Supreme Court deals blow to Charter Schools / Local BOE Comments

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Local BOE comments on Georgia Supreme Court ruling concerning charter schools this past Monday.

Brian, I feel all local Boards are having to deal with financial issues on an unprecedented scale and since Charter Schools are funded from local funds, local Boards should have the final say. Especailly if all the schools within that district are well performing schools.
I feel it underminds local Boards authority for the State to have the ability to override a decision made on behalf of all schools within that district.
Thank you for the opportunity to respond.
Kathy W. Jones

Superintendent Bryan Dorsey;
Concerning the supreme court ruling: I feel that locally elected officials should have control over local dollars.

This past Monday morning the Georgia Supreme Court dealt a blow to Commissioned Charter Schools by ruling them unconstitutional according to the Georgia State Constitution.
The lawsuit the court ruled on was brought by Gwinnett, Bulloch, Chandler, DeKalb, Atlanta, Griffin, Spalding and Henry County schools. These school districts argued that under the current Georgia Constitution which voters approved in 1983, only local BOEs’ have exclusive authority to create and maintain K-12 public education.

The constitution allows the state to create a “special” school. In 2008 the state passed the Georgia Charter School Act. This allowed the State to create the Georgia Charter School Commission. The Commission is appointed by State officials to a approve petitions for “commissioned charter schools”.

A charter school would first present its application to the local BOE. Usually the local BOE would deny the application. If the local BOE is meeting or exceeding the state requirements, why approve a charter school that would be in competition for tax dollars? If the local BOE approves a charter school it would have limited authority over the school. However, if a local BOE turns down a charter application, that same application can be presented directly to the Georgia Charter School Commission. Then it could be accepted as a “Commissioned Charter School” under the guise of a “special school.” When the state approves the Commission Charter School don’t forget the money follows the student and thus creates two local BOEs. That fact along with the argument that a “special school” is a school for the deaf, blind, etc., appear to be the basis for the Supreme Court finding it unconstitutional.

FYN asked Isaac Lassiter, Chairman, Founding Board Oakland Academy Charter School, Superintendent of Schools, Bryan Dorsey and BOE Chairperson, Kathy Jones for a statement. Mr. Lassiter’s was the only response received at time of publication.

Below is an OACS statement for publication:

“The State of Georgia Supreme Court ruling issued today only affects charter schools that apply or appeal to the Charter Schools Commission. The recent waiver request and Letter of Intent filed by the Oakland Academy Charter School was for a local start-up charter school that applied to the Gilmer BOE. While the Gilmer BOE declined to act on our waiver request for an August 2012 opening, we are still able to file a Letter of Intent for a start-up charter school under the 1998 Charter School Act with an opening in August 2013, and we will have the same opportunity to move forward toward the creation of a charter school in Cartecay.

The primary effects that the ruling has for Oakland Academy is to disallow us the opportunity to open as a charter school serving 5-counties in August 2012, and it eliminates the opportunity to appeal to the state Charter School Commission if we are denied by the Gilmer BOE based on the current ruling law. However, there is strong support for charter schools in general and school competition in both houses of the state legislature and we believe in the governor’s office as well. We believe that it is likely that the legislature will focus on amendments to existing education legislation and possibly a new law in the next session. Those changes would most likely be of benefit to the charter school and school choice movements.

When the Oakland Academy Founding Board was formed one of our first official votes was a unanimous agreement by all board members that we would move forward until the opening of the Oakland Academy Charter School. We never thought it would be easy or a road without obstacles, but we know where our destination is and will continue our efforts until we can offer the school choice that the Gilmer County wants and deserves.”

Best Regards,

Isaac Lassiter
Chairman, Founding Board
Oakland Academy Charter School

FYN was able to speak with Georgia State Senator Steve Gooch concerning this Supreme Court Ruling. See Video Below

FYN Speaks to State Senator Steve Gooch Concerning the Georgia Supreme Courts Ruling on Charter Schools from Fetch on Vimeo.

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