Charter schools sue over state funding inequities

An Oklahoma charter school group is suing the state Board of Education over inequities in how charters are funded in comparison with traditional public schools.

The Oklahoma Public Charter School Association filed a lawsuit in Oklahoma County District Court this month requesting that “funding between all public schools be equalized to assure equal education opportunities.”

Traditional public schools are funded through a variety of local, state and federal sources. The state issues funding to schools through a state aid formula that considers student demographics, such as poverty, language barriers and special needs.

Charter schools are primarily funded through state aid and the OPCSA contends its member school are receiving hundreds of dollars less in stateissued per student funding than traditional public schools.

“We are looking for an equalization in funding for all public school students,” said Barry Schmelzenbach, president

of the charter association and superintendent of Harding Fine Arts Academy charter school. “Right now we have a system where one public school student is valued less than another.”

Unlike traditional public schools, charters do not receive funding from a variety of state and local taxing sources, such as property taxes, motor vehicle taxes and the state land use trust.

Schmelzenbach said there is no specific request in how the state should go about changing the funding structure, but that the Legislature has intended that all public school students — both charter students and traditional public school students — receive a relatively equal amount.

“This issue has existed for years, but we’ve been patient,” Schmelzenbach said. “At this point, failing to act would be failing to speak for the students we serve.”

The state Board of Education is expected to discuss the matter behind closed doors at a Thursday meeting.

“We look forward to the legal process resolving these claims,” state board attorney Brad Clark said in response to a request for comment.

Virtual and “brickand-mortar” charter schools serve more than 20,000 students across the state with enrollment expected to grow as more charter schools are slated to open or expand in the coming years.

Shawn Hime, executive director of the Oklahoma State School Boards Association, said he understands the tough financial situation facing all schools, but believes the funding formula is working as intended.

“I firmly believe that the state statute is being carried out as written,” said Hime, whose organization is not a party to the lawsuit but represents school boards throughout the state.

“They are funded differently, but I definitely feel like charter schools are being funded based on the way the charter school act is written.”

Both parties are scheduled to deliver oral statements during a Sept. 21 hearing.