Dear Attorney General Olens,
I read with interest your letter to State Superintendent Dr. Barge posted on 10/3 in Jim Galloway's column http://bit.ly/T1zoI1. You have advised Dr. Barge that school boards are prohibited by law from opposing or advocating the ratification of a constitutional amendment, directly or indirectly through their associations, because they are using public resources to do so.
I would like to know how this decision applies to the Georgia Charter Schools Association who is actively involved in promoting passage of this amendment. The GCSA receives membership dues from charter schools in the state. Please refer to the 2010 - 990 Form here http://bit.ly/T1zoI1. On page 9, Part VIII, Statement of Revenue, it shows on line 1. b. Membership Dues $81,050. These membership dues are from public charter schools, which receive the majority of their funding from public resources.
I feel it is essential to ask the Georgia Charter Schools Association to cease their advocacy in favor of this amendment. I am not aware of any stipulation of a percentage threshold of public resources received, which would allow or disallow advocacy in this case. Please advise the good voters of Georgia if there is one.
Thank you for your timely consideration in this important and sensitive matter. I apologize for asking this is in a blog but it is really the only avenue left for a parent without a lawyer on retainer to be heard in this particular case.
Elizabeth Hooper
Click Campaign Information, then scroll down to "other than candidate committee search" and choose "constitutional amendment or statewide referendum" to search for PAC contributors. If you just put the letter "a" in the search engine you'll get a pretty complete list of PACS, sort through and choose the ones having to do with education/schools and click on them to access their contribution and expenditures reports. Families for Better Public Schools is the largest PAC listed "for" the amendment, Vote Smart No is the largest "against" the amendment. @GCSA Director, do the school board and superintendent membership organizations require a per student/per school fee?
I've been wondering about that ever since I read that erroneous GCSA handout. Also, I have personally encountered charter parents who said they had been told by GCSA staffers that there is NO appeals process available to charter schools turned down by school boards...which is patently not true: there is currently one available via the Georgia State Board of Education. I get that the GCSA wants another appeals process which a new, unelected Charter School Commission would provide but why the lie?
https://eboard.eboardsolutions.com/Meetings/ViewMeetingOrder.aspx?S=1262&MID=25698
Word is that "parent trigger" legislation is next and another ramp up of the infamous tax credit scholarship program. Can't wait.
FWIW, I was speaking with my tax advisor recently. She recommended that I contribute to an SSO even though I send my kids to public schools since it would save me on taxes. Confused, I asked why? The answer was simple yet devious at the same time. I'll explain the best I can: Some people are subject to Alternative Minimum Tax (AMT). The AMT calculation, reduces certain deductions including those for state income taxes paid which results in higher federal tax liability. SSOs provide a partial solution. For federal tax purposes, SSOs are considered Charitable Donations and charitable donations aren't reduced for AMT tax calculations. By using the SSO to shift part of my state liability to the SSO, I could pay less federal taxes. The math is simple...A married couple subject to AMT shifts $2,500 of their state taxes to an SSO and receives a federal tax deduction. If they're in the 28% bracket, the SSO saves them $700 on their Fed taxes but costs them $0. If they're in the 35% bracket, it saves them $875. There are three results of this: 1. The IRS receives less money than it should. 2. The GA Dept of Rev receives less money than it should. 3. SSOs receive money to use for un-regulated Private School Scholarships w/ no accounting. My advisor told me that many people are doing this and it has nothing to do with a belief in private shools. Just tax savings!
(Plus $500 from President/CEO, GA Charter Schools Association and $1K from McKenna Long & Aldridge, who, BTW, provide legal services for the PAC.) (This is all on the Georgia Government Transparency and Campaign Finance Commission, formerly the State Ethics Commission, website that Jen provided the link and navigation directions for above. Thanks, Jen!) The state legislature creates the budget; ALL the taxes collected in Georgia included there. School boards and superintendents are restricted in informing the voting public of the facts of the proposal, but state legislators can form and lead a group to spread misinformation? How does that make sense?
