The lawsuits are flying right and left in Colorado.
Lawsuits quietly making their way through state courts could put an end to an agency that grants public school charters over the objection of local school boards.
At issue is the Colorado Charter School Institute, established by the legislature in 2004. Seven schools authorized by the institute so far will enroll an estimated 3,000 students next fall.
Local boards of education see the institute as an end-run around a portion of the Colorado Constitution they interpret as giving them authority over all publicly funded schools in their districts.
"We want to keep the decisions about educational opportunities and choices at the local level, where the taxpayers are," said Poudre school board chairwoman Jana Ley.
"The public ought to be able to come to our meetings and say, ‘Yes, we want this (charter school)’ or ‘No we don’t want this, and here’s why,’ and . . . there (are) people there who will listen to that," Ley said.
Poudre, which serves Fort Collins and surrounding areas, filed a lawsuit in June in Denver District Court claiming the Charter School Institute is unconstitutional. Boulder and Westminster brought similar suits in 2005.
The Boulder and Westminster suits have been combined and are scheduled for trial in October before Judge Joseph Meyer.
The cases are being followed even in school districts where charters have not been controversial, said Jane Urschel, the associate director of the Colorado Association of School Boards.
Charter schools, by definition, are public schools. A bunch of local residents got together and applied for the charter. As to public support for the school, it will ultimately be made manifest through that school’s performance. Ley’s problem is that these schools aren’t public enough, or public in the correct way. Needless to say, Democratic Rep. Terrence Carroll, whose legislation established the Institute, is seething at the litigation:
"This lawsuit’s clearly about a distrust and hate of charter schools by our local school districts, and that’s about as blunt as I can be," Carroll said. "It’s really a revolt against reform."
Check out the article to find out how he’s fighting back.