Education law expert: Language of charter schools amendment lesson in subversion
Attorney Thomas Cox represented Atlanta and DeKalb schools in the lawsuit that led to the abolition of the state-run charter schools commission. That 2011 legal victory by school systems prompted the current campaign to change the Georgia Constitution so the state can recreate the commission and go back to approving charters over the objections of local boards of education.
A public school parent, Cox is a Harvard Law School grad who specializes in education law and policy. He is a co-founder of the Atlanta “Faithful Lawyers,” an inter-faith group that has co-sponsored continuing legal education seminars at Emory Law School, addressing issues of faith and the practice of law.
In this essay, Cox takes on the language in the charter schools amendment, which, like every other constitutional amendment on the ballot, is written to be as platitudinous as possible and provide as little detail as possible.
(That’s one reason why so many tax breaks get approved by voters in Georgia. The ballot questions are written in such congenial and broad terms that voting “No” seems the moral equivalent of pushing grandma down the stairs or running over your neighbor’s pug.)
But this amendment may go further than most in its lack of detail and honesty, according to Cox.
By Thomas A. Cox
The advocates, both in and outside the General Assembly, supporting the Charter School Constitutional Amendment have expressed confidence that Georgia citizens support the creation of a new politically appointed state-level body with the power to overrule decisions of locally elected school boards and create charter schools. It is unfortunate for Georgia voters (and the democratic process) that their confidence has not extended so far as to allow the actual issue to be placed fairly and honestly before the voters on the November ballot.
The ballot question states: “Shall the Constitution of Georgia be amended to allow state or local approval of public charter schools upon the request of local communities?” This question bears virtually no resemblance to the contents of the proposed constitutional amendment itself. For at least three reasons, the ballot question is both inaccurate and misleading:
First, local school boards already have, and regularly exercise, the constitutional authority to approve local charter schools, and there are now well over 100 such locally approved schools operating in the state. The only plausible reason to have inserted the words “local approval” in the ballot measure is to confuse some voters into believing that, without this amendment, charter schools cannot be locally approved.
Second, the ballot measure’s language stating that these new charter schools can be approved “upon the request of local communities” implies that, before the state can approve a new charter school, there must be a demand by a significant segment (perhaps even a majority) of the residents of a “local community.” A reasonable voter would probably conclude that a community consists of residents of a local school district, or at least persons living in the targeted school attendance area.
Yet the actual language of the Amendment would permit the new appointed commission to conclude, in effect, that a single individual may request a charter, and thus presumably constitutes a “local community.” For example, under the Amendment, an executive of a charter management company, or a real estate developer seeking to profit from approval of a school to cater to residents of his planned gated community, could seek and obtain charter approval, even in the face of overwhelming opposition from local residents, voters and the elected local school board.
Third, the ballot measure is deceptive because of what it omits. What will constitute “state approval” of a charter under the Amendment will not be the approval of any elected state officials, the voters of the state, or even the State Department of Education. Instead, it will be the approval of a politically appointed commission, answerable and accountable to no one (except, perhaps indirectly, to the politicians who appoint them).
Apparently concerned that even this ballot measure language drafted by the General Assembly might not alone lure sufficient numbers of uninformed voters into casting “Yes” votes, the Governor (acting along with the Lieutenant Governor and Speaker of the House, who make up the Constitutional Amendment Publication Board) chose to add even more deceptive “preamble” language, which states that the Amendment “[p]rovides for improving student achievement and parental involvement through more public charter school options.”
Under Georgia law, the only purpose of a preamble is to serve as “a short title or heading” that describes to voters “the substance of the proposal.” Yet nothing in the substance of the actual Amendment requires, or even mentions, either improved student achievement or parental involvement. By placing on the ballot a preamble that fails to serve its only legitimate statutory purpose, but instead recites positively charged buzzwords (who, after all, could vote against “improving student achievement” or “parental involvement”?), the Publication Board has failed the citizens of the state and has helped subvert what should be the most open and serious of processes — asking voters to decide whether to amend our state’s constitution.
It is certainly possible that a majority of Georgia voters agrees that the constitution should be amended to grant a group of unelected political appointees the authority to overturn or ignore decisions of locally elected school boards and to approve new charter schools. Because the Amendment drafters are unwilling to put this issue squarely and honestly before the voters, we are unlikely ever to know.
–From Maureen Downey, for the AJC Get Schooled blog
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Education law expert: Language of charter schools amendment lesson in … – Atlanta Journal Constitution (blog) | Best News Feed - Daily News Magazine
October 8th, 2012
3:58 am
[...] Education law expert: Language of charter schools amendment lesson in …Atlanta Journal Constitution (blog)Attorney Thomas Cox represented Atlanta and DeKalb schools in the lawsuit that led to the abolition of the state-run charter schools commission. That 2011 legal victory by school systems prompted the current campaign to change the Georgia Constitution …and more » [...]
jd
October 8th, 2012
5:52 am
So, how does the wording of the ballot question not pre-dispose support of the amendment? And, if you accept that the question can influence a voter’s choice, why is this allowed given the AG’s recent opinion?
It stinks in Denmark!
Tired of the Twists
October 8th, 2012
6:33 am
Our “conservatives” in the State are either idiots or lying hypocrits: in 2012 they pursued higher taxes for spending, and now bigger government control.
catlady
October 8th, 2012
6:56 am
Either the language has gotten worse, or I am more sensitive to it in the last 10 years. I am to the point now that I vote NO on all of it, figuring it is being put before the voters to reward someone rich and powerful (or more so than I am).
Have any of you ever gotten an opinion ballot from the RNC? They use every code word and inflamatory saying possible: Should President Obama, and the rest of his Socialist party, be allowed to strip any gun owner of his Constitutional right to bear arms anywhere he wishes, sending the US into chaos, anarchy, and h3ll? (I admit this is a paraphrase, and a bit of an exaggeration, but not much)
It is almost funny, if it were not so scary, to see how my neighbors froth at the mouth and use this “question” to”prove” that those things are happening!
