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Mercedes Schneider: Southern Poverty Law Center Sues to Block Mississippi Funding of Charter Schools

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Mercedes Schneider describes here a lawsuit filed by the Southern Poverty Law Center to block the public funding of charter schools.

SPLC cites the state constitution, which requires that all public funds go to public schools that are overseen by the local district and the state. Charter schools are overseen by neither.

Currently the state has three charter schools operating in Jackson, with another 14 set to open this fall. Eleven of the 14 will be in Jackson.

Mercedes provides an excerpt from the lawsuit:

Section 206 of the Mississippi Constitution provides that a school district’s ad valorem taxes may only be used for the district to maintain its own schools. Under the CSA, public school districts must share ad valorem revenue with charter schools that they do not control or supervise. Therefore, the local funding stream of the CSA is unconstitutional.

Section 208 of the Mississippi Constitution forbids the Legislature from appropriating money to any school that is not operating as a “free school.” A “free school” is not merely a school that charges no tuition; it must also be regulated by the State Superintendent of Education and the local school district superintendent. Charter schools– which are not under the control of the State Board of Education, the State Superintendent of Education, the Mississippi Department of Education, the local school district superintendent, or the local school district– are not “free schools.” Accordingly, the state funding provision of the CSA is unconstitutional. …

The CSA heralds a financial cataclysm for public school districts across the state. … The future is clear: as a direct result of the unconstitutional CSA funding provisions, traditional public schools will have fewer teachers, books, and educational resources.

The SPLC is right to point out the devastating financial impact that the funding of charters will have on public schools. This is a point that is always overlooked, ignored, or dismissed by corporate reformers. As long as they get what they want, they don’t care what happens to the majority of children.

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