Federal judge dismisses D.C. charter school funding inequity lawsuit

The Washington Post’s Valerie Strauss reported last evening that U.S. District Judge Tanya S. Chutkan has rejected a three year old lawsuit coordinated by FOCUS and brought by Washington Latin PCS, Eagle Academy PCS, and the D.C. Association of Chartered Public Schools charging that DCPS has for years illegally received, and continues to receive, funding outside of the Uniform Per Student Funding Formula.

Charters contend that the traditional schools have been provided about $100 million per year more than the charters through services and other revenue sources to which charters do not have access.  The case was a major test of language contained in the School Reform Act dictating that money for public schools must be allocated according to the Uniform Per Student Funding Formula based solely on the number of pupils enrolled.  The argument, most forcefully made by the former FOCUS executive director Robert Cane, was that the Mayor and City Council have no legal authority to provide dollars to the regular school system to which charters are not also granted.  His point was solidly supported in the 2013 Adequacy Study, which was completed under the prior Deputy Mayor for Education Abigail Smith.

Apparently, the decision came down last Saturday.  Little information is currently available about the ruling except for Ms. Strauss’ assertion that “the judge stated clearly that the District’s funding practices do not violate the School Reform Act and that the plaintiffs have ‘no standing to challenge the District’s enrollment calculation method for’ D.C. Public Schools.”

The legal action only came about after years of negotiations between charter and government leaders got nowhere.  The news of a lawsuit was announced here.

This is a major blow for funding equity in the nation’s capital between the two sectors, and it will have major implications.  For example, as part of the new DCPS contract with the D.C. Teachers’ Union, and the retroactive raise in salaries that it contains, it was estimated that charters would get an additional $51.2 million in extra funding due to the UPSFF.  Now, it is unclear whether the city is bound to that commitment.

More information will be shared as the ruling becomes publicly available.  Also, not known at this time is whether attorney Stephen Marcus is planning on appealing Judge Chutkan’s opinion.

But for now, it is an extremely dark day for fairness, equality, justice, and dignity when it comes to the way our city, the nation’s capital, supports our public schools.

 

 

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