Wilkerson Opposes Constitutional Amendment That Allows State to Create Charter Schools

The proposed constitutional amendment, House Resolution 1162, is getting a lot of attention. State Rep. David Wilkerson (D-Austell) released a formal statement of his opposition to the controversial resolution, which would allow the state to create charter and special schools, even if the schools have been denied by local school districts.

Below is Wilkerson's statement:

Today, State Representative David Wilkerson (D-Austell) announced his continued opposition to HR 1162. The Constitutional Amendment has been moving at a rapid pace since being introduced a few weeks ago.

After the defeat of the HR 1162 last week, Republican House Leaders have pledged that the resolution will get another vote in the upcoming days. In just a few weeks, the resolution has changed several times. Initially touted as a way to raise student achievement, the latest version of the resolution is now being portrayed as a way of giving local communities more choices and involvement in the decision making process.

"The proposed amendment is not aimed at raising student achievement in Georgia," said Wilkerson. "Instead this unprecedented expansion of powers will allow the state to access local tax dollars without the consent of school boards and taxpayers."

If passed by the Georgia General Assembly, the amendment would go before Georgia voters this fall. The language-as it stands now-would allow for the creation of a non-elected board, appointed by state leaders, to make educational decisions for parents over the objections of local school districts. These districts are already facing layoffs, teacher furloughs, larger class sizes, and shortened school calendars. In Wilkerson's home county of Cobb, the projected budget deficit for the upcoming 2012-2013 school year exceeds $60 million.

During the first debate on HR 1162, Wilkerson asked his fellow legislators to not abandon traditional public school students. Wilkerson said he is fighting for the more than100,000 students attending schools in Cobb County.

"When are we going to fund our traditional public schools?" said Wilkerson. "When will we make that commitment?"

"Nobody understands our schools better than our local communities," said Wilkerson. "I have heard from Georgia PTA, the NAACP, various teacher organizations, school board members, school Superintendents from across the state, and most importantly parents. They can't all be wrong when saying that HR 1162 needs to be defeated."

MORE ABOUT HR 1162 

HR 1162 IS NOT ABOUT CHARTER SCHOOLS: The proposed amendment would enable political appointees to override the decisions of local school boards and local voters in order to re-direct tax funds to any "special school" the state creates or designates. Charter schools are only one type of special school, and there is a better way to solve the charter school issue without giving up local control or expanding the reach of government in education.

HR 1162 MAKES TAXATION WITHOUT REPRESENTATION CONSTITUTIONAL: HR 1162 enables the General Assembly to re-direct tax funds to any type of special school over the objections of local boards and local taxpayers. The funds would be spent by political appointees, who have no obligation to respect the wishes of voters. There is not an appeals process, no referendum and no proof that a school was denied authorization or is even necessary.

GIVES THE STATE UNPRECEDENTED, UNCHECKED POWER: HR 1162 would give the General Assembly unlimited power to identify what constitutes a "special school" under the Georgia Constitution. The amendment does not define or limit the term "special schools." It also prohibits the Supreme Court from reviewing state use of these new powers by using such a broad term.

BALLOT QUESTION MISLEADS VOTERS: The ballot measure language mischaracterizes the current state of Georgia law: "Shall the Constitution of Georgia be amended to allow state or local approval of public charter schools upon the request of local communities?"

Locally approved charter schools are currently constitutional and this amendment is not necessary to confirm their status. Voters may believe that they are deciding whether any local charter schools may continue to operate, rather than whether the state will be permitted to create its own competing system of local charter schools.

Despite the ballot language "upon the request of local communities," the local community will have no say in the state creation of "special schools" including charter schools.

SUCH A BROAD AMENDMENT IS NOT NECESSARY: The Supreme Court expressly limited their decision to the constitutionality of the Charter Commission Act. Nothing in the Court's opinion questioned the State's power to set standards and regulations for K-12 education or conditions for local receipt of state financial assistance.