A group of bi-partisan legislators is asking the state Supreme Court to reconsider its misguided ruling against public charter schools. Five Democrat and five Republican lawmakers signed a court brief arguing that the court’s decision “undercuts legislative authority on the organization” of the state’s schools.
They also argued that the state budget does not fund charter schools via the common school fund.
The lawmakers’ reasoning is based off of the court’s majority opinion, written by Chief Justice Barbara Madsen. The opinion states that charter schools are not “common schools” because they’re governed by appointed boards, rather than elected ones. Due to that fact, “money that is dedicated to common schools is unconstitutionally diverted to charter schools.”
The state Attorney General’s office has already asked the court to review its ruling, particularly pointing out the fact that the shocking decision “calls into question the constitutionality of a wide range of other state educational programs.” The list of the other schools and programs now threatened by the court include:
- Running Start, and its 20,000 students which is governed by appointed boards.
- Advanced Placement courses, and their 71,000 students, which are designed and controlled by the College Board, a private company.
- Online Education, with 23,000 students whose courses are governed by private companies.
- Tribal Schools, and their 1,000 students, which are governed by unelected Tribal administrators.