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Panel rules charter school funds should be based on Oct. count

By Berny Morson, Rocky Mountain News (Contact)

Published December 22, 2008 at 12:05 a.m.

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School districts must apply the same funding rules to charter schools as they do other schools, the Colorado Court of Appeals has held in a Fort Collins case.

At issue is a provision inserted by the Poudre R-1 school board in the contract that governs the Ridgeview Classical Schools, a charter school.

The provision allowed the district to reduce financial support to Ridgeview when students transfer out.

Under Colorado law, school funding is based on an annual Oct. 1 enrollment count. Schools receive the same funding for the remainder of the year, even if some students leave.

Ridgeview signed the contract, but then sued, saying school leaders agreed under duress. The alternative to signing would have been to shut the school.

A lower court said the contract was binding.

But in a unanimous ruling, a three-judge panel of the appeals court held that Ridgeview is entitled to funding based on the October count, like other schools. That system gives the school a stable revenue stream for the year, the court held.

The ruling was handed down Nov. 26, but has not been previously reported.

A spokeswoman said the school district has filed a motion for the appeals court to reconsider. She declined further comment.

If the ruling stands, the district will have to refund money taken from Ridgeview during the two years the contract was in effect, said Barry Arrington, the lawyer who represented the school. He wasn't sure how much money is owed.

Ridgeview and the Poudre school district have been feuding for years. The Colorado Board of Education came down on the side of the school in 2006.

Ridgeview consistently scores among the top schools in statewide achievement tests. The high school portion was tops in the state in 2005 and 2006.

The provision struck down by the appeals court is found at few other charter schools, said Jim Griffin of the Colorado League of Charter Schools.

morsonb@RockyMountainNews.com

Comments

  • December 22, 2008

    6:12 a.m.

    Suggest removal

    LOUIE writes:

    Both entities public and private should be treated equally in funding per student. If they take away from the charter when a kid leaves, would the public school also like the same rule applied? I'm sure many taxpayers would like to see that money returned. Public school is having difficulties accepting the fact many parents are tired of public schools for a lot of valid reasons, and choose charter schools instead. After decades of failure and excuses, another option has been given the taxpaying parent, he doesn't have to accept the only show in town and suffer. I don't support vouchers for totally private schools, but charters are still under the public school administration only they have greater latitude in teaching our children. With the recent success of West Denver Prep and KIPP, I think public school could also benifit from their competition for the per student dollar. Just about every elemenary school in my neighborhood is below standard, Godsman, Schmitt, Force, and more. West Denver Prep has the very same neighborhood statistics and children chosen by lottery, and last year posted the greatest advancement in the state showing all the excuses of decades past false. Public school should look at the West D.P. and KIPP as models, they are non-union schools where although teachers may earn less, they are out preforming their counterparts in the same neighborhoods, with the same kids who like my daughter was failing. Godsman even sent me paperwork saying my kid was gifted and she was 2 grades behind in reading, one grade in math. They even lie to the parents who like myself are involved and care. It's only natural public school would resist change, but many of us as parents have long smelled the coffee and have sought out better alternatives. Although I favor union labor, I don't blindly support anything when it becomes a major stumbling block to success, especially in education. The non-union teachers (charter) in my neighborhood is way outpreforming the unionized teachers (public) when it comes to education and the same demographics and children. Public schools don't like chartrers, but I know of two charters that are far above everything in my neighborhood even though the problems the public schools complain about are the same, except the parents were smarter not to accept the excuses. Problem comes when my daughter graduates and we have to choose a high school back in the public school system of low academic achievement, high dropout rates, and a terrible dress code, as my neighborhood high schools are as bad as the elementary schools. Shame all kids can't get a good education in America.

  • December 22, 2008

    6:39 a.m.

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    LOUIE writes:

    Please note in the last segment of the article concerning the charter school verses the public school, one by far outperforms the other, yet the public school seeks to destroy what is most benificial to the student, and cost less with non-union teachers. Is it about money or education? With this economy the selection of teachers for hire will be a lot better. Instead of a professional teacher, you'll have accomplished professional from the outside world who know what the real world will be demanding of our children. Corporate science majors, corporate accountants, corporate mathmaticians and machinists, point being they will have applied their education in the demanding corporate world, instead of fresh out of college directly to the classroom as most, if not all, are currently doing. Some teachers do have this experence, but it's very few when looking at the whole. Real world application of one's education major is as valuable as the degree itself. The applicants for teaching jobs will be a lot better now that this economy is still tanking and will be doing so for some years to come. I love competition, it makes the best rise to the top in all professions. I wish I would have went past the 8th grade, Lord knows how much more I could have accomplished. Education is America's future, don't let anything or anyone stand in your child's way to achieving the best. I was lucky to walk in the wake of some of the most successful, and brightest minds in the world of business; or I'd be super-sizing your order at the window of life.

  • December 22, 2008

    6:45 a.m.

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    LOUIE writes:

    If the last 5 sentences of the above article doesn't make you think, what will?

  • December 22, 2008

    7:22 a.m.

