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MEDIUM RARE by Jim Rarey
March 9, 2000
CHARTER SCHOOLS VS CITY GOVERNMENT
The Canton, Michigan Planning Commission has recommended against approval of the application for a charter school (K-8) by the for profit limited liability corporation, Charter Development Company. The company operates a network of twenty-two charter schools in Michigan and North Carolina under the name of National Heritage Academies. The site rejected by the Planning Commission is the second attempt by the company to locate a school in Canton. An earlier site was rejected by the city.
The same company will be constructing and operating a similar school in the City of Romulus. As in Canton, the Romulus Planning Commission, by a five to two vote (with two abstentions), recommended against approval. However the City Council dismissed the application on the grounds that city zoning requirements could not be enforced against public schools, including charter schools which are considered public schools under state law.
The action was based on a written opinion by the City Attorney who cited two 1999 court cases where Circuit Courts ruled that state law preempted local zoning ordinances. Appeals were denied by the State Appeals and Supreme Courts in one case (Flatrock), thus upholding the lower court decision.
Public school districts generally oppose charter schools because they would siphon off basic grant funds for students from the district who enrolled at charter schools.
Charter schools are subject to most of the same requirements that regular public schools must follow, although they do not provide transportation for students to and from school.
One of the claims made (in Romulus) was that charter school students score significantly higher on state MEAP tests. That claim may not endear the charter schools to some parents’ organizations who claim the MEAP tests are aimed at indoctrinating students with politically correct attitudes rather than basic skills. The Dearborn School District recently announced it was revising its science curriculum in an attempt to raise the MEAP test scores.
For whatever reason, the charter school company obviously wishes to have the endorsement of city governments, and only takes court action as a last resort.
Permission is granted to reproduce this article in its entirety.
The author is a free lance writer based in Romulus, Michigan. He is a former newspaper editor and investigative reporter, a retired customs administrator and accountant, and a student of history and the U.S. Constitution.
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