S Fulton mom
October 8th, 2012
7:02 am
Maureen: Tell me again if you sent your own kids to a public school again? No, you did not. You didn’t have to suffer through absymal public schools like the other half does.
redweather
October 8th, 2012
7:04 am
This has been going on for years. Ask any lawyer you know about the
“tort reform” constitutional amendment that we voted on back in the late 1980s or early 1990s. It stated the exact opposite of what it meant. I haven’t voted for a constitutional amendment in 25 years and I don’t plan to do anything different now or in the future. This amendment represents Georgia politics at their worst.
An Observer
October 8th, 2012
7:05 am
Time to vote No on the charter amendment. Georgians know by now they should vote No on most of the ballot questions
Maureen Downey
October 8th, 2012
7:13 am
@S. Fulton. My kids attend public schools.
Maureen
crankee-yankee
October 8th, 2012
7:20 am
Ga politics at it’s “best!”
Vote NO next month.
I do hope there will be blanket media reports on the true meaning on the amendment.
Fred in DeKalb
October 8th, 2012
7:20 am
jd asks a question that should be explored further. Given that the language in the amendments is not clear and could cause confusion, could the state be liable if a citizen sues under the grounds the amendment is ambiguous? Would the AG defend that for the state?
LarryMajor
October 8th, 2012
7:25 am
Do you want to spit in the face of democracy by permanently giving your power to a commission that is appointed by a board whose member are themselves, appointed?
Yeah, I can see why amendment supporters would want to lie about it.
crankee-yankee
October 8th, 2012
7:27 am
I do wonder if therewill be legal recourse open to opponents based on the points Atty. Cox cites. The points he makes, coupled with the AG’s public & not so public rulings, sounds like a plan is being laid.
Burroughston Broch
October 8th, 2012
7:28 am
Maureen, this author has an economic interest on one side of this issue. He is hardly objective.
Next time, please get someone objective.
crankee-yankee
October 8th, 2012
7:32 am
Burroughston Broch
October 8th, 2012
7:28 am
And the authors & supporters of the amendment do not have an economic interest in it?
If you think that, you are a fool.
Becky Sayler
October 8th, 2012
7:40 am
I like the alternate wording Thomas Cox gives: Shall the Constitution of Georgia be amended to allow “a group of unelected political appointees the authority to overturn or ignore decisions of locally elected school boards and to approve new charter schools?” There is so much misinformation out there about this amendment, I hope people read this piece.
alpharetta mom
October 8th, 2012
7:48 am
Thank heavens there is still ONE attorney in Atlanta who is now not employed by some aspect of the charter school/privatization movement. Since when does being a Republican mean you are in favor of defunding traditional public schools? Since when do vouchers, which many legislators would really prefer to any of this mess they are proposing, represent the ultimate education reform -resegregating the country along religious and ethnic lines and letting the infrastructure we as taxpayers have spent billions on, go to ruin. We will deserve our reputation as the state of really bad reality shows if this thing passes – our legislators will be gloating as “the producers.”Thank you Mr. Cox for sticking your neck out.
indigo
October 8th, 2012
8:19 am
Will science teachers in all these new charter schools tell their students that The Big Bang Theory and Evolution are “lies from the pit of hell”?
KidsFirst
October 8th, 2012
8:28 am
If you vote ‘no’, bite your tongue the next time you become frustrated with the corrupt systems in our state and want to say, “I just wish we had another option. This school isn’t working for us”. Because that’s what you’re doing. Making sure GA doesn’t take even a baby step outside the status quo. Everyone helping the superintendents of the state protect their kingdoms, pardon me, their school districts. And to listen to this Haaavaaard guy say a commission would approve a management company with no family interest in the community. Ridiculous. Backwards.
Dr. Craig Spinks/ Georgians for Educational Excellence
October 8th, 2012
8:30 am
A Harvard Law grad can’t do any better than this.
Whirled Peas
October 8th, 2012
8:33 am
The education industry is large and powerful in Georgia. It wants monopoly access to the tax money we spend on our children’s education. They want only their snouts at the trough. I am about to pay my tax property tax bill. The majority is earmarked for education. What is at issue here is the right of taxpayers to have some control over which school will receive that money. I want that control to stay with me. Those in the education industry want the control over my money. It is that simple.
Mikey D.
October 8th, 2012
8:43 am
What?! You mean that our legislative leaders are proposing an ammendment that it vague and confusing?!? Can’t be! That would be dishonest, and we know that they wouldn’t do anything dishonest, right???
Concerned
October 8th, 2012
8:53 am
Sounds like the EPA to me. A group granted overwhelming power without an ability to reign them in. This is exactly why citizens distrust the government at the state and federal levels.
Jaynie
October 8th, 2012
9:14 am
I try to do as much research as possible on issues and candidates before I vote. Oftentimes, wording for amendments, “SPLOST”, and other ballot itmes is so vague and confusing, you canot make an informed decision if you don’t research before you go to the polls. I am definitely voting NO on this amendment. There are some failing public schools, no doubt. But this amendment will not help those failing schools and will only line some political appointee’s pocket in the end.
LoganvilleGuy
October 8th, 2012
9:16 am
@S Fulton Mom:
You don’t *have* to send your kids to public schools either. You have private schools, free virtual schools, and home schooling to name a few.
Tax dollars are meant to serve the whole community. They aren’t meant to provide your child a “special” choice. It is your responsibility to pay for that.
Lynn43
October 8th, 2012
9:46 am
Maureen, This needs to be on the front page of AJC.
NA Parent
October 8th, 2012
9:51 am
Well said, Maureen. I am horrified that this wording is allowed on the ballot. It is so intentionally misleading. This presidential election promises to have a high turnout, including many people who don’t follow local politics. I suspect the amendment will get passed due to well intentioned but uninformed voters.
Ron F.
October 8th, 2012
10:02 am
And we all know there will be those who read this “preamble” who haven’t studied the issue and will vote accordingly. They’re counting on the folks who don’t read the news much or research these questions. One has to hope that the news has gotten out enough on both sides to improve the chances of a reasonable vote on this.
crankee-yankee
October 8th, 2012
10:23 am
LoganvilleGuy
October 8th, 2012
9:16 am
I do not often agree with your positions but this is one that seems to cross the political divide, a true bi-partisan coalition can be forged here if enough people can see past their noses and join together to defeat this abomination.