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    vudumom writes:

    Louie, I fear that the education system will only get worse in this country. Every election cycle we get the same old campaign lies telling us the government is going to fix education. Instead it has steadily gotten worse.
    What's the answer? Do what it takes to get your children educated. Traditional union raided schools are not the answer. It's best to try anything else but "traditionally run schools".
    I have found something that works for my kids, k12 Colorado Virtual Academy. It's working for us and we will see where it leads us.
    The school boards are doing everything they can to disrupt and deny charter schools. Some charters are working and some are not. It does give parents a option and the school boards don't like it. They want a captive, compliant audience.
    I don't even know where to start to fix schools. I do know I had to take drastic measures by homeschooling my children so I could educate them at a higher standard.
    I have one child that is and has been one full school year ahead academically since kindergaten and is now learning a curriculum catered for her. She is so happy now.
    I have a 6th grader that has been a straight A student and scored advanced on the CSAPS in all areas last year, (one of only two in her grade) and is at least one full year behind, (in some content 2-3) years behind a very strong curriculum that is provided by k12.
    I always thought it was a myth that the schools were teaching to the CSAPS. Now I realize that is exactly what they did. I couldn't at first figure out why my straight A, advanced daughter did not know or have any foundation to build on with the much more challenging curriculum in k12. What a eye opener. She has been working diligently to build a foundation and catch up to the curriculum standards. It's been challenging, frustrating and very rewarding.
    Parents need to do whatever they can and the school system needs to change drastically.
    Somehow though if we could fast forward 10-15 years I think we would still be having this conversation.

  • December 22, 2008

    8:40 a.m.

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    LOUIE writes:

    VUDUMOM, been awhile, always good to hear your opinion even though we many times stand on opposite sides of many other issues. Girl, I learned so long ago, when people stand up in numbers, things change. I understand when people protect their bread and butter and rely upon unions to do so. Unions have done a remarkable job in changing America and creating a middle class. I want to protect that, but I will not let our children be the bargaining chip. If they are unwilling to accept change that increases the quality of the product and benifits all of America, than I should let them fall upon their own sword. I have always favored union labor, I believe the American worker is entitled to the prosperity of his own welfare in exchange for his labor. But this failing system, that so directly affects the future of America, I will stand against if but one child be failed. The union may protect the people who labor, as long as the fruits of their labor remain competitive and bear a fruit the world can only envy. Otherwise, let them be dealt as an archaic albatross they have evolved into. If, as in decades past we increase the unions leverage over management, and the product becomes substandard, regardless of excuses, is it not time to rethink the benifits of a union verses the the quality of the product? Many teachers have much to offer, perhaps thier ideas are being silenced by union intrests, and inept management. The gravest consideration I think is the quality of the end product that creates the loyality of the consumer. Bennett is capable, his past accomplishments are an exemplar of his ability. The man could easily walk away and return to the upper echelons on the business world, and allow the decades of failure to continue. I pray to God he has chosen to fight. Change is necessary, excuses abundant, our children are the wager America's future rests upon in the world of education. Love you VUDUMOM, this one were pretty much on the same page, but don't worry girl, we'll square off again on some other matter I'm sure of it! God bless, Merry Holidays to you and yours!

  • December 22, 2008

    8:50 a.m.

    Suggest removal

    LOUIE writes:

    What if unions became the leader of change, instead of protectors of the status quo? It might cost them members, but wouldn't the tade off be public loyalty? I wish I'd have stuck around school instead of being criminally inclined in my youth. I too once served money, before I found honor a greater challenge!

  • December 22, 2008

    9:39 a.m.

    Suggest removal

    vudumom writes:

    Louie, I also think unions have a place in our society. My husband has been a union carpenter for 30 years. I certainly don't walk lockstep with their agenda and absolutely do not agree with the way they spend union dues. Being union has afforded us a good living and enables us to live comfortably and allow me to stay home and raise our children, which has always been our goal in life and decided upon long before we decided to start a family.
    You hit the nail on the head when said our children should not be a bargaining chip. How sad that that is exactly what they are to the teacher's union. I don't begrudge teacher's a good wage and think they should be paid alot more if they are good at what they do. However when there are so many good teacher's leaving quite a few of the remaining ones are of poor quality or are waiting it out till they can collect a pension.
    There is no way to fire a bad teacher. That is not right.
    My husband is not protected by the union. He works for a company and if he doesn't do great work, he is fired or layed off. It's as simple as that. He must produce great work or else he doesn't work, period. He only has his name and work ethic that allows him to make a good living. He does very well and has made a great name and reputation for himself.

    I'm glad you found a good school for your daughter. That is no easy task as you well know. Educating our younguns' will only succeed if we as parents are willing to work just as hard as our children. We as parents are learning everyday what it takes to get our kids educated not just schooled.

    You Louie have paid your dues and then some. Not an easy task to go down the wrong road and turn around a make that long walk back to the crossroads and still have to choose your path.

    Thanks for the holiday greetings. I hope you and your family a wonderful holiday. Take Care.

  • December 22, 2008

    3:52 p.m.

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    mmannino writes:

    The state should have a uniform rule for reimbursement. Currently, the rule is the enrollment count on October 1. It may be a good idea to change the rule. Whatever the rule, it must be applied uniformly. If charter schools were not controlled by local school districts, this issue would not be a problem. The local school districts generally want to eliminate charter school competition. The local school districts put many unreasonable burdens on the charter schools. In many cases, local school districts will not share bond revenue but still maintain control over the charter schools. If a local school district does not want to share bond revenue equitably, the local school district should lose authority over the charter school.

  • December 24, 2008

    12:29 p.m.

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    BetterEducated writes:

    Just another case for Pat Mooney to put on his website.