Dispute centers on language of the law

When Ramsey City Council Member Matt Look was trying to decide where to send his son to kindergarten next fall, it wasn't hard to choose between a school that was a 40-minute bus ride away and a charter school that was 2 miles from home.

But the closer school happened to be PACT charter school, which has one of the longest lists of hopeful applicants in the state -- about 1,600 students waiting for 540 spots in grades kindergarten through 12.

Look thought his son would move to the top of the list because he is a Ramsey resident, and according to state law, if a charter school is the only school in a town that offers a specific grade level, residents of that town get preference. In Ramsey, there is no school that offers kindergarten or grades 6-12.

The PACT school had a different view and told Look that Ramsey is a city, not a town, so the law doesn't apply. PACT is being backed by the Minnesota Association of Charter Schools, whose executive director says charter schools were never intended to serve students in a specific city.

Now Look has sued the school, the result of which could affect about a dozen charter schools. State education officials have supported his view on the language of the law. "I thought that's really unfair," Look said. "Ramsey isn't a town, but the difference isn't anything monumental."

Dan DeBruyn, PACT's administrator, said he believes the law uses the word "town" because it is referring to small outstate communities, rather than cities like Ramsey.

Legislator weighs in

DeBruyn wants PACT, which stands for Parents Allied with Children and Teachers, to continue giving preference to siblings of enrolled students. If the school has to give preference to Ramsey students, it loses its ability to attract a diverse population, DeBruyn said. "It shouldn't be about where you live because often where you live is related to how much money you make," he said. "Charter schools should be open to everyone."

But the Minnesota Department of Education (MDE) and the legislator who introduced the language several years ago, former Sen. Tom Neuville, say that there was never meant to be a distinction between town and city.

"MDE interprets the statute to use the terms 'city' and 'town' interchangeably for purposes of fairly applying this statute and honoring its intent to provide fair and practicable choices for students with a geographic or family need to attend a particular charter school," wrote Chas Anderson, deputy education commissioner, in a letter. DeBruyn said the letter isn't a legally binding opinion.

Neuville said he drafted the language after a charter school in Nerstrand, a small community, wanted to guarantee that students from the community would be able to go there. "We didn't want people from Faribault taking advantage and going to Nerstrand, because they have other public school options," he said. "There was never an intent that it only applied to schools that were in towns. That would be ridiculous," he said.

Eugene Piccolo, head of the Minnesota Association of Charter Schools, said charter schools thrive when they can draw students from a widespread area. Charter schools are like public schools in that, by law, they must accept any student, but they each have a unique focus that is supposed to differentiate them from other public schools, he said.

"That's a concern, that people will want to attend the school for the convenience and not the program," he said. "That doesn't help the school fulfill its mission."

Look and his attorney, fellow Council Member John Dehen, said charter schools have to accept students regardless of their motivation for attending the school.

"These Ramsey kids are disadvantaged because they can't go there," Dehen said. "My first-grader sits on a bus for 40 minutes to get into Anoka. Why would he do that if there's something closer?"

Lora Pabst • 612-673-4628