Local Radar

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School Board queries Dept. of Education on charter of Fox Creek

web posted Apri 12, 2006

COUNTY – The Edgefield County School Board requested the Fox Creek Charter High School Board attend their meeting Tuesday night for a presentation by J.C. Ballew of the South Carolina Department of Education regarding the limitations and responsibilities of the District and the Charter School.

“I appreciate the opportunity to be here,” Mr. Ballew said adding, “I have been in the department for 16 years,” and noted that Dr. Keesley “is one of the top two or three superintendents in the state.” Mr. Ballew said the charter school concept is as a choice of freedom but with that freedom comes accountability to the promises they make in their charter.

The definition of a charter school in South Caroline is a public school operating within a public school system however with a great deal of latitude the school district is not allowed. However, he noted, the charter school is accountable to local school board district. This year the state has in operation twenty-four start-up charter schools and two charter schools that are conversions. Mr. Ballew said the local school board must approve the charter school and charter, which then becomes a ”contract that the charter school must abide by”.

When questioned about what laws apply to charter school Mr. Ballew said all federal and state laws apply the same to all public schools but the charter school is given some latitude in minor areas involved in the operation of the school but they are subject to discrimination, special education services, health and safety requirements. The charter school must meet but may exceed minimum attendance requirements. The school must adhere to same financial audits as public schools and the school must elect its governing board annually.

Mr. Ballew stated emphatically that a charter school must adhere to the Freedom of Information Act just as other public bodies.

Charter schools are also accountable to students and parents who have chosen to go to the school. School Board Chairwoman Sallie Cooks asked if a charter school is subject to no child left behind provisions. Mr. Ballew said they were.

Questioned on who governs the charter school Mr. Ballew said the responsibility lies with the charter board of directors when it came to powers of contracts, adopting budgets, approving curriculum and other operating procedures. The charter school is obligated to provide a report any change of application in the charter prior to it being implemented. Such changes must receive the approval of the “sponsoring” board, or the Edgefield County School Board. This would include changes such as amending the by-laws or other “contracted” agreements in the charter.

Charter schools are also required to make a report annually to sponsor and the Department of Education for the duration of charter. Although Mr. Ballew said the district body could require bi-annual or even quarterly reports.

Mr. Ballew said the charter is approved for five years and then a decision of renewal must be brought before the district board for re-approval or termination. General reporting - finance, teacher certification, and major changes - must be made and approved by the both boards.

School Board Attorney Greg Anderson asked what authority the county board has over the charter school board, “who is the board of last resort?” Mr. Ballew said the charter school board for most issues but if a student is denied enrollment, they can appeal to district school board. If a teacher was terminated at a charter school and then appealed and lost the appeal, they have no appeal to county board. Charter schools have total autonomy over student appeals.

School Board member Andy Livingston asked, “Can the county board be held accountable for the charter school not upholding their charter?” Mr. Ballew stated that if the charter school is not compliance with charter, the district can they revoke the charter at any time.

David Mathis questioned if it was the responsibility of the county school board to see that charter school and board upheld their responsibilities as stated in the charter. Mr. Ballew said yes.

As an example, Mr. Ballew stated By-laws could not be changed. If the charter school wants to make a change to the charter, they must come to school board prior to change. If the charter school did not do this, it is the responsibility of the district board to hold the charter school accountable for any “material changes” as the state and the county school board must approve any such change.

Board Member Brad Covar asked how many charter schools have closed over the last few years. Mr. Ballew said he was not sure of that number and would look into it and provide the information later. Mr. Covar asked what would be a situation that would most likely place a district in the position of revoking a charter of the charter school. “Restructuring of county,” Mr. Ballew said would be a reason to close. He added that funding would also be a reason. In one case, a charter misrepresented the number of students. Another cause for revocation would be financial mismanagement. Two others that had their charters revoked were primarily schools where the district made visits and the schedule of school was not being observed.

On the issue of racial make-up Mr. Ballew said it was incumbent of the charter school to meet certain requirements, such as a minimum of 20% of that of other similar schools in the county. Mr. Covar asked that since the only other high school in the county was Strom Thurmond would the 20% figure be determined by that racial make-up of that school. In general terms Mr. Ballew said yes. The district board could waive the racial make-up if there were problems unique to a particular school but the district would need information relating to recruitment efforts to make that determination.

Merriwether Elementary and Middle Schools have similar racial make-ups compared to Strom Thurmond while Fox Creek Charter High School is 99.9% white. When asked by EdgefieldDaily.com if that would present a problem for the school Mr. Ballew said it could defiantly be a problem and it could be an issue the Justice Department could become involved in.

Due to an extreme migraine, our reporter was forced to leave the meeting before its conclusion, but not until after Mr. Ballew finished his presentation.


 

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