From: DSEA [info@dsea.org]
Sent: Tuesday, August 28, 2007 12:55 PM
To: Nichols, Pamela [DE]
Subject: DSEA Member Matters - August 2007
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      August 28, 2007

• YOUR VOICE •
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."

• YOUR ACTION •
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.

• YOUR PROFESSION •
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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Delaware State Education Association
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DE 19901 • tel 1-866-734-5834 • fax 302-674-8499