised concerns about school finances, citing a $255,000 facilities budget and a $12,000 monthly payment to the principal’s husband, who acts as the school’s landlord.

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"Where is that money? Because we should see a beautiful facility," Combs said.

The other side:

Walton Academy’s leadership strongly disputes the district’s claims. In a statement to FOX 13, Emily R. Rodriguez, an attorney with The Arnold Law Firm representing Walton Academy, said:

"Walton Academy for the Performing Arts is deeply concerned by the actions of the Hillsborough County School Board and intends to pursue all available legal recourse. Florida law allows a charter school to remain open during the pendency of this type of appeal unless and until its Sponsor obtains an injunction. All alleged safety violations of the School were cured before the School Board's decision to terminate the School, and there is no danger to students. Accordingly, Walton Academy remains open at this time. Any attempt by the School Board to close the school before a court order has been issued is inconsistent with Florida law."

The school, which has an "F" rating, faces academic concerns as well.

"Ninety percent of the students are below level, all the way through elementary," Combs said.

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Still, some parents hope the district will reconsider its decision. Parents and grandparents dropping students off on Thursday said they’re relieved the school reopened and are hopeful the situation can still be resolved.

"We have fall festival coming up, a skate night, Christmas festivities we promised the kids," said Ozzie Rubin, a grandparent whose children also attended the small charter school. "If it’s possible, just give us a little time."

"I understand the pressing issues," said Janaja Rogers, a Walton parent and former student. "But my biggest question is what happens to kids? How would this sudden change affect their education for this school year?"

Walton Academy has not responded directly to questions from FOX 13 about the structural and financial issues cited by the board.

What's next:

The school district is seeking an emergency injunction in circuit court to prevent the school from reopening while the legal process plays out. If granted, the order would force Walton Academy to shut down immediately.

In the meantime, the district says students will be given options to attend their zoned public schools, four nearby schools or apply to other performing arts programs within the district.