Thank you GCSA Director for pointing out that,once again, another Hooper accusation is uninformed and wrong. Vote YES to 1162 and NO to districts like APS, Bibb, Dekalb, and Clayton that Hooper and her buddies are trying desperately to protect funding for. That's all this is about for them: More funding for a failed model of education while insisting on no accountability.
If only they channeled their hatred of charter schools & parental choice into a movement to remove some of the insidious federal regs preventing teachers from being able to do their jobs (like NCLB, for example, or giving teachers more disciplinary power), public education might better fit the needs of the tens of thousands of parents who opt out of the public ed. system for private, charter, or home-schooling options. But no - as evidenced by the anti-1162 movement, the only thing they seriously concern themselves with is anything that threatens their incessant needs for More Funding.
----------------------------- If that's the case, how did the CCSD super & board pass their anti-1162 Resolution just last spring and why weren't they prosecuted? Personally, the last thing I need is a school board and superintendent telling me how to vote. I suspect many voters feel the same. Anyone needing such a group to tell them how to vote probably shouldn't be casting a vote in the first place.
Do you want the governor telling you how to vote? Or a state legislator with vested interests? Fulton just posted a Q&A, without direction on voting "yea" or "nay," but they were included in the complaint. Who should be afraid of voters getting the facts? (Maybe those who want to share an alternate version?) Noting once again - if those about whom the AG received complaints are under gag orders, so should be the governor, et al.
Unfortunately, the CCSD board and numerous PTAs continue to flaunt their illegal behavior by actively using taxpayer-provided resources to campaign for a clearly-liberal, clearly-Democrat NO vote. The CCSD super and some PTA Presidents need to be arrested, just to make a point that noone is above the law. From what I've read, the governor complied and took down his website YES message. I won't hold my breath waiting for the NO crowd to adhere to anything requiring ethics or legality.
And now this pro-amendment group is COSTING our school system money to pay lawyers to respond to this frivolous suit. I hope we can counter-sue to recoup the expenses, as I GUARANTEE this will cost more than creating that FAQ did... http://www.therepublic.com/view/story/de30a3e16d2941ddb68cc02a86b2155d/GA--School-Boards-Lawsuit-1st-Ld-Writethru (You want some bad PR, just try to arrest some PTA presidents. They ARE allowed to express their opinions. ACLU will be on that case in half a hearbeat.)
That doesn't smell right, does it?
Holly is correct - the parent trigger law would require 50% plus one parent to vote on closing a school. This measure is widely supported by "pro-school choice" advocates. It has been very controversial. Glenn Delk, the attorney who has just filed the lawsuit against 180 school districts is a big proponent of the "trigger" law. He would like it to apply to all schools, not just failing schools. Parents options if the trigger is pulled - turn the school over to a for-profit charter operator or give everyone an SSO type scholarship to go to whatever school they want. If they can't get transportation to a private school or pay the balance of the tuition? Not his problem. The SSO legislation was introduced in 1998 while many people, including myself, were fast asleep. The Georgia Family Council is a big backer as is any organization which supports privatizing public education - the legislation was awarded the prestigious (not) "Black Hole" award this past year - google that one please. Stephanie Saul from the NY Times also did an extensive story on it. There are many people who want to privatize education because they are "free market" advocates and many others who want religious education paid for by public funds. The SSO program is a back door mechanism for this - I think its fair to say that most schools receiving SSO money are religion based. They have gotten around the constitution. The money is removed from traditional public schools at the same time. Double win.
It's why they're completely silent on How To Improve Public Education, except to complain for More Funding.
Contrary to your belief, PTA presidents aren't allowed to hold meetings on public facilities and express their opinions at such meetings. Though the recent ruling does indeed show that the legal system is predictably in the pockets of the failed, liberal public education system too, apparently. If it's true that Deal campaigned for 1162, then I'm glad. Clearly, the NO crowd sees no problems whatsoever with breaking the law to advance their Agenda of Failure and Mediocrity. When in Rome, do as the Romans.
As far as PTAs, they are permitted to voice an opinion on an ISSUE as long as it is not their main purpose. Just as churches can operate at a school during the confines of their service, PTAs, during the confines of a meeting, may express their position on issues.