AG Response Sought for Charter School Constitutionality Debate

Republican House Speaker Beth Harwell is seeking the opinion of the state Attorney General Robert Cooper on questions posed by Metro Nashville Public Schools attorney John Borkowski on the constitutionality of the state’s charter school law, the Tennessean reports. In a legal memorandum drafted last week, Borkowski concluded that Tennessee’s decade-old charter law “seems to impose increased costs on local governments with no offsetting subsidy from the state,” which he said violates the Tennessee Constitution. The memo provides a potential basis for Metro and local districts of the state’s largest cities to mount a legal challenge of the law that allowed charters to open in Tennessee. Nashville’s foremost champion of charter schools, Mayor Karl Dean, simply called Borkowski’s opinion “interesting” and stated “the attorney whose opinion matters most on this is the Attorney General of the State of Tennessee.”