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Group sues for charter school funds

Seven schools claim they're entitled to money for construction and capital projects.

By Fred Clasen-Kelly
frkelly@charlotteobserver.com

An advocacy group sued Mecklenburg and six other counties Thursday to force them to consider giving money to charter schools for construction and capital projects.

The N.C. Institute for Constitutional Law filed the suit on behalf of parents and students from seven charter schools in Mecklenburg, Union, Rutherford and Nash counties who claim their schools are entitled to capital funding.

The charter schools receive public funding for operating expenses and per-pupil allotments just like traditional schools, but have been frozen out of construction and maintenance money.

That leaves the schools with less "money for teachers and other supplies," said Jason Kay, an attorney for the Raleigh-based advocacy group.

Charlotte-Mecklenburg Schools Superintendent Peter Gorman and a county attorney have said state law does not give counties or public school boards power to give charter schools capital funds.

A 1998 advisory opinion from the state Attorney General's office concurs.

The N.C. Institute for Constitutional Law sent a letter to Mecklenburg commissioners in August, questioning the dearth of capital funding for charter schools.

In the suit filed in Mecklenburg Superior Court, the group argues the state constitution mandates "sound basic education" and similar funding.

"This seeks to make sure public charter schools have a seat at the table," Kay said. "They have never had a seat before."

Fred Clasen-Kelly: 704 358-5027
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