Youngkin promises 20 new charter schools statewide, but how? Details may emerge during General Assembly session

Virginia Governor-elect Glenn Youngkin centered his campaign around education issues, capitalizing on the frustration of parents whose children’s education has been upended by the pandemic.

His “day one” public plan for education includes creating at least 20 new charter schools across the K-12 spectrum to provide choice, though it provides no specific details about how he envisions that occurring.

“We have to press forward with an aggressive program. . . to launch up to 20 charter schools in this first year,” Youngkin told the Citizen last month. “This is absolutely receiving bipartisan support.”

Charter schools are public schools but are independently operated under their own governing boards, unlike traditional public schools that are under authority of local school boards. This gives charters freedom in most areas, including curriculum, staff and budget. Charters are publicly funded, tuition-free and open to all students.

There aren’t any charter schools in Henrico, and Henrico School Board Chair Roscoe Cooper, III, said he doesn’t support funding charters with public money.

Virginia has seven charter schools, according to the Virginia Department of Education, while North Carolina and Maryland both have upwards of 100.

State legislators said that they anticipate legislation proposed in the upcoming General Assembly session that would expand the charter school authorization process. No bills related to charter schools have been pre-filed, however, as of Monday afternoon.

Under current Virginia law, each locality’s school board decides whether or not it wants a charter school. There is no appeals process, and school boards always have the final say.

Zero applications for charter schools were submitted to school boards last year, according to the VDOE.

“Because why waste your time when every school system is just gonna put it in the trash can?” said Del. Glenn Davis (R- Virginia Beach), who will serve as chairman of the House Education Committee this upcoming General Assembly session. “We have some of the worst charter school legislation in the nation right now.”

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Republicans now control the House of Delegates after being in the minority for the last two years. Democrats still hold a majority in the Senate – with a 21-19 advantage – splitting control of the state legislature.

Typically, Republicans support charter schools while Democrats want resources to go to traditional public schools.

Del. Schyuler VanValkenburg (D-Henrico), a Glen Allen High School teacher who sits on the House Education Committee, said he’s skeptical of charter schools.

“I think nine out of 10 times, charter schools hurt local communities, they further segregate them, they pilfer resources,” VanValkenburg said. “There's a reason we don't have that many charter schools — not that many communities have organized around gaining one.”

Legislators in support of charter schools want to upend the system and create a pathway for charters that doesn’t entirely depend on a school board’s approval.

Sen. Joe Morrissey, a Democrat, said he supports changing the authorization process and giving the state more of a say in the formation of charters.

Though Morrissey is a Democrat, he and Sen. Chap Petersen (D-Fairfax City) have a history of allying with Republicans on key issues like education. Democrats hold a 21-19 advantage in the Senate, so both are in a position to help pass Republican priorities that typically wouldn't pass through a Democratic majority. This upcoming session, former GOP Del. Winsome Sears will preside over the Senate as lieutenant governor and cast tie-breaking votes.

“I am one of those very, very, very few Democrats that is a supporter of charter schools,” Morrissey said. “I believe charter schools raise the bar for education, and that's why I support it and will continue to support it.”

Both Morrissey and Davis said they expect getting pro-charter school bills through the House of Delegates to be a done deal — though VanValkenburg said it’s not a slam dunk.

“I think it’s going to be a very live issue,” VanValkenburg said.

Though the Senate has a Democratic majority, “there are a number of reasonable Democrat senators on this issue,” Davis said.

The big lift for the Republicans likely could be getting pro-charter school legislation through the Senate Education and Health Committee.

The office of Sen. Louis Lucas, who chairs the committee, did not respond to requests for an interview.

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Many of Henrico School Board’s legislative priorities clash with Youngkin's campaign promises.

HCPS opposes the formation of charter schools in the division and any legislation that would remove or limit local school board authority over any established schools in its division, according to documents outlining the board’s legislative priorities.

“Such schools should not be mandated but should continue as a local option for local school boards,” reads HCPS’s legislative program for the 2022 General Assembly.

Del. Rodney Willett (D-Henrico), while not flat-out dismissing charter schools, said that a push for a mandate across the state would be “tough,” and that he supports the current system.

“I think we [Democrats] always are going to put the traditional public schools first,” he said. “I think the question is: are there more options to come?”

As it stands now, there is no appeals process. If a school board rejects a charter, the charter can ask the school board to reconsider. But the school board has final say.

Proposed legislation could provide an alternative, such as an appeals process to the State Board of Education, whose nine members are appointed by the governor and subject to confirmation by the General Assembly. Appointments to the board are not at the pleasure of the governor, so the sitting members will serve until their terms expire.

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Anna Bryson is the Henrico Citizen's education reporter and a Report for America corps member. Make a tax-deductible donation to support her work, and RFA will match it dollar for dollar.