It’s a simple question.
“Shall the Constitution of Georgia be amended to allow state or local approval of public charter schools upon the request of local communities?”
But there’s been nothing simple about Amendment One, the charter schools amendment voters will consider on Tuesday.
It’s spawned an intense and often confusing political debate.
What’s all the fuss about? That depends, of course, on who’s being asked the question.
Opponents say the amendment’s passage would deal a blow both to the notion of local control of schools and to funding for traditional public schools. Georgia’s education system would become an ATM for for-profit charter school operators across the country, they say.
“Voters ought to be really concerned when we are permanently changing our state constitution,” said Sean Murphy, a 46-year old technology entrepreneur who has four children in Gwinnett County Public Schools. “It’s duplicating something we already have. We already have charter schools.”
Supporters say the state’s power to authorize charter schools would come under legal threat unless voters pass the amendment. And they say the state needs more charter schools to give parents an alternative to struggling traditional public schools.
“I’m sorry but Georgia’s professional education establishment just isn’t cutting it for a lot of kids, so we need to give parents and children as many choices as possible,” Herman Cain, the former Godfather’s Pizza chief executive officer and unsuccessful presidential candidate, said in announcing his support for the amendment. “Charter schools are a great option for families who want another public school choice.”
Before examining arguments both sides are making, here is a check on basics and background.
Charter schools are public schools that have been granted flexibility as they pursue specific education goals laid out in their charter — or contract — with either the state or the local school district where they are located.
That flexibility includes the capability to operate under a non-traditional school schedule, to be single-gender, to hire non-certified teachers or to have a specific curriculum.
Charter schools have been a part of the state’s education landscape for 17 years and there are now more than 100 charter schools operating in Georgia.
Most applications for charter schools must first be considered by the local school board. (The exceptions are applications for charter schools that would have a statewide attendance zone. Those applications are taken by the state Board of Education.)
If the local board rejects the charter application, applicants can appeal to the state board, which has the authority to overrule the local board.
Charter schools that are approved by local school boards get state, formula-based funding and they also share in the local property tax money that is divided among that district’s schools. Those that are approved by the state get the formula-based funding and additional state money set aside to help them offset the fact that they receive no local property tax money.
There used to be a third path to approval, the since-disbanded Georgia Charter Schools Commission, which had the power to approve applications. Commission approval also meant that the charter school would get local property tax money, despite the fact that the local board had rejected the school’s charter application.
Several school districts sued and in 2011, the Georgia Supreme Court ruled that the commission did not have the power to approve charter school applications. The ruling, however, left unanswered the question of whether the state board should retain the power to approve applications.
Pro-charter legislators pushed to answer that question by placing Amendment One on the ballot.
If voters approve the amendment, the commission will be re-established to consider applications.
Local school boards would remain the venue where most charter school applications are first considered.
It remains to be seen if re-establishment of the commission will lead to a proliferation of applications for charter schools with a statewide attendance zone. Opponents of the amendment not only have that fear but they also worry that charter schools coming up for renewal will seek to have their charter renewed by the state and not the local board as an avenue to the separate funding legislators set aside for state-approved charter schools.
If those twin fears come to pass, opponents argue, local boards will find their authority over K-12 education diminished.
Supporters of the amendment, however, say the state’s current education system is not working for enough Georgia students and that more charter schools is part of the answer.
About the Author