Rockerbabe
October 8th, 2012
10:38 am
If a measure is backed by republicans, it must be anti-local control; VOTE NO!
lynnmang
October 8th, 2012
10:50 am
Thank you for posting this. Many of my friends and colleagues, some of whom are teachers, believe this is about whether one is for or against charter schools. Goes to show the biased, loaded language is working. Thanks for the other side!
Eddie Hall
October 8th, 2012
10:58 am
Any attempt to take votes AWAY from us and put decisions in the hands of a “commission” should be voted down on face value alone. We are giving our rights away a piece at a time. I will say this, we need reform for SOME school districts. The sad thing is, those districts continue to elect bad BOE’s, and wonder why nothing gets better.
KidsLast
October 8th, 2012
11:00 am
@KidsFirst If you think this amendment has anything to do with putting the children of this state first you are sadly mistaken. This is a about political power and money. If the politicians of this state cared about our children and schools they would not have gutted the education budget at every level over the last 5 years. They care about themselves and the money that they, their families and business associates will make off this amendment.
I live in one of the most conservative counties in the state (Columbia County). You cannot not find a self identifying liberal here. Our state legislators are all Republican our County commissioners are all Republican our Board of Education members are all Republican and I can tell you that they now (except for a few of the legislators who are in the pockets of the people who stand to make money off of this) are all opposed to it. You will not find many residents here who are for it.
Why?
Because we lose all control of our tax dollars. Let me repeat!! We lose all control of our tax dollars. How you say? Lets say the Board of Education decides based on population trends that we need to build a new High School (we just opened a new one) and starts construction of the new school. Six months before completion a private charter company decides that this would be a great location for a school in which they can make money. They go to the Board of Education and are turned down well all they have to do is pay off a few state charter school commission members and they have their money making machine right down the street from our new High School and the taxpayers of
Columbia County had no say in it what so ever. Before you start up with if your schools were better you would not need the charter school biz. We have great school here and are one of the fastest growing counties in the state. We also have one of the highest per capita incomes of any county in the state so we know that these money grubbing politicians and charter school companies are licking their chops looking at our county.
God help us that enough conservatives in this state see this amendment for what it is ( A power and money grab) and vote NO!!!!!!!
DeKalb Teacher
October 8th, 2012
11:03 am
@LoganvilleGuy,
YOU can choose between public schools, private schools, home schooling, etc … But many of us don’t have those options.
Are you saying we shouldn’t have magnet schools? Those are “special” schools.
catlady
October 8th, 2012
11:07 am
Ms. Downey, who is in charge of writing these things??
Inman Parker
October 8th, 2012
11:08 am
Well, you know, anyone can hire a lawyer.
scrappy
October 8th, 2012
11:12 am
KidsFirst – so you think that a board of commisoners appointed by politicans with no oversight and no way to ever be vetoed or be held accountable for their actions – are going to be LESS corupt than the current system?
You need to reexamine your assesment there…
HS Public Teacher
October 8th, 2012
11:24 am
Just vote “NO”.
Chicagojeff
October 8th, 2012
11:28 am
Ahh the irony is that the supporters of this amendment are funded substantially by the Walton sisters. You’d think. with the unbridled success of those arkansas schools.. THAT should be replicated. So..one party rule gets you what it gets you. If the local school systems and parents won’t do what we want.. the good ol boys in the gold dome will TELL you what you want. Meet the new boss.. same as the ol boss..
living in an outdated ed system
October 8th, 2012
12:11 pm
Distortion goes both ways, I’m afraid. The Democrats saw their tactic backfire during the primaries by changing the wording of the amendment to trigger a negative bias. Problem was that 44% of democrats did not buy it, and thus we have bi-partisan support for the amendment that is on the November ballot.
@Sandy Springs Parent
October 8th, 2012
12:46 pm
You have Bi-partisan support when the R’s geri-rigged the District’s to try to get a Republican Super Majority. Now some big name Republican Businessmen are now supporting Doug Stoner, because they know that a super majority is bad for business. I will be voting for Doug Stoner. So will many other’s he has been a bi-partisan Senator who worked with all.
BT
October 8th, 2012
12:47 pm
Smells like the TSPLOST format to me? Look what that did for the government. I agree with HS Public Teacher…vote NO!!!!
Just A Teacher
October 8th, 2012
12:57 pm
Vote No! Even the State Superintendent is against this! This type of trickery shows the Deal administration’s true colors!
Hillbilly D
October 8th, 2012
1:18 pm
Language of charter schools amendment lesson in subversion
I can’t remember an amendment to the Georgia Constitution that didn’t apply to. As always with any amendment, unless you’re 100% sure of what you are voting for and that you’re in agreement with it, vote No.
ATL SB
October 8th, 2012
1:26 pm
If you think running a school isn’t a business, you need to step into reality. I am pro-charter for personal reasons, my child struggled for 5 yrs in the public school with “minor” special needs. We are in a good school district, accolades, achievements, etc. For 5 yrs I advocated at the PS for my child what was needed to ensure he was learning with the other students. I was not a hard *** parent; I treated them with kindness and respect and very often was in tears asking for help in helping him. For those who say we should just stay and fix the existing schools; get over it. My child learned more in three subjects with a private tutor 2 hours a week over the summer than he did with the public school teachers he had; 3 YEARS IN A ROW. And I paid out of pocket for that. I also paid $1500 for testing to determine his learning disabilities after the school told me they couldn’t do it. I found out after the fact they are LEGALLY REQUIRED to do it. I was supposed to ask a second time with different wording to get this accomplished. Really?! Are you kidding me?! Who are you helping here; my son who is supposed to be entitled to the same educational experience, or the school’s bottom line? I wasn’t asking for the moon, just help in determining what he needed to succeed. This is merely one example. I am OVER it. I am not wasting another minute of his time and more importantly, his education over miles of red tape and a system that is so mired in it they can’t help themselves if they wanted to. He is flourishing where he is at; and yes; if I have to; I will put him in private school if the funding doesn’t continue for the charter. And you can also expect I will be on the bandwagon for vouchers at that point too. Because this IS a business; and the public school system has a monopoly. Options are all parents are asking for. I would prefer the voters for each county be allowed to make the choice themselves; not thru the BOE, but on its own ballot. The amendment currently being presented isn’t an ideal solution, but given what we ourselves have already been thru; I will take it. For those who say they aren’t against charter schools; just this particular amendment; I have yet to hear what your solution would be. What is the best way to serve ALL our students fairly that won’t take us another decade to achieve? Look only to the APS and how much money was spent on the testing scandal and even worse; paying the teachers who admitted cheating but hadn’t had their tribunal yet. Tell me how many legitimite teachers, programs, computers, etc were lost due to this. Then tell me again the PS can be saved… during my son’s educational career.
