Ohio has been a profitable state for the charter school industry. Charter leaders make huge contributions to politicians. Politicians make sure that the industry’s cash cows are lightly regulated, if at all. With the right political connections, charters may be rated D or F without any consequences. Should charters be audited? Should they be held accountable for their academic and financial performance? Bear in mind that the essential premise if charter schools was that they were willing to be held accountable inexcjangefpr producing “results.” (Higher test scores.). You might say that this deal has actually warped almost all discourse about the purpose of schooling. It rests on the premise that higher test scores are the fundamental goal of education.
Ohio State Auditor Dave Yost wrote a thoughtful newspaper article describing the dilemma of auditing public-private partnerships.
When does public money trigger public audits? Not when the money flows to a purely private business, like a janitorial service. But what about charter schools?
He writes:
“There’s a messy place where the public and private meet, and the old ideas about accountability aren’t good enough to sort it out. The subject is lurking in the background of the debate over charter-school reform, but it’s wider than that and needs some hard thinking.
The distinction between what’s public and private drives many things in the law. A public entity is subject to open-meetings laws, public-records requirements, public audit and stringent ethics requirements. A purely private entity, such as a sole proprietorship or your family, is not.
But that neat set of labels doesn’t work as well when a thing is both public and private. Lawmakers here and elsewhere are deliberately blending the two — and it seems to be the trend, not the exception.
So, when an entity is a little private and a little public, which rules apply?
For example, a government office generally is cleaned by a contract service, not by government employees. Joe’s Janitorial Service shouldn’t have to open its books to public audit or abide by public-records law. The government is buying services from Joe, and as long as he provides the promised quality of service, it’s no business of anyone’s how he does it or how he spends his money.
On the other hand, if Brave New World, Inc., contracts to be the police department for your town … well, that’s a different story. Brave New World is no longer simply selling services; it is functioning as the government. Lawyers and political philosophers would say it is exercising the sovereign power of the state — and Brave New World probably ought to be subject to the traditional transparency requirements we impose upon our government.
And in between, there are all these other entities that aren’t quite private, but aren’t really public, either.
There are good reasons for blending the public and the private. Government, because its decisions apply to all of us, is designed to go slow. We shouldn’t make decisions at the speed of business when it’s about liberty, or education, or spending money that was collected by law (taxes).
On the other hand, the private sector has the freedom to move quickly, to react to market forces, to innovate — and to fail. So in certain areas where the government process has become bogged down, it makes sense to bring those private-sector virtues into the mix. That’s the idea with many hybrid organizations empowered by state government (and our tax dollars), from charter schools to privatized prisons to the Ohio Air Quality Development Authority.
But then, what does accountability look like?
In Ohio, like elsewhere, the answers are all over the board. There are custom mechanisms drawn into contracts, such as the contract with the state’s private prison contractor. Charter-school management companies are required by statute to provide certain financial information to their schools. The schools then import that information into their own financial statements — which are subject to public audit….
At the same time, it’s mostly or all our money and, therefore, the public’s business. Somehow, treating these entities — usually private corporations — as though they were a sole proprietorship, operating in private, doesn’t seem right, either.
The ongoing debate over charter-school reform is going to happen smack in the middle of this disorganized space in our public life.
How do we protect the public interest while harnessing the best qualities of a mostly private-sector actor? I don’t have a comprehensive answer, but meaningful reform will have these characteristics:
• Information. Although making all the papers of a private corporation public is the wrong answer, the law should require certain relevant information to be provided at particular intervals.
• Independent verification. Some information needs external, independent verification. This could be provided by a firm’s certified public accountants or subject to review by another body. But corporations are used to dealing with this — banks require audited financial information to ensure the numbers are adequate. It’s not growing government to make sure that the information is true. As President Ronald Reagan urged: trust, but verify.
• Segregation of duties. Businesses and governments both make sure that certain duties are done by different people. The IRS has published some criteria for how to think about segregation of duties, which I cited in our report on charter schools earlier this year.
