OKC district intervenes in charter school lawsuit
Oklahoma City Public Schools may have to cut staff, close schools and redistribute resources if a charter school group successfully sues the state for a share of the district’s local tax money, according to a court filing.
Oklahoma’s largest school district moved late Tuesday to block a possible settlement between the state Board of Education and the Oklahoma Public Charter Schools Association, which sued the state in July over funding.
The association’s member charter schools, of which 11 are sponsored by the district, are seeking a share of traditional public schools’ revenues from state and county tax collections and state school land earnings.
Oklahoma City Public Schools stands to lose $1.5 million in funding if money from two local revenue sources — county property tax and building fund levies — is shifted from traditional public schools to charters, a district official told The Oklahoman on Wednesday.
Santa Fe South Schools, a K-12 charter with multiple locations, would receive about half that amount — an additional nearly $715,000 in funding — if the district were required to distribute a proportional share of the levies, figures show.
“We felt the need to intervene because there is a possibility that, if the association’s arguments are accepted, it would have a negative financial impact on the district,” said Brandon Carey, general counsel for the district.
School board members voted to authorize the legal intervention at Monday night’s regular meeting.
“Options for families, including charters, are part of the solution for Oklahoma City’s students, and OKCPS is building strong, collaborative relationships with our charter schools,” Superintendent Aurora Lora said in a statement.
“Our board is intervening in this lawsuit because the legal question of how funding is distributed to schools is one that affects all of our students, especially in these uncertain budget times, and OKCPS should be at the table as the court considers these questions in order to protect the interests of all of its students.”
Attorneys for the school district asked a judge Tuesday to prohibit the state board from settling the case or from taking any further action in the case until the court rules on the district’s motion to intervene.
A hearing in the case is set for Nov. 3.
The motion, filed in Oklahoma County District Court, states the school district has “reason to believe that Defendant and Plaintiff have tentatively reached a settlement.”
The document stated that a settlement was going to be considered by the board at its regular meeting Thursday morning. The meeting, however, was canceled because of a lack of a quorum, said Deana Silk, a state Education Department spokeswoman.
“As you know, we are unable to comment on pending litigation,” Silk said. “I can, however, tell you there is no settlement pending.”
In its court filings, the district raised questions about possible conflicts of interest by the state board, which is required by law to oversee the operations of and to represent all public schools, including charters.
Charter schools receive government funding but operate independently of the established state school system in which they are located.
The filing states that one of the association’s members — the Oklahoma Youth Academy Charter School — is sponsored by the state Education Department. Additionally, the filing points out that state school board member Bob Ross also serves on the board of John Rex Charter Elementary School, an association member.
“The state board of education has a duty to all schools, both traditional schools and charters,” said Laura Holmes, an attorney representing Oklahoma City Public Schools.
“The issue is: Can they adequately represent the interest of the individual school districts that would be impacted? It puts them in the position of being both a plaintiff and a defendant.”
Tulsa Public Schools is taking legal action similar to that of the Oklahoma City district, Holmes said.