TESTIMONY

OF

VICTOR C. KIRK, PRESIDENT

VICTOR C. KIRK, INC.

BEFORE THE U.S. HOUSE OF REPRESENTATIVES

COMMITTEE ON THE JUDICIARY

SUBCOMMITTEE ON THE CONSTITUTION

OVERSIGHT HEARING OF THE CIVIL RIGHTS DIVISION

OF THE

DEPARTMENT OF JUSTICE

REGARDING

CHARTER SCHOOLS

THURSDAY, OCTOBER 14, 1999

To the Chair and other honorable members of the Subcommittee on the Constitution, I must first express my sincerest appreciation for your invitation to appear and testify on a subject of such national consequence. There can be no other dialogue of more importance than that which addresses the vehicle of our future as a nation - our children. It is through them that we maintain our competitive edge in the marketplace, transmit our individual and collective values as a people, and reinforce the ideals of democracy for the world to see and hold in awe.

I come to you today as a Southerner steeped in tradition. A tradition that recognizes our unique status in American history - having been reticent towards our display of the full faith and credit to the nations' Civil Rights Laws. Today we return to a core issue the desire for independence from the Civil Rights Laws of the land. On this day, we lead the debate on the efficacy of charter schools without intentionally mentioning states' rights verses federal authority, Article X of the Constitution. Yet, this issue has Article X at its foundation. It is unfortunate but " we are all omnibuses in which our ancestors ride, and every now and then one of them sticks his head out and embarrasses us". -Oliver Holmes-

I am a proponent of the charter school concept. However, it is my belief that as a public school, it shares a unique responsibility to report student achievement and other demographics within the larger context offered by desegregation compliance. Also, as a former member of the executive team of a local urban school system it was my responsibility to design the operational parameters within which participation in the charter school demonstration program was determined. Additionally, as former Director of the Baton Rouge Region of ACORN, I have on occasion testified for and against modifications to existing state law that sought the expansion of and granting exemptions to charter schools.

I stand behind my research that suggests the more successful charter schools began small. This fact was affirmed by a report issued by the U.S. Department of Education in a joint project with the University of Minnesota, and studies performed by the present Governors' Education Advisor. I sleep peacefully knowing that I helped construct either language or models of implementation, which safeguards the rights of those children who must depend on a public education.

On the surface, two parallel systems of public K-12 education, sounds intriguing. Yet as we know the devil is in the details. There is an inherent philosophical contradiction that must, somehow, co-exist, the right to effect experimentation within public charter schools and a nations' obligation to the enforcement of civil rights -.

As you are aware, charter schools have the support of the President, many within the business community, and parents whose children attend them. The public has a compelling interest in their survival for the concept of competition and the results thereof are at stake. As a true business model, charters must not be insulated from failure nor particularly removed from public scrutiny. The absence of federal reporting on the charter's basic obligation to mankind must remain in tact. The establishment of desegregation indices is fundamental reporting for those schools in the public domain.

Many proponents of charter schools will lead you to believe that educational outcomes remain the sole discourse and purpose of their presence. They will contend that growth is restrained by the enforcement of civil rights and other laws. They will assure you that they are honorable people intent on upholding the intent of Congress to effect increased educational outcomes by the removal of "barriers" to school success. They will be appalled at any mention of race, preferences, and protections, for they are all Americans and equal under the law.... until there is a drought in the farm-land, steel from a foreign-land, and crawfish from China-land. These schools must not be allowed to operate without consideration to the damage it may cause to the fragile desegregation implementation in the East Baton Rouge Parish Public School System.

Accountability, however, is not synonymous with failure. Yet, accountability includes tracking and fully reporting the movement of students by meaningful categories. Private businesses; upon entering the public marketplace, must play by the basic rules. In addition to business plans, feasibility studies, and profit and loss statements, federal reporting is essential. Accountability, therefore, includes determining whether the tenets of Brown are applicable and enforceable, and affirming that issues of equity and parity remain at the forefront of school choice.

In my state, the charter school movement has advanced rapidly, from eight demonstration school systems in early 1996 to the formation of Type 1, and 2, schools. Type 1 designates a local school system supported charter school and type 2 recognizes a state authorized charter school. The Type 2 designation evolved as a means for Charter Schools to seek redress to the State Board of Elementary and secondary Education (BESE) of a local system's denial of a charter.

The State of Louisiana also provides legislatively appropriated dollars and grants from the U.S. Department of Education that insulate the "charters" from the funding wrath initially flung by local school boards. These funds are designed to facilitate planning; $5,000; $20,00 for start-up; $50,000 for first year incidental expenses; and, a $100,000 no interest loan for either operations or capital expenses. For those charter schools having to fight a desegregation order, $5,000 is made available " to help cover the cost of legal representation".

Complaints to the Governor that local school boards were determined to stymie their growth were responded to by the introduction of legislation containing 35 amendments to the original bill. In effect, this legislation removed the demonstration status of charter schools in Louisiana. The five-year "experiment" ended abruptly in year two. Coupled with an Accountability System that calls for "reconstitution" and eventual "de-certification" of poor performing schools, the state is poised to issue "public vouchers" to parents wishing to remove their children from schools so designated. The Senate Education Committee of the 1999 session of the Louisiana Legislature came close to repealing the "public" school voucher concept with "any" school. The ideological bent appears headed toward setting a course for the dismantling of public education. Certainly all the critical elements for this metamorphous are present in Louisiana.

The advent of "public vouchers" in addition to the creation of charter schools is certain to become an enforcement nightmare. Presently more than 27 school districts in our state are under review by the Eastern, Western, or Middle Federal District Court. Charter Schools are not required to declare attendance boundaries; thus, each case within each district is subject to review in order to design a compliance methodology. State law requires compliance with desegregation orders as well as with any other federal law that a state and public school must pledge adherence. Neither the governing bodies of Charter schools nor the Civil Rights Division has sufficient staff to provide technical support to and desegregation planning for charters. An oversight I employ you to address this funding cycle.

It has become apparent that your advice and counsel are required. You are being asked, on the one hand, to "free Willie" - the charters, and on the other to sacrifice constitutional guarantees - "Civil Rights". As you deliberate, I leave you with the following quote:

" I believe in the United States of America as a government of the people, by the people, for the people, whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American's sacrificed their lives and their fortune. I therefore believe it is my duty to my country to love it, to support its Constitution, to obey its laws, to respect its flag and defend it against all enemies."

William Tyler Page - " The American Creed" adopted by the U.S. House of Representatives April 3, 1918

Soon we will hear your response. We are hopeful your voices will affirm "The American Creed".

Thank you.