
    SCHOOL BOARD OF BAY COUNTY, Florida, Appellant, v. FLORIDA STATE BOARD OF EDUCATION, Appellee.
    No. 1D07-6014.
    District Court of Appeal of Florida, First District.
    June 22, 2009.
    Franklin Harrison, and Kevin D. Obos of Harrison, Sale, McCloy, Panama City, for Appellant.
    Deborah K. Kearney, General Counsel, Department of Education, Timothy Oster-haus, Deputy Solicitor General, Office of the Attorney General, and Daniel J. Woodring of Woodring Law Firm, Tallahassee, for Appellee.
   PER CURIAM.

The School Board of Bay County challenges the constitutionality of section 1002.335, Florida Statutes (2006), alleging it violates article IX of the Florida Constitution. We hold section 1002.335 is facially unconstitutional. See Duval County Sch. Bd. v. State Bd. of Educ., 998 So.2d 641 (Fla. 1st DCA 2008).

The Final Order of the State Board of Education is hereby set aside.

HAWKES, C.J., ALLEN, and CLARK, JJ., concur.  