Legal Issues in Charter Schooling.As states join the growing membership in the charter school movement, school district leaders and their governing boards Noun 1. governing board - a board that manages the affairs of an institution board - a committee having supervisory powers; "the board has seven members" will wrestle with a number of legal issues. These issues should be addressed in the contractual agreement between the organization that will run the charter school and the public agency, typically the school district or the state board of education. But with chartering in its infancy, local school leaders inevitably will confront some sticky legal questions that the state law on charters may not answer. Having examined the legislation in the 11 states, as of early summer, that permit charter schools and having worked on charter school cases in Colorado, I see the following as the most likely legal issues for district leadership. Employment Issues Who employs the teachers? This issues becomes an extremely important one, especially with regard to new employees. If the contract does not clearly spell that out, the school district could end up with a teacher who attained tenure with the school district through service in the charter school even though the district had no opportunity for evaluation or review. If a school district's teachers who choose to teach in the charter school are granted leaves of absence, how long are those leaves and what will their rights be on return? Do they retain the same seniority placement on the salary schedule, and other benefits? What standards can the charter schools set for its teachers? One Colorado district recently confronted a new charter school that proposed a contract provision allowing them to deny employment or fire teachers if they have sex "outside of holy wedlock or legal matrimony MATRIMONY. See Marriage. " and specified that a "common-law marriage common-law marriage: see under husband and wife. common-law marriage Marriage that is without a civil or religious ceremony and is based on the parties' agreement to consider themselves married and usually also on their cohabitation for a period of would not be considered a legal marriage." When the ACLU ACLU: see American Civil Liberties Union. threatened a class action lawsuit class action lawsuit A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax , the charter school dropped this provision. Liability Concerns Who is the ultimate decision-maker or policy-maker? Who is the governing board, and what is the structure of the organization? If possible, insist on a corporate structure to limit liability to individuals. Does the charter school have authority to undertake debt and will the debt be a debt of the school district? Obviously, if it can be a debt of the school district, then the district needs to ensure that it alone can review and approve the debt. Can the charter school be covered by the self-insurance programs of the school district? When determining governmental immunity governmental immunity n. the doctrine from English Common Law that no governmental body can be sued unless it gives permission. This protection resulted in terrible injustices, since public hospitals, government drivers and other employees could be negligent with , is it a public body within the meaning of state statutes? Are the classroom teachers and staff considered public employees for liability and for governmental immunity purposes? Who holds the ultimate responsibility--the charter school or the school district? Michigan's Public School Academies Act was declared unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. because the school board did not have ultimate control of the charter school. The Michigan act has since been conditionally amended while the case is on appeal. Student Issues How does the school board ensure that federal and state mandates for serving students with disabilities will be implemented? How does it ensure compliance with limited English proficiency pro·fi·cien·cy n. pl. pro·fi·cien·cies The state or quality of being proficient; competence. Noun 1. proficiency - the quality of having great facility and competence requirements? How does it ensure open enrollment without discriminating dis·crim·i·nat·ing adj. 1. a. Able to recognize or draw fine distinctions; perceptive. b. Showing careful judgment or fine taste: against or limiting students with disabilities? The ability to monitor compliance with special education requirements is crucial. The liability issue in this area can be significant. One major attraction of charter schools is that the school controls its own finances. Special education is an area that already has caused problems when charter schools have shown reluctance to channel the needed resources into remedial REMEDIAL. That which affords a remedy; as, a remedial statute, or one which is made to supply some defects or abridge some superfluities of the common law. 1 131. Com. 86. The term remedial statute is also applied to those acts which give a new remedy. Esp. Pen. Act. 1. programs for special-needs students. Due Process Even if state rules and district policies are waived for the charter school, due process requirements for students remain applicable since most relate to federal standards and some to applicable case-law standard. While strict behavioral standards may well be an underlying purpose of the charter school, the school may not ignore minimal due process rights. It is still a public school. Is a student expelled from a charter school entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to be placed in a regular school classroom? Religious Issues Religion can be a particularly troublesome issue since monitoring by the local school district and the state board of education or state education agency may be limited. Although many state statutes specifically prohibit pro·hib·it tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its 1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid. 2. religious schools being chartered, that does not end the matter. Sensitivity to this issue may be heightened because the organizers of the charter school often may be from a common religious group. Where home schools can be encompassed in the charter process, this will be a major issue. Since public funds See Fund, 3. See also: Public are being used to underwrite To insure; to sell an issue of stocks and bonds or to guarantee the purchase of unsold stocks and bonds after a public issue. The word underwrite has two meanings. the school, teaching a religion is clearly prohibited pro·hib·it tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its 1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid. 2. . The district should scrutinize scru·ti·nize tr.v. scru·ti·nized, scru·ti·niz·ing, scru·ti·niz·es To examine or observe with great care; inspect critically. scru the basic curriculum that is proposed and must provide a method for monitoring it. Recently a school district in Colorado was confronted with complaints from parents that religion was being taught in the charter school. The school district's swift response to the complaint resolved he matter and the charter school sponsors agreed that teaching religion was a violation of both their charter and state and federal law. Contract Rules Remember that the contract is the charter. Even if the state law is fairly detailed in spelling out how charter schools should operate, the contract between the school district and the charter school should address these crucial issues. Resolving differences of understandings before the charter school becomes operational protects the school district and greatly reduces the time and energy in oversight that comes with any charter school. Passing the Charter School Test School district leaders should anticipate some of the issues that will test their relationship with charter schools operating in the community. Here are my suggestions: * Clarify who is in charge, who has the authority to make decisions and with whom the school district will interact. The corporate and government structure of the charter school is crucial. * Clearly spell out the mission statement, purpose, and the educational goals, objectives, and standards. This helps the school district deal with issues of innovation and accountability. * Deal up front with the term of the charter and the provision for termination or revocation The recall of some power or authority that has been granted. Revocation by the act of a party is intentional and voluntary, such as when a person cancels a Power of Attorney that he has given or a will that he has written. . * Establish minimum and maximum enrollment levels, in part to justify the charter school's existence, but mainly to create a budget and funding mechanism. The outer limits of potential costs to the school district must be clear. The timing of disbursements can be crucial, especially during the startup phase of a charter school. * Create a mechanism for an annual audit or financial review. * Delineate what services will be provided by the school district and what services will be paid by the charter school. Who pays for books, supplies, instructional materials, and transportation? * If district buildings are being used, develop a facility-use agreement as a standard lease for space, with conditions and limitations. * Require a comprehensive plan that covers student discipline, health, safety, welfare, and social services social services Noun, pl welfare services provided by local authorities or a state agency for people with particular social needs social services npl → servicios mpl sociales . * Consider how to meet the needs of students with disabilities or limited English proficiency. A charter school must guarantee these students legal rights. * Ensure access for school district representatives to review the charter school's records and data. * Specify that the teachers are employees of the charter school and not employees of the school district. * If waivers from school district policies exist, clearly state which policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental are waived, for how long, and under what circumstances. * Establish procedures for dealing with the charter school's dissolution. |
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