July 25, 2002
The Virginia General Assembly approved legislation permitting charter schools in 1998. At the time, the Fairfax County School Board held a public hearing to gauge the community's interest in a charter school, as was required by the legislation at that time.
There was not much interest, and charter schools have not been a topic of public debate since.
In fact, the Fairfax County Council of PTAs (FCCPTAs) went so far as to draft a policy two years ago recommending the School Board not participate in a charter school program because with the magnet schools, gifted and talented centers and other programs, the school system already provides enough choices to parents. In addition, the School Board's annual legislative packet has called for charter schools to remain a choice and not a mandate.
"By and large, the community feels there are sufficient options," said Mitch Luxenberg, immediate past president of FCCPTAs.
Until now, that is. Amendments to the original charter-school legislation require all school districts to create a policy for receiving, considering and approving charter schools in their district by July 1.
A draft policy was unveiled at a School Board work session in June, and by July of next year, the Board could be accepting its first charter-school application.
"I haven't heard of anyone wanting to open a charter school in Fairfax County," said Judith Singleton, the school system's government relations director. "We haven't seen this animal before."
AS THE SCHOOL BOARD discovered, the draft policy still has a lot of unknowns, since the concept of charter schools is new to the state. Since the creation of the enabling legislation, five charter schools have opened in Virginia — Cornerstone Christian Academy in Remington, Murray High School in Charlottesville, Victory Academy in Hayes, Blue Ridge Technical Academy in Roanoke and Hampton University Charter School for Mathematics, Science and Technology in Hampton.
The Code of Virginia says the charter schools are public schools that are subject to the Standards of Quality, although charter-school administrators can request, through the local school board, waivers from the regulations. Anyone can submit an application to the local school board, which is the sole chartering authority, with priority given to charter schools designed for at-risk students. The charter term is three years, and personnel are considered employees of the local school district.
The county's policy was developed by combining pieces of the state regulation and policies already in place in Prince William County and Virginia Beach, as well as suggestions from department staff.
The draft policy would require regular audit reports; insurance policies naming the School Board and the school system as additional insured; background checks — including financial — on the applicants and employees; and the stipulation that the first charter school must cater to at-risk students.
"The law says half the charter schools must serve the at-risk population, so we said the first should be for at-risk students," said Alan Leis, the school system's deputy superintendent. "But the definition of ‘at-risk’ is broad [in the state law]."
QUESTIONS STILL REMAIN unanswered under the state code. A charter school must prove there is adequate community support for the facility, but the law does not provide a measuring stick to determine adequate support.
The charter school can request the school system provide space for its classes, but the code is silent on whether that means the school system has to make space available or just offer underutilized space.
And unless otherwise negotiated by the School Board and charter school, the measure for funding and providing services for the charter school is per-pupil funding. Once again, the code does not define what exactly that means, however. The charter school is not permitted to charge tuition and instead receives state and federal funding just like any other public school.
The law does not require the charter school or the School Board to hold a public hearing before approving the application. However, Fairfax's draft policy does require a hearing and also provides for the release of most of the charter school's application paperwork into the public record.
"This being a market-based proposal, if they have enough sign up for the charter school, then they have adequate support," said School Board member Christian Braunlich (Lee).
The charter school would be required to follow the county's rules, regulations and standards, making the students subject to the same disciplinary hearings as other FCPS students. The charter schools would reimburse the school system for any costs. Transportation and curriculum would depend on the charter-school application.
A draft application form is expected to be completed in late August, early September. The first applicant, if there is one, could be accepted in July 2003.