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Hidden Springs Charter School lawsuit may set precedent

Hidden Springs says Idaho state law governing public school funding should apply to it, too.

BY BETHANN STEWART - bstewart@idahostatesman.com

Published: 05/21/09


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A lawsuit filed by the Hidden Springs Charter School against the state Department of Education was not affected when the Boise School District assumed responsibility for the school, said Joe Saucerman, chairman of the board for the school.

The outcome of the suit is pending, Saucerman said. The court's decision could impact charter school funding around the state.

The charter school filed suit in November, saying the Idaho law that allows public schools to use a previous year's attendance figures to offset declines in enrollment also applied to charter schools.

If student daily enrollment drops significantly from one year to the next, schools can collect, for one year, 99 percent of the money they received from the state the previous year.

Hidden Springs had a significant drop in enrollment but was only paid for the number of students who were enrolled that year.

"We were short last year $250,000," Saucerman said. "We need to get that money to get things squared away."

In the meantime, charter school board members are working on a contingency plan.

State schools Superintendent Tom Luna was advised by Deputy Attorney General Krista Howard in a letter last October that public charter schools didn't fit under this funding provision and that when the attorney general's office had responded differently previously, those opinions were based on "abbreviated legal analysis."

Opinions from the attorney general's office don't set a precedent, but they help state officials navigate the laws.

The Boise School District is not involved in the suit.

"The revenues being discussed affect the current operations of the school," said Superintendent Stan Olson. "Our operations will be completely separate."

Bethann Stewart: 377-6393

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