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Board Can't Shift Cash from Voc Ed to Virtual School

A State Board of Education attempt to funnel state cash to virtual charter schools unconstitutionally usurped the Legislatureīs power, according to a legal opinion from the Attorney Generalīs office.

Deputy Attorney General William von Tagen concluded that “the board does not have the legal power or authority to create a mechanism for funding public schools that is contrary to the legislative funding mechanism.”

Gary Stivers, the boardīs executive director, said the regulations were prompted by the creation of three Internet-based virtual charter schools that recruited students statewide, but there was no mechanism to provide them with state support.

The state board voted to divert cash to the virtual schools from each of the school districts where the charter students live, primarily small, remote districts. However, von Tagen said that was not authorized by state law.

“Itīs pretty much what Iīve been saying all summer,” said state Senate Education Chairman Gary Schroeder, R-Moscow, who asked for the legal analysis.

Schroeder agreed there are problems in financing Internet-based charter schools, but said resolving the problem is a legislative responsibility, not an administrative boardīs.

“I think the elected people are the ones who should be making the laws,” Schroeder said. “I donīt full-well agree with the Legislature all the time, either. But that authority obviously rests with the Legislature.”

Stivers said von Tagenīs nonbinding legal opinion would be reviewed by the board before any further policy decisions are made.



AG: Board can’t shift cash to virtual school
Idaho Statesman
2003-11-21
http://www.idahostatesman.com/story.asp?ID=54493

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