MASA eLeader

State Attorney General Mike Cox released an opinion July 21, 2009, stating that Detroit Public Schools is no longer a so-called first-class school district, giving the green light for more charter schools in the city.

Cox released the opinion at the request of state Superintendent Mike Flanagan, who asked for clarification on whether he had to allow new charter schools if requested.
DPS lost the designation because enrollment is below the 100,000-student requirement. The designation had barred other entities from opening more charter schools in the city. Currently, 32 charter schools in the city compete with DPS for students and funding.
With the change in designation, other issues such as the number of school board members also could be affected.

State laws that govern the Detroit Public Schools are contradictory now that the district has only about 93,000 students, but this much is clear: More charter schools could legally open within the city.

Charter schools compete with DPS for students and funding, enrolling 20,816 students in Detroit last year. But so far, the two community colleges that could open new charter schools in the city have not expressed interest in doing so.

State Superintendent Mike Flanagan said he was thinking ahead when he asked for a ruling on the possibility of new ones in Detroit.

"We wanted to be prepared in the event a request came in," said Martin Ackley, spokesman for the Michigan Department of Education.

Cox may have clarified the question about charter schools in the city, but a problem persists: The state law that regulates school funding was changed last year to define a first-class school district as one with 60,000 students or more. However, the state law that regulates operation of schools — the Revised School Code — maintains that a first-class school district must enroll at least 100,000 students.

Robert Bobb, the state-appointed emergency financial manager for DPS, said he supports the prospect of more competition and supports charter schools.

"However, we know from the track record that charters alone do not provide academic reform, and there also needs to be a reform-focused agenda as it relates to charters," he said.