LEGISLATION NOT MEANINGFUL REFORM

Sorting Out Issues Sometimes Depends On Figuring Out Who's In Charge.

Don Nord wants to use medicinal marijuana in his home. The state of
Colorado says he can, the federal government says he can't. American Skiing
Co. thinks Triple Peaks' lawsuit should be dismissed. A local judge agrees
and tosses the case, only to have a higher court reverse the decision on
appeal.

Ultimately, the judicial system will have to sort out those cases. But in
the case of Steamboat Springs Montessori versus the Steamboat Springs
School District, the state might circumvent the judicial system. Last week,
the House Education Committee approved a bill that would give the state the
authority to create charter schools when a school district says no.

Such a bill, if approved, would be an end run around the situation in
Steamboat Springs, where Steamboat Springs Montessori has sued the school
district over the district's refusal to obey a state Board of Education
order to negotiate a contract for the creation of a Montessori charter school.

In our opinion, the bill would undermine local control and wouldn't solve
the larger issues with the state's charter school law.

The bill, sponsored by state Rep. Keith King, R-Colorado Springs, is
partially in response to the situation in Steamboat. But ours is not the
only school district to challenge the state's decade-old Charter School
Act. Several districts have stalled in responding to charter applications;
others, such as Steamboat, have refused to negotiate with charter applicants.

When Colorado's Charter School Act was established in 1993, it was designed
to empower parents, educators and others to provide school choice,
particularly in areas where public schools were under-performing and
expectations were low. Instead, the charter school law often has been used
to create specialized schools in small, high-performing school districts
such as Steamboat's. That is where conflicts have risen.

Steamboat Springs already has one charter school. The district argues it
can't afford a second, and a majority of the community has sided with the
district. In such a situation, can and should a local school district be
able to say "no?"

In Steamboat's case, the answer to that question rests with the court
system, unless the school district and Steamboat Springs Montessori are
able to reach a compromise that ends the lawsuit.

Either outcome would be preferable to King's bill, which simply turns a
deaf ear on the problems districts have said they face with the Charter
School Act.

Meaningful reform would encourage the creation of charter schools, while
addressing the funding challenges for local districts and placing
reasonable limits on the number of charter schools a single district should
be expected to support.

King's legislation isn't meaningful reform. The bill puts the state in
charge of something local districts should have a significant stake in
deciding. Lawmakers should defeat the bill.