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Pa. charter school overhaul legislation proposed

Aiming to end abuses recently uncovered in Philadelphia-area charter schools, a bipartisan legislative committee yesterday unveiled a sweeping overhaul of the state's 12-year-old charter law.

The proposal takes a carrot-and-stick approach, pushing changes that would enable charters to grow in size and number, but holding them to far stricter standards of accountability and oversight.

The changes "were developed in response to several stories written by The Philadelphia Inquirer on the fiscal abuses of some Philadelphia-based charter schools over the last several months," said a statement accompanying the legislation proposed by Sen. Jeffrey E. Piccola (R., Dauphin), the majority chair, and Sen. Andrew E. Dinniman (D., West Chester), minority chair of the Education Committee.

The Inquirer has detailed allegations of fiscal mismanagement and fraud that have resulted in an ongoing criminal probe of at least six charters by the U.S. Attorney's Office.

The federal criminal investigation of area charter schools was launched in the spring of 2008 after The Inquirer reported allegations of fiscal mismanagement and nepotism at Philadelphia Academy.

"If some good has come out of the difficult situation in Philadelphia, it's the realization that you just can't assume - you have to protect public money and make sure it's spent in the most effective way for students," Dinniman said.

The legislation proposes:

Increasing financial oversight of charters. The proposed Office of Charter and Cyber Charter Schools in the Department of Education would have the authority to investigate complaints of fraud and financial mismanagement such as those raised by parents at the Agora Cyber Charter School in Devon.

Limiting the hiring of relatives, such as occurred at Philadelphia Academy in the Northeast and Community Academy in Kensington.

Allowing 25 parents to ask the court to remove charter school board members who fail to follow the law. Parents who voiced questions at Agora and Philadelphia Academy were told they could withdraw their children. Agora founder Dorothy June Brown sued several parents who questioned Agora's contract with a management company she owned.

Barring charter administrators from being paid through contracts with the district that authorized the charter. Former administrators at Philadelphia Academy had a special-education contract with the Philadelphia District. The top two administrators at Community Academy run a nonprofit that has an alternative-education contract with the district.

When the charter law was passed in 1997, legislators expected school districts to monitor the schools, said Piccola, who helped draft it.

"The reason most of the charters have gotten into trouble is because of benign neglect," Piccola said. Too often, he said, districts approve charters and then ignore them until renewal.

Dinniman said: "There is a clear need for additional accountability on Pennsylvania's charter school community in order to prevent the abuses we have seen in recent months."

Their proposal comes a week after the sentencing of former Philadelphia Academy chief executive officer Kevin O'Shea to 33 months in prison for looting about $900,000 from the charter. At O'Shea's hearing, Judge Edwardo C. Robreno called for more government oversight of the taxpayer-funded charters so "this type of criminal activity is not allowed to be repeated."

Piccola noted that his committee had been reviewing the state charter law for more than six months and had held a hearing in March.

Piccola said the bill, which will be introduced in Harrisburg soon, would give the state Department of Education responsibility for overseeing the state's 128 charter schools and provide a uniform process for applications and renewals.

Under the present law, the department only oversees the 11 cyber charter schools that provide online instruction statewide to students in their homes.

The proposal also seeks to make charter administrators and board members more accountable by ensuring they follow the state ethics law.

The law also contains provisions that would help the charter movement grow: Colleges and universities could approve the opening of charters. Charters could be renewed for 10 years instead of five. The law would also remove all caps on enrollment. Caps have been an issue between some districts and rapidly growing charters.

Piccola said the 1997 charter law, "brought unique educational opportunities to our commonwealth and provided exciting options and choices for students. . . .

"But in the 12 years since the law was initiated, we have learned what works and what does not work with the current law."

Lawrence Jones Jr., president of the Pennsylvania Coalition of Charter Schools, said the organization supports strong accountability for charters and concurred that it is time to update the law.

"We need to look at what is working and what is not working," he said. He called the proposal "very timely," and "a responsible piece of legislation that will spark a lot of positive dialogue."

Many of the proposed accountability provisions were drawn from a model law that the Washington-based National Alliance of Public Charter Schools released in June.

Piccola said the Education Committee's proposal had been updated and altered to reflect recent developments, including disclosures of charter problems.

One provision that allows parents to seek court intervention was added after Brown sued several parents who asked questions about Agora's financial relationship with a Brown company. The parents complained to the state after Agora's board rebuffed them.

"That was the incident that brought to light the need for this provision," Piccola said.

Parents, he said, make a commitment to send the child to a charter. "If there are problems, their only recourse should not be to have to leave the school."