A simple man
October 8th, 2012
1:35 pm
Just want to say thanks…I was completely confused over this issue and I am glad someone took the time to strip away the fluff and make it more plain in its presentation so that I can make a more informed decision about this ballot. Which by the way will be NO because as they say absolute power corrupts absolutely and by the way just how does one get politically appointed to a committee. Sounds like a pretty sweet deal but I guess “A simple man” without connections or owed a favor by some political muckity muck doesn’t have a chance so why allow someone who has no vested interest in what’s best for me or my children to control what happens to one of the most aspects of their life …their education. Come to think of it why is there so much disconnect, in-fighting and back-biting on elected BOE’s which are comprised of individuals voted into position by the locals. You would think they would be looking out for the best interest of the children of those who put them in power. I guess I’ll have to look out for another article similar to this one, which will explain in simple terms why there is so much disarray in our school systems when there should be simple and singular focus which is what is best for the children and not what’s best for someone’s ego, pocket or whatever agenda they are pushing.
sneak peak into education
October 8th, 2012
1:37 pm
The article below is not directly linked to the subject matter of the misleading wording of the amendment but it discusses how charter schools gamed the system to make it look like their schools are performing at either the same level or better than their traditional counterparts; when compared school to school, the charters are failing. Just another way that the powers to be will use subversive tactics to try to fool the public. Disclaimer-this is Pennsylvania but please don’t think that this couldn’t happen in Georgia.
http://www.mcall.com/news/breaking/mc-pa-charter-tomalis-ayp-20121005,0,2267486,full.story
Shar
October 8th, 2012
2:25 pm
@KidsFirst – Your name gives you away. Yet another politically connected person who grabs the mantle of “for the children” to cover the greed and betrayal of those same children all in the name of profit.
Of course the legislators want to foist their buddies’ for-profit real estate, development, management, curriculum, food service, transportation and general procurement companies on a local public that doesn’t want them Why do you think that 96% of the money supporting this lying, thieving amendment comes from out of state corporations? The remaining 4% is primarily “voluntary” contributions from what is claimed to be “100% of Georgia’s charter schools”, money that Olens won’t allow anti-amendment public schools to spend but only under duress prohibited from charter, and therefore public, schools.
No one is voting against charter schools with this amendment, so your bitter comments about “the corrupt systems in our state” are plainly the sponsors’ talking points, all untrue. Local boards, local parent groups can and do petition for charter approvals, and if those are not forthcoming they can, and do, petition the EDUCATION PROFESSIONALS at the state DOE to override intransigent boards. As the letter mentions, there are over 100 charters operating in the state right now, all of which are locally promoted.
This amendment is the fruit of the repellant Chip Rogers, acting on behalf ALEC, the Koch brothers’ pet legislation machine whose avowed purpose is to bust public schools. He has pushed it ever since the legislation that he copied down, introduced and passed in the Legislature was overturned on Constitutional grounds by the state Supreme Court. He, Deal and all the other legislators with their hands firmly in the pockets of the Koches and the for-profit education industry will not brook resistance to their latest scheme to funnel public school money – currently reserved under the Constitution for local expenditures only – through their filthy hands to their cronies.
This wording is an outrage against the taxpayers and students of Georgia. Is there organized opposition to this ghastly amendment, and can the vote be challenged or nullified due to clear misrepresentation by Deal?
Shar
October 8th, 2012
2:41 pm
@ATL SB: I can understand your frustration, having had similar experiences with my learning disabled son. However, your frustrated pro-amendment vote merely guarantees that the tax dollars currently used to provide services to your son and others will be siphoned off to generate profits for grasping, corrupt “education management” companies that buy off our legislators to make the money that puts their own kids through private schools in other states.
Don’t be their dupe.
C Jae of EAV
October 8th, 2012
2:44 pm
To the esteemed Mr. Cox’s to supporting statement #1 I say that to have removed the “local approval” reference would potentially give the false representation that only State Approval of Charter institutions was being asked for, which be false representation of the intent of the admendment.
To Mr Cox’s supporting point #2, I disagree that voters by and large are confused regarding what is meant by the “upon request by local communities” reference. Under current law support by the local community is supposed to already be a significant consideration in contemplation of the merit of the charter application. Or did I miss something? This point reads like a red herring and an attempt at misdirection.
As to Mr Cox’s suppointing point #3, if the omission of what is meant by “State Approval” in his view is misleading that omission of the same with regard to “local approval” would hold equally as true IMHO. Again another red herring that distracts from the core concern that this admendment seeks to address.
In the final analysis, I believe Mr. Cox brought us nothing of substance to consider in our collective contemplation of this ballot measure. For all of his arguements, I note he indirectly offers rebuttal language to frame the ballot measure in a manner that does little to bolster the deficiencies he points to in his arguements. Instead it only parrots the ramblings of the constituancy he represents. Thus I can only conclude his purpose was not to better inform the voting public regarding the impact of the measure as it stands. Thanks for nothing Mr. Cox.
Lynn43
October 8th, 2012
2:46 pm
Just learned that charter parents are using their children to make phone calls on behalf of this amendment. These children are being prompted and have no idea what they are doing, and the parents should be ashamed.
