FOCUS D.C. Public Charter School Bulletin

June 18, 2003

--New Facilities Legislation
--FOCUS Defends the Formula
--Residency Proof Legislation
--Property Tax Rebate Bill
--House D.C. Approps Chair Visits Charter Schools

FY 2004 Budget Support Act Boosts Charter School Facilities Prospects

Two FOCUS-drafted amendments to the School Reform Act, included in the final version of the FY '04 Budget Support Act, should make it easier in future to press the charter schools' claim to fair access to public school buildings.

The first of the amendments requires that by May 2004 the long range facilities master planning process being managed by DCPS be opened up to the charter schools. Under the amendment the D.C. Public Charter School Board and representatives of the public
charter schools must be included in the planning process. Additionally, the plan, which now addresses only the needs of DCPS, must also provide for the facilities needs of charter school students.

This amendment represents a major breakthrough in the charter schools' efforts to increase the force of their claim to equal access to public school buildings. Although the Council has repeatedly admonished DCPS to open up the long range planning
process, the Board of Education has steadfastly refused to do so. Once the FY '04 budget is signed by the President, continued refusal by the Board will violate the law.

The second of the amendments strengthens the charter school preference to acquire surplus DCPS school buildings. Instead of a mere preference, the charter schools will now have a "first preference." And, instead of applying only to the purchase or
lease of surplus buildings, the preference will apply to their purchase, lease, transfer, or use. The "first preference" language is designed to make clear that the charter schools get first claim to surplus buildings, not just a discount off the purchase price on the few buildings they are offered. The addition of the words "transfer" and "use" is intended to prevent the
administration from ignoring the preference when there is no purchase or lease involved, as it did in the recent transfers to DCPS of the Bruce and Addison buildings, both of which were much desired by the charter schools.

These two amendments join another that became law with the passage of the FY '03 budget. The earlier amendment, sponsored by Councilmember Sharon Ambrose, requires that DCPS share with the public charter schools any underutilized space in its current buildings. In combination, these three changes to the School Reform Act significantly increase the pressure on the District and DCPS administrations to take responsibility for the facilities requirements of public charter school students -- something they should voluntarily have done long ago.

FOCUS Asks Congress to Defend Uniform Per Student Funding Formula

The FY '04 District budget now being reviewed in Congress gives DCPS nearly 40 million dollars in "additional enhancements"
outside the funding formula, most of it for teacher salaries -- an extra $500+ for every DCPS student. This is illegal under the funding formula law, which requires that all operating budget appropriations from the General Fund for D.C. public schools, traditional and charter, go through the formula.

Recognizing the impropriety of this action, but claiming to have insufficient funds to permit it to obey the law, the District has asked Congress to provide $6,000,000 in federal money to provide an equivalent amount of funding for charter school students.

In meetings with appropriators in the House and Senate, FOCUS is urging that the Congress require the District to use its own funds to fully fund charter school students under the formula. The District's action sets a dangerous precedent that makes uniform funding for charter school students dependent on the generosity of Congress, which cannot be counted on year in and year out.

Even if Congress decides to make up the funding this year, FOCUS is urging that it make crystal clear to the District that, in future, Congress will not approve the District's education budget unless it provides full and uniform funding through the formula for all public school students.

Councilmember Ambrose Drops Residency Proof Amendment from Budget Support Act; Introduces Legislation Tracking Current Regulations

At the urging of a wide variety of District advocacy groups, Councilmember Ambrose dropped a controversial provision she had inserted in the FY '04 Budget Support Act that would have made it extremely difficult for the children of illegal immigrants and those in the care of other than a parent or guardian to enroll in public schools. Instead, Mrs. Ambrose separately introduced residency proof legislation that almost exactly tracks the regulations developed two years ago by the State Education Office. The
minor differences between the legislation and the regulations appear to be harmless.


Councilmember Mendelson Introduces Public Charter School Property Tax Rebate Bill

Councilmember Phil Mendelson has introduced a bill that would provide partial property tax relief to public charter schools that
pay property taxes but do not own their buildings. The bill, co-sponsored by Jack Evans and Kevin Chavous, would provide a tax rebate of up to $20,000 annually to charter schools that can prove that they pay property taxes through their leases. If passed, the bill will bring full relief to nine charter schools but only partial relief to others that pay property taxes significantly in excess of $20,000.

The School Reform Act specifies that charter schools are exempt from sales and property taxes, but the D.C. Code exempts only
those educational organizations that own their property. FOCUS has promoted property tax rebate legislation for charter school lessees for two years, after learning of the problem from the founders of Capital City public charter school. Although we're pleased that Mr. Mendelson introduced the bill, we intend to continue our efforts to obtain a full rebate for all our charter schools.


Congressman Frelinghuysen Visits Charter Schools, Expresses Interest in Helping with Facilities Problems

Over the last two weeks Congressman Rodney Frelinghuysen of New Jersey, Chair of the House D.C. Appropriations Subcommittee, has visited several D.C. charter schools, including Elsie Whitlow Stokes, SEED, and Arts and Technology. During his visits the Congressman reaffirmed his desire, expressed earlier in a private meeting with FOCUS, to help with the long-standing facilities shortage that has plagued the District's public charter schools. FOCUS will be proposing to the Congressman and his staff several alternative forms that help might take.

Friends of Choice in Urban Schools
1530 16th Street, NW #001
Washington, DC 20036
(202) 387-0405 phone
(202) 667-3798 fax
www.focus-dccharter.org