The school district is suing the county in order to get a tax referendum on the November ballot.
The referendum would ask voters if they support a one millage property tax increase in order to fund teacher and staff pay, and give Hillsborough a competitive edge with surrounding districts that pay their teachers more.
But the measure will not appear before voters this fall unless the court sides with the district.
At their July 17 meeting, county commissioners bucked what was supposed to be a routine process and unexpectedly voted to postpone the ballot measure to 2026 using a little-known legal maneuver.
But the school district's lawsuit asserts that the county does not have the authority to change the timing of the referendum.
Before voting to delay the millage referendum, commissioners approved 4-3 to put the county's own Community Investment Tax (CIT) back on the ballot. The school district receives a portion, which is used exclusively for capital projects. That was reduced from 25% to 5% in the new version of the tax.
District Superintendent Van Ayres said he had met with commissioners in February and March, urging them not to cut the district out of the CIT entirely.
Now, with the millage referendum hanging in the balance, Ayres called the situation "disheartening."
"We're going to take full legal action," said Ayres. "They [the county commission] cannot take away the authority of our school board as elected officials."
Commissioners opposing the millage referendum cited concerns that voters would not tax themselves twice during a time of high inflation.
Revenue from the Community Investment Tax funds a broad swath of infrastructure projects throughout the county, as well as the construction of new schools for the district.
Ayres, however, stressed that the millage the district is asking for funds an entirely separate part of the school budget for staff salaries.
At last count, the district had more than 800 staff vacancies, about 500 of which are teachers.
By preempting a vote by residents, Hillsborough student Hope Brillhart called the county's move "undemocratic."
"The county commission wants to push this to 2026, I graduate in 2026. Our students need this money now," said Brillhart.
The referendum, if approved by voters, would increase property taxes for the average home owner by an additional $281 a year, and raise a total of $177 million annually for salaries. The tax will need to be renewed every four years.
Hillsborough teacher salaries start at $47,501, at least several thousand dollars less than Pasco, Pinellas, Manatee and Sarasota county schools.
The Hillsborough school district is not the first to clash with their county's governing body over the approval of a millage referendum.
School board attorney Jim Porter referred to a similar case in Indian River County, where it was ruled the county commission did not have discretion over the date for the referendum.
Board members voted 4-3 at Tuesday's special-called meeting to pursue legal action. District officials filed the lawsuit shortly after the meeting ended.
Ayres said they've asked the court to make an expedited ruling. The referendum must be approved by Aug. 20 in order to appear on the November ballot.
Take a look at the full lawsuit here:
