WESTFALL, PA –Feelings of a perceived state government prejudice against Pennsylvania’s public schools arose once again the October 22 meeting of the Delaware Valley Board of Education.

Speaking during board reporting from its legislative committee, Board President Zachary Pearce reported that the PA School Boards Association PSBA had joined in an Oct. 21 lawsuit against the state – which while in the midst of a budget crisis impacting all agencies, municipalities and districts, “unilaterally released lottery money to the charter schools.”

Pennsylvania’s charter school legislation provides that if a school district doesn't make payments to charter schools, the Education Department will subtract and estimate of the amount in question from state payments to the district.

The question is whether lottery money is subject to this as a “state payment.”

In a news release, the PSBA contended that diversion of the lottery money, deemed as property tax reduction allocations, “is unlawful as it is held in trust in the Property Tax Relief Fund for the benefit of taxpayers and is not subject to the subsidy interception provisions of the Charter School Law.”

In a separate letter PSBA asked the auditor general and attorney general to investigate what it deemed as an “unlawful diversion.”

The Pittsburgh Post-Gazette asked Auditor General Eugene DePasquale, who said his office will study the law and try to make a determination by midweek.

“Charters have a legal argument that they are supposed to get paid. There is not a solid argument that gaming money is where it is supposed to come from,” DePasquale said.

Apparently unaware of the letter, attorney general’s office, spokesman Chuck Ardo told the Post-Gazette, “The Office of Attorney General doesn’t open investigations in response to news releases. Should a formal referral be made, we will have to determine our jurisdictional authority.”

Since the administration of former Gov. Tom Corbett, Delaware Valley officials have repeatedly complained about state actions seemingly prejudicial in favor of the chargers at the expense of the state’s 500 public school districts.

Pearce noted that the charter schools are all operated by corporate entities.

Board member John Wroblewski said the action once again highlighted that prejudice, concluding, “The reason is that (the private charters) can donate to election campaigns and school districts cannot.”

In other business, the board approved the state education department’s PLANCON Part H for the 2015 Bond issue for the new Delaware Valley Elementary School.

Superintendent John Bell explained that the filing finalized earlier cost estimates for the $24 million project, which is scheduled for completion in late June or early July of 2016.

The filing should also bring due some $279,000 in state funding for the project, but Bell was not overly optimistic about an early payment. “They are years behind in these payments to other districts,” he said.

Bell had scheduled a presentation on the district’s strategic plan, but with two board members out with illness and a third out of town on business, he said it would be rescheduled.

There will be no board work session meeting in November and the next regular board meeting is scheduled for 7 p.m., on November 19.