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Monday, October 22, 2012

Will Georgia Choose Choice?

Shall the Constitution of Georgia be amended to allow state or local approval of public charter schools upon the request of local communities?

As November 6 draws closer and Georgians come to realization that we are not any closer to becoming a contested swing state, it's time to focus on what will matter come election day: state and local elections.  Among these local matters on the Nov. 6 ballot, the most prominent is undoubtedly the Georgia Charter Schools Amendment.

Overview

Essentially, this amendment will allow the state to create independent charter schools.  Currently, communities wishing to establish local, independent charter schools must seek approval from their local school district.  If this request is denied, however, those attempting to obtain approval for the charter school have no other options.  By passing this amendment, Georgians would allow their local communities to appeal denials of independent charter schools and obtain approval from the state, via a charter school committee.  In May, Gov. Deal signed HB 797, which outlines the creation of this committee as well as the funding and oversight of these schools.  HR 1162 is the resolution that has this amendment appearing on November's ballot.

Background

In 2008, the state legislature approved the creation of a charter school committee. During May 2011, in a 4-3 decision (summary, complete opinion), the Georgia Supreme Court ruled that these independent charter schools could not be classified as the "special schools" that the legislature is permitted to create under the state constitution.  This decision halted the efforts of the commission, which had created 16 charter schools over its three years of existence.

According to the Georgia Charter Schools Association, of Georgia's 159 counties only nine have approved local, independent charter schools.  Therefore, various groups in the state have seen the need to reinstate a similar commission and grant the state power once more to hear appeals.  Due to the 2011 court decision, a redefinition of "special schools" would be necessary.  The purpose of the Georgia Charter Schools Amendment is to redefine "special schools" in the Georgia constitution to be inclusive of these independent charter schools.  This would enable both state and local governments to create charter schools, effectively leading to more choice for Georgia's parents and students.

Implications

Will this amendment affect local education funds?

Too many opponents of the amendment continually site fears of its potential adverse effect on state funding for local schools; however, this is not the case.  As HB 797 outlines, and this memo from the Governor's office explains, local school funding will be unaffected.  In fact, these local charter schools, while receiving more per student from the state, will receive less funding per student overall.  It is also important to note that when one chooses to send their child to a charter school, their local tax dollars that go toward education will not follow them.  Stated another way, a local school district will see the same amount of revenue being spent on fewer students (i.e. the total number of students in their locality minus those that choose to attend charter school). 

But doesn't this seem like an overreach of state power?

Let's be clear, if this amendment passes, all parents, students, and taxpayers will still have one important right: choice.  In fact, we will all enjoy more of it.  Even if the opposition's fear of the amendment being a cash cow designed to line certain foreign and domestic individual's pockets is accurate, it simply will not matter if such a school cannot recruit students.  If all of the opposition's worst nightmares come true regarding this amendment, and the state brings its allegedly broad, hairy, over-sized arm crashing down into our local districts in an attempt to oppress our local governance, the schools will still only be able to exist if they garner local support in the form of attendance.

By this logic, if the opinion of the residents in an attendance zone overwhelmingly coincides with the decision of the local school district to deny a charter school, then the state's new-found authority will be moot.  However, in the event that local parents agree with the state's decision to approve a charter school and oppose their local school district cheating them out of choice, then the new school will see a long waiting list of families waiting wishfully to use their services.

Choose Competitiveness, Choose Yes

Some believe this amendment will see an unprecedented reach of state authority over a strictly local matter bringing about the collapse of Georgia's educational system.  However, the alternative is that maybe, just maybe, the members of our General Assembly see the need for choice in the education of our children in order to maintain and grow the economic competitiveness of our great state.  Personally, I'm leaning towards the latter, but that's just one Atlantan's opinion.

Various Resources


This list includes the embedded hyperlinks from above.

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