DeKalb Inside Out
October 8th, 2012
2:49 pm
Shar,
Given the Georgia Supreme Court decision last year, I don’t think these local charter petitions can appeal to the state DOE anymore. As far as I can tell, only “State Chartered Special School” can be authorized by the state. I can’t find any “State Chartered Schools” approved since the supreme court decision.
I believe the Charter School Amendment addresses the state’s constitutional right to authorize “State Chartered Schools”.
Lynn43
October 8th, 2012
3:02 pm
The State Board of Education just last Tuesday, October 2nd, issue 3 new charters and renewed 3 charters.
Burroughston Broch
October 8th, 2012
3:14 pm
The authors and supporters of the proposed amendment are not represented in this post – just an “education law & policy expert” with a vested interest in the status quo.
Everyone seems to have a vested interest – in the money and power side.
No one represents the students who have the most skin in the game.
ATL SB
October 8th, 2012
3:28 pm
@SHAR: You missed my point; those tax dollars are NOT going to help my son or others in similar circumstances. And I’m sorry if I’m too sensitive but I take offense at being labeled a “dupe”. I make educated informed decisions and try to look at all sides. I am decidedly biased in this instance, but if I was confronted with the same situations that I have heard from concerned parents who did resort to the charter school; my stance would be the same. Provide all parents with choices for our children to ensure they receive the best education. This cannot be done by the PS anytime soon and my child’s education is too vital to wait while people bicker over where the dollar should go and who is the least corrupt.
“Corrupt education management”. I don’t paint in as broad of strokes as you do. Nor do I base my decisions on individuals who blog their opinions; not facts. I didn’t intend to try to sway anyone’s vote with my comment; but to remind them that their are sides that are not being heard and rather than denounce what is offered; come up with a viable alternative.
I’ve heard more comments here than I did in 5 yrs of attending PTA meetings. It’s a shame the people who care the most about where their dollar goes are only able to make their voices heard on a blog.
@Lynn43: Unless you have a legitimite source you wish to name citing that children are being used; to whose benefit is it for you to make inflammatory remarks?
DeKalb Inside Out
October 8th, 2012
3:35 pm
Hi Lynn
https://eboard.eboardsolutions.com/Meetings/ViewMeetingOrder.aspx?S=1262&MID=25698
Those Charters are local start-up charters approved by their local boards. The Supreme Court ruling last year and this amendment is about charter schools denied by their local boards.
Academy for Advanced Studies Charter School – Board Item
It is recommended that the State Board of Education grant a charter for Academy for Advanced Studies Charter School, a grades 9-12 start-up charter school approved by Henry Board of Education
Savannah Classical Academy Charter School – Board Item
It is recommended that the State Board of Education grant a charter for Savannah Classical Academy Charter School, a grades K-12 start-up charter school approved by Savannah-Chatham Board of Education
Please let me know if you can find “State Chartered Schools” denied by their local board and approved by the State. Thanks!
Grizz
October 8th, 2012
4:01 pm
@Burroughston Broch
I DO have a vested interest in my public schools, even though our kids are grown and gone. As a taxpayer, I want some say over the operation and funding; as a homeowner, I know that good public schools support the value of my home. I have a grandson who’ll be starting school here in a few years so I do want him to be able to receive the same quality of education as his mom did. And, most of all, I want to have a say as a voter to be able to speak with my school board representative and the entire board if I choose, not some appointed board two levels removed from direct election and who are directly accountable to no one.
Lynn43
October 8th, 2012
4:54 pm
Dekalb Do you know of any charters presented to the State Board that have been denied by the State Board and were they denied by the state? Looks as if this amendment is not needed if local and state boards are approving these schools. Why do we need a million dollar agency to oversee charter schools. If a charter petition isn’t up to par, I guess we need a million dollar agency to approve it.
Burroughston Broch
October 8th, 2012
5:04 pm
I am in a similar situation with 11 grandkids, 5 of them in the public schools now and 4 graduated. I would prefer local control as well, and I want to be able to vote on elected representatives.
BUT, it is obvious that we have a problem with the public schools in general and school boards in particular. If all of the school boards and school system executives were doing a good job, there would be zero interest in charter schools. The facvt that there is so much interest in charter schools is indicative of the level of dissatisfaction.
I have tried talking with my school board members in DeKalb and it is a total waste of time and breath. They have a different agenda and, if they were all voted out tomorrow, DeKalb voters would replace them with a similar bunch. I am at my wit’s end and am ready for a better solution. The fact that the entrenched education bureaucracy in this state is fighting so hard is proof that it’s all about money and power.
Lynn43
October 8th, 2012
5:08 pm
Should have been “denied by the local school board”. I’ve had too many disruptions during the writing of this statement.
DeKalb Inside Out
October 8th, 2012
5:26 pm
Hi Lynn.
Before the Ga Supreme Court decision, charter schools could petition the state if they were denied locally like
http://www.gacharters.org/school-directory/young-men%E2%80%99s-leadership-academy-at-kirkwood/
Now, the state no longer has the authority to approve state charter schools like this. The Supreme Court said there must be a change in the constitution for the state to do that. That’s what the Charter School Amendment is addressing.
Million dollar agency … that’s pretty expensive. How do you come up with that figure?
Please let me know if I didn’t answer your questions.
Grizz
October 8th, 2012
5:41 pm
@Burroughston Broch
Well, I’m in Gwinnett and have been for almost 40 years. I’ve worked with the teachers, adminstrators, superintendents and board for most of that time. Doesn’t mean I’ve always agreed with them, but the point was that I had access and a vote which will not be the case if this amendment passes. They will not answer to you, me or any other voter. They are given an open checkbook regarding funding so it’s no surprise that much of the funding to support this measure is coming from for-profit companies. You wanna talk about money and power? There is nothing more that these companies want than an open, publically funded checkbook with virtually no oversight. This is a bell that, once rung, will be difficult, if not impossible, to unring. And you will pay, and pay and pay…. with no recourse. I agree that there are disfunctional boards and systems. The choice is not to walk away – it is to find people like yourself who want effective governance and will work their butts off to make it happen. Find them; work together and put in place something that works best for everyone.
