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Centennial Charter Schools Task Force

MINUTES OF

CENTENNIAL CHARTER SCHOOLS TASK FORCE

September 11, 1997 - 2:00 p.m. - Room 405 State Capitol



Members Present:
    Sen. David H. Steele, Chair    Supt. Steven Baugh    
    Rep. Brian R. Allen, Chair    Dr. Gary Carlston
    Sen. Joseph L. Hull        Ms. Margie Coombs        
    Sen. Howard A. Stephenson    Ms. Sharlene W. Hawkes
    Rep. Judy Ann Buffmire    Dr. Steven Laing
    Rep. Brad King        Mr. William P. Moore
    Rep. Evan L. Olsen        Ms. Pat Rusk    
    Rep. Bill Wright
            
Staff Present:
    Mr. J. Wayne Lewis, Research Analyst
    Mr. James L. Wilson, Associate General Counsel
    Ms. Kaye Clark, Secretary

Note: A list of others present and copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Call to Order -Rep. Allen called the meeting to order at 2:05 p.m.

a.     Approval of Minutes - The minutes of the August 14 meeting indicated that Steven Laing was present at the meeting. The minutes were corrected to show that Mr. Laing was not in attendance.

MOTION: Mr. William Moore moved that the minutes be approved with the above correction. The motion passed unanimously.

b.    Task Force Business - The next meeting of the Task Force was set for 2:00 p.m., Thursday, October 2, in room 405 at the State Capitol.

2.    Review of Components of Charter School Law - Charter School Road Map
Mr. Jim Wilson, Legislative legal staff, reviewed the common components of charter schools from a document prepared by staff members of the Education Commission of the States (ECS) and the National Conference of State Legislatures (NCSL) entitled, "Charter School Road Map." He spoke briefly about a sampling of nationwide charter school models and their legal status. Mr. Wilson explained that all states grant exclusive powers to their charter schools and charters sponsored by local districts have the same powers as other public schools within the district, but operate independently under a non-profit corporate status. They are often required to establish standards and rules that are congruent with district regulations.

    Mr. Wilson said typical basic charter schools are public schools and are required to adhere to the following conditions: 1) no tuition; 2) non-sectarian; 3) subject to state and federal laws prohibiting discrimination; 4) comply with all state and federal health and safety laws; 5) minimum number of days of instruction; and 6) follow compulsory attendance regulations.

    Mr. Wayne Lewis, Legislative Research Analyst, referring to the same document, spoke about students attending charter schools and said that all charter schools with public school status must serve students without discrimination. He noted that some states require their charter schools to include a specific percentage of at-risk students as part of their overall student population, but pointed out that public charter schools are not permitted to establish specific admission requirements. This prohibition is included to prevent charter schools from skimming public schools for their best and brightest students.

    Mr. Lewis said charter school sponsors enter into a contract with charter school organizers who become accountable for student performance. In some states charter schools are treated as a non-profit corporations with only a few restrictions on spending. However, the typical funding arrangement is made through a WPU or other formula basis. Some states provide for start-up costs and planning grants. Facilities may consist of space in existing schools, store fronts or office buildings. Charter schools are granted freedom from district and state regulations. Schools with the greatest freedom have more accountability for student performance to their local district or state board sponsor for student performance.

    Mr. Wilson described charter requirements for teachers, including the option for certification or non-certification, as well as employment benefits, and collective bargaining. He said charter laws require an assessment component within the charter to provide for performance accountability and provisions for charter revocation due to school mismanagement.

3.    Identification of Elements Most Valued by the Task Force - Rep. Allen requested task force members to identify charter school elements they valued most. Rep. Buffmire felt that whatever proposals are agreed upon must be done within the context of current law and with the willingness of local school boards. She felt charter schools must meet the needs of local areas. Mr. Baugh asked whether or not charter school sponsorship typically was made by local or state boards of education. Mr. Wilson said that in other states both have become sponsors, and who actually does it is left to the values of the local area. Sen. Hull inquired if charter sponsorship is limited to a local or state educational organization or could an entity within the juvenile justice system become a sponsor.

    Rep. Buffmire asked about multiple sponsors and noted the flow of funding legally must go through the school board. Mr. Wilson confirmed that most funding is done through local school districts, but charter school funding could flow through the State Board of Education. Sen. Stephenson asked about local funds and if all or part of them could follow the student. Mr.

Wilson said the flow of funding depends upon the legal definition of a public school and funding does affect charter schools autonomy. Mr. Baugh and Mr. Laing were concerned that Utah constitutional provisions for its public school system would not permit the establishment of a charter school. Mr. Wilson said states with similar provisions had done it and it likely could be done in Utah.

    Rep. Allen introduced Michael Wilcox, a resident of Utah County who has lived in the Cherry Creek School District outside Denver, Colorado. Mr. Wilcox said he is an electrical engineer, and founder of the Cherry Creek Academy. He reported that, during the time his children were enrolled in the Cherry Creek Academy charter school, they experienced phenomenal increases in subject matter test scores during a one year period. He felt there is a sense of parental ownership in a charter school that does not seems to be available in a typical public school setting. He felt parents at the Cherry Creek Academy became empowered and enjoyed a substantial voice in their children's education.

    The task force prepared a list of positive and negative aspects of a charter school.

Positive Aspects of Charter Schools include:

1)    Potential to innovate
2)    Provide competition with public schools
3)    Parental choice creates an empowerment of students and their parents
4)    Performance recognition - reward teachers for what they do
5)    Enables greater opportunity for flexibility
6)    More parental involvement
7)    Viability of the school is dependent upon performance

Negative Aspects of Charter Schools include:

1)    Benefits a select group of students
2)    Loses focus on the current system
3)    Weakens public schools
4)    Diminishes funding reserves and interferes with reforms and innovations
5)    Ability to make changes in existing system is diminished
6)    Reduces ability to enable reform in the existing public system
7)    Potential risk to students who may be in schools that fail

    Sen. Stephenson spoke of an additional educational option that has developed in New Zealand. Funding is earmarked for the student and flows directly to the student's school. Every school has a parent council that determines how the money will be spent. The parent council also decides on curriculum and transportation. He requested staff look into the New Zealand model to see if there is something helpful that can be learned.

    Paula Plant, Utah PTA, reported that many parents are experiencing frustration with legislative efforts to innovate public schools. They have expressed concern with this task force promoting another education innovation when the modified centennial school idea has not been given ample opportunity to prove or disprove itself. She distributed a booklet entitled "National Standards for Parent/Family Involvement Programs."

4.    Adjournment - MOTION: Ms. Hawkes moved to adjourn the meeting at 4:15 p.m.

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