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Florida’s First District Court of Appeals has ruled a state commission given the authority to approve charter schools is unconstitutional.

The Florida Schools of Excellence Commission was created in 2006, and was immediately challenged by several local school boards. Attorney Ron Meyer represented the School Boards in the case and successfully argued local school boards have the constitutional power to approve or deny a charter, not the state.

“When you simply set the school board aside and run over it like this commission had the potential to do, you offend the constitution and that’s what the First District Court of Appeals said,” said Meyer.

For now local school boards will have control over granting charters but the decision could be appealed to the Florida Supreme Court.