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The lead plaintiffs on a new lawsuit against the Department of Education stand on steps of Tweed (from left: Arthur Schwartz, of Advocates for Justice; Mona Davids, of NYC Parents Union; Noah Gotbaum, District 3 Community Education Council President; and Leonie Haimson, of Class Size Matters

Just days after the city received some good news in a lawsuit targeting its policy on charter school co-locations, another legal battle has arrived.

A group of parent activists filed a long-threatened lawsuit against the Department of Education today, charging that it is in violation of state law that requires school districts to collect rent and utility money from charters schools that occupy public school buildings.

The state education law cited in the lawsuit, Section 2853(4)(c), asserts that charters may rent public space and be provided with basic maintenance services, such as custodial work, utility payments and safety measures. But the law also states that the expenses from these services should be provided to charters “at cost.”

The exact amount of “at cost” is not clearly explained in the law – and state education officials did not respond to emails seeking clarification – but the city currently charges $1 in annual rent to about 80 charter schools that operate in public school buildings. It also waives fees for utilities and provides operational services.

The lawsuit estimates that these costs add up to $100 million per year and should be shouldered entirely by charter schools. (more…)