S.C. Supreme Court could hear case
District claims issue is constitutional
Charleston County School District's battle with the state over seemingly conflicting charter school laws could take place in the state's Supreme Court.
The school district requested that its case against the state be heard in South Carolina's highest court because it contends the issue is a constitutional one "that is of great public importance and that it requires expedited resolution," according to court filings.
The school district's position is that Act 189, a piece of legislation that applies only to Charleston County, requires the school district to give more to charter schools than the general state law mandates. State law calls for charter schools to pay their bills with an amount of money determined by a formula, but Act 189 also requires the district to give charter schools anything it would provide to any other public school.
Previous story
District to sue state over charter school law, published 10/30/08
The school district argues that the financial impact of abiding by Act 189 "could be substantial" and that Act 189 is in violation of the state constitution, according to court papers.
Attorneys for the governor and General Assembly recently consented to the school district's jurisdictional request. The Supreme Court ultimately will decide whether to hear the case.
"I wouldn't care to speculate as to the influence that consent would have, but it does seem more likely (given the defendants' consent) that the court will hear it," said John Emerson, Charleston County School District's attorney.
The differing charter school laws has been a source of contention and friction among Charleston County School Board members for more than a year, and they agreed this past fall to move forward with a lawsuit.
The state attorney general's office issued an opinion in the fall of 2007 that contended Act 189 was valid, but some school board members say that's just an opinion.
Attorneys for the state House and Senate asked that the case stick to the constitutionality of Act 189. Michael Hitchcock, an attorney for the state Senate, said he made that request because he's not in a position to argue whether or how the law applies in certain situations. It's the responsibility of the school district, not the General Assembly, to apply the law, he said.
But Hitchcock argued the law is constitutional and said that if the court struck the law, it could be a shift from its established legal precedent. The court has given the General Assembly a wide latitude to fulfil its responsibility to provide public education, and there's a generally recognized exception to the local legislation prohibition on educational issues, Hitchcock said.
Reach Diette Courrégé at 937-5546 or dcourrege@postandcourier.com.
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Comments
postman01 (anonymous) says...
How can we ever expect actual improvement in the quality of public education when the focus is on lawsuits rather than actual education?
January 12, 2009 at 4:06 a.m. ( permalink | suggest removal )
theronce (anonymous) says...
The real battle is over power. The school districts are loathe to lose any power to anyone for any reason. The districts think that they know all there is to know that is worth knowing and fear the slippery slope. Money = power, and they hold the children hostage before the public. Oh, cry me a river. (However, I do think that the law is unconstitutional. Thank your local legislator.)
January 12, 2009 at 6:45 a.m. ( permalink | suggest removal )
firemike (anonymous) says...
How much money is being paid to the lawyers involved? Shouldn't we spend that money on the schools? I know it's a stooped point but I had to bring it up.
January 12, 2009 at 7:29 a.m. ( permalink | suggest removal )
chaseducator (anonymous) says...
CCSD seems unable to accept that others are perhaps more capable of providing excellent educational opportunities for students. Charter schools are public schools! Charter school students are public school students and deserve proper funding. They should be allowed all revenue generated by the public, as well as federal funding. School districts must learn to deal with competing in the public system. Since they have failed over the years, it seems time to allow others a try at raising student performance in out state. Some charter schools - those sponsored by the statewide district as a result of local school districts being hostile towards innovative choices and options for parents and students - do not even receive equal funding. They are funded well-below district schools, yet they are successful. Where is the lawsuit for those students to receive adequate funding? SC has had failing schools for too long. Instead of giving money to districts that have failed us - our students, our future- again and again, perhaps more funding should be given to innovative and less political programs such as charter schools. CCSD seems to think that all public money belongs to them, rather than to the students. Less CCSD control is what is needed!
January 12, 2009 at 8:55 a.m. ( permalink | suggest removal )
Coloradomom (anonymous) says...
What is a "stooped" point. People who use this avenue to express opinions really need to learn to spell!
January 12, 2009 at 11:54 a.m. ( permalink | suggest removal )
UrGatorbait (anonymous) says...
And the circus continues...
international war on education? holmes you need to go take your meds and learn to stay on topic man.
January 12, 2009 at 12:04 p.m. ( permalink | suggest removal )
postman01 (anonymous) says...
theronce, your assessment is extremely astute and 100% correct.
January 12, 2009 at 12:18 p.m. ( permalink | suggest removal )
yird (anonymous) says...
chaseducator; CCSD seems to think that all public money belongs to them, rather than to the students. Less CCSD control is what is needed!
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If you are as your user name implies, a Charleston educator, I hope you are not teaching civics.
Public money does not belong to the students or the CCSD. It is the property of the taxpayers period.
It is the responsibility of those claiming to be educators to turn out a usable product, that being in the end, a person equipped with at least rudimentary skills to survive in a dog eat dog, competitive environment.
I realize parents have shared responsibility but they are not getting paid nor are they considered "professionals".
I suspect a lot of parents aren't fit to be parents but the school system has control over the children for a good part of their lives and ought to be able to influence them enough to offset some of the home born negativity.
No matter what the problem is perceived to be the solution is always without exception, lack of funds.
What will ever be enough money and when will that elusive figure ever be disclosed?
Schools in China and India with primitive classrooms by our standards, turn out students far more capable to compete in a modern high tech setting then many of those coming out of our monuments to architectural excellence.
We spend far too much money on bricks and mortar!
January 12, 2009 at 1:29 p.m. ( permalink | suggest removal )
postman01 (anonymous) says...
Yird is absolutely right. Give me superior educators and discipline in a trailer park campus versus an "architectual monument" and I will show you far superior results every last time.
January 12, 2009 at 1:58 p.m. ( permalink | suggest removal )
firemike (anonymous) says...
I spelled stupid wrong on purpose. I guess that was a little to hybrow for you Colorado. Oh, there I go again, highbrow.
January 12, 2009 at 2:25 p.m. ( permalink | suggest removal )
theronce (anonymous) says...
I challenge anyone who has never heard of the phrase "controlled anarchy" to go to virtually any public high school in the tricounty area and observe the lunch periods (unobserved), then stand in a hall intersection when the bell rings to resume class at the end of the last lunch period.
January 12, 2009 at 3:39 p.m. ( permalink | suggest removal )
yird (anonymous) says...
theronce; Challenge declined!
By law my CWP does not afford me the right to protect myself from the savage hoards roaming freely in those halls.
January 12, 2009 at 4:14 p.m. ( permalink | suggest removal )
B_Fwank (anonymous) says...
How the hell did we become the greatest nation on earth with one room school houses?
January 12, 2009 at 6:55 p.m. ( permalink | suggest removal )
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