He and Dinniman are seeking cosponsors for the proposal and are hopeful it will receive broad support.

"I think the prognosis is pretty good," Dinniman said. "As with any piece of legislation, there are going to be different points of view, but it's best to put everything on the table at once."

While the Rendell administration has lobbied for changes in charter school law, neither the governor nor his education secretary have taken a position on this proposal.

The administration has called for a statewide tuition for cyber charters and changes in how charters are funded for special education students. Charters receive the same amount whether a child has mild or serious learning problems.

The legislative proposal calls for creating a funding advisory committee to examine how charters and cyber charters are funded.

Piccola said he plans to meet soon with Education Secretary Gerald Zahorchak to discuss the proposed law.

He expects to hold hearings early next year.

Charter schools are publicly funded schools that are free from many of the restrictions of traditional public schools. They are overseen by independent boards.

About 67,000 students across the state are enrolled in charter schools.


Contact staff writer Martha Woodall at 215-854-2789 or martha.woodall@phillynews.com.
Comments   
Posted 06:54 AM, 10/31/2009
EVA9601
Most charters do an outstanding job of educating. This seems fair, but the problems that spurred this from a few schools are the exception and not the rule. The charter movement has overall done a terrific job.
Posted 07:17 AM, 10/31/2009
gary ledebur
Remember charter schools were brought to us by Republicans who wanted to get government rules and mandates out of the education system. Now we are slowly bur surely putting them back in. Perhaps we should remember that the public education system exists as it does for a reason. The "free market" is not an elixer for improving our schools.
Posted 07:30 AM, 10/31/2009
Gladys_Stefany
Gary, the first thing we have to do is take politics out of education. That is a BIG source of the problem. To that end, I am pleased to see that this excellent start in the right direction has bi-partisan support. One of the reasons our public school system is such a mess is because it has become a political football and that needs to stop! I've only had an opportunity to skim the draft of the proposed bill, but I feel it is an excellent first step. I would like to see more focus on the PDE and on how it dropped the ball in the Agora situation and provisions in the bill to do a total overhaul of the PDE so that it can and will provide proper oversight in the future. I would also like to see more of a roll for parents and taxpayers in the governing bodies of these schools and would like to see them elected rather than appointed. However, I do believe this is an excellent first step.
Posted 07:40 AM, 10/31/2009
zenhen
They have done a good job, but they have clearly outgrown the current laws. When you have a movement that grows, as quickly as the Charter Movement has, you have to make adjustments to fit the growth. This change is good for the movement and more importantly the eduction of our future.
Posted 09:31 AM, 10/31/2009
PeaceOut
The parents of Agora and Philadelphia Academy Charter that saw a wrong and spoke up should be commended for their efforts. The awareness will create a brighter future for all of us.
Posted 09:36 AM, 10/31/2009
Magistra
Charter schools were initially invented by teachers for the noble purpose of becoming laboratories of innovative practice to be shared with the broader system. They were not meant to compete with regular public schools for cash and students, but as agents for change and reform in public education. The original rules allowed charters to cap enrollment, seal enrollment in advance and using the admissions process, to screen the most difficult learning problems. Public education has been the loser, as money meant for all children was siphoned off by theives and frauds. While I am glad for the overhaul, I am also concerned by the changing nature of charter schools as quasi private schools funded by public money. (At least they have dropped the enrollment cap to make it more open to all children.) Somewhere in the formula should be a cap on the percentage of public schools turned over to charters. Where this is headed is anyone's guess, but if each school becomes a self-governing entity, how can any of it be monitored adequately. The accountability must be assured. I am also concerned that local school districts, which should have been more vigilant in the past, lose all control of their charter schools. I hope this bill does not create more problems than it solves.
Posted 11:54 AM, 10/31/2009
Ben Dover
wasn't this one of the reasons that charter schools were formed so this kind of stuff wouldn't happen? it seems to me that there is even more abuse of taxpayers money now with these charters but no one will admit they were wrong
Posted 12:06 PM, 10/31/2009
pointguard
get rid of the caps on charters. create a voucher program. open the public education market and let the people have the choices. competition helps all children. those who argue for the status quo are comfortable with low-income children stuck in failing goverment-run schools. the real siphoning going on is at the 60% of district schools where students don't meet the nclb goals, but teachers and administrators don't get bounced. don't be fooled by maggie and her ilk. the overwhelming majority of stealing, cheating and failing are happening ing government-run schools. don't buy that "laboratory" nonsense. it's about competition. those who don't what competition know they cannot compete.
Posted 12:50 PM, 10/31/2009
Gladys_Stefany
