Lawyers and state Supreme Court justices spent more than an hour Tuesday wrestling with two questions about the legality of state-sponsored charter schools-one about what the framers of the 1983 state Constitution meant by the phrase “special schools” and the other question about how charter schools are to be funded.

In the question on the meaning of “special schools,” former Attorney General Michael J. Bowers, representing the Gwinnett County School District, said that the framers meant for the phrase to apply only to schools for deaf or blind students, for vocational schools or other similar types of schools. Thus, the Legislature, in a law passed in 2008, incorrectly interpreted the phrase to refer also to charter schools when it said the state could directly authorize the creation of charter schools, Bowers said.

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