Part III: Charter Schools are Public Schools

Dateline:  October 17, In the Year of our Lord 2022

On this particular evening, a new plan to recover education in Red State town is brought by some out-of-town guests, sponsored by a local group of parents-- a classical charter school.

Board Member:  I understand you have a proposal to start a charter school here in Red Town that will address some of our education concerns-- like the lack of focus on traditional academic subjects and the administrative insertion of all things woke…  do tell.

Charter school:  I'm a local parent who is working with a conservative charter school network to bring an educational solution free from most government oversight.  We'll return to a back-to-the-basics classical curriculum and it will be free to parents.  This will help those who cannot afford private school here in Red Town.

Board Member:  You say free from most government oversight.  Mr. Superintendent, is this true?

Superintendent:  Well, all public schools in this state-- and charters are public schools-- must be accredited by a regional accreditor. 

Board Member:  Isn't that the one we talked about a year ago with the DEI standards?  Doesn't that also require teacher certification?  

Superintendent:  Yes.

Board Member:  So charter schools will have much of the same administrative oversight as public schools?

Charter school:  When required, we just do perfunctory training on DEI and then forget all about it.  We select teachers who are certified, but don't believe what they were taught, or who are alternately certified without going to progressive college.

Superintendent:  Right now, it might be possible to get away with both of these approaches.  But, just a few years ago, there were no DEI standards in accreditation, so we expect the accreditors, under pressure, will continue to tighten the compliance.  And it can be hard to find certified teachers who have a vision beyond their training. Soon, perfunctory will not be enough.  

Board Member:  OK. Charter school, we'll give you a solid C- on those administrative meat hooks. What about state graduation requirements?  

Charter school:  Well, we do have to meet those requirements if we offer high-school diplomas.  But, we don’t want the health class in our classical charter school to look like a public school sex ed course.

Board Member:  OK, so you can kind of skirt 3 of the big 4 administrative state levers for now.  What about funding?  Any use of federal funds will pull you in under title IX and you'll have to celebrate every trans activist event or get sued?  

Superintendent:  Well, actually, if I could interject, there's a 5th lever at the local level.  A few years back, out-of-state funded trans activists managed to pass a SOGI law here in Red Town that provides for civil action against discrimination based on Sexual Orientation and Gender Identity. It was passed quietly so almost no one noticed.  It applies to schools as well.  And it's not so much about "discrimination" as it is about failing to celebrate the usual portfolio of LGBTQ causes.

Board Member:  What kind of causes, and how did Red Town get duped into that?

Superintendent:  Remember that group of 4 trans students who used to tell their tear-filled stories of oppression and bullying at the local school?  A few of them went to the city council meeting as well, with the encouragement of some "community organizers" or activists.  The city council is accustomed to zoning and building permits.  Emotional students who are being "bullied" rolled them over pretty quickly-- no one asked what the actual "bullying" looked like.  They passed a Sexual Orientation and Gender Identity (SOGI) ordinance that allows parents to sue if schools don't bow to the celebration of all things sexual.

Charter school:  We wouldn't discriminate against any child.  They can be who they want to be, as long as they follow our rules.

Superintendent:  You have uniforms, don't you?  And restrooms for boys and girls?  And sports for boys and girls teams?

Charter school:  Yes.

Superintendent:  In Minnesota a few years back, a conservative classical charter school called Nova Classical Academy thought the same thing you did, until a parent wanted their 1st grade boy to wear a girl's uniform.  When the school tried to enforce their rules, the parents sued under a local SOGI.  The school backed down, but it was too late.  The "emotional trauma" had already happened, according to the parents.  They sued and won.  The award was so large, all the school's assets were turned over to the LGBTQ activists.  Nova Classical now operates as a very left-leaning woke school-- some say more so than the public schools nearby-- all funded by well meaning conservative donors who built the original school in the first place.  This can happen anywhere-- even here-- because the LGBTQ lobby has been so effective at passing local SOGI laws.  Almost every town in the state of any size now has one.

Board Member:  You mean it only takes one parent to sue and change the whole school?  You'd better do a good job of gatekeeping who you let in, charter school.

Charter school:  Well, that's just it.  The state statute does not let us enroll selectively.  We have to hold a lottery.  This means we have to take all comers.

Board Member:  Don't you think that will make you a target for any activist who wants to use their child to gain control of your school, like they did at Nova?  

Charter school:  We have good attorneys, and we've been successful so far in other states.

Board Member:  So, it's just a matter of time and chance.  Hmm.  I'll give you a D- on that one.  What about the federal funds concern that was mentioned before this rabbit trail?

Charter school:  We don't take federal funds, but sometimes there are rules…

Superintendent:  That's correct.  If they're chartered in the district, and the district takes the funds, then it's possible for the feds to make a claim that the district charter schools are enveloped as "public schools." And, charters often take "free and reduced lunch" funds or transportation funds, or funds for special education services.  These may open them to federal regulations on sex (Title IX) which has recently been determined, by SCOTUS, to include sexual orientation and gender identity.

Charter school:  We've been able to maintain our independence.  We take some funding, but we can usually work around the regulations.

Board Member:  That is, unless you get sued like Nova.  OK, well it doesn't sound like you have a lot of confidence in your charter status from the district.  It sounds like you're one election or one SOGI lawsuit away from being shut down.  But, I'll give you a C on that front.  That sums up to about a charitable C- average.  Do your students get better grades than that? 

Charter school:  Oh yes, they are very successful…

Board Member:  Well, if you get a worse grade than your students, maybe we should find another solution-- one that has a bit better chance of weathering the cultural storm.