AK: Can The State Force District To OK Charter?

The Fairbanks North Star Borough School Board has made some charter fans big mad, and now the courts will be involved.

FNSBSD last fall dealt with a request to open a charter school in the district, to be the Pearl Creek Steam Charter School. The board voted unanimously to deny the request. They had plenty of reasons-- 52 pages worth, in fact. Those reason included a lack of a facility plan, lack of a clear enrollment projection, a mess of a contract, no transportation plan, an inadequate instructional plan that doesn't fully address state standards, no student lunch plan, no professional development plan, an admission plan that is probably illegal, an error-filled and incomplete budget, and the fact that this would have a big financial impact on the district. FNSBSD has already been closing schools to deal with dropping enrollment and funding. "Hey, the district is financially strapped, so let's open a new building," said no responsible school board ever. The Pearl Creek proposal is to reopen one of the closed schools as a charter school.

Also, said the FNSBSD board, this school is probably going to fail. "The plans in the application do not demonstrate likelihood of success," is how the board put it. Again, 52 pages of details covering the above.

The charter crew offers an estimate of $830,000 cost to the district. The district COO says it's more like $2.8 million. Coverage of the "controversy" has been extensive, especially from reporters Patrick Gilchrist and Shyler Umphenour at KUAC and Corinne Smith at the Alaska Beacon.

But Governor Mike Dunleavy would really like to see more charters, and so would Education Commissioner Deena Bishop, and so would the Dunleavy-appointed members of the Alaska State Board of Education, which has the power to overrule local school boards.

So in April, the state board went ahead and approved the charter over the objections and explanations of the duly-elected local school board. The state board declared that, essentially, the charter board had filled out all the paperwork, and that was good enough. Took them a whole fifteen pages to say it.

Bobby Burgess, the president of the FNSBSD Board of Education, had a comment for KUAC.

“Basically, my read of the state’s decision is that, if the application is filled out in full, the contents don’t really matter, even if the plan described is impossible to execute,” Burgess said. “It kind of seems like a lower standard than we hold students to on homework assignments.”

Cue the lawyers. The district appealed the state board decision. The charter board filed a civil lawsuit with request for a preliminary injunction in state Superior Court to force the district to sign the charter and get the building re-opened and ready. Last week Superior Court Judge Kirk Schwalm in Fairbanks denied the charter's request for preliminary injunction.

Now, in the newest twist, Acting Attorney General Cori Mills has filed an emergency petition to force the district to get that school opened. Because nothing says "We do too have an adequate plan for this charter school" than insisting you can get it up and running in two months. (Mills is Acting AG because the legislature rejected Dunleavy's first choice.)

Meanwhile, Pearl Creek STEAM Charter is still announcing that it will be open in the fall on both its website and Facebook page.

There are other issues at play here. Veteran reporter and columnist Dermot Cole points out that Pearl Creek will widen the gap between the haves and the have-nots, part of a larger charter trend in Fairbanks:

I believe that nearly all of the charter schools in the Fairbanks area have tended to attract enrollment from families with higher incomes or families where the parents have the time, energy and ability to be directly involved in their children’s education...

There are far fewer economically disadvantaged students in Alaska charter schools than neighborhood schools. There are also fewer students for whom English is a second language. Most charter schools do not have bus transportation for students, school lunch programs or other features that would make them more accessible to poor families.

I’m guessing, based on what I know about Fairbanks, that most charter school families have more flexibility built into their lives, whether it’s because of economic status, help from extended family members or the sense of mission that the best parents share.

Beyond all that, Fairbanks now has the bizarre situation of a district that has tried to cut costs by closing a school now being told by the state that they must reopen the building and pay for someone else to run a school there, reversing the decision of the elected local school board. 

It's not the most extreme version of state governments usurping the power of local school boards (take Ohio, where school districts can get in legal trouble for failing to hand buildings over to charters). But it is one more literal example of how running multiple parallel school districts costs the taxpayers extra. If only choice fans were honest enough to say, "We want choice, so we are going to levy a new School Choice Tax to pay for it." Good luck, Fairbanks.