Wednesday, September 16, 2009

If in Doubt: Litigate

When long-time public education leaders don't like something, their best course of action is often to litigate. In Georgia, the Gwinnett County School District is suing the Georgia Charter School Commission saying it's unconstitutional.

This is the exact same strategy used in Colorado by the Boulder Valley School District who has brought litigation, lost, appealed, lost and now is appealing to the Colorado Supreme Court. Colorado's Charter School Institute is a "virtual" school district in less than nine school districts that do not have exclusive chartering authority. BVSD contends the legislature didn't have the authority to establish CSI because it violates the "local control" provision of the Colorado Constitution.

The Poudre and Westminster 50 school districts were originally part of the suit, but dropped out after receiving exclusive chartering authority from the State Board of Education. BVSD also subsequently gained exclusive chartering authority, but their legal counsel stated they'd take the second appeal on a pro bono basis.

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