• Governing Board independence.
“Outside directors” — board members who are not otherwise affiliated with the organization — have become a best practice in the private sector, ensuring divergent points of view and oversight of management decisions.
How to approach these factors, and how much weight should be given to them, should be driven at least in part by how much discretion the entity has in exercising the authority of the state. In our examples, Joe’s Janitorial exercises no government discretion, and Brave New World exercised a huge amount.
The details are matters for serious debate. One thing seems utterly clear to me, though: the oval peg of accountability for these hybrid organizations fits neither the square nor the round peg holes we already have. We owe it to Ohio taxpayers and families to fill that hole and repair their doubts about this public-private part of our system of government.
“There are good reasons for blending the public and the private. Government, because its decisions apply to all of us, is designed to go slow. We shouldn’t make decisions at the speed of business when it’s about liberty, or education, or spending money that was collected by law (taxes).
On the other hand, the private sector has the freedom to move quickly, to react to market forces, to innovate — and to fail. So in certain areas where the government process has become bogged down, it makes sense to bring those private-sector virtues into the mix. That’s the idea with many hybrid organizations empowered by state government (and our tax dollars), from charter schools to privatized prisons to the Ohio Air Quality Development Authority.
First step is characterize “the government process” as bogged down. Agree that public education, tax supported, should “go slow” but then say that charter schools have “virtues” BECAUSE they will go fast…and also USE OUR TAX MONEY to “react to market forces, innovate, and fail.”
This a good case of double speak with the private sector valorized as if it can produce better results at less cost and fail without doing harm to anyone.. This is hardly the case in education. The corruption in Ohio’s charter schools is becoming as bad as its for-profit prison system which has not saved costs and from my point of view is an unethical replacement of judicial and citizen oversight with contracts so obscene that the for-profits want to be paid for empty beds, with taxpayers footing the bills for prison riots, escapes, and transfers of prisoners just because another site will yield more profit.
In every private-public partnership, the private trumps the public.
That is exactly why the public welfare programs and social services are being cherry-picked for privatization, not just charter schools, but the building of facilities of these, also preschool programs, also stalling and obfuscating the need for clean air and clean water and cleaner energy.
Ohio’s auditor is committed to the governor’s agenda, and that follows the rule that business comes first in Ohio..
John DiIulio, a political science professor from Penn, maintains that privatization is costing us more and giving us less. He also maintains that it is not shrinking the size of government; it is giving us a “Leviathan by proxy.” Another interesting point he makes is that we tend to privatize things “we don’t care about.” In other words, education for our poorest students is not a priority.
http://thepenngazette.com/champion-of-the-bureaucrats/
AGREE!
The next time someone complains about calling this “corporate ed reform” show them that list of charter reforms.
All of this was directly lifted from corporate governance models. To his credit, he doesn’t try to hide that: he makes the comparison again and again.
I don’t know: are we all on board for a corporate model of government for schools? I don’t actually remember ed reform politicians mentioning this minor detail when they were all energetically promoting charter schools. If the corporate model is so great, why not just go whole hog and replace all governance with it?
Chiara, you should go over all historical documentaries. There was your suggestion model in the 18th and 19th century. Legal system and economic system always mingle to yield the power to the rich and the academe leaders to abuse the general public.
Our past generations of all kind and thoughtful people have fought a tough battle, so that we have a democracy to enjoy learning in PUBLIC EDUCATION in the 20th century.
It is very sad and sorrowful to see the power, the rich and the academe leaders just head to self-destructive governing style without a slight of thought for the well-being of their country, their citizens, and their own children generation.
Only if we pause, observe, and critically examine all aspects in life, then we will definitely come up to the same wish of being healthy and happy in a peaceful surrounding.
In order to achieve the simplest wish, the first and foremost condition is to be able to eat, rest and exercise properly. Next, creativity in teaching and learning will blossom in education. As a result, people are healthy and happy which will automatically lead us to live in a peaceful surrounding. Back2basic
Oh, May, you are so right and so smart!
