TPS' lawsuit plan is under fire

Lawmakers and charter school officials question the district's motive.

Two Oklahoma legislators say Tulsa Public Schools' planned lawsuit over the state's charter school law reveals the district's dislike for charter schools, not its concerns that the law violates the state's constitution.

The school board voted Monday night to authorize a lawsuit against the state Department of Education regarding the 1999 Oklahoma Charter School Act.

The lawsuit is the only venue through which the law's constitutionality can be determined, according to the school district's attorney, Doug Mann, and school board member Matt Livingood.

TPS will contend that the law violates the provision in the Oklahoma Constitution against "special" or "local" laws because it applies only to school districts in Tulsa and Oklahoma counties.

Several lawmakers strongly disagree, however.

Rep. Tad Jones, R-Claremore, chairman of the House Education Committee, said Monday, "I'm extremely disappointed in the Tulsa school board for challenging this bill, especially since it helps address the constitutional concerns that they raised last year."

Supporters of the legislation say the Oklahoma Supreme Court ruled in a 2006 case -- City of Enid v. Public Employees Relations Board -- that a population restriction is constitutional.

Rep. Jabar Shumate, D-Tulsa, said he is appalled by the school district's pursuit of litigation

"TPS is wrong, and their attorneys are not being fair," Shumate said.

"Our Supreme Court stated as early as a year ago that the Legislature can pass laws that are population-oriented and not specific to a particular city."

The change made this year in the law says that counties that contain districts with at least 5,000 students can sponsor charter schools, Shumate said.

Charter schools receive public funding through a sponsoring school district but are governed by an independent board. Tulsa has three charter schools: Deborah Brown Community School, Dove Science Academy and Tulsa School of Arts and Sciences.

Livingood has said those schools are not the intended target of the lawsuit, although they could be affected.

Shumate said the charter schools in Tulsa are making a difference where the public schools have failed.

"The reason why there's a fight here is because those (charter) schools are showing that kids can learn no matter how they look, where they come from," he said. "They can learn if we put the resources into reaching kids where they are."

Harold Roberts, director of development for the Deborah Brown school, said the school wants out of its charter with Tulsa Public Schools and never has received support from the district.

"We think the actions of TPS" on Monday evening "are indicative of their attitude about charter schools," he said. "They have basically been anti-charter schools."

Roberts said Deborah Brown officials have battled repeatedly with TPS on nonsubstantive issues regarding its contract renewal.

The recent change in the original charter school law enables universities to sponsor charter schools, and Roberts said Deborah Brown is eager to end its relationship with TPS and enter a new sponsorship with Langston University.

He said the school sent a letter Oct. 23 to TPS Superintendent Michael Zolkoski asking to be released from its contract. The district has yet to respond, Roberts said.

"The fact that the law allows higher education to consider charter school sponsorship, that's what's giving them heartburn, because we don't have to go to them anymore," he said.

TPS officials said they did not receive the letter, although Roberts said it was sent by certified mail.

Roberts said Tulsa Public Schools receives 5 percent of the state funding for his school, which amounts to about $100,000 a year.

"The response we're now getting is they're obviously not planning to release us from the contract," he said. "If you could get $100,000 a year for doing nothing, (why not) keep getting it?"

Langston University President JoAnn Haysbert said the university wants to sponsor the Deborah Brown school and has told Tulsa district officials of its interest in doing so.

Haysbert said she wrote to Zolkoski in October requesting that the district transfer the Deborah Brown school's charter to Langston.

"The students and the record of the Deborah Brown school speaks for itself," she said. "If we're going to sponsor a school, it would certainly be one that is carrying out the teaching an learning process."

Haysbert said she has not received a response from TPS but continues to be interested in sponsoring the school.

Dove Science Academy Principal Fevzi Simsek said in an e-mail that he has received many inquiries about the issue from parents.

"We believe that the Charter School Act is constitutional," he wrote. "We think it is wasting public money to challenge Charter School Act."

Nora Froeschle 581-8310
nora.froeschle@tulsaworld.com