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Charter Schools File Suit to Resolve Funding Dispute With the California Department of Education

Posted on: Wednesday, 15 February 2006, 15:00 CST

LOS ANGELES, Feb. 15 /U.S. Newswire/ -- California's largest group of independent study charter schools has filed suit against the California Department of Education (CDE) and others over the interpretation of a critical calculation used to determine funding, school officials announced today.

The lawsuit was filed yesterday in Superior Court of California in Los Angeles County on behalf of Options for Youth (OFY) and Opportunities for Learning (OFL) charter schools, which annually teach more than 20,000 mainly low-income, minority students who have dropped out or are at-risk of dropping out of school.

According to the suit, OFY and OFL - like school districts throughout California - receive funding based primarily on the number of pupils they serve. The charter schools believe legal action is necessary to clarify the manner in which that funding is determined by the state, acting through the CDE, the State Board of Education (SBE) the Financial Crisis Management Team (FCMAT) and the other defendants.

Background

The dispute has arisen over the differences between how the schools operate and the way in which CDE and FCMAT interpret the law, which sets the minimum length of the school year at 175 school days in establishing the definition of one "full time equivalent"(FTE) teacher. School districts in turn establish school year calendars and negotiate teachers' contracts to meet these minimum statutory requirements. For example, in the Los Angeles Unified School District, the current school year is 175 days long.

Under that district's contract, its high school teachers provide five hours per day of direct instruction to students. The CDE takes the position that a teacher working this five-hour day for a 175- day school year equals one full time equivalent (1.0) in the LAUSD.

In contrast, OFY and OFL are open 240 days a year and their teachers provide instruction to students for seven hours per day. The method used to count the longer workday and school year is at the heart of the dispute.

OFY / OFL's Position

Despite this dramatic difference in time OFY and OFL teachers spend on instruction (two hours more per day and 65 more days per year) and the fact that counting FTE as greater than 1.0 is a widespread practice in school districts and charter schools, the CDE and FCMAT (during its current audit process) have told OFY and OFL that they must reduce their reported per-teacher FTE from 1.92 to 1.0.

OFY and OFL therefore seek a ruling that this interpretation is contrary to law, regulations, and the direction of the state board, and is contrary to common, accepted practice. In fact, The CDE's own 2003-04 database identifies approximately 6,152 individual teachers, spanning 1,097 schools in California, that have reported FTEs greater than 1.0, according to the lawsuit.

High Quality Program

Both OFY and OFL have had tremendous success in addressing the needs of at-risk students. Up to 70 percent of their students either graduate from the charter schools directly or are returned to a traditional school. Furthermore, the schools do well on the high school exit exam (CAHSEE), which is widely considered the key measurement by the State of California. In this area, OFY and OFL charter schools' passage rates either meet or exceed the rates of all alternative schools in the counties where they operate.

The success of the OFY/OFL programs, coupled with the epidemic of dropouts throughout California, often means long waiting lists for students who want to attend OFY and OFL. The schools are proud of their track record and continually seek ways to expand, improve, and make their programs even more effective.

For a copy of the legal filings or more information, reporters should contact Stevan Allen at (916) 448-1336 or stevan(At)allenstrategic.com or visit http://www.ofy.org and http:// www.emsofl.com.

http://www.usnewswire.com

Source: U.S. Newswire

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