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 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 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 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? 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 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?