New legislation that gives state-appointed charter schools more access than ever to local education dollars has riled Decatur city school officials so much that they want an opinion from their attorney.

They may also pull out of a high-profile project with national attention in protest.

"I think we need to take a stand if it's not OK," said Decatur school board member John Ahmann, who with other members has questioned the constitutionality of the legislation, known as HB 881.

The bill, which awaits Gov. Sonny Perdue's signature, would allow a state-appointed commission to authorize a charter school's use of a school system's per-pupil funding from the state even if the local board did not approve it.

Local and state education advocates say it squashes the concept of local control, which is constitutionally granted to entities such as a school board.

"The bill clearly does an end run around local boards of education," said Herb Garrett, executive director of the Georgia School Superintendents Association. "It does raise serious constitutional concerns. We don't think it will pass judicial scrutiny."

Garrett said he has talked with representatives from a few systems that may want to pursue the matter in court. He declined to name them.

Supporters of the legislation say it promotes competition among public schools and increases accountability. Still, Decatur board members last week asked their attorney for a legal opinion on HB 881 and said they would soon meet in a work session to hear it.

They said they will also talk further about the city's application to become the state's first "charter" school system —- a plan touted by the state but which Decatur officials seem willing to scuttle.

Already, a proposal by some lawmakers to prevent the new commission from creating a charter school in a charter school system failed. However, the bill does allow extra funding for charter systems, amounting to about $100 a student. Decatur officials, at whom the change seems aimed, aren't placated.

"We are very proud of [the application]. As an educational institution, we went into this for all the right reasons," said schools Superintendent Phyllis A. Edwards, who also expressed concerns about the bill. "We're not afraid of competition, [but] you don't do it by cutting the legs out from public schools."

The issue comes as Edwards has received applications from two separate groups to open charter schools within city limits. In context of the bill, she is worried about planning and funding issues should those schools seek the commission's approval —- especially since the school system, with 2,500 students, is so small.

Board members worry, too. "I think it's no accident two charter applications are before the highest-spending district," said Ahmann of Decatur, which spends $13,388 per pupil —- well above state average.

Local school districts do not have to pass on full funding to charter schools now and can hold back dollars for administrative and other costs. Also, state funding of education as a percentage has eroded, with local taxes making up the difference. In Decatur, Edwards said, state dollars comprise only about 30 percent of the system's general fund.

However, the concept of charters —- independence coupled with accountability —- is more popular than ever.

Perdue last May signed a new state law called the Charter Systems Act that allows an entire school system such as Decatur's to operate relatively free of state control.

The measure, unique nationally, frees entire school systems, not just individual charter schools, from many standard laws and practices in exchange for demonstrable achievement. What that achievement should be would be spelled out in a contract written by the system and approved by the state.