School-rules waiver clears House panel

Backers: Evens contest with charters

A legislative committee advanced a bill Tuesday that would allow public school districts to apply for the same waivers as open-enrollment charter schools that operate nearby.

Supporters of House Bill 1377, sponsored by Rep. Reginald Murdock, D-Marianna, said it will benefit school districts, specifically those in the state's Delta region, by allowing them to compete with charter schools that draw students from their schools. Opponents said state law already allows school districts to create campus-based conversion charter schools called schools of innovation that could compete with those open-enrollment charter schools.

The bill narrowly passed out of the House Education Committee in an 11-to-5 vote after almost two hours of debate. Legislation requires support from 11 of the 20 members on House committees to pass.

"It would give public schools that have public charters in their area, that draw from their population -- they're allowed the same flexibility that those public charters have to deliver education," said Murdock. "The public school would go through a process, they would choose the waiver, apply to the state board, defend it as to why it would help them and give a plan. And if it's approved, they could use it."

Murdock said the waivers that open-enrollment public charter schools can apply for include exemptions on teacher certification requirements, the ability to lengthen school days or the school year and the ability to waive certain student disciplinary requirements.

He said that can give the charter schools an advantage when it comes to hiring teachers, especially in the rural, economically depressed Delta region, where districts have complained of a shortage of qualified teachers.

The charter schools can apply for waivers that would allow professionals who lack teacher certification to be employed as teachers based on their previous experience. For example, if a chemical engineer retired early and moved back to Arkansas, a charter school could apply for a waiver to hire that engineer to teach chemistry. But a public school district would not be allowed to hire that engineer under current state law.

"What we want to do as a school district is look at all of the waivers that are possible and find the best fit for our school district," said Willie Murdock, Rep. Murdock's wife and the superintendent of the Lee County School District. "We will probably have our task force review it to make sure we are doing what is in the best interest of the students first and the community. We want to make sure that we check everything so that we do what's best for our student population."

Superintendent Murdock said open-enrollment charter schools have drained students from her district and the waivers would create a level playing field.

The legislation would give public school districts the ability to apply to the state Board of Education for the same waivers as open-enrollment charter schools in their district. The board would have 90 days to decide on the petition.

If a waiver is granted, it would last only as long as the waiver at the open-enrollment charter school. If the charter school closes or the waiver is revoked, the waiver at the public school district would also be revoked.

Rep. Justin Harris, R-West Fork, asked whether the legislation would be a "dig at public charter schools that are working," while watering down public school district requirements.

"What you're talking about is exactly what is intended ... for public charter schools are intended to do, compete with the public schools so that they have to continue to work harder ... so there isn't an exodus to the charter schools," Harris said. "There's a competition, which is the point -- that public schools can arise to the challenge to be as good as the charter schools."

Murdock said the legislation provides a tool for those public-school districts losing students to charter schools to compete.

"It may not be necessary in Springdale. It may not be necessary in Benton. But it may be very necessary in Forrest City, in Marianna, in Helena," Murdock said.

Rep. Charlotte Douglas, R-Alma, said the emails that she has received about the bill were surprising.

"I thought I would be getting ideas from teachers saying, 'thank you so much for opening up so I could think outside the box,'" she said. "Where is the disconnect between what you are trying to do ... and the fear of licensure and unemployment?"

Murdock said the bill would not place unqualified teachers in classrooms or water down education, like some emails have said. He said if the districts receive a waiver on hiring certified teachers, those teachers would still have to pass a Praxis teacher assessment exam.

The bill will move to the House floor later this week.

Metro on 03/04/2015

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