Mississippi Parents Demand an Answer: Are Charter Schools Constitutional?
Plaintiffs say privately-run, publicly-funded, corporate institutions do not qualify as "free" schools and shouldn't get taxpayer money
Mississippi parents are challenging the public funding of charter schools on the grounds that it's not constitutional.
The Southern Poverty Law Center (SPLC), an advocacy group, filed a motion for a summary judgment this week on behalf of the parents, for a speedy answer to this question.
The only debate in the case is that of constitutionality, which makes it prime for answering, SPLC told Hinds County Chancery Judge Dewayne Thomas. The SPLC in July backed the lawsuit by several parents against Governor Phil Bryant, the Mississippi Department of Education, and the Jackson Public School District that challenged the funding of state charter schools.
Plaintiffs say that because the privately-run, publicly-funded, corporate institutions are not overseen by the state or local superintendents, they do not qualify as "free" schools and therefore shouldn't be eligible for taxpayer money. Three charter schools in Jackson are currently slated to receive $4 million in public funds this year.
According to the Jackson Free Press, about a third of that will come from taxes on property, vehicles, and equipment.
The Free Press reports:
As taxpayers in Jackson, we expect our property taxes to support public schools in Jackson," plaintiff Charles Araujo said. "I believe that in order for children to receive a quality education in Jackson public schools, Jackson public schools must have sufficient funding."The challengers say charter schools are barred from getting state money because they are not overseen by the state superintendent or a local school superintendent, and thus under previous state Supreme Court decisions, don't qualify as "free schools." The state Constitution says only "free schools" can get public money. That part of the constitution is in a section banning public money for religious schools.The plaintiffs also say a 2007 Supreme Court decision bars the transfer of property tax collections from one school district to another. Each charter school is technically set up as separate district in Mississippi, meaning the three schools now operating in Jackson are not part of that district.
Araujo, a retired social worker, said he feared that if funding continues to get redirected from public schools to charter schools, the public institutions will be forced to cut programs for gifted students, special education for students with needs, and other services like buses and counseling.
As Louisiana educator and researcher Mercedes Schneider explained in July, the state's Mississippi Parents Demand an Answer: Are Charter Schools Constitutional? | Common Dreams | Breaking News & Views for the Progressive Community: