A: Too many children in minority communities in New York are adversely affected by a single outdated law. Action is needed now to breakdown unnecessary barriers to helping these children get the best education possible.

A: New York’s Blaine Amendment was ratified in the late 19th Century in response to the interest of America’s newly arrived Catholic immigrants in creating their own religiously run public schools. Protestant schools were already in existence in New York and the United States where the King James Bible was read on a daily basis. Blaine Amendments were passed in an effort to curtail the growth of so-called “sectarian” schools. Essentially, the Blaine Amendment of New York State was crafted to discriminate against non-protestants, ensuring that only Protestant religious teachings were given to New York’s school children.

Although the Blaine Amendment was intended for a specific discrimination against religious activity in education, it is today inaccurately viewed as a complete ban on religious activity or funding of religious groups for educational purposes.

N.Y. Const. art. XI, § 3: “Neither the state nor any subdivision thereof shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination or in which any denominational tenet or doctrine is taught, but the legislature may provide for the transportation of children to and from any school or institution of learning.” (Ratified in 1894, last amended in 1938)

A: No. The United States Constitution has provisions protecting the freedom of religious expression and preventing the establishment of a particular religion by government, but it has no Blaine Amendment. New York is one of 37 states that ban public funding to “sectarian” or “denominational” schools. Although funding for essential school items like nurses, busing and lunches has been deemed acceptable to fund through public funds, the complete funding of a “sectarian” school is not allowed.

A: By barring “sectarian” or “denominational” schools from applying to become a charter school, it does not allow some of the most effective educators to be involved in the education of many children in minority communities ­ areas where educational results have been poor for generations.

A: Reverend Faulkner’s original interest in starting a charter school was founded in the experience of his daughter. Faced with the realization that the public schools in his neighborhood were inadequate, the Reverend inquired as to what alternative options were available and found them to be inadequate as well. The Reverend was forced to spend thousands of dollars sending his daughter to private school.

A: Most members of the Reverend’s community in Harlem do not have the financial means to afford private education. Starting a publicly funded charter school would give the parents in his neighborhood options for the future of their children.

A: Although the New York charter school law bans religious individuals’ involvement, Reverend Faulkner, being a well respected member of his community, deeply understands his community and has the trust of parents in his neighborhood. This makes him the most appropriate person to run a charter school in his community. As with all other public schools, religious instruction is banned in charter schools. The lawsuit does not seek to change the religious instruction limitations in existing law. Instead, this lawsuit seeks to allow religious entities to start and manage charter schools.

A: There is no particular need for a religiously run charter school, but charter schools should be run by the appropriate local community leaders. Reverend Faulkner’s status as a leader in his community is based on his status as a religious leader ­ one cannot be separated from the other. Like many minority communities around the city, hundreds of the city’s most valuable leadership resources are based in their religious standing and in certain communities should consider religiously run entities to provide a solid education to their children.

A: That’s the wrong way to look at it. In reality, that secular taxpayer is funding the secular education of a New York City child. Our founders did not envision a country devoid of religious influence ­ only a government that did not ‘establish’ a religion for the country and its citizens. Every dollar the school is provided by the public will be used to ensure that each child gets the best education possible and strict oversight will be present to make sure this is the case.

A: Yes. The Reverend’s status as a religious leader is a large basis for his status in the community. Therefore, excluding organizations like his from participation in the charter school process just because of an antiquated belief in ‘separation between church and state’ excludes the most influential members of most minority communities and, potentially, excludes the most effectual group of educators available to parents. Essentially, this limitation of options in who operates charter schools restricts the overall success of public education in minority communities.

A: A charter school is an independent and autonomous public school. As such, charter schools are largely free from state and local regulation. This freedom gives charter schools the ability to establish their own policies, design their own educational program, and manage their human and financial resources. In return for this autonomy, charter schools are accountable, through the terms of a five-year performance contract, for high student achievement. Charter schools must meet the same New York State Regents’ performance standards established for all public schools as well as the goals established in their charter.

Charter schools are publicly funded and open to all students in New York City through a non-discriminatory admissions lottery. Students who attend charter schools do so by choice; likewise, educators who teach at charter schools do so by choice. Charter schools are each governed by a not-for-profit board of trustees which may include educators, community members, and leaders from the private sector. Charter schools can not charge tuition but are permitted to conduct their own fundraising efforts to obtain additional private funding.

A: Charter schools are authorized under New York State’s 1998 Charter School Act. This Act authorizes the creation of a system of charter schools that provide teachers, parents, and community members with the opportunity to establish and maintain schools that operate independently of existing school districts in order to improve student learning and achievement, to encourage the use of different and innovative teaching methods and to provide parents and students with expanded high quality choices in the types of educational opportunities that are available within the public school system

A: In September 2007 there will be sixty (60) charter schools educating more than 12,000 of the City’s public school students.

A: Charter schools are initiated by parents, teachers, or outside organizations, in order to provide choice and innovation to public school families. They are generally smaller,.phpire to a greater sense of community, and use alternative teaching methods and structures, including a retooled school day or year.

A: Many charter schools were created specifically to address the needs of minority or disadvantaged students. According to the National Alliance of Public Charter Schools, of the 1.2 million children in charter schools, 58 percent of charter school students are minority, and 52 percent are eligible for free or reduced-price lunch.

Charter schools serving elementary students are generally viewed as having more impact on student performance. But some high schools have achieved extraordinary results.

A: Children in charter schools come from diverse backgrounds and surroundings. Charter schools offer parents options to deal with that diversity. In contrast, the traditional school system offers only one way, one text book and one schedule. Although the end results of the education process should always be the same for every child ­ English, Math, Science and Social Studies proficiency ­ common sense and years of history dictate that the path to that desired end results cannot be completely uniform. Charter schools offer essential diversity to a static public education system.

By creating community-based charter schools, parents are offered real options for their children. Having choices empowers and engages parents in a different way than the traditional public school system, yet parents have increased protections for the educational well being of their child through high charter school standards.

A: Charter schools are closed within five years of inception if they do not meet the same New York State Regents’ performance standards established for all public schools as well as the goals established in their charter. This accountability is in stark contrast to the traditional public school that, even after widespread and longstanding failure, will continue to remain open. Parents can be assured that any charter school their child is sent to is meeting high standards.