charter schools are not public schools!

8/20/2019 Charter Schools Are NOT Public Schools!

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Charter Schools are NOT Public Schools!

Charters are privately managed entities whose only claim to the word public isthe fact that they drain public funds. Roughly a dozen of court cases have

ruled that charter schools are not "public entities." Two well known examples

include the following:

The California Court of Appeals (2007-01-10) which ruled that charter schools

are NOT "public agents." [SEE LINK BELOW http://j.mp/wGmLtB]

The 9th Circuit US Court of Appeals (2010-01-04) which ruled that charter

schools are NOT "public actors." [SEE LINK BELOW http://j.mp/x4Y9KT]

The courts aren't the government entities that have stated incontrovertibly that

charters are private entities. So have other authoritative agencies.

The US Census Department expressed difficulty in obtaining information from

charter schools because the are NOT public entities. [SEE LINKS BELOW

http://j.mp/ytdtYv http://j.mp/14i5jg2]

The National Labor Relations Board joins a host of other government agencies

that have unequivocally ruled that that charters are "private entities." [SEE

LINK BELOW http://j.mp/ZdWEeg]

We understand in the light of all the scandals and bad press

(http://charterschoolscandals.blogspot.com/) that supporters of lucrative

charters are desperate to paint them as public schools, but outside the

corporate spin cycle that is the the school privatization camp, charters have

been found to be anything but public. Charters are one in the same with the

501C3s or other organizations running them. Here is an excerpt from one of

the court cases cited above: "The Court determined the charter schools did

not qualify as "public entities" under the CFCA. (Id. at p. 1203, 48 Cal. Rptr. 3d

108, 141 P.3d 225.) Because they competed with the traditional schools for

students and funding, neither did the Court find them to be "governmental

entities" exempt from the UCL's restrictions on their competitive practices."Moreover, nonprofits are PRIVATE sector. In many cases, businesses and

industries are actually far more regulated than 501c3s. This excerpt from a

Census Department Document sums this up: "A few "public charter schools"

are run by public universities and municipalities. However, most charter

schools are run by private nonprofit organizations and are therefore classified

as private."

The language courts and government entities use is precise and

unambiguous. Charter charlatans have created a lucrative quasi-public market

niche. The schools are public so long as they can garner public funds and

cash in on lucrative real estate deals. However, as soon as a family,

community member, educator, or other persons outside of those profiting form

charters need to seek legal or civil remedies against the charter school sector,

then they are conveniently NOT public entities. Charters. No oversight, no

democratic controls, but lots of opportunities for swindlers to make boatloads

of cash and plutocrats to push propaganda instead of pedagogy.

apps.americanbar.org/litigation/committees/childrights/content/articles/winter2014-0114-charter…

Added by rdsathene 8 months ago

By Rosa K. Hirji - January 14, 2014 Charter schoolspromote the idea that, like public schools, they aretuition free and open to all students. However, publicschools cannot be selective about the students thatthey enroll and keep. On the other hand, charterschools-according to recent court decisions from theCalifornia Court of Appeal and a U.S.

Are Charter Schools Upholding Student Rights? | Children'sRights Litigation | ABA Section of Litigation

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2/6

caselaw.findlaw.com/ca-court-of-appeal/1435567.html

Added by rdsathene 3 years ago

Courtney KNAPP, a Minor, etc., et al., Plaintiffs andAppellants, v. PALISADES CHARTER HIGH SCHOOLet al., Defendants and Respondents. Edwin Carney,for plaintiff and appellant. Foley & Lardner andGregory V. Moser, San Diego, for California CharterSchools Association and California Charter SchoolsAssociation Joint Powers Authority as Amici Curiae on

behalf of plaintiff and appellant.

No. B185996. - KNAPP v. PALISADES CHARTER HIGHSCHOOL - CA Court of Appeal

rdsathene: The California Court of Appeals (2007-01-10) which ruled

that charter-voucher schools are NOT "public agents."

3 years ago

shankerblog.org/?p=2756


Last month, the U.S. Census Bureau released its annual public K-12 schoolfinance report (and accompanying datasets). The data, which are for FY2009 (there's always a lag in finance data), show that spending increasedroughly two percent from the previous year. This represents much slowergrowth than usual.

Shanker Blog » In Census Finance Data, Most ChartersAre Not Quite Public Schools

rdsathene: The US Census Department expressed difficulty in

obtaining information from charter-voucher schools because the

aren't public entities.

