The $43M question: Charter school debate reaches Massachusetts' highest court

BOSTON — Nearly a year after Massachusetts voters rejected ballot initiative to lift the limit on charter schools in the and increase the number of students allowed to attend them, supports brought their argument to the state’s highest court.

Boston 25 News reporter Crystal Haynes has been reporting on the issue since that vote, and was in court as arguments were heard Monday.

It was the most expensive ballot initiative battle in state history, with both sides spending $43 million. When supporters learned it had been defeated, they vowed to keep fighting.

Last year, the case was defeated again in a lower court, but the debate continued on to the Massachusetts Supreme Court.

In Boston, the number of students enrolled in charter schools is currently capped at 18 percent. The number of charter schools is capped at 9 percent.

"We're really focused on the enrollment cap,” Kevin Martin, an attorney for the plaintiffs, said. "With so many failing schools in Boston, it's unfair and unconstitutional to cap the number of charter school seats because that leaves thousands of children trapped in failing public schools.""

According to a recent school department analysis, more than two dozen Boston schools are at risk of being declared "underperforming" due to low test scores.

But attorneys from the NAACP, the Attorney General's Office and the Lawyers Committee for Civil Rights and Economic Justice representing students and families say charter schools haven’t been proven to be better and syphon money from public school districts.

“The court has never found that a particular type of school or a particular type of education is constitutionally mandated. What is constitutionally mandated is adequate funding to educate all of our children,” attorney Melissa Allison, an attorney representing the NAACP, said.

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The defense also argues that taking money away from public school districts hurts the students, including the majority of ELL students and students of color.

“You’re not going to improve the 96 percent by taking funds away from them. That’s going to reduce the opportunity for them to get an adequate education,” Juan Cofield, president of the New England Area Conference NAACP,said.

The defense argues that simply isn’t true.

“There’s absolutely no evidence of that. We haven’t even gotten to the stage of the case where evidence can be taken. And as a matter of state law that can’t be the case,” Martin said.

The state supreme court takes roughly 130 Days on average to issue a decision on cases but it could have sweeping impact on the charter school landscape in Massachusetts.

MORE: Charter school dispute heads to Massachusetts high court

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