Type 2 Charters such as NOCCA and ISL ruled ‘not public schools’

By Christopher Tidmore
Contributing Writer

In a 3-2 split decision, the Louisiana First Circuit Court of Appeals ruled that Type 2 Charter Schools cannot be classified as public schools and therefore are ineligible to receive state Minimum Foundation Formula (MFP) funds.

The ruling threatens the very existence of themed multi-parish state-chartered Schools such as New Orleans Center for the Creative Arts (NOCCA), New Orleans Military and Maritime Academy, International High School, International School of Louisiana, and Lysee Francais.

Curiously the decision came in the same week that the International High School of Jefferson lost its suburban campus and decided to close its doors. Parents were reassured that their children could go into the French and Spanish immersion learning programs provided on the Orleans campus. The appeals court ruling would make that option impossible, even the Orleans Parish School Board were to charter schools instead.

For that is the essence of the case; the contention that only parish school boards can create “public schools”. In 2015, the Iberville School Board and the Louisiana Association of Educators (LAE) sued the state Board of Elementary and Secondary Education (BESE) and the state, contending that there was no constitutional standing to include Type 2 charters—authorized by BESE—inside the MFP. The District Court found in favor of the charters, but the plaintiffs appealed.

Last Week, the 1st Circuit Court of Appeals opted for the plaintiffs. The court’s majority opinion stated since these charter schools do not fall under the jurisdiction of a local school board, they do not constitute public schools constitutionally eligible for MFP funds. The dissenting opinion argued that nowhere in the state’s constitution or statutes does it say only schools authorized by local school districts are public schools.

Along with the aforementioned campuses, Noble Minds Institute (opening 2017), Belle Chasse Academy, Jefferson Chamber Foundation Academy and Athlos Academies (opening in 2017) could also be impacted, it’s all of the above fall under Bessie and except students from across a seven parish region.

The charters have vowed to appeal the case to the state Supreme Court. In the meantime, the First Circuit Court remanded the case back to the trial court for an injunction hearing aimed at halting MFP funding. The defendants will argue for a stay of action, pending a decision from the state Supreme Court, because withholding MFP money would cause these schools irreparable harm.

Allies of the plaintiffs argue that if the Supreme Court decides that these schools cannot get MFP monies, they could be funded out of the state general fund, like the voucher program. While these Charter schools have strong political patrons in the legislature, given the budgetary situation, securing a new supplemental appropriation would be a difficult task, no matter how much state superintendent John White has assured parents that “we’ll just find another way to fund them.”

Of course, the New Orleans based schools could apply to become Type 1 charter schools under the Orleans Parish School Board. After all, NOCCA started off as an OPSB campus, yet the strength of Type 2s has come through their regional diversity, enrolling eager students regardless of residency. An OPSB Type 1 Charter would only enroll students from Orleans Parish.

This would be a particularly dire option for hundreds of Jefferson Parish and suburban families whose children attend ISL’s Bunche Campus at 8101 Simon St., Metairie. That facility will be repurposed into a standard K-8 next year, and parish school officials told ISL that they had no other facilities available for the highly ranked “B” School, or its 430 multi-lingual students

Bereft of classroom options, ISL’s board of trustees voted not to renew its charter for next year. ISL’s chief executive officer said she didn’t feel the administration was as helpful as it could have been to find the French and Spanish language-immersion school a new home. The implication was that school administrators are not ready to lend aid to even successful charters, viewing them as unnecessary competition, no matter how well they educate.

This article originally published in the January 16, 2017 print edition of The Louisiana Weekly newspaper.