Gwinnett County Schools did not follow state charter law with its offer to fund Ivy Preparatory Academy, officials with the Georgia Charter Schools Association charged Friday.

Gwinnett Schools' offer to fund the Norcross charter school was at a lower level than other public schools receive, said Tony Roberts, CEO of the Georgia Charter Schools Association.

“The law says that you will fund them no less favorable,” Roberts said. “It's the same children. It makes no difference that they are at a charter school.”

The Gwinnett school board Thursday unanimously agreed to give Ivy Prep  a one-year contract to operate as a locally approved charter school after the its charter was voided by a state Supreme court decision.

But Ivy Prep Head of School Nina Gilbert said at a news conference Friday the school was initially offered $4,300 per student in funding when the district average is $7,549.

Gilbert said Ivy Prep will apply to become a state charter special school instead. Although that will mean less funding than the school had sought from Gwinnett, it will leave them with more freedom and autonomy, Gilbert said.

The average state and federal portion for funding Gwinnett students is $4,095, school system officials said. The average local funding is $3,263.

The school system offer of $4,368 in state and local funding per student at Ivy Prep follows charter law, spokeswoman Sloan Roach said, because the state allows other factors to be used in determining funding, such as the type of students and programs.

Roach said the district’s average funding formula includes extra money for limited-English speakers and special education students.

"The offer we made to Ivy Prep was based on state funding formulas and was made in a very real attempt to allow the school to continue its operations this coming fall," Roach said.

Roach said Gwinnett Schools' interpretation of state charter law allows the system latitude in funding charters.

State Department of Education officials said the law says funding should be equitable. "The statute said they should be treated no less favorably," said Tabitha Press, strategic development coordinator for the state's Charter Schools Division.

Press said the state has not been asked to look into the matter.

Gilbert said when she voiced concerns about the funding figure she was then offered a charter contract with a no clear funding level. The uncertainty of funding prompted her to rescind Ivy Prep's application to be a Gwinnett County charter school.

”We have been a state special charter school before and we are aware of what the funding is like,” Gilbert said.

State House Speaker pro tem Jan Jones said while state funding levels may be different, local funding “should be the same.” She questioned why Gwinnett didn’t offer the school a clear funding level.

“Saying trust me rings hollow from a board that refused to allow Ivy Prep to open its doors earlier and then sued when the state empowered parents to open the school.”

Ivy Prep is one of 16 schools whose charters were voided when the Supreme Court dismantled the Georgia Charter Schools Commission, a decision that impacted 16,500 students. Those schools have appealed to local districts and the state for charter approvals to keep their doors open.

Ivy Prep was denied in 2007 when it applied to be a Gwinnett charter school. It appealed to the state and got approval in 2008 as a state charter special school, giving it only federal and state dollars for its students. The school sought full funding from the Georgia Charter Schools Commission and was approved as one the first commission schools in June 2009.

Three months later, the Gwinnett school district sued Ivy Prep and the state, alleging that the commission was illegally opening and funding charter schools with local money. This came after the Georgia Department of Education gave part of Gwinnett's state allocation, nearly $1 million, to Ivy Prep as part of a local matching share of education dollars for students.

Meanwhile, Roach said that Gwinnett Schools would welcome Ivy Prep if they change their minds.

“Basically, the ball is in their court,” Roach said. “Our board went ahead and approved a one-year charter in a good faith effort."

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