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Dewey Public Schools

Posted: Apr 06, 2021 1:56 PMUpdated: Apr 06, 2021 3:06 PM

DPS Joins Lawsuit Against State Board of Education

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Garrett Giles

Dewey Public Schools joined hundreds of schools across Oklahoma in a lawsuit against the State Board of Education on Monday evening. There's anticipation that many more will join in after the Board agreed to a settlement with the Oklahoma Charter School Association based on a 2017 lawsuit that would give charter schools the same level of funding as public schools.

Vincent said there is a feeling of responsibility more than anything to join the lawsuit. He said this particular decision by the State Board of Education was fairly quick and somewhat egregious.

No one is entirely sure of the effects of the decision, but there is a consensus feeling among independent school districts that there will be a big impact on all schools in Oklahoma. Superintendent Vincent said they feel obligated to take the decision on not only for their students but for the patrons in the community as well. He said the State Board of Education's decision impacts tax dollars that could be diverted away from Dewey Schools and their students.

Again, the situation dates back to a 2017 lawsuit between the Oklahoma Charter School Association and the State School Board of Oklahoma. At that time, the Charter Schools were stating that they believed that there should be an equalization of funding because they are recognized as a public school and should be paid as such.

Within the decision of the State Board of Education, Vincent said the Board apparently felt a need to resolve the situation because the lawsuit had arrived at an impasse. Vincent said the Board must have felt it was in their best interest to resolve the issue through a settlement.

As it's understood, Vincent said the settlement was brought forth before the State Board of Education's meeting on Thursday, March 25th. Vincent said the settlement would be approved by the Board the next day on a 4-3 vote. He said the settlement would provide funding for charter schools in the same matter as all public schools on Thursday, July 1st, even though they have a funding mechanism already established through the Oklahoma State Department of Education.

In essence, Vincent said the common feeling is that the State Board of Education agreed upon a funding change for all public schools through the settlement agreement. Vincent said there are many shared funding revenue sources amongst all the public schools in Oklahoma that are State dedicated revenues. He said they are based on a school's enrollment size and other characteristics of the school district. The money is shared and divided appropriately among the schools.

Vincent said the agreed upon settlement would add more public schools and more student enrollment to the general pot of funding. He said that would essentially reduce public funding for Dewey Public Schools and their students.

If Dewey Public Schools had a student that attends a virtual charter school, Vincent said they're under the impression that that student would still fall under the district's tax base. In other words, Vincent said the resolution the State Board of Education approved in late-March would permit them to extract funds based on that student's individual count into the formula of local funds; they would be able to extract that funding for the virtual charter school district.

Vincent said he's not sure how that'll take place, which leads to more problems and concerns. He said the State Board of Education's decision has seemingly created a fire storm across Oklahoma because no one can really define the impact other than it being a huge impact across the State, effecting virtually every public school district.

Rosenstein Fist & Ringold is the firm that represents Dewey Public Schools and many of the other schools that have joined the lawsuit. Vincent said Dewey Public Schools told their legal counsel on Tuesday morning that the Dewey Board of Education authorized action to enter into the lawsuit. He said they'll wait and see what's next as this has been a fast and furious process.

State Superintendent Joy Hofmeister, who voted against the settlement, has said that the move is illegal. Hofmeister said the action was unconstitutional because it tells taxpayers that "we're going to tax you and take your money, but you're not going to have the kind of control of what those funds will be used for." She said this is protected in the Constitution.

According to Vincent, a funding change of this magnitude should occur through the legislative process. Vincent said the decision by the State Board of Education circumvents that effort. He said that seems to be the root of the problem.

Vincent said the ultimate desire is that the lawsuit would cause the State Board of Education to call a special meeting or revisit the item in a regular meeting to rescind the approval of the settlement with the Oklahoma Charter School Association. He said he believes that would resolve the lawsuit that public schools throughout Oklahoma have brought about.

Without the State Board of Education rescinding their decision, Vincent said it would appear that legal action is about the only means to get the decision moved in the other direction. He said there are too many unanswered questions for something of this size to go unchecked. The check in this situation to Vincent is the legal action that is being taken unless another force comes along and intervenes.


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