Truth in Moderation
October 8th, 2012
6:07 pm
Hmmmmm. Why are the pro-public school people so worried about this amendment? Could it be that years of dumbing down the populace is now coming back to bite them? Have you no confidence in the public school educated voters’ ability to see through this fraudulent amendment that would further turn the Constitution on its head? Haven’t the students been carefully instructed in protecting their personal freedoms? Have they not been taught to be critical thinkers and to question anything in print? The wording really isn’t that tricky nor any worse than all other proposed amendments. Hint: Just read the first phrase, “Shall the Constitution be amended…” and it is clear that the answer should be “no.”
There is only one exception, “Shall the Constitution be amended to overturn compulsory school attendance?” Then the vote would be a resounding YES! After all, compelling a law abiding minor to do academic work for a set number of days and hours/day, violates the 13th Amendment: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Compulsory education law also violates the First Amendment because all education has religious bias.
In summary, overturning the compulsory education law would solve all public school/charter school legal conflicts, since the schools would no longer exist.
MB
October 8th, 2012
7:11 pm
@DeKalb IO The Supreme Court decision said that the state could not take local funds to supplement state-approved charters, not that the Ga DOE could no longer approve state charters.
Current state law:
“Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds, after receiving input from the Charter Advisory Committee, that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest.”
Look at everything the commission has to do, and consider the 3% fee (on $430 million plus) and do the math on how much it will cost. Do local districts get assistance in locating outside funding? The state charters will, per this legislation.
Vote NO to Amendment 1!!
MB
October 8th, 2012
7:16 pm
And this afternoon we hear that “taxpayers” are suing Fulton and Gwinnett for trying to educate the TAXPAYERS in their districts. How much of our tax money will be spent on this lawsuit, when Fulton (at least) just posted an FAQ on the website, noting that the Board has “not made a public statement” on the amendment. Can we counter-sue that group for the legal expenses? (I, too, am about to send a good deal of money in for my property taxes, and I don’t care to see them wasted on such.)
http://www.wabe.org/post/taxpayers-sue-school-districts-alleged-use-taxpayer-funds-campaign-against-amendment
bootney farnsworth
October 8th, 2012
7:25 pm
this idiotic amendment is from the pit of hell, right alongside the brains that proposed it.
MB
October 8th, 2012
7:28 pm
“In Fulton’s case they prepared a Frequently Asked Questions, which we think is a thinly veiled anti-propaganda material…” So they’re admitting that what the pro-amendment folks are putting out is propaganda??
Here is the Fulton FAQ on HR 1162; http://portal.fultonschools.org/News_Room/Pages/QAaboutHR1162.aspx
Goldfinger
October 8th, 2012
7:32 pm
@Grizz
Glad to see you are alive and kicking! LOL!
Burroughston Broch
October 8th, 2012
8:34 pm
@ pride and joy
Amen!
So much for the new AJC that portrays both sides of the story.
Goodforkids
October 8th, 2012
8:36 pm
@Pride and joy, If you followed the blog and the paper you would know they have been posting pro and con articles from a variety of folks.
I love teaching. I hate what it is becoming...
October 8th, 2012
8:36 pm
P&J,
Can you really find ANYONE, pro or con, who honestly can say the wording of this amendment proposal is “clear and honest”? Because it is NOT! I don’t care if you are for or against the idea of the Charter Amendment, there is NO reason, other than trying to mislead folks, that the wording should be so convoluted. I have had several friends ask me whether they should vote no or yes. They ALL were clear about whether they favored the amendment or not, but the were ALL puzzled by the wording. All six of them have college degrees and professional careers. If THEY find the wording confusing, imagine what others will think!
yuzeyurbrane
October 8th, 2012
8:53 pm
And the pro forces are showing their further disdain for the general public by twisting all sorts of arms to prevent State School Superintendent Barge, local school boards and public school teachers from voicing their opposition to the proposed Amendment while at the same time telling staff of publicly funded charter schools that it is both OK and that they should express opinions and otherwise organize in support of the Amendment. So Atty. Gen. Sam Olens is threatening Barge and local school boards and teachers with criminal prosecution if they share their expert views with the public. And today, Glenn Delk, a private attorney who has represented virtually every effort to destroy the public schools that has come along, filed a lawsuit attacking the Athens local school board for opposing the Amendment. The fleas come with the dog. That says more about what is really at stake than anything. And it also shows that private polls are showing that this C-Splost con is in danger of going the way of T-Splost, something causing early signs of desperation by this corrupt crowd.
Tony
October 8th, 2012
9:04 pm
From the misleading ballot question to the utter lack of evidence of the worth of charter schools, it is clear to me there is another agenda for this strong push by our politicians for this unnecessary amendment.
Here is an essay with multiple links regarding the charade. http://www.schoolsmatter.info/2012/10/the-great-charter-charade.html?spref=tw
MB
October 8th, 2012
9:08 pm
Lest anyone believe the assertions of Pride & Joy and Burroughston Broch (another AKA for a troll, Maureen?) that the AJC doesn’t provide pro and con opinions on this amendment:
http://blogs.ajc.com/get-schooled-blog/2012/10/01/two-influental-house-members-urge-support-of-charter-amendment/
http://blogs.ajc.com/get-schooled-blog/2012/09/24/charter-school-amendment-is-the-epitome-of-small-government/
http://blogs.ajc.com/get-schooled-blog/2012/09/24/charter-school-amendment-is-the-epitome-of-small-government/
http://blogs.ajc.com/get-schooled-blog/2012/08/14/gop-house-leader-to-state-school-chief-on-charter-stand-%E2%80%9Cwere-you-lying-then-or-are-you-lying-now%E2%80%9D/
http://blogs.ajc.com/get-schooled-blog/2012/08/15/govenor-responds-to-school-chiefs-strong-opposition-to-charter-amendment-on-nov-ballot/
http://blogs.ajc.com/get-schooled-blog/2012/08/22/state-board-charter-committee-no-fireworks-but-a-few-sparks-today/
http://blogs.ajc.com/get-schooled-blog/2012/08/17/war-of-words-escalates-in-charter-school-amendment-fray-between-barge-and-gop-leadership/
Lynn43
October 8th, 2012
9:13 pm
Dekalk, I think that MB answered your questions. ATL SB, I do have proof. A friend of mine got the call. It was a child (girl), and she heard an adult prompting the child. My friend has “no dog in this fight”, and therefore, had no reason to tell an untruth.