3 years ago

schoolfinance101.wordpress.com/2012/05/02/charter-schools-are-public-private-neither-both/


…Directly Publicly Subsidized, Limited Public Access, Publicly orPrivately Authorized, Publicly or Privately Governed, Managed andOperated SchoolsLet"s break it down:Directly publicly subsidizedCharter schools are directly subsidized by a combination of (primarily) stateand local tax dollars (state dependent) transferred to charter schools on thebasis of their enrollments.This funding is analogous to a directly subsidized voucher program thatwould transfer tax dollars to private schools on the basis of students signingup for the voucher program.This funding is also analogous to the state aid that is delivered on a pupilenrollment basis to local public school districts, but the funding is differentfrom local tax dollars that are raised based on the values of taxableproperties and are not dependent on pupil enrollments.Note that traditional public schools or charter schools may receive a varietyof non-government (non-taxpayer supported) revenues including private gifts,private foundation grants, fees/event receipts, facilities rental, etc.The direct subsidy for charters is distinctly different from indirect subsidieslike tuition tax credits, which provide the opportunity for individuals or otherentities to receive a full tax credit for donating funds to an independentlyoperated/managed entity which then distributes those funds as vouchers orscholarships.An important legal distinction is that the U.S. Supreme Court has recentlydecided that when tuition tax credit funds are used to support religious

Charter Schools Are… [Public? Private? Neither? Both?] «

School Finance 101

Charter school says it's private, though it gets millions in taxdollars - Chicago Tribune

http://articles.chicagotribune.com/2011-02-22/news/ct-met-charter-school-fight-0222-20110221_1_charter-schools-timothy-knowles-urban-education-institutehttp://schoolfinance101.wordpress.com/2012/05/02/charter-schools-are-public-private-neither-both/http://www.jstor.org/discover/10.2307/30189642?uid=33563&uid=3739808&uid=2129&uid=2&uid=70&uid=3&uid=67&uid=33555&uid=62&uid=3739256&sid=56131115123http://shankerblog.org/?p=2756http://caselaw.findlaw.com/ca-court-of-appeal/1435567.html


3/6

ar icles.chicago ribune.com/2011-02-22/news/ct-met-charter-school-fight-0222-20110221_1_…


Teachers see an attempt to stop them from unionizingA Chicago charter school that has received more than$23 million in public money since opening in 2004 isarguing that it is a private institution, a move teacherssay is designed to block them from forming a union.

www.ca9.uscourts.gov/datastore/opinions/2010/01/04/08-15245.pdf


MICHAEL CAVINESS V FJM HORIZON COMMUNITYLEARNING CENTER, INC.; LAWRENCE PIERATT

rdsathene: The 9th Circuit US Court of Appeals (2010-01-04) which

ruled that charter-voucher schools are NOT "public actors."

3 years ago

seattleducation2010.wordpress.com/charter-schools/are-charter-schools-public-or-private-nei…


To follow is an article that discusses the pitfalls of describing charter schools as public schools.Charter Schools Are… [Public? Private? Neither? Both?]…Directly Publicly Subsidized, Limited Public Access, Publicly orPrivately Authorized, Publicly or Privately Governed, Managed andOperated SchoolsLet"s break it down:Directly publicly subsidizedCharter schools are directly subsidized by a combination of (primarily) stateand local tax dollars (state dependent) transferred to charter schools on thebasis of their enrollments.This funding is analogous to a directly subsidized voucher program thatwould transfer tax dollars to private schools on the basis of students signingup for the voucher program.This funding is also analogous to the state aid that is delivered on a pupilenrollment basis to local public school districts, but the funding is differentfrom local tax dollars that are raised based on the values of taxableproperties and are not dependent on pupil enrollments.Note that traditional public schools or charter schools may receive a varietyof non-government (non-taxpayer supported) revenues including private gifts,private foundation grants, fees/event receipts, facilities rental, etc.The direct subsidy for charters is distinctly different from indirect subsidieslike tuition tax credits, which provide the opportunity for individuals or otherentities to receive a full tax credit for donating funds to an independentlyoperated/managed entity which then distributes those funds as vouchers or

Are charter schools public or private? Neither or both?

Are Charter Schools Public Schools? - Brid in Differences

http://blogs.edweek.org/edweek/Bridging-Differences/2012/05/are_charter_schools_public_sch.htmlhttp://seattleducation2010.wordpress.com/charter-schools/are-charter-schools-public-or-private-neither-or-both/http://www.jstor.org/discover/10.2307/30189642?uid=33563&uid=3739808&uid=2129&uid=2&uid=70&uid=3&uid=67&uid=33555&uid=62&uid=3739256&sid=56131115123http://schoolfinance101.wordpress.com/2012/05/02/charter-schools-are-public-private-neither-both/http://www.ca9.uscourts.gov/datastore/opinions/2010/01/04/08-15245.pdf


4/6

blogs.edweek.org/edweek/Bridging-Differences/2012/05/are_charter_schools_public_sch.html


What concerns me most is the possibility thatpolicymakers are promoting dual school systems: aprivileged group of schools called charters that canselect their students and exclude the ones that arehardest to educate; and the remaining schoolscomposed of students who couldn't get into thecharters or got kicked out.

