Path for Charter Schools

The California Legislature has one last chance to improve the state’s charter school law and stave off an initiative that would allow unlimited charter schools to be created and make it easier for public schools to become charter schools.

The initiative is heading for the November ballot unless lawmakers act soon by passing Assembly Bill 544. The measure, much like the initiative, would ease the creation of charter schools and lift the current state ceiling on the number of charter campuses. It deserves bipartisan support. It is far better to make public policy in the Legislature than at the ballot box.

Sponsored by Assemblyman Ted Lempert (D-San Carlos), the bill would do away with the state cap of 100 charter schools. In fact, 30 charter campuses above that limit already have been authorized by the state. The legislation also would make it easier to establish charter schools and direct state funding to such campuses based on enrollment. A vote is expected this week. Friday is the deadline for turning in signatures needed to qualify initiatives for the November ballot and is thus also the deadline for the Legislature.

The legislative course is actually preferred by Silicon Valley entrepreneur Reed Hastings and San Carlos Supt. of Schools Don Shalvey, the main backers of the initiative. That’s a civic-minded departure from most initiative efforts.

The original 1992 charter school law gives public school campuses wide latitude to adopt custom-made programs if they produce results. The campuses operate outside of many State Board of Education regulations, and many are not required to report to a local school board. Charter school officials can hire teachers, develop curriculum and tailor their course of instruction. At most charter schools in California, that sort of autonomy is beginning to pay off with improved performance, better test scores and higher attendance.

Charter schools are popular with politicians from the president and governor on down, but it still took a gun to the head of the Legislature, in the form of the pending initiative, to get AB 544 this far. Why? Well, for one thing the powerful public schools and teachers’ lobby initially opposed Lempert’s bill.

Now they are all at the table, along with representatives of Gov. Pete Wilson, and should work hard on reaching a compromise. Together, they should be able to beat the Friday deadline and pass this bill. Charter schools are an experiment worth building on.