BVSD Votes to Challenge CSI at the State Supreme Court

Last night the Boulder Valley School District (BVSD) Board of Education voted unanimously to take the question of the State Charter School Institute to the state Supreme Court. This after two lower courts have ruled in favor of the Institute.

Criticized for wasting taxpayer money, this time lawyers from Caplan and Earnest, LLC said they'd take the case pro bono and the district would only be responsible for actual costs.

The Boulder Daily Camera editorial on Sunday asked the school district to drop the lawsuit against the Charter School Institute. After a denial for a request for the grant of exclusive chartering authority from the State Board of Education in 2004, the BVSD board was subsequently granted sole authority in 2005. The district contends that an entity being able to grant charters within their geographical boundaries constitutes a violation of the local control provision of the State Constitution.

Justice Meyer, writing the decision for the Court of Appeals, stated:

Part 5 [the Charter School Institute Act] does not require the local school districts to accept or approve an institute charter school application; nor does it usurp the districts’ decision-making ability to implement the educational programs for which they are ultimately responsible, a potential constitutional infirmity.

During the year or so it will take for the Supreme Court to hear this case and render its decision, Institute charter schools continue to struggle with negotiating facility financing arrangements. Lenders are concerned that the lawsuit may shut down the Charter School Institute's schools and the risk is too high.