Tuesday, June 13, 2017

PSBA Charter School Funding and Auditing Reform

     The Pennsylvania School Boards’ Association (PSBA) recently issued a special report on charter school revenues, expenditures, and transparency. The following is a summary of that report. The thoughts and conclusions expressed below are the result of PSBA, and not original to me. I agree with their conclusions.
            Charter schools need to be held to a higher standard of accountability and transparency, equal to that of traditional public schools. More than 80% of charter school revenue comes from public tax dollars paid by sending school districts to educated students. Charter schools are not held to the same standards when it comes to auditing fiscal decisions, operational costs, and accountability.
Charter schools are also the worst offenders of failing to comply with the Right-to-Know Law, according to Terry Mutchler, Director of the Office of Open Records. Less than 54% of charter schools complied with a PSBA request without need of appeal. Another 19 charter schools failed to respond even after OOR ruled in favor of PSBA following a successful appeal.
PSBA discovered that some charter schools spend significant monies on advertising, between $150-$500 per student. Reporting the money varied. Some charter schools showed discrepancies in spending when the RtK request is compared with the IRS form 990.
The RtK request also led to concerns regarding real estate and leasing. There is a lack of consistency regarding lease agreements and expenses for charter schools. The agreements may be in the best interest of the property owners and not necessarily the charter schools.
PSBA recommends that a more through and defined state mechanism be developed to hold charter schools accountable. The accountability and transparency laws applicable to school districts should be applied to charter schools.
School districts alone cannot be responsible for ensuring that charter school operators are in compliance with state and federal regulation. Charter schools must follow the Ethics Act, Right-to-Know Law, Sunshine Law and code related to the Charter School Law. Options other than revocation of the charter need to be made available to public school districts. Local districts need to be able to hold charter schools accountable. The costs of monitoring the charter schools need to be reimbursed to the local school districts.
The current charter school funding formula has consistently resulted in school districts overpaying charter schools for special education students. Since 2009-2010, school districts have paid $327 million more in special education tuition than charter schools have reported in special education expenditures. It is supposed to be a zero sum came. Revenues should equal expenditures. Therefore, this has been a $327 million windfall for charter schools.
The current calculation of special education tuition payments only takes into account the special education expenditures of the student’s district of residence for the prior school year. The calculation does not take into account the actual costs the charter school incurs.
The charter school funding formula for special education students should be based on the same three-category formula enacted by the state legislature in 2014 a the recommendation of the special education funding commission. Special education payments should be capped and verifiable at actual per-pupil costs for each sending school district.
The current special education tuition calculation creates an inflated rate for charter schools. Charter schools should be required to annually report the school district of residence the actual costs of the special education services provided. There should be a method for charter schools to return overpayments to sending school districts.
Charter school financial operations should be studied further by a legislatively created commission. Reforms should be based on those findings. The public should have every confidence that their money is being spent effectively.
            The data from the RtK requests and charter school IRS 990 forms does not match. A number of inconsistencies exist in how charter schools report funding and expenditures. Over 40% of charter school fees to contractors on the IRS 990 forms were placed in the “other” category. Also, discrepancies between the RtK requests and the IRS 990 forms regarding leasing information and real estate interests create a barrier to understanding the true expenditures.
Administrative compensation varies widely when it comes to charter schools. Brick and mortar charter schools are spending more than 2X per pupil on administrative salaries and almost 4X as much per pupil on CEO expenditures when compared to public school districts. When any organization spends questionable amounts on management, administration, occupancy and/or advertising, it would certainly be required to defend its actions. The state must require this responsibility of all charter schools as nonprofit organizations receiving public tax dollars.
School districts need relief from charter school tuition payments. These payments represent %5 of all school districts expenditures. The tuition to cyber charter schools must account for only those costs associated with providing an online educational program. School districts are able to provide their own rigorous and comprehensive cyber education at a significantly reduced cost. Many school districts are able to provide a comprehensive online curriculum for a fraction of the cost of tuition to cyber charter schools.
The state should establish a fair and balanced commission to study and make recommendations on charter school funding and financial operations. The state needs to create a commission of stakeholders that would focus solely on the finances and financial operations. The commission must consider the difference in instructional costs in cyber charter schools from that of online academic programs provided by traditional public schools. Where school districts offer a comprehensive online curriculum, cyber charter tuition should be capped at the school district’s cost to provide online education. If the district does not offer an option, then a funding formula that reflects actual instructional costs of an online education should be establishe