One thing the auditor can do is educate the public about the charter school scams. I’m guessing the average taxpayer has no idea this is happening.
If charters did not get public dollars, the investors, parents and legal system could hold them accountable (if they so desired) and the rest of the American public would not need to worry about them.
Problem solved.
The whole conversation about “pubic education” has become corrupted beyond recognition by things that have nothing to do with public education.
So very TRUE! SIC.
I wish to talk about good behavior, and accountability for charters and the corporate entities that are corruption our legislatures to rob taxpayers and put th money into their charter creations.
I was listening to Wealth Track on PBS (mar 13 2015), where the author of “The American Corporation” was taking about corporate morality. The show was special, and the idea was put forth that what was needed in America, were incentives to give corporations a reason to behave better. Here it is. Tagged with: episode_1138
http://wealthtrack.com/recent-programs/sylla-steiger-corporate-morality-3/
Here is how the program was promoted: “SYLLA & STEIGER: CORPORATE MORALITY: MARCH 13, 2015, Financial historian Richard Sylla and award-winning financial editor Paul Steiger discuss corporate morality and how companies have become fixated on short-term stock prices to the exclusion of broader, long-term goals Public television is revisiting corporate morality. How would you rate the condition of moral values in this country today? Last year’s Gallup poll answers were not atypical. Only 2% of Americans surveyed rated our moral values as excellent – 42% said they were poor – and 74% felt that values were getting worse, not better. ” How does this translate to the business world? Can we create incentives for better corporate behavior?
Steiger explains how the first corporations, which were created with the government and were expected to in some way benefit the country, as well as to make a profit.. Then he mentioned the words ‘CHARTERS? “. Eh? I said. My ears perked up.
Ya think?
It seems that in the next big change – when the corporations moved to the next stage– before the final road to incorporation was adopted years later, the idea of creating a charter system was considered,…and rejected –because this would encourage corruption in the legislature.
It struck me! We teachers are watching this very corruption. Chartered entities replace the public educations system –the INSTITUTION! Education will be in the hands of individual entities not CREATED for the benefit of people, but businesses who do nothing for the children or for the people. The corruption we are witnessing is a product of allowing the corrupt legislative bodies take control. They are awarding the lucrative charters to cronies. Period!
As for me, I would like incentives for PEOPLE I KNOW, to behave better, to do the right thing, which is NOT relative but authentic and beneficial. I am sick of CHARLATANS and liars who think they are qualified to be the top dog, THE AMERICAN PRESIDENT, but lack the moral fiber that must be ingrained in such a leader.
The behavior in America is atrocious, and Jon Stewart nailed it in the Mar 12th 2015 episode.
http://www.mediaite.com/tv/jon-stewart-blasts-corrupt-new-jersey-prostitutes-christie-and-menendez/
“ Stewart moved on to his home state’s other big corruption problem: Democratic Sen. Robert Menendez, who is facing charges from the Justice Department. “Our politics are so sick,” he said, after showing clips of people defending the senator, that what was once widely considered “corruption” is now viewed as a “fuzzy line” and “what are you going you do?”
This resonates with me, because I heard the criminals at Libor, say this… people who rated the securities ,said”: “hey…everyone was doing it.” That was their morality?
Huh. What are they 12 years old?
I hear the voices of you teachers, out there, the ones at the bottom who must implement these anti-learning mandates and policies instead of teaching the kids.
I hear how you are forced to do what top dogs demand, wasting precious learning time on activities which have as their sole purpose to enrich the criminals and privateers.
One thing I remember about public schools and being a public education teacher for 40 years — we were there to enable kids to learn. That was the PRIME OBJECTIVE, and we wrote curricula around age-appropriate objectives in each subject, which were provided by the state or city. Kids learned because we, the professional determined how to use those 5 hours, for the 180 days.
