Behning: Local gov’ts can’t use zoning to block charter schools

A zoning fight over a charter school location in Indianapolis last year ruffled feathers of charter proponents – and apparently House Committee on Education Chair Bob Behning (R) of Indianapolis, who is proposing legislation to stop that from happening again.

Early last year, the MSD Washington Township leaders and community members attempted to use rezoning hearings to stop Paramount Schools of Excellence from opening a new all-girls charter school near the district. Now, Rep. Behning is proposing in one of his omnibus education bills to prevent local governing bodies from using zoning standards to block charter schools from locating their communities.

HB 1515 contains a number of provisions, and it originally started as a bill to allow charter schools and accredited nonpublic schools to establish their own police departments. The measure would also allow private school principals to attend the Indiana Principal Leadership Institute.

Chair Behning in his committee amended the bill to add the language concerning zoning regulations on charter schools, as he was asked by groups representing charter schools to address what they see as an unfair barrier to stop charter schools from moving into communities, following the conflict in Washington Township. Under the Behning measure, there would be limits placed on the ability of a county, city, or town to use its planning and zoning authority to regulate the use of school property by school corporations or charter schools. Additionally, the bill stipulates that charter schools are permitted in all zoning districts and that a unit must prioritize processing a charter school’s land use application.

HB 1515 attracted opposition from House Democrats when it came to the House floor. “For us to think that these planning commissions are not allowing charter schools to locate in a specific area just because they’re trying to slow down the charter movement, I think is ill-thought,” Rep. Vernon Smith (D) of Gary asserted on the floor when the bill passed in a 57-28 party-line vote.

The measure brought even more ire from Senate Democrats when it was heard before the Senate Committee on Education and Career Development last week. Sen. Fady Qaddoura (D) of Indianapolis, who represents Washington Township, butted heads a bit in committee with Behning, calling his proposal an “extremely hostile policy.”

Rep. Behning disagrees with sentiments of the proposal on encroaching local control, stating he believes a school community, like MSD Washington Township, simply not wanting a new charter school in the area is “not an adequate reason to not locate it.”

“As an advocate of school choice, I think it ought to be up to the parents to decide. And if the community, if they decide to locate in that community and parents decide to send their kids there, that is the only threshold, I think,” Behning contends.

The Background

To recall how all of this started, we need to go back to last January. Paramount Schools of Excellence was working to secure a rezone for a church property on the northwest side of Indianapolis to open Girls IN STEM Academy. Amid this process, MSD Washington Township leaders and supporters tried to fight the rezoning, arguing the district was not given proper opportunities to discuss the location of the new charter school, and argued the charter academy entered their community without warning to offer programs their public district already provides.

As we detailed at the time, the school district and supporters apparently missed the opportunity to comment on the charter school’s opening at its first public meeting, which was held in Pike Township five months prior to Paramount purchasing the church in Washington Township as its location. Therefore, Washington Township’s school leaders felt “deceived,” and tried to use the rezoning process to delay the charter school from opening, arguing a church building was not suitable for a school. Paramount and the charter authorizer, Trine University, did follow proper procedure with that one public hearing, which no one showed up to, the charter operator reported last year.

A public fight then ensued between traditional public school advocates in Washington Township and charter school proponents, who both packed meetings of the Indianapolis Metropolitan Development Commission and the Indianapolis City-County Council. The rezone request ultimately was approved, though there was some initial hesitation from about half of the city-county councilors who stated at the time they did not want the school to open in that location.

Senate Education Dems Push Back

In Senate committee hearing last week, Rep. Behning engaged in an at times tense back-and-forth with most of the Democratic members, two of whom, Sen. Qaddoura and Sen. Andrea Hunley (D) of Indianapolis, represent the Indy area . . . which the zoning provision in HB 1515 is largely targeting.

Sen. Hunley, a former Indianapolis Public Schools principal, questioned why take away the “only tool” communities may have left to stop a charter school they don’t want from coming into the area. She argued that opposition to charters in Marion County lately comes from the perception that the market for education in the area is oversaturated.

She asked Behning to perhaps better avoid the zoning tactics by considering requiring charter authorizers to have a presence in the communities where they open schools, instead of the current model where authorizers can open schools statewide, no matter the location where the authorizer resides. “If we’re taking away the only opportunity that a community feels that they have at the local level, to use a tool to slow down or stop a process from happening, I’m not seeing any give and take, right?” Sen. Hunley proposes.

Rep. Behning rejected that idea, stating he thinks the current model of statewide officers works well as it is.

Qaddoura fired back at Behning for somewhat misconstruing the situation with MSD Washington Township, arguing the community felt “deceived” about the process of public hearings for the Girls IN STEM school and used the rezoning process as a last resort.

“I find it extremely disappointing that we suggest a law based on one case to take local control out of 92 counties because of one incident that you deemed was inappropriate or that the community came in force against the charter school,” Sen. Qaddoura asserts. He questioned Chair Behning about this decision, challenging, “You’re the leader of public policy education on the House side. That’s not good public policy.”

Rep. Behning, during the debate with Qaddoura disagreed, stating “to put barriers in front of the Girl Scouts that wanted to operate this in that community made no sense to me. And that’s why I have suggested this language.” He continued, “It is clearly a difference of opinion in terms of, you know, what you and your party think and what I believe our party and advocacy for providing parents to have representative choice, regardless of what the incumbent school party.”

Sen. Qaddoura then replied that he did not appreciate the House education chair making the issue about party politics, asserting, “I think it’s not a matter of opinion. It’s a matter of public policy. And I see this as extremely hostile policy.”

An Uncertain Future?

A few amendments filed in committee this week would remove the zoning provisions. Two are proposed by Sen. Qaddoura, and two are from Sen. Brian Buchanan (R) of Lebanon, who is HB 1515’s Senate sponsor . . . which signals that maybe the zoning language won’t be here to stay for long in the Senate.

Senate education panel Chair Jeff Raatz (R) of Richmond held the bill for another week this week, pending more amendments. He did not reveal to us which amendments he’s planning on accepting yet. “We’re working on something that’s viable, I think. That’s as clear as I can be because I just don’t know yet,” Sen. Raatz tells your favorite education newsletter. Rep. Behning also did not know if the zoning language will stay or not.

Stay tuned.