HomeMy WebLinkAboutRES-2011-028 Resolution in Opposition to Senate Bill 8 - No Cap on Number of Charter Schools - in its Current FormRES-2011-028
ORANGE COUNTY BOARD OF COMMISSIONERS
Resolution in Opposition to Senate Bi118 - No Cap on Number
of Charter Schools - in its Current Form
Whereas, we are elected by the voters of Orange County to provide funding for, among
other critical needs, the education of the students of the Chapel Hill-Carrboro City
Schools and Orange County Schools systems; and
Whereas, as leaders of the County, we are charged with the responsibility for securing
and appropriately using funding from multiple sources including federal, state, and local
governments, as well as private donations, additional grants, and various fees; and
Whereas, both school systems have voluntarily taken affirmative action to secure funds
to provide elective programs for their students believing that these programs provide
significant benefits for their students beyond the basic education requirements; and
Whereas, the North Carolina General Assembly has provided for charter schools in
North Carolina and is currently considering Senate Bill 8 - No Cap on Number of
Charter Schools, which would expand these schools and redefine their funding; and
Whereas, Senate Bill 8 would entitle charter schools to a portion of all funds that flow
through local public school system accounts, including: donations from private entities;
reimbursement of expenses (such as activity bus fees and gymnasium rental fees); grants
that school boards took affirmative action to secure for programs that charter schools
choose not to offer (such as Head Start, More-at-Four, and Free and Reduced Lunch);
fund balances; and child nutrition funds (which include fees paid by parents and
governmental subsidies even when the charter school does not serve lunch); and
Whereas, the only funds that Senate Bill 8 would exclude from charter school
entitlement would be funds where donor specifications have provided that such funds be
accounted for in a particular way, and federal grants restricted as to use; and
Whereas, in practice, grantors and donors to public school systems restrict the use of
funds but do not specify the manner of accounting; and
Whereas, when public school systems receive grants for specific programs such as Head
Start and More at Four, the funds must be used solely for the purpose of providing those
programs; thus, any portion of these grants shared with charter schools would have to be
taken from the current operating budget of the local school system, leading to a reduction
in services and/or positions that would otherwise be provided; and
Whereas, under Senate Bill 8, charter schools may apply for and secure grants for
specific programs at their schools with no obligation to share such monies or donations
with any local school system; and
Whereas, Senate Bill 8 as proposed would result in a significant disparity of per pupil
operating funding in favor of charter schools; and
..
Whereas, Senate Bill 8 removes the minimum number of students necessary to form a
charter school, thereby potentially diverting public funds for education to small groups of
private individuals or homeschoolers, creating avoucher-type system; and
Whereas, Senate Bill 8 also provides for consideration of capital funding for charter
schools which are owned by private in-state and out-of--state corporations at a time when
local public school systems have billions of dollars of capital needs that are going unmet;
Now Therefore Be It Resolved that the Orange County Board of Commissioners
respectfully requests members of the North Carolina General Assembly to reconsider
Senate Bill 8 and make modifications that address the above concerns, specifically:
• Provide a mechanism for accounting for funds that are not appropriate to share
with charter schools.
• Allow for monies to follow the students involved, not requiring sharing of funds
when charter schools do not provide the programs involved.
• Remove the provision requiring donor specified accounting and replace it with
restrictions of use of funds as stated in the grants.
• Allow for reimbursement of funds (such as activity bus fees, facility rental fees)
to be accounted for in such a way as to not create a surcharge for charter
schools.
• Reinstate a reasonable number of minimum students necessary to form a charter
school.
• Reconsider the capital funding provision.
• Create a bill that is truly fair and equitable for all public schools and public
school students in North Carolina and is not subject to ambiguities that will
have to be resolved through years of litigation at the expense of students.
Be It Further Resolved that if the above changes prove to not be feasible, then at a
minimum the proposed legislation be revised so that traditional public schools are not
required to:
1) share in self-sustaining, fee-based programs such as child nutrition;
2) share preschool and other federal funds (such as JROTC and Free and Reduced
Lunch) with charter schools that do not provide these programs;
3) share fund balance reserves; and
4) share reimbursements (such as facility rental fees and activity bus fees) to which
charter schools have no legitimate claim.
Be It Also Resolved that if the North Carolina General Assembly approves Senate Bill 8
without the requested changes, we, the Orange County Board of Commissioners, do
respectfully request that Governor Beverly Perdue veto the legislation.
This the 15t" day of March 2011. ~-~,y-
.~! l.~X~
Bernadette Pelissier, Chair
Orange County Board of Commissioners