Editorial: Fix charter-school law

Friday, March 12, 2004 | 4:58 a.m.

WEEKEND EDITION

March 13 - 14, 2004

In rescinding its earlier approval of a proposed charter school, the Clark County School Board last week revealed a fundamental flaw in the 1997 state law allowing them. In most cases, charter schools must be sponsored by the local school district. This means the district is responsible for ensuring academic standards. Oddly, however, applicants may apply to the state Board of Education for waivers.

This is what happened after the School Board had given initial approval to Nevada State High School, a charter school proposed by John Hawk. The state board, of which Hawk is a member, granted Hawk waivers so that he could shorten the school calendar and relax the licensing requirements for teachers.

Approving a charter application sets the district up as the school's sponsor, and that entails responsibility for the school's standards. "Why are we even ruling on this when the state can override us?" asked School Board member Susan Brager-Wellman before the board voted to rescind its approval.

Setting aside, for the moment, the ethical question of the state Board of Education granting waivers for a school being sought by one of its own members, any waivers should be the sole responsibility of a charter school's sponsor. If a school board's decisions are not satisfactory to the applicant, he can, under the law, appeal to the state board to become his sponsor. In that case, the state could grant all the waivers it wished -- and take responsibility for them.