For it forces a local district to pay up a mandate without any offsetting finances from the state or Federal.
The idea came from a DC attorney hired by Nashville Metropolitan School System, to determine what legal option local school boards had, when they were about to be inundated by force to voucher kids into charter schools. That program fortunately died in closing hours of their legislature, but not before the nation’s top educational law attorney had been hired.
In fact he proposed, there are three ways to stop charter schools legally.
The first. it creates an “arbitrary classification” by applying itself to only a few counties. In Tennessee the new charter law opening more schools, only applies to counties with large minority populations, and therefore, those counties will be burdened with increased costs as each new charter comes in. This creates a charge which all other districts will not have to contend. The government can’t penalize one county over another, and that is exactly what this bill does. I don’t see this argument applying to Delaware due to our consistency and small size. But, Pennsylvania sure could have used this argument before it closed Philly’s schools.
The second is racial. It could be easily pointed out that public schools are being closed down in African communities, and the charter law was proposed simply so charter’s could then jump into the gap. Therefore by penalizing one race over another, one is stepping on grounds of unconstitutionality. This argument satisfactorily could be used here in Wilmington to prevent charters coming in. Our bench has judges very sympathetic to rectifying imbalances in actions taken against races. Charter Schools do hurt minorities, especially African Americans.
And the third, is the Tennessee’s constitutional requirement, that the state cannot mandate upon the counties, any action which will require more taxes to be levied upon those living there. The state must provide enough money to cover the increased portion of the cost.
Charter Schools steal students and their state money away from public schools. When a charter school opens in a district, and a student opts to leave the public school and go charter, the money follows him. But as has been discussed repeatedly most of public schools costs are fixed. It costs the same to run a school bus 3 hours picking up kids whether the bus is full or has one quarter its capacity. Therefore the charters schools by taking money away from local public school districts, and by not reimbursing the school districts for that loss, are making local school districts have to put less money towards teaching children. or assess themselves at a higher rate to make up the short fall.
This should have been brought up as the charter law was enacted. For example, It really is unfair to Christina District who has more charters switches than any other districts.
In Tennessee, it is the teacher’s union which is the strong force counterbalancing the government’s imposition of bad data called “school reform.” They know it is a poisoned apple disguised as “remove the #^%$#^$ union” reform. One has to scratch their heads and wonder where on earth the DSEA is here in Delaware and why they are silent, not calling out for help, as the noose is getting put over their heads.
DSEA? DSEA? Anyone seen the …… Oh! There you are……