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August 28, 2007
Charter Schools find way to get construction finance
help - without accountability and local referenda!
Ever since Delaware's charter school law was signed into law
in 1995, the state’s clear policy has been NOT to provide capital
construction financing for charter schools.
As a result of a
vote yesterday morning by the Council on Development Finance, that
may be about to change. By an 8-1 vote --- with only Sen. Nancy Cook
(D-Kenton) dissenting --- the Council recommended to Judy
McKinney-Cherry, director of the Delaware Economic Development
Office (DEDO), that she authorize issuance of 501 (c)(3) conduit
bonds in the amount of $12 million for the Delaware Military
Academy, a charter school authorized by the Red Clay School
District.
Despite a request from DSEA that he oppose the
Academy application for broader policy reasons, Rep. Greg Lavelle
(R-Wilmington), the only other legislator on the nine-member Council
on Development Finance, made the motion to recommend issuance of the
bonds and spoke supportively of the Academy’s application.
Under Delaware Code, the decision to permit these bonds to
go to market with the approval of the State of Delaware now resides
solely with DEDO Director, Judy McKinney-Cherry.
DSEA President Barbara
Grogg and Jack
Polidori, DSEA director of Legislation and Political Organizing,
both testified (Click here
to read Grogg's full testimony.) before the Council in
opposition to the Academy’s application. Grogg pointed out that
DSEA’s opposition was based on the long-standing educational policy
of the General Assembly.
Grogg noted that charter school
construction proposals would not have to undergo the high degree of
scrutiny and accountability that local community public schools must
undergo in order to obtain approval for capital construction, even
though charter schools are "public schools" under Delaware Code. For
example, charter schools would not have to:
- obtain local voter approval via referendum;
- a Certificate of Need from the State Department of Education;
and/or
- have their projects reviewed by the state’s Office of
Management and Budget or the General Assembly’s Bond Committee.
Conduit bonds are permitted under federal tax law and IRS
regulations to be issued by state and local government bodies and
agencies for capital construction purposes by eligible 501(c)(3)
entities. While charter schools are "public schools" under Delaware
Code, charter schools usually also go through the process of
obtaining 501(c)(3) status in order to receive tax-free
contributions from individuals, corporations, foundations, and to
make themselves eligible for this type of bond financing.
While there is no direct appropriation from the state
involved in conduit bond financing, the Delaware Military Academy
will be able to obtain substantial annual savings on its financing
costs as a result of the tax free status provided to purchasers of
the bonds. According to the Academy’s Commandant, this will save the
school between $100,000-$125,000 per year in interest charges.
"Approval of this back door policy change, unless stopped by
Gov. Minner, will allow charter schools to skirt the accountability
process that local public schools must meet," Grogg said. "We call
upon DEDO Director Cherry to refuse to issue the Academy bonds.
Clearly, this is a finance avenue that must be closed by the General
Assembly."
It is imperative that you join other
DSEA members and communicate your opposition to issuance of these
bonds by the State as soon as possible to
both
Gov. Ruth Ann Minner and Delaware Economic
Development Office Director Judy McKinney-Cherry
Members of the Council were not persuaded by the prospect of other
charter or local community public schools subsequently requesting
use of this financing method to obtain construction dollars, if DEDO
Director Cherry approves the Academy application.
In 2006,
the Newark Charter School asked the General Assembly to change the
charter school law (HB 422) and provide funding to charter schools,
ostensibly for school construction. The bill died an unceremonious
death in the House Infrastructure Committee.
Also in 2006,
the General Assembly passed a bill that allowed Kent County to
assess an impact fee on all building permits in excess of $30,000,
and to use these funds to offset the local cost of school
construction costs. Attempts by charter school proponents, both in
the House and Senate, to direct some of these funds to charter
schools were rejected by the full House and Senate as the bill was
passed and then signed into law by Gov. Minner.
Just this
year, the House amended HB 197, an economic development bill for New
Castle County, to ensure that any bonds issued in special tax
districts for economic development purposes, could not be used for
school construction.
Questions? Contact Jack Polidori Act
today!!
And thanks for all you do.
You can't teach if your license
expires!
If your teaching certificate was
issued in 2001 or 2002, then you must have 90 clock hours of
professional development completed by October 31 - and have them
entered in DEEDS - in order to keep your teaching
license.
If you do not submit your 90 clock hours,
you will have no license. You will be able to finish the year, but,
after that, your name will go on a national registry of revoked
teaching licenses. You don't want to let that happen.
Questions? Call your personnel department or Vicky Cairns at DSEA at
1-866-734-5834.
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