State education groups yesterday pushed back on Gov. Bob McDonnell's initiative to loosen charter school laws, saying it is unconstitutional and would send precious education dollars to schools that are not needed in a time of drastic budget cuts.
"Simply stated, now is the wrong time for a political agenda to trump an education agenda," Virginia School Boards Association President Jeff Bain said at a news conference at the state Capitol.
"It defies logic to advocate the use of scarce dollars for charter schools that are not now needed, wanted and for which there is no money."
Bain said his group does not oppose charter schools and thinks the state's law regulating them already is the best in country.
Other groups, who advocate for charter public schools, have deemed Virginia's law among the worst in the nation.
McDonnell wants to open more charter schools in the state by shifting power to approve them from local school boards to the Virginia Board of Education, which would screen applications and have the authority to overrule local decisions.
Final approval on charter schools -- public schools that have some autonomy from state and local regulations -- currently rests with local school boards. Proponents say this contributes to Virginia's low number. The state has three charter schools, with a fourth slated to open in Richmond this year.
Under McDonnell's plan, the board of education -- made up of gubernatorial appointees -- would review charter school applications and give a pre-certification recommendation to the local school board as to whether it should be approved. The review of applications would include looking at feasibility, curriculum and financial soundness, among other things. Public dollars follow the students.
If the local school board -- generally an elected body -- denies an application, the applicant could appeal to the Board of Education for a final decision.
Kitty Boitnott, president of the Virginia Education Association, said VEA supports the review component of McDonnell's proposal but opposes what she called the "unconstitutional usurpation of the role of the local school board."
The Virginia Constitution reads: "The supervision of schools in each school division shall be vested in a school board."
Amending the constitution takes a successful vote in two General Assembly sessions with a legislative election in between. Voters then must approve the amendment in a statewide referendum.
"Does the administration want to bring the same brand of inertia to education innovation that the 'abuser fee' advocates brought to efforts to improve our highways?" Boitnott asked. "What will be the status of charter schools authorized by an unconstitutional process after the court rules?"
Contact Olympia Meola at (804) 649-6812 or omeola@timesdispatch.com.
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