School & District Management

Colorado Districts Asking Courts to Scuttle State Chartering Board

By Erik W. Robelen — August 08, 2006 3 min read
  • Save to favorites
  • Print

Several Colorado school districts are challenging the legality of a statewide body recently established to approve charter schools.

One district filed a lawsuit in June, while two others that sued in 2005 are scheduled for a hearing in state court in Denver this fall. The lawsuits contend that the Colorado Charter School Institute violates the state constitution by usurping the authority of local districts to open and oversee schools.

“It appears to us that the [institute] goes against state law,” said Jana L. Ley, the president of the 25,000-student Poudre school district, which filed suit in state court this spring. “I would prefer that charter schools, or any kind of schools, be a part of the district and have conversations with us and let us know what is going on.”

The challenges come as the Florida School Boards Association has decided to file a similar suit in September against a new state chartering board in the Sunshine State, said the group’s executive director, Wayne Blanton.

Backers of the Colorado institute say it plays a vital role in districts that are unwelcoming toward the independent public schools.

“The Colorado Charter School Institute fills a statewide need for a chartering agency that acts independently of local school districts that are hostile to charter schools,” said a July 9 editorial in the Rocky Mountain News. “If you doubt the need, look no further than the lawsuits filed by three such hostile districts trying to shut it down.”

The Colorado legislature in 2004 approved the institute’s creation. Three other states—Florida, New Mexico, and South Carolina—passed measures this year creating such bodies, while a handful of others already have them. (“States to Let Special Boards Award Charters,” June 7, 2006.)

‘Part of the Landscape’

The Colorado institute approved two charters to operate for the 2005-06 school year, with five more set to open for the first time this fall. One of those schools will be in the Poudre district, which includes Fort Collins and some surrounding areas.

Most Colorado districts have been granted exclusive authority to approve charter schools within their borders, but Poudre is among a handful that have been denied that power by the state. The reason has to do with a limit the district had set on the establishment of new charters.

Two other school systems, the Adams County School District No. 50 and the Boulder Valley school system, have also sued the state over the statewide institute.

Jane Urschel, the associate executive director of the Colorado Association of School Boards, said her group opposed the formation of the institute, and worries about its impact on districts that lack exclusive chartering authority.

“Right now, districts have no say about the charters being placed in their districts,” she said. “School boards are quite concerned about students they feel a responsibility for.”

She added: “Our interest is in getting resolved the constitutional provision that we believe says only elected school boards can start new schools and be responsible for them legally.”

State officials declined to comment, citing the ongoing legal action.

Jim Griffin, the executive director of the Colorado League of Charter Schools, suggested that the lawsuits were consistent with a history of litigation over chartering in the state. He noted that the state was sued after passing its first charter school law in 1993, but ultimately prevailed before the state supreme court.

“The resistance to charters is just part of the landscape,” he said. “It’s all about power—power and control.”

At the same time, Mr. Griffin’s group has its own gripes with the state. It has sued the state board of education over how the board has handled the granting of exclusive chartering authority to districts.

A version of this article appeared in the August 09, 2006 edition of Education Week as Colorado Districts Asking Courts to Scuttle State Chartering Board

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
From Passive to Active Reading: Student Engagement in the Age of AI
What the research tells us about active reading and student engagement—and what it means for teaching in an AI-enabled world.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Micro-Learning, Macro Results: Reimagining Professional Learning
Rethink professional learning with 3 strategies that personalize professional learning, validate expertise, and support educator retention.
Content provided by Mira Education & Modiv EDU
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management The Best Books About Leadership These Educators Have Ever Read. What's Yours?
Critical lessons learned from books (and one TV show) about leadership.
8 min read
School & District Management Mamdani Says NYC Public Schools ‘Failed’ Nikole Hannah-Jones’ Daughter
In a recent essay, Hannah-Jones recounted her decision to enroll her daughter in a high-need school.
Cayla Bamberger, New York Daily News
•
3 min read
Journalist Nikole Hannah-Jones poses for a portrait at the headquarters of The Associated Press in New York on Dec. 10, 2021.
Journalist Nikole Hannah-Jones, shown at the headquarters of The Associated Press in New York on Dec. 10, 2021, recently wrote an essay in the Atlantic describing her selection of a high-poverty school in New York City for her daughter, and their subsequent disappointment with that experience. Hannah-Jones' piece received widespread attention, and this week Mayor Zohran Mamdani called the piece "devastating" and said it pointed to a need for improvements to the school system.
Robert Bumsted/AP
School & District Management ‘Are They Getting Distracted?’: A New Spotlight on How School Boards Vote
A national dashboard will track school boards’ voting records on contentious issues.
5 min read
A collage-style illustration of a photo of raised hands at a meeting and a grid of three smaller images overlaid on a piece grid paper, showing the patch of an ICE agent's vest, two young students holding a pride flag, and a stack of books. Clippings of ballots with "yes" and "no" boxes filled out are also placed on the grid paper.
Illustration by Emily Wright for Education Week + Getty
School & District Management The High Cost of Turnover: How Superintendent Churn Affects Classrooms
New research argues that chronic leadership stability erodes institutional knowledge and disrupts long-term initiatives.
5 min read
HOUSTON, TEXAS - OCTOBER 8: HISD Superintendent Mike Miles and Cullen Middle School Principal Erica Brame-Manuel tour Cullen Middle School, which now hosts Cullen Military Academy-the only school of its kind in Houston ISD, on Tuesday, Oct. 8, 2024 in Houston.
Houston ISD Superintendent Mike Miles and Principal Erica Brame-Manuel tour Cullen Middle School in Houston on Oct. 8, 2024. New research shows that repeated superintendent transitions often trigger ripple effects on district performance and student achievement.
Raquel Natalicchio/Houston Chronicle via Getty Images