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Dave Meyer: Charter school bill puts Kenton County independent schools districts in jeopardy


Kenton County’s independent school districts are the only small districts in the state denied a “veto” over charter schools 
 
Northern Kentucky played an unexpected starring role in the statewide debate about charter schools a few weeks ago when we were designated as one of only two targeted regions for a mandatory pilot program. 

The explanations for how or why NKY became a focus of the program ranged from the bizarre to the offensive. There were theories about rich developers who may have put a thumb on the scale, and then the bill’s sponsor shockingly claimed in a committee meeting that Northern Kentucky was an “educational desert.” What?


Overlooked in much of that conversation, however, was the second way that Northern Kentucky – and Kenton County in particular – was singled out. We are the only county in the whole state whose small districts were denied a “veto” over charter schools located in their boundaries. Kenton County has been stripped of its voice with no explanation. Why?


The charter school bill, House Bill 9, requires public school districts to transfer a significant amount of money to any charters that locate within their districts boundaries – between ten and fourteen thousand dollars per student enrolled at the charter in Kenton County. In small districts, that approach to financing charter schools will quickly cause problems. The fixed costs associated with running a school district – facilities, administration, and operations – will have to be supported with less revenue and lower enrollment. 
 
A single charter school in a district like Ludlow, with 800 students, would defund the public school, leading to insolvency and collapse. This isn’t a controversial observation. The bill’s Republican sponsors understood that their financing mechanism presented an existential threat to small districts. 
 
Their solution – emphasized repeatedly to mollify rural school districts – was to provide districts with fewer than 7500 enrolled students the power to “veto” a charter school from locating within their boundaries. Time and again, the bill’s sponsors reassured small districts that they had “absolute veto power.” They never acknowledged that their “super veto” had a carve out, created in the very same section that provides the protection:
 
If the application is for a public charter school located in a district with total student enrollment of seven thousand five hundred (7,500) or less, then the application shall include a memorandum of understanding with the district of location endorsing the application. However, if the application is for an urban academy located within a county where the total enrollment of all independent school districts is greater than seven thousand five hundred (7,500), then this subparagraph shall not apply; [HB9, pg. 17]
 
Read that last sentence carefully. The small district veto disappears if the charter school application is in a county with total enrollment of more than 7500 students in independent school districts.  The only county in the state that meets this criterion is Kenton County. The combined enrollment of Covington Independent, Erlanger-Elsmere Independent, Beechwood Independent, and Ludlow Independent is just over 8000. 
 
What does that mean? It means that if a charter school wants to locate in the Beechwood School District (or any other independent district in Kenton County), there’s nothing the school board can do to stop it. The district will have to transfer property taxes levied by the school board to the charter school. 
 
Why does the Kenton County carve-out exist? Why should Ft. Mitchell be treated worse than Ft. Thomas? Why should Covington be treated worse than Newport, Ludlow worse than Dayton, Erlanger-Elsmere, worse than Bellevue? 
 
There are 163 school districts in the state of Kentucky with fewer than 7500 students. 159 of them have the power to veto a charter school. The four without a veto are in Kenton County. Again, why?



And why would almost all (except Rep. Wheatley) of our Kenton County legislators – Reps Moser, Banta, Koenig, Maddox, and Senator McDaniel – vote for this? Did they know it was in the bill when they voted for it?


Thankfully, this bill was vetoed by Governor Beshear, but the House voted to override the veto on Wednesday. I think we’re all finally due an explanation: why was Kenton County singled out, and why would anybody elected to serve the people of Kenton County vote for such a thing?


Dave Meyer is vice chair of the Kenton County Democratic party.
 


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