Kingfisher Public Schools will be joining a class action lawsuit to dispute the legality of a recent resolution approved by the Oklahoma State Board of Education regarding funding for charter schools.

The state board voted 4-3 on March 25 to declare charter schools should receive the same funding as traditional public schools.

The resolution would change the state’s funding formula and shift some funding from traditional districts to the charter schools.

According to the Oklahoma Charter School Act, charter schools don’t have the ability to levy taxes, issue bonds or receive local property tax revenue.

The new resolution would change that as well as the formula.

The Oklahoma Public Charter School Association filed a suit against the state board in 2017 stating it was not funding charter schools equitably.

The suit also sought to recover funds from previous years.

The board’s recent resolution was intended to settle that suit.

While Gov. Kevin Stitt supported and lauded the board’s decision, Oklahoma Superintendent of Public Instruction Joy Hofmeister said it goes against the state’s constitution.

Hofmeister has a seat on the board and voted against it.

Oklahoma City Public Schools and Tulsa Public Schools have asked for a temporary restraining order and an injunction to stop the resolution.

All other public districts are being asked to join an “original action” with the Oklahoma Supreme Court to join Hofmeister’s efforts in challenging the legality.

KPS will join through its law firm of Rosenstein, Fist & Ringold. Clients of that firm will be joined by clients of Walta & Walta as well as the Center for Education Law clients.

The cost is estimated at about $1 per student based on a district’s Average Daily Membership (ADM). If more districts join the effort, the cost could be reduced.

KPS has about 1,400 students.

KPS unanimously joined the effort as the board of education voted 5-0.

“I think we need to do something,” board member Dana Golbek said in support.

“Obviously we’ll be in good shape, but it could be devastating for some districts,” Superintendent Jason Sternberger said.

KPS currently receives no state aid due to the amount of ad valorem and gross production taxes generated locally, so it wouldn’t immediately be affected.

“Schools with low valuations or those that don’t get gross production dollars would be most affected,” Sternberger said. “If we were one of those schools who were going to be immediately hit, we’d be asking those others to take part.”