Tony
October 8th, 2012
9:25 pm
Thanks for posting the lawsuit info. What an outrageous set of claims. According to the details in his lawsuit, they have the opinion that all of the education associations are extensions of boards of education. If that is the case, the so is ALEC an extension of the states’ legislatures.
MB
October 8th, 2012
9:50 pm
Why would this group sue Fulton, rather than Cobb or DeKalb, which are larger systems? Again, there have been no position statements by either the Board or the Super in Fulton.
Well, the cesspool is stinking even more…it looks like there may be some judge-shopping going on in this maneuver. The evidence mounts that the major (out-of-state) donors may be unhappy with news of actual critical thinking and questioning, and push-back, in the state of GA.
Seems to me that Deal has a lot to lose as well. You know it cost a pretty penny to get him to that Gwinnett Chamber of Commerce meeting to promote Amendment 1. From this piece, it seems that he should be expected to “reimburse the public treasury for any actual violations.” If the suit “cites state officials giving public speeches opposing the amendment,” then state officials giving public speeches supporting the amendment should have the same penalties, yes?
(He can pay out of pocket for the state patrol, security, staff salaries, etc., for all those meetings he attended to promote Amendment 1’s passage.)
http://www.therepublic.com/view/story/de30a3e16d2941ddb68cc02a86b2155d/GA–School-Boards-Lawsuit-1st-Ld-Writethru
MB
October 8th, 2012
9:57 pm
“Superior Court Judge Wendy Shoob has scheduled a hearing on whether to grant a preliminary injunction for Wednesday at 2 p.m. An injunction is granted in cases where a judge believes the party seeking the order has a reasonable chance to win the case.
Shoob has been involved in the charter school debate already. The state previously had a charter commission like the one contemplated under the November amendment. Opponents sued, arguing that the state constitution limits the state’s power to grant independent charters. Shoob sided with the state, ruling that the General Assembly was within its powers to create the body. The Georgia Supreme Court reversed Shoob in a 4-3 ruling.
That led Gov. Nathan Deal and others to push the amendment that voters will settle next month.”
If Judge Shoob is savvy, this will be kicked out BECAUSE they filed it in her court and Fulton School System is not guilty of politicizing the issue. If the injunction is granted, I hope it is appealed with immediacy, overturned by Friday, and a judicial investigation initiated.
MB
October 8th, 2012
10:01 pm
@Maureen, Can you investigate this lawsuit? (And maybe what a ridiculous waste of resources responding to it will entail?I hope this is on the front page – at least of the Metro section – tomorrow. (Both the opinion on the wording and the fact that a hearing has been scheduled for Wednesday.
Early voting begins on Monday (in Fulton, at least), so this issue needs to be front and center before those voters respond to the manipulative wording.
Thanks!
MB
October 8th, 2012
10:23 pm
Tony: Amen and amen! Someone the other day was saying that RESAs were exactly the same as the Grace Institute (Fulton Science pseudo-non-profit). There is definitely some visitation from alternate universes on this blog.
As you note, but others may not know, the WABE story contains a link to the actual lawsuit filed. (See my 7:16 post) Didn’t you love the part about “the Education Empire” and “requiring Defendants to distribute immediately factual material prepared by Plaintiffs?” And exactly who would determine the “facts?” And the funding to prepare and distribute the “factual material” would be from…?
Disgusting!
MB
October 8th, 2012
10:30 pm
Brane – Is there new polling data out? I am hoping people are waking up on this one and asking (GOOD) questions!
yuzeyurbrane
October 8th, 2012
11:55 pm
MB–I wish I could say there are published polls showing opposition to C-Splost but my statement was just based on deductive reasoning. We know the other side has lots more cash and is likely doing its own private polling. And their recent strong-arm tactics would not have been exerted if they thought they were coasting to victory. So, it stands to reason that something is making them take extreme anti-free speech measures. My own view is that it is what they are reading in their own private polls which probably reflect the overwhelming opinion of the blogosphere that the public is catching on to the scam and deception.
Grizz
October 9th, 2012
7:07 am
h/t to MB:
“Superior Court Judge Wendy Shoob has scheduled a hearing on whether to grant a preliminary injunction for Wednesday at 2 p.m. An injunction is granted in cases where a judge believes the party seeking the order has a reasonable chance to win the case.”
BINGO! I was in her courtroom for that trial, listened to both sides and was astounded that she could have a decision within minutes of the final argument. IMO, that was a prime example of a kangaroo court in action.
For those who might wonder why elected Republicans and/or supporters of this amendment are willing to spend monies on what appears to be a frivilous lawsuit, the answer is to change the narrative in the weeks before the election. That is, let’s not talk about the ramifications of this law, let’s talk about the possible wrongdoing of school boards and teachers, pass the law and then, months later, watch the case crumble. But, by then, the damage will already have been done.
DeKalb Inside Out
October 9th, 2012
7:27 am
MB … thanks for the data! I may not be able to get to it until Wednesday.
jw
October 9th, 2012
9:13 am
This will allow Muslims to start schools with no local voice.
Bryan Preston
October 9th, 2012
11:08 am
Follow the money: sure are a lot of lawyers and out of state corporations funding the campaign to pass Amendment 1.
http://media.ethics.ga.gov/search/Campaign/Campaign_ByContributions_RFR.aspx?NameID=17639&FilerID=NC2012000048&CDRID=68943&Name=Families%20for%20Better%20Public%20Schools%20&Year=2012&Report=75%20days%20Before%20Date%20of%20Election%20-%20Ballot%20-%2011/6/2012
Cassandra Gill
October 9th, 2012
11:56 am
Did either Downey or Cox actually read the bill? Because I just did (its very short and simple) and what he wrote was far more opaque and confusing than the actual bill itself.
http://www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1162
Why are people wanting to maintain the status quo of our current education system? Charter schools allow local communities to bypass antiquated and broken systems and regulations in order to address CURRENT needs. So you want local boards to be able to say NIMBY?
