School board joins public school advocacy group Coalition aids districts in funding battles with charter schools

Staff Writer

By john burton

School board joins public school advocacy group
Coalition aids districts
in funding battles with charter schools

RED BANK — The Board of Education is continuing to contest the borough’s Charter School expansion plan and continues to enlist allies in the battle.

Last week the board took another step in that direction by approving a resolution to participate in the Coalition to Preserve Public Education.

"We just want to join forces with those schools, who are concerned with charter schools," said Superintendent Dr. J. Michael Rush, following the Board of Education meeting.

The Coalition to Preserve Public Education is an advocacy group to assist public school districts in their legal battles, pertaining to funding loses from charter schools, according to Lisa Kent, an attorney representing the coalition.

"We don’t oppose these educational initiatives," Kent said, referring to charter schools. "It’s really how the state is going about funding them."

The coalition is an outgrowth of a 1998 action taken by Kent, representing the Highland Park Public School District.

In 1997 and 1998 the state’s Department of Education adopted regulations, that, respectively, changed the formula for state funding for charter schools, from the originally established 90 percent of the state standard for "thorough and efficient" education, established in the 1996 Charter School Program Act, to 90 percent of the district’s program budget; and created "regions of residents," consisting of a number of contiguous districts, from which regional charter schools could be established.

Kent argued before the New Jersey Council on Local Mandates that these regulations were unconstitutional, unfounded mandates.

In May 2000, the council decided in favor of the Highland Park district, reverting back to the "thorough and efficient" model, in regards to the funding. The council, though, declined to rule on the "regions of residents" issue at that time.

Since that time, 11 New Jersey districts, including Princeton, Mercer County; Blairstown, Warren County; as well as Highland Park, Middlesex County, have joined the coalition, Kent said.

In December, the state’s commissioner of education approved the Red Bank Charter School’s charter renewal and the school’s plan to include kindergarten-through-third grades.

The district’s Board of Education has filed an appeal of that approval with the state Board of Education, as well as filing a motion with that panel to stay the expansion plans pending the appeal hearing.

The coalition, according to Kent, takes the position, that the state statute and regulations concerning charter schools are flawed, from the perspective of funding.

"The state got the law wrong," Kent said.

To illustrate her position Kent points to a state Supreme Court decision involving the Englewood district.

That decision, Kent said, while upholding the charter school statute, indicated that the state’s Commissioner of Education should consider the economic effect a charter school would have on a district’s public schools.

This is a point, which the board has been raising in its opposition to the Charter School.

"What we found in Red Bank is that they ignored that part," Kent said.

Charter schools are not required by the statute to present an economic impact analysis prior to receiving charter approval, something Kent said the coalition would like to see change.

"It’s not rocket science," she said, "corporations do it all the time."

The coalition will also be taking the position, maintained by the board, that the borough’s Charter School has created a segregated school environment in the district, Kent said.

"What we’re looking at is segregated public schools," she said. "It’s like a huge step backward."

Kent said she will be making a request to the state board this week to present an amicus curiae motion brief.

Translated from the Latin to mean "friend of the court," that motion, if accepted, would permit Kent to argue the coalition’s position on this matter to the state board.

Last week the New Jersey Education Association, the state’s largest union representing public school employees, also said it would be making the same request for the same reasons, a union spokeswoman said.

The coalition requires annual dues from its members, which are based on the number of enrolled students.

For the Red Bank district that would mean an annual fee of $2,500.

"We’re not there strictly for Red Bank," explained Kent of the advocacy role played by the coalition. "We are there to make sure other districts don’t find themselves in Red Bank’s situation."

In addition to the 11 districts, one municipality, Knowlton, Warren County, has joined its public school district in participating in the coalition, according to Sharon Krengel, the coalition’s director.

The coalition, which was incorporated for about a year, operates on two fronts, Krengel said.

There is the legal aspect, where the coalition addresses the concerns of its members. There also is the legislative end, where the coalition participates in public discussions when available on matters facing public schools, as well as lobbying for statutory changes, she said.

The charter school statute, enacted five years ago, is scheduled to be reviewed, and Krengel said she hopes the Legislature addresses some of what she sees as inadequacies.

"The established public schools bear the financial burden for charter schools without being in a position to determine if the charter school is beneficial," she said. "We do try to bring these issues to light."

David Apy, the attorney representing the borough’s Charter School, said he has not received any official notice concerning the coalition’s efforts. He said he would reserve comment until obtaining notification.

However, Apy said, the Charter School is opposing the NJEA’s motion for an amicus brief.

"We believe the issue before the state Board of Education is issue specific," Apy said. And his position is that "NJEA has not explained it has any specialized expertise," to allow for the union to present its position to the board, he said.

The state Board of Education is scheduled to meet on March 6. However, Apy said he does not believe the board will be in a position to address these issues by its March meeting.