Mississippi Charter School Oversight Board Not in State Constitution, Legal Questions Emerge
The Mississippi Charter School Authorizer Board is contemplating the closure of SR1 College Preparatory and STEM Academy in Canton amid allegations of financial problems. The seven-member board, created by state law, oversees 12 charter schools in Mississippi, which receive about $50 million annually in public funds, according to sources.
Supporters argue that charter schools are public schools, despite differences from traditional public schools. Unlike traditional schools, charter schools do not have to follow some regulations and require student applications and agreements for admission. The creation of the Authorizer Board in the mid-2010s was part of a heated legislative debate about oversight of these schools.
The controversy centers on the authority of the board, which is not in the Mississippi Constitution. Section 203 of the 1982 constitution designates the Mississippi Board of Education as the public school overseer. The Board of Education’s members, appointed by the governor, lieutenant governor, and speaker of the House, are confirmed by the Senate. The Charter School Authorizer Board’s members are appointed by the governor, lieutenant governor, and a representative from the Mississippi Department of Education.
While the Mississippi Supreme Court has affirmed that charter schools are public schools, it did so in the context of local funding and district oversight. A 2019 ruling stated that charter schools remain public schools of the local district and are not separate districts. However, the court has not addressed whether the law establishing the Authorizer Board complies with the state constitution.
Legal experts and critics question why the oversight of public charter schools is not handled by the Mississippi Board of Education, as the constitution mandates. Many lawmakers involved in creating the Authorizer Board still support its authority, and the current Supreme Court is seen as unlikely to challenge the state’s political leadership on this issue.
Source: Original Article
