State rejects all-boys charter school proposal; Proponents say federal law supersedes Delaware statute

The plug has been pulled, at least for the time being, on a proposed single-sex charter school in Wilmington.

In a letter to Prestige Academy charter school founders and the Red Clay Consolidated School District, state Secretary of Education Valerie Woodruff said it is the Department of Education's position that Delaware charter school law does not permit same-sex schools.

"It's unfortunate that school officials interpreted the charter law the way they did," said Jack Perry, the executive director of the all-boys college preparatory school that would target inner-city minorities.

Prestige and district leaders believe federal law supersedes the older state law, noting that other states have adjusted their code in line with the federal statute.

Perry, who received Woodruff's letter Tuesday, said he will work to change the state law or at least bring about a more friendly interpretation of the current law.

"We are encouraged that the legislative Assembly will do the right thing and follow the intent of the federal law, which allows single-gender schools to exist," Perry said.

Woodruff's letter states that a Delaware charter school cannot restrict student admissions except by age and grade, or by lottery in the case of over-enrollment.

"The provision is clear and unambiguous," the letter said.
Woodruff also wrote that there is nothing in the federal Title IX statute that requires application approval for single-sex charter schools.

"Further," she said, "the department cannot predict how the Delaware General Assembly would view single-sex charter schools. Until such time as the General Assembly weighs in on this complex policy issue, the department has no direction in enforcing the State Charter School Law in its current form."

Woodruff noted that the education department has received an application for federal charter school startup funds from Prestige Academy. But the school must meet the definition of a charter school in order to receive those funds.

After Red Clay received the letter, school board President Irwin Becnel sent a written statement to both representatives of Prestige Academy and the Triangle Neighborhood Association, which worries about an influx of older children in the neighborhood and has opposed the plan for the charter middle school to occupy empty classroom space at Warner Elementary School on 18th Street.

"The Red Clay School Board is unable to give further consideration to the Prestige Academy Charter School until the Delaware Charter School law regarding restrictions on admissions is changed to permit same-sex charter schools," Becnel wrote.

He added that he did not anticipate any action by the board at its meeting tonight beyond reading of the same statement.

Reached at home, Becnel said, "I'm disappointed that Prestige has been hit with this setback." He added that he was speaking about his own personal feelings, not as the board president.

"Everything about the school, to me, is exactly what the district and the city of Wilmington need," he said. "As a charter school, it's going to serve strictly the wants and needs of the people who want to go there. It's strictly choice; you don't have to go there."

Becnel added that the school, much like similar schools that have sprouted up in urban neighborhoods, also would offer longer hours and "provide pseudo-family support to some people who may not have it. So there were other things about this other than the same sex."

Contact Edward L. Kenney at 324-2891 or ekenney@delawareonline.com.
By EDWARD L. KENNEY, The News Journal
Posted Wednesday, December 19, 2007

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Do you think charter schools (which are essentially public schools funded by state and local money) should be allowed to exclude people?

Do you think that same-sex schools are good or bad (educationally speaking, of course)? What are the advantages and disadvantages?

If a town offers an all-boys charter school, do you think they should also be required to offer an all-girls charter school?

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