The strike by the UTLA in Los Angeles just claimed an important victory. As California law now is written, the grant of a charter is not supposed to take into account the fiscal impact of a new charter on the fiscal condition of the district where it is located.

Thanks to the UTLA settlement, Governor Gavin Newsom has directed State Superintendent of Instruction Tony Thurmond to appoint an independent panel of experts to review exactly that: what is the fiscal impact of charters on the public schools of their host district?

The panel will have four months to look at the issue, and to report back to Newsom by July 1. Thurmond has not yet announced who will be on the panel, but its formation raises the likelihood that California’s charter school laws may undergo revision over the coming year.  This would be the first time there has been an in-depth look at the financial impact of charter schools since passage of California’s first charter law in 1992.

The issue was a concern of Newsom’s even before the L.A. teachers  strike, said Newsom spokesperson Brian Ferguson.

“As Governor Newsom stated in his first budget proposal, rising charter school enrollments in some urban districts are having real impacts on those districts’ ability to provide essential support and services for their students,” he said.

Under a 1998 state law, districts are not allowed to take into account the financial impact of a charter school on a district in deciding whether or not to grant them a charter. Charter advocates fear that removing this prohibition could have a dramatic impact on slowing charter school school expansion in the state.

Newsom’s creation of a panel to look into the issue appears a responseto a resolution approved by the Los Angeles Unified school board last month as part of the agreement it reached with the United Teachers of Los Angeles and its striking teachers last month. The resolution called for a “comprehensive study” of various aspects of charter schools in the district, including their “financial implications.”

The resolution also called for an 8-to-10 month moratorium on new charter schools while the study was being conducted.  So far, however, Newsom has been silent on these latest calls for a moratorium.

In a statement, the United Teachers of Los Angeles, representing 33,000 teachers and other staff in the district, “applauded” Newsom for recognizing what it said was obvious:  that L.A. Unified and other districts across the state are being “financially strangled” by what it called the “unmitigated growth” of charter schools.

But it questioned the need for a panel, saying that an “immediate cap on charter schools is urgently necessary.” Large urban districts, it said, were “well past the saturation point for charter school growth.”

Similar calls for a cap or a moratorium are coming from other districts with a large proportion of students in charter schools. In Oakland, where teachers appear to be on the verge of a strike, the school board also has set as one of its priorities convincing lawmakers in Sacramento to impose a moratorium on charter expansion. And in the nearby West Contra Costa Unified District, which includes Richmond, the board will consider a resolution this week calling for a statewide charter moratorium.

This is a tremendous setback for the charter industry, which has taken advantage of the opportunity to expand without regard to the cost of local public schools, even if it sets them on the path to insolvency.

Last May, Gordon Lafer, a political economist at the University of Oregon, produced a report for “In the Public Interest” estimating what charter schools cost three local school districts. When a student leaves for a charter school, the student takes his or her tuition money but the school still has fixed costs (or “stranded costs”) that cannot be cut, like custodians, transportation, maintenance, and utilities. To break even, the district must cut its budget, lay off teachers, increase class sizes, and eliminate programs. Thus, the majority of students suffer deteriorating conditions so that the charter schools may increase enrollment.

It’s long past time to take a look at this issue and establish accountability, transparency, and limits to charter school expansion in California.