- Education Week

jerseyjazzman.blogspot.com/2013/01/its-official-charters-are-not-public.html


The National Labor Relations Board gives its verdict:charter schools are NOT public schools! Teachers at aChicago charter school are now subject to private-sector labor laws, rather than state laws governingpublic workers. The move could impact how publicschools are run down the road.

Jersey Jazzman: It's Official: Charters are NOT PublicSchools

www.washingtonpost.com/blogs/answer-sheet/wp/2013/01/02/judges-look-at-whether-charter…

Added by rdsathene 1 year ago

Charter schools are publicly funded but increasinglypeople are asking whether many of them moreresemble private schools. Here's a different look at thisnotion from Julian Vasquez Heilig, an award-winningresearcher and Associate Professor of EducationalPolicy and Planning at the University of Texas atAustin.

Judges look at whether charter schools are public

Added by rdsathene 1 year agowww2.census.gov/govs/school/11f33pub.pdf

www.forbes.com/sites/greatspeculations/2013/09/10/charter-school-gravy-train-runs-express-t…


Charter School Gravy Train Runs Express To Fat City -Forbes

http://www.forbes.com/sites/greatspeculations/2013/09/10/charter-school-gravy-train-runs-express-to-fat-city/http://www2.census.gov/govs/school/11f33pub.pdfhttp://www.washingtonpost.com/blogs/answer-sheet/wp/2013/01/02/judges-look-at-whether-charter-schools-are-public/http://jerseyjazzman.blogspot.com/2013/01/its-official-charters-are-not-public.htmlhttp://blogs.edweek.org/edweek/Bridging-Differences/2012/05/are_charter_schools_public_sch.html


5/6

On Thursday, July 25, dozens of bankers, hedge fundtypes and private equity investors gathered in NewYork to hear about the latest and greatestopportunities to collect a cut of your property taxes. Ofcourse, the promotional material for the CapitalRoundtable's conference on "private equity investing infor-profit education companies" didn't put it in suchcrass terms, but that's what's going on.

jerseyjazzman.blogspot.com/2014/01/charter-schools-are-not-public-schools.html


UPDATE: Bob Braun, who is now the best journalistcovering Newark, has much more. Read it all, buthere's a taste: Newark public schools are open todaydespite some 12 inches of snow in some parts of thecity. The city's charter schools-whose leaders insistare just as public as conventional public schools-wereclosed.

Jersey Jazzman: Charter Schools Are NOT Public Schools:Snow Day Edition

www.scoop.it/t/charter-choice-closer-look


Charter Schools & Choice: A Cl…

This collection has been created to raise awar…curated by Roxana Marachi, PhD

Charter Schools & Choice: A Closer Look

www.wtsp.com/story/news/investigations/2014/08/21/charter-school-profits-on-real-estate/1442…


TAMPA, Florida - As the debate over school choicecontinues to divide Florida educators, 10 Investigatesfound new ways charter schools companies areprofiting off education. Charter schools are tuition-freepublic schools that are authorized by - but notoperated by - each school district.

Charter School Profits Grow for Investors Through RealEstate Deals

www.propublica.org/article/when-charter-schools-are-nonprofit-in-name-only


ProPublica is exploring how this new model ofschooling has raised questions about publictransparency and private profits. Twitter TwitterFacebook Facebook volumelow Podcast RSS RSSLatest Stories in this Project This post has beenupdated to include a response from National HeritageAcademies.

When Charter Schools Are Nonprofit in Name Only -

ProPublica

http://www.propublica.org/article/when-charter-schools-are-nonprofit-in-name-onlyhttp://www.wtsp.com/story/news/investigations/2014/08/21/charter-school-profits-on-real-estate/14420317/http://www.scoop.it/t/charter-choice-closer-lookhttp://www.scoop.it/t/charter-choice-closer-look/p/4015572798/2014/02/07/the-student-led-backlash-against-new-orleans-s-charter-schoolshttp://www.scoop.it/u/eduroxhttp://www.scoop.it/t/charter-choice-closer-lookhttp://jerseyjazzman.blogspot.com/2014/01/charter-schools-are-not-public-schools.html


6/6

0 Comments 1

www.huffingtonpost.com/alan-singer/charter-school-executive-profit_b_5093883.html


On Sunday, March 23, 2014 in a speech at RiversideChurch in Manhattan, New York City Mayor Bill deBlasio, faced with declining public opinion pollnumbers, made nice to charter school companies andtheir wealthy backers. He told congregants that hisadministration and the charter movement have acommon goal and share common ground.

Big Profits in Not-for-Profit Charter Schools

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charter schools are not public schools!

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