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Centennial Charter Schools Task Force

MINUTES OF

CENTENNIAL CHARTER SCHOOLS TASK FORCE

October 2, 1997 - 1:00 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. Evan L. Olsen        Dr. Steven Laing
                    Ms. Pat Rusk    
    
Members Excused:
    Rep. Judy Ann Buffmire    Rep. Bill Wright
    Rep. Brad King        Mr. William P. Moore
        
Staff Present:
    Mr. James L. Wilson, Associate General Counsel
    Mrs. Nedra Duzett, Secretary

Staff Excused:
    Mr. J. Wayne Lewis, Research Analyst

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 -Sen. Steele called the meeting to order at 1:05 p.m.

a.    Approval of Minutes -
    
     MOTION: Supt. Laing moved to approved the minutes of the September 11, 1997 meeting. The motion passed unanimously.

b.    Task Force Business - The task force scheduled its next meeting for Tuesday,
October 14 at 1:30 p.m.

2.     Presentation by the School Boards Association on its Perspective of Charter Schools Kent Sadler, president of the Utah School Boards Association, presented the position of the School Board Association and the School Superintendents Association on charter schools, emphasizing that Utah spends less per student than any other state in the nation while consistently attaining top ten status in student achievement. The associations believe it is critical for the legislature to continue funding public education at the highest possible level to improve opportunities for students.

    If the Legislature determines that charter school legislation is necessary in Utah, then both associations suggest the following components be part of that legislation: 1) charter schools should be chartered, governed by, and accountable to local school boards in the districts in which the schools are located; 2) charter school funding should not exceed allocations for public schools; 3) charter schools should comply with all state and federal laws which protect the health, safety, and welfare of students, prohibit discrimination, and insure access to all students; 4) charter schools should comply with state and federal laws on fiscal responsibility and accountability; 5) charter school professional staff must be certificated; 6) any waivers of laws or regulations for charter schools must also be made available to public schools; and 7) charter schools should reflect some of the same student demographics as the public schools in the same attendance area.

    Both associations believe that Charter School legislation should not include provisions which allow charter schools to be for-profit, or affiliated with sectarian, or home-based schools. Charter schools should not be authorized to charge tuition or fees, other than those which are acceptable in the public schools. Charter school legislation should not provide for tax credits or vouchers or have a negative impact on the public schools.

    The task force had a general discussion with members from the School Boards Association and the School Superintendent's Association regarding their formal position statement on charter schools.

3.    Charter School Concepts -

a.      What are the accountability measures that will move schools towards better educational opportunities?

    The task force discussed accountability measures as related to both public schools and charter schools in other states. It was noted that many states are struggling to develop standards and tests for both regular schools and charter schools. Charter schools must be able to demonstrate satisfactory academic achievement as well as meeting their own goals as set forth in the charter or contract.

b.    What financial considerations must be made if Utah were to adopt a charter school law? What fiscal impact might a school district experience?

    Mike Kjar, Legislative Fiscal Analyst, briefly reviewed the fiscal roadblocks encountered by other states in establishing and maintaining charter schools. He noted that the U.S. Department of Education's evaluation of charter schools indicated the top four concerns on establishing charter schools dealt with money issues. Those issues concerned start-up costs,

capital facilities, and transportation of students. He indicated that it would be difficult to put an exact dollar amount on the cost of charter school legislation in Utah without specific data on the number of schools that could be chartered. He also noted that the state may incur additional costs related to the number of private school and home school students who may want to take advantage of charter schools.

    c.    Is "general control and supervision" the only constitutional restraint that the task force may need to deal with?

     Mr. Wilson noted that the task force should be sensitive to the fact that under the constitution the State Board of Education must exercise general control and supervision over the state's public education system. Charter school legislation can be crafted to comply with this constitutional directive. He also noted that charter schools could not be affiliated with a religious organization as that would be a violation of both state and federal constitutional provisions.

4.    Overview of the New Zealand Model of Education - Mr. Wilson reviewed the education changes that have taken place in New Zealand over the past 30 years. The New Zealand model offers many of the same characteristics as charter schools. In contrast to the United States, New Zealand has a national education system. Its education program is funded from general income tax and consumption tax revenues and allows private schools, most of which are sectarian, to receive public funding equivalent to that given to public schools. New Zealand has moved from a bureaucratic dominated system in which only 30 percent of education funds were spent in the classroom to a site-based board of trustees which now allows for approximately 67 percent of the education dollar to be spent in the classroom.

    Mr. Wilson explained that the board of trustees is elected by the parents, has full responsibility for what happens at the school, and makes all spending decisions. Schools may also seek private donations to supplement the monies received from the national government by way of a Full Time Student Equivalent (FTE) formula. Sen. Stephenson indicated that he would like to work with staff in preparing legislation for consideration by the task force that would incorporate the concepts embodied in the New Zealand model.

5.    Potential Legislation - Sen. Steele led a discussion on whether the task force considered charter schools to be an element for positive changes in the state's public education system. The task force gave a number of opinions on the issue with general agreement that they should forge ahead in crafting legislation on charter schools.

MOTION: Ms. Pat Rusk moved that the task force make a statement that Utah can benefit from continued work in defining and utilizing some charter schools. The motion passed with all task members present voting in favor of the motion with the exception of Sen. Stephenson who voted against the motion.

    The task force discussed the concept of who should be designated as the chartering sponsor. Comments were made regarding local boards of education as sponsors with an appeals process to the State Board of Education. Others suggested that both the State Board of Education and local school boards be allowed to sponsor charter schools.

6.    Review of Previous Meetings - Time constraints did not allow the task force to deal with this issue.

7.    Adjournment - Motion: Supt. Laing moved to adjourn the meeting at 3:10 p.m.

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