Nonprofit Mississippi News A judge struck back at Mississippi charter school supporters Tuesday by upholding the constitutionality of the state law that created charter schools. Dewayne Thomas, Hinds County Chancery Court Judge, stated that the court did not find sufficient evidence that charter schools were funded in a manner that is inconsistent with state laws. Krystal Cormack, Chair of the Mississippi Charter School Authorizer Board, stated that she was happy with the decision. Cormack stated that she was hopeful that the court’s decision would encourage more qualified operators to apply for charter school funding in Mississippi. “Judge Thomas’ ruling affirms Mississippi charter schools are free public schools, and therefore are eligible for public funding.” This decision follows a long-running legal battle. In July 2016, the Mississippi Southern Poverty Law Center filed a lawsuit on behalf of Jackson parents who claimed that the charter school law was illegal and detrimental to their children. Two sections of the Mississippi constitution were cited in the lawsuit. They state that school districts’ ad valorem taxes, or local funding, may only be used to maintain schools they oversee. Another section of the Mississippi constitution was also mentioned in the suit. It states that the Legislature cannot appropriate money to schools that are not “free schools.” According to the lawsuit, a school is considered “free” if it doesn’t charge tuition and is regulated and supervised by the state superintendent and local school district superintendent. The Mississippi Charter School Authorizer Board oversees charter schools. This gives teachers and administrators greater flexibility than traditional public schools that fall under the control of the state Board of Education. The state funds charter schools on a per pupil basis based on the school’s average attendance or number of students who attend at least 63 percent of school days. Local tax receipts also provide funding. A charter school allows students to enroll in public schools, but the money would otherwise go to the district. Five charter schools were approved since the charter school law was adopted in 2013. ReImagine Prep and Midtown Public Charter School in Jackson each operate as middle schools. Clarksdale Collegiate Prep has been approved for opening in the 2018-19 school years. Joel E. Smilow Collegiate will open next year as an elementary school. In Hinds County Chancery Court, both parties presented their arguments in April 2017 and December 2017. Thomas stated that the core of the lawsuit is, in his opinion, the question of local tax dollars being used to support charter schools. Thomas ruled that charter schools cannot charge tuition and there is not enough evidence to show they are not free schools. Lt. Gov. Tate Reeves made a statement supporting Tuesday’s judge’s decision. Reeves stated, “I appreciate that the Court recognized the Legislature’s obligation to improve education attainment levels for all students.” “It’s now for the coalition of status quo to stop fighting with us in courts, and join us in focusing our efforts on education all Mississippi children.” The plaintiffs’ attorneys plan to appeal Tuesday’s decision. Although this decision is disappointing, it does not mean that we have given up on our fight for Mississippi’s children. “We plan to appeal the case to the Mississippi Supreme Court as the future of our schools is dependent on it,” Will Bardwell (an attorney representing the parent group in the SPLC) stated in a statement. Jackson schoolchildren will have lost millions to private charter schools by the time the Supreme Court hears the case. Every public school student in Mississippi owes it to us to keep fighting this battle.”