@ PeaceOut - Thank you for your kind comment. You'd be amazed at how much flack the whistle blowers from both schools have taken especially from fellow parents. It has been painful for all involved and the Agora parents are still under a defamation suit which should have been thrown out on the day it was filed. You have NO idea how very many parents and staff hate the whistle blowers and blame them for "tarnishing the charter movement" instead of blaming those who are responsible. If everyone in this Country who suspected anyone of wasting taxpayer dollars stood up and blew the whistle, we wouldn't be trillions of dollars in debt right now!
Posted 12:52 PM, 10/31/2009
Gladys_Stefany
Pointguard, I agree with you 100%. What happened here is not because the schools were charters. It happened because the taxpayers didn't have enough say in how they were run and because the PDE and SRC failed to provide appropriate levels of oversight.
Posted 05:47 PM, 10/31/2009
villagescribe
gladys and pointguard, both of you are right on track. Large school district bureaucracies are in the business of feeding themselves. It's not about kids or education ultimately. Competition with appropriate oversight leads to a system where the best, most responsive, and most efficient schools will succeed. Status quo schools will fail. Gladys, have you ever wondered why in all of this mess there have been no investigations or questions of high level district employees? Talk about crazy.
Posted 07:41 PM, 10/31/2009
trident
The headline should read "They wrote bad legislation and have taken 12 years to fix it." How can you allot state funds/taxpayer dollars, but not mandate accountability? Where's the "checks and balances." You wonder that there were abuses? I wonder that there weren't more. Perhaps an acknowledgment of the virtue of the charter concept and a condemnation of the second class job PA is doing educating its kids. The spin coming out of Harrisburg is unbelievable.
Posted 09:50 PM, 10/31/2009
Magistra
Thank you PG for admitting that you want to destroy public education. That was exactly my point. All this talk of vouchers and choice is just a smokescreen for the real agenda which is to deconstruct what you patronizingly call "government schools". What will you replace them with, and more importantly, how will you pay for them? You throw straw man arguments about "corruption" in the government schools, but you never stick to the point of what charter schools are designed to do and what has happened as a result of criminal management of them. Your solution taken to its logical conclusion will result in chaos. Sure, give every parent a voucher for private schools with no guarantee of admittance, no provision for those who do not make the cut, not even a cap on tuition. It will become whatever the market will bear and, as with these scandals, an open invitation for for profit enterprise and all the evils which have beset these unsupervised schools. Let's be frank. You are not interested in educating all children, but only children whose parents put the effort it takes to get admitted into any of these schools. That is called elitism with overtones of racism, since the poorest and most vulnerable children are from minority communities. Has anyone stopped to think what happens with universal choice and vouchers, where a private school can still control its admissions, raise its tuition or do anything it wants. Only public schools, including public charter schools can get the scrutiny and the regulation that we are seeing here. Once you tear away the controls, the result will be totally unpredictable. Your business model is fatally flawed and you know it.
Posted 01:26 AM, 11/01/2009
pointguard
mags, i didn't do anything to destroy public education. you and your gang have done that already. we all know that deconstructing a failing system is the point of education reform. you "predict" that my solution would lead to chaos. i can "show" you that your solution has produced chaos. you want frankness? you and your peeps hold yourselves as the guardians of education for all children. the fact is your approach educates only a very few children. the minority communities that you feel it your job to protect doesn't need you. you're killing them by the generation with your over-priced, under-performing schools. you know that government-run schools are largely minority and low income. those who had an option to exercise have done so. that's why you hate choice. the biggest threat to an ineffective school system is the option to go somewhere else. your system is fatally flawed and everyone but you can see it.
Posted 06:08 AM, 11/01/2009
Magistra
PG, again you admit your purpose for all to see. You claim that the city public schools are overpriced, when they cannot even afford to have libraries, art education, school counselors or materials or pay competitive wages. Please do not continue to hold up the requirements of NCLB as proof of failure, when the standards of proficiency vary from state to state, making the whole system a blatant sham. How is it possible, with all the failures you cite, that 40% of young adults are now enrolled in college - a record? How did that happen? You claim to offer a "choice" to inner city children. I have heard this lame claim for years. Did you ever look up the results of the voucher experiment in Cleveland where NOT ONE of the local private or affluent suburban schools would take the vouchers and the kids were forced to "choose" the parochial schools, where they did no better than before. Are you trying to bail out the cash strapped parochial schools here in Philly as well? I have read the plan called "Tough Choices or Tough Times" with the express purpose of having corporations run every school in America for the purpose of training workers for the new economy. What a farce! Think of Agora and Philadelphia Academy magnified by the millions. It isn't about saving the children. It is about making a profit on their backs. You know it and you are part of the plot.
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