Olens Files Motion For Reconsideration In Charter School Ruling

May 27, 2011 7:16 am

by Buzz Brockway · 1 comment

Political Insider has the details.

Charter schools teach the same subjects as all other school systems but each in a different manner. They are experimental. That is what makes them special.

Students in a school district have a choice to go to their ordinary public schools, each which teach in a uniform manner not only through the system but in accordance with state policy (until now, at least, since state establishment of policy may now be question), or attend instead the special and experimental charter school.

Yes, charter schools do compete in a sense with local school systems; charter schools also compete with each other. That is neither bad nor unconstitutional.

22bons May 27, 2011 at 10:38 am

If you didn’t read the majority opinion and you didn’t read the dissenting opinion, do yourself a favor and read Olens’ motion for reconsideration and reversal. In essence he powerfully asserts that the majority ruling is completely untethered from legal precedent, the State Constitution, and the historical fact of shared control of public education between state and local governments. While people may have different views of the ruling from a policy perspective, I have not yet seen a reasoned defense of the ruling from a legal perspective. I don’t think there is such a defense but I truly would love to see one.

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