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A legislative committee advanced a measure Tuesday that would gradually shift some of the cost for charter schools from the state to local school districts over the objections of some who said the public wasn't given enough time to comment on the controversial idea.
The House Education Committee voted 8-5 to advance HB313 to the House floor. Proponents say the bill would more fairly fund charter-school students while opponents say it could result in higher property taxes for school districts.
Charter schools are independently run public schools. But because they can't raise property taxes, part of their funding comes from what's called local replacement money — 75 percent from the state and 25 percent from school districts. Next school year, under this formula, the cost of that local replacement money for the state is estimated to be $67 million.
HB313, sponsored by Merlynn Newbold, R-South Jordan, would shift that cost onto school districts over 13 years. She said if her bill passes, the state could give the $67 million back to districts, and districts would send part of their property tax revenue to charters in proportion to how many district students attend those charters. Now, she said, districts with fewer students attending charters are "subsidizing" districts that have many students attending charters.
"House Bill 313 creates a more even playing field for per-student revenue," Chris Bleak, president of the Utah Association of Public Charter Schools, told the committee. "This bill would more closely tie the local funding to each individual student, allowing the money to follow the kid to the school of their choice."
But opponents of the bill say it could leave some school districts scrambling for cash to make up for the dollars they'll have to send to charter schools.
"It will mean that some services in school districts will be ceased or a tax increase may be triggered," said Patti Harrington with the Utah School Boards Association and Utah School Superintendents Association.
Opponents also expressed anger Tuesday that the bill — an idea that has been discussed for years — is just now coming up for debate, less than two weeks before the end of the legislative session. The Legislature has considered similar bills for the past three years, always in the last days of the session. On Tuesday, the committee allowed just six minutes of public comment because of time constraints.
The House and Senate majority caucuses have already discussed the idea this session in meetings closed to the public. Senate Majority Whip Wayne Niederhauser, R-Sandy, said Tuesday that among Senate majority caucus members, there was general consensus that the cost should be shifted to school districts over six years.
"We're talking about a significant piece of legislation before the committee with 30 minutes of discussion," said Kory Holdaway, of the Utah Education Association, which opposes the bill. "I don't think that's adequate in terms of being able to allow public comment. I don't think it's adequate in terms of making a significant policy decision related to this issue."
Claire Geddes, a longtime activist and former director of Utah Legislative Watch, called the timing of the bill and the lack of public input "atrocious."
Kim Frank, policy and advocacy director for the charter school association, which has been working with Newbold on the bill, acknowledged that the idea has long been discussed, but said that's all the more reason to pass it now.
"When folks say that this is way too fast, that we can't do this this quickly, that's outrageous," Frank said. "We've been discussing this for seven years. That is long enough. Every Legislature, it seems over the last seven years, we get to the last couple of days of the session and then we kick the can down the road. We've got to stop kicking the can and take responsibility to fund every student in the state."