I went to public school for 12 years, and sent my sons there, too. Yeah, some teachers were gifted, and a few needed to get some assistance, and every now and then one needed to find a different career, but all in all schools worked t o educate our people, not to enrich the business world. Schools were an institution for common good, like health care. Both have been commandeered by corrupt corporate critters.
Our corporate world has corrupted these institutions thanks to Citizen’s United, and a culture of corruption that has engulfed our society at all levels. We need to see an amendment that ends the Citizen United culture of greed. Diane is right… we need to vote that our of our legislative process, because it is not only ending education, it is ending the America we knew.
Diane tells me that we can change things by educating the people. I will certainly try, but
having read Jerry Mander’s “In The Absence of the Sacred, I do not know how to reach people who are convince that aggression and conflict are the ways to solve problems.http://www.scottlondon.com/reviews/mander.html
Kids sext and bully classmates, parents bully teachers, CEOs bully taxpayers and corporations now poison our air and water
http://www.rollingstone.com/politics/news/inside-the-koch-brothers-toxic-empire-20140924
but even though they have the benefits and protections of ‘people’ they are too often corrupt entities who care not one whit about our children or us.
I believe that when families disintegrated, and communities/neighborhoods disappeared, when the values that our ancestors knew were beneficial were no longer handed down as ‘sacred’, and when religion took a second seat to television and the internet as the teacher of moral integrity and ethical conduct, we lost the ability to thrive as a moral society.
I hope things change.
Oh, to answer your question YOU CANNOT HOLD THEM ACCOUNTABLE. The legislatures have designed this hoax that way.
To all readers who will agree with me:
We have two conflict teaching models. The first teaching is that we emphasize and reinforce the important and effective setting example from authority position to all young learners through obligation. The second teaching is that we allow us to deliberately make publicly serious mistake with saying like, “do what I say, and don’t do what I do” through our daily actions.
As a result, the rich and the academe leaders shake hand to create a legal system that obliges citizens to comply with law, except them who can get away with all loopholes or technicality.
Today, if Public Education in post secondary education is controlled by the rich, our younger generation will definitely will taste the 18th century without civility and humanity.
Children need to learn trade skills to make a decent earning now, but toward later in life, younger generation will suffer slavery working environment without knowing their civil rights to demand a decent living because they do not have time to learn except work for foods and medication. Will it be possibly happen in the middle of 21st century?
There is nothing about religion or today education can reverse the greedy corporate’s controlled plan, except people with decency, courage, intelligence and humanity will cultivate the general public how to preserve and protect PUBLIC EDUCATION. If Americans cannot succeed to cultivate the importance of CIVILITY, no other people in the world can because we are proud of our understanding of multicultural society from the world background of all kind political incorrectness. Back2basic
You got it right. As I said in my last post, having read Jerry Mander’s “In The Absence of the Sacred, the values of our ancestors, the ones that benefited society and were passed down by families, neighborhoods and communities, schools and through religion are gone. Television teachers only aggression, and things like integrity and honor have diapered along with the quality we called humanity. That quality depends on empathy, and in this day an date, people do not try to grasp what the other person is experiencing. the “other’ is bad, and to be destroyed. Immigrants are ‘aliens’ and the ‘democratic’ party must be eliminated.
In the greatest act of hubris to date, our Congressional morons told the head of a foreign country that “you don’t understand how our democracy works,’ and then proceeded to explain how the legislature could undo treaties negotiate by the executive .
How clueless are these rabid dogs. Do they not see that negotiation is critical to prevent nuclear war? Do they imagine that our country could survive if a congress could undo what the executive branch creates for out safety?
Civility is gone. Welcome to the end of times, unless we the people get busy and vote out of office these corrupt entities. Where is the spirit of Tip ‘O Neil?
Ohio, bringing the best of Mississippi/Louisiana style education to a public school near you. Senior and those without school age kids take note, property values sliding daily, get in now before sanity returns,