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Local Government Powers: Privatization. Stepping back: Sources and limitations on local government powers Choices by state in how to provide services/regulate through particular (governmental?) means But… Can local (or state) governments then allocate power to “private” entities?

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local government powers privatization
Local Government Powers: Privatization
  • Stepping back:
    • Sources and limitations on local government powers
    • Choices by state in how to provide services/regulate through particular (governmental?) means
  • But…
    • Can local (or state) governments then allocate power to “private” entities?
    • What rules apply and what issues arise?
  • Common examples:
    • Privatization of jails
    • Use of charter schools
privatization of jails tulsa
Privatization of Jails: Tulsa
  • History of civil rights problems due to jail conditions
  • New approach
      • County commissioners…
      • establish “public trust” (TCCJA) to manage funds from new sales tax…
      • to pay private entity (CCA)… to manage and operate county jail…
      • under contract...
      • subject to state statutory & administrative requirements that apply to county jails and privately operated jails…
      • relating to security, inmate discipline and employment, food, clothing, housing
jail privatization key questions
Jail Privatization: Key Questions
  • Separation of powers & “delegation”
    • Why worry about delegation?
    • What is being delegated & is delegation permissible?
    • How are concerns addressed in the structure here?
  • Authority of TCCJA
    • Where does authority come from and how interpret?
  • Relation to constitutional role of sheriff?
    • Is this modification? Or de facto abolition?
    • Must sheriff be the one to privatize?
  • Special legislation concerns?
privatization charter schools
Privatization & Charter Schools
  • State Constitutional provisions (NJ)
    • Legislature to “provide for the maintenance and support of thorough & efficient system of free public schools”
    • Historically, public school districts with public schools
    • New models: “charter schools” with public funding where special charter and independent governing board
    • Implications (and for whom)?
charter schools legal issues
Charter schools: Legal Issues?
  • Statutory structure (NJ)
    • Procedure for establishment & operating guidelines (admission, enrollment, transport)
    • Funding: district of residence pays per pupil amount to charter school (as set by state commissioner, but presumptively 90% of local budget for grade level)
    • State “guidelines” to prevent segregation, including grade level and school comparisons
charter schools analysis
Charter Schools: Analysis
  • Segregation risk?
    • Will charter schools affect racial balance in public school district from which it draws pupils?
  • Economic impact
    • While charter schools draw resources that prevent school district from providing viable, “thorough & efficient” education for others?
  • Court’s response: Initial flaw? Interpretative stance? Why?
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