Maureen Downey
October 9th, 2012
12:07 pm
@Cassandra, Read the bill and went to all the hearings. Maureen
DeKalb Inside Out
October 9th, 2012
12:20 pm
Hey MB
Where in OCGA is that law you cited?
Any idea how Barge came up with that $430M everybody keeps throwing around?
DeKalb Inside Out
October 9th, 2012
12:56 pm
MB … one more question. The “3% fee” thing. I’m having a hard time finding out what that is. I did see where the commission ran on about $200K+ annually over the last couple of years.
Let me know if you find any documentation on the 3% fee. I’ll keep digging myself.
alpharetta mom
October 9th, 2012
1:20 pm
Dekalb – the current law is OCGA 20-2-2064.1. Note reference to yet another 9 person appointed committee – the Charter Advisory Committee. How many appointted committees do we need? There is no evidence that this will be challenged in the future. So – the voters are expected to provide charter school operators “life insurance” just in case it is challenged in the future? That is what this constitutional amendment is all about. Stinks to me. It’s all about money – Charter Schools USA has alot to invest and they want to come to Georgia (with all the millions wealthy chinese immigrants are giving them under the EB5 visa program). They’re not going to buy property unless their investment is legally rock solid. Not my problem. Let’s not sell our public schools to them!
MB
October 9th, 2012
11:20 pm
Alpha mom, Thanks for updating.
@ DeKalb I/O The 3% fee is in HB 797 20-2-2089 (b) – see line 312 http://www.legis.ga.gov/Legislation/20112012/127650.pdf
The $430 million calculation was explained originally, I believe, in Dr. Barge’s position statement on the DOE website. (Sorry, the bullies got that removed, so can’t refer you there any more. Because of course who would want actual data, right?) From what I remember, it was based on the funding of commission schools in its 1st iteration, with a (conservative, IMHO) estimate that the commission would approve seven state special charters per year as in the past.
An interesting conversation this evening with someone from rural Georgia brought up a new, disturbing possibility. If the segregation private schools decided to close and the staff and parents applied for charter status, we could be faced with “separate but equal,” take two. State funded re-segregation – unintended consequence, or part of a plan?
DeKalb Inside Out
October 10th, 2012
11:31 am
Hey MB,
I’ve been trying to spend my spare time researching the specifics of those data points. I may not be able to focus on this until next. Anyway, I keep coming back to Nancy Jester’s Charter School Referendum Facts. She’s an advocate for the amendment, but her data is usually accurate. Let me know what you think.
http://www.nancyjester.com/charterschoolreferendumfacts.aspx
The previous charter commission operated on an amount equal to 2% of state charter schools’ funding (state law caps it at 3%).
The constitutional amendment on the November ballot would provide Georgia with the same ability to authorize state charter schools that it had exercised for the previous 11 years. The Georgia Supreme Court sharply limited that ability and jeopardized it going forward in a 4-3 decision in 2011.
Amy H.
October 10th, 2012
12:56 pm
http://www1.legis.ga.gov/legis/2011_12/versions/hr1162_HR_1162_CSFA_7.htm
DeKalb Inside Out
October 10th, 2012
3:35 pm
Alpharetta Mom,
current law is OCGA 20-2-2064.1 …. thanks!
DeKalb Inside Out
October 10th, 2012
4:49 pm
MB and Mary Elizabeth,
Please correct me if I’m wrong in any of this … heavens knows I’ve gone round and round trying to figure it out …
Supporting Documents
Majority Opinion: http://scogblog.files.wordpress.com/2011/05/gwinnett-county-v-cox-majority-opinion.pdf
Nahmias’ Dissent: http://scogblog.files.wordpress.com/2011/05/gwinnett-county-v-cox-nahmias-dissent.pdf
The Ga Supreme Court majority report says the 1877 Constitution of Georgia granted local boards of education the exclusive right to establish and maintain K-12 education. The state cannot therefore establish competing State-created general k-12 schools. Nahmias talks about funding in his dissent, but the court is clear that counties have exclusive rights to establish K-12 education except in “Special Schools” like schools for the blind.
There were 8 schools in the process of being commissioned when this ruling came out, Odyssey School was one of them. Barge recommended they be approved and Deal worked out funding. Since then, no other state charter schools have been commissioned.
What are your thoughts?
concerned_parent
October 11th, 2012
7:19 am
As much as I hate any “appointed committee” with little accountability, my understanding is that the local education boards have blocked the formation of charter schools unjustly, which is why a committee at the state level is needed for appeals. Is it perfect? of course not. But as a parent who has been stuck in a bad school, I welcome as many options as possible.
Yes, there are 100 charter schools currently operating in the state, but precious few have been granted in the last few years. My children have attended both public and public-charter schools in Georgia and the charter schools tend to be better – because parents have to actually DO something to put their kids in there, it creates a more involved community. The charter schools are not allowed to discriminate on admissions, so contrary to concerns of segregation, I believe it gives under-served communities more options to escape failing schools. If you have never had to petition to have your child transferred from your home school, you cannot appreciate the degree to which we are prisoners in the system.
DeKalb Inside Out
October 12th, 2012
7:37 pm
O.C.G.A. § 20-2-2064.1 says
Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school
20-2-2064.1 was not thrown out in the 2011 decision. The 2011 decision also said
“State chartered special schools” established under the Charter Schools Act of 1998, OCGA § 20-2-2060 et seq., are not in issue in this appeal and we intimate no opinion as to their status under the 1983 Georgia Constitution.
They are just saying the 2011 majority opinion’s definition of “State chartered special schools” can’t be used in other court cases. They are not saying their definition isn’t accurate.
“State chartered special schools” have always and will always be special schools like schools for the blind. The 1877 Constitution of Georgia granted local boards of education the exclusive right to establish and maintain K-12 education.
Please let me know if I am interpreting this incorrectly. Thanks!