Comments on: More on Charters http://mid-riffs.com/2009/11/more-on-charters/ a view from mid-America Fri, 08 Apr 2011 15:16:29 +0000 hourly 1 http://wordpress.org/?v=3.1 By: BKisida http://mid-riffs.com/2009/11/more-on-charters/comment-page-1/#comment-9999 BKisida Mon, 30 Nov 2009 20:48:21 +0000 http://mid-riffs.com/?p=1731#comment-9999 You are somewhat correct, Nell, it is sometimes necessary for the Board to interpret the law, but that interpretation must be based upon the guidance the legislature provides. Your assertion that they are to use "common sense" and "adjustments to exisiting conditions" is a looser standard than most courts would apply. In fact, it would be a constitutional violation for a legislature to delegate such broad discretionary powers to an executive branch agency. There is also a procedure which must be followed when an executive branch agency interprets the law: They must do so via a rulemaking procedure which spells out their interpretation of the law and establishes a set of rules by which the law will be executed. As we have pointed out, nothing in the ADE's rules governing charter school applicants mentions anything about innovation. As far as your comment about "country club schools," I wonder what charter schools you could possibly have in mind. A wealth of evidence shows that charter school attendees are on average less advantaged than typical public school students. If you want to see a "country club school," perhaps you should look at schools in wealthy areas, perhaps near actual country clubs. There you will find high-achieving students and quality schools that keep out disadvantaged students via residential choice. Only those wealthy enough to afford the high cost of housing in those areas are allowed to attend. You are somewhat correct, Nell, it is sometimes necessary for the Board to interpret the law, but that interpretation must be based upon the guidance the legislature provides. Your assertion that they are to use “common sense” and “adjustments to exisiting conditions” is a looser standard than most courts would apply. In fact, it would be a constitutional violation for a legislature to delegate such broad discretionary powers to an executive branch agency.
There is also a procedure which must be followed when an executive branch agency interprets the law: They must do so via a rulemaking procedure which spells out their interpretation of the law and establishes a set of rules by which the law will be executed. As we have pointed out, nothing in the ADE’s rules governing charter school applicants mentions anything about innovation.
As far as your comment about “country club schools,” I wonder what charter schools you could possibly have in mind. A wealth of evidence shows that charter school attendees are on average less advantaged than typical public school students. If you want to see a “country club school,” perhaps you should look at schools in wealthy areas, perhaps near actual country clubs. There you will find high-achieving students and quality schools that keep out disadvantaged students via residential choice. Only those wealthy enough to afford the high cost of housing in those areas are allowed to attend.

]]> By: Nell Matthews http://mid-riffs.com/2009/11/more-on-charters/comment-page-1/#comment-9384 Nell Matthews Sun, 29 Nov 2009 14:26:50 +0000 http://mid-riffs.com/?p=1731#comment-9384 The Legislature writes laws broadly expecting them to be interpreted with common sense and adjustments to existing conditions. Therefore, the School Board is the appropriate entity to decide how to apply standards such as innovation. Allowing a charter to be set up just because a charter can be set up is a waste of time and money. There must be innovation. The freedom from admin oversight and direction is the reason charters can be innovative, thus to ignore that requirement is simply to say 'OK, build a charter that can become your country club school for the arts (sports, STEM, etc.)'. The Legislature writes laws broadly expecting them to be interpreted with common sense and adjustments to existing conditions. Therefore, the School Board is the appropriate entity to decide how to apply standards such as innovation. Allowing a charter to be set up just because a charter can be set up is a waste of time and money. There must be innovation. The freedom from admin oversight and direction is the reason charters can be innovative, thus to ignore that requirement is simply to say ‘OK, build a charter that can become your country club school for the arts (sports, STEM, etc.)’.

]]> By: SBuck http://mid-riffs.com/2009/11/more-on-charters/comment-page-1/#comment-9190 SBuck Sun, 22 Nov 2009 18:53:13 +0000 http://mid-riffs.com/?p=1731#comment-9190 This line is particularly laughable: <i>Charter schools can make valuable contributions to our education system, but only if they do something better than traditional public schools.</i> But the whole question is, who decides what is better for us? Our overlords in the state bureaucracy? Or should we as parents be allowed to make that choice for our own families? This line is particularly laughable:

Charter schools can make valuable contributions to our education system, but only if they do something better than traditional public schools.

But the whole question is, who decides what is better for us? Our overlords in the state bureaucracy? Or should we as parents be allowed to make that choice for our own families?

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