Archives for category: For-Profit

Kris Nordstrom of the NC Policy Watch notes the loud whining by charter advocates who are outraged by the common sense reforms proposed b6 the Biden administration’s Department of Education. They are whining, writes Nordstrom, because they are guilty of every malpractice that the reforms aim to cure.

Nordstrom begins:

Advocates for charter schools have long justified the existence of charters by claiming they serve as laboratories of innovation for traditional schools. They have claimed that operational flexibility and exemption from regulation allows them to operate more efficiently than traditional public schools. And they have claimed that they are not only willing – but better suited – to serve students from families with low incomes.

These premises have been disproven over the course of North Carolina’s nearly 30-year-long experiment with charter schools. There are no examples of charter school innovations that have offered new approaches for traditional schools (after all, traditional schools can’t follow the example of “successful” charters that garner high test scores by pushing out struggling students). Nor have charters delivered efficiency gains. Charters spend substantially more on administration than their traditional school counterparts. Most North Carolina charters outspend their neighboring traditional schools while serving a more advantaged student population and delivering weaker academic outcomes. Meanwhile, North Carolina charters continue to exacerbate racial segregation and raise costs for traditional inclusive public schools.

Charter advocates have long disputed the overwhelming evidence of their ineffectiveness. But now, they are making the case themselves.

At issue are recent changes to the terms of the federal Charter School Program (CSP) grant programs. The CSP provides money to states to run grant programs, “to open and prepare for the operation of new charter schools and to replicate and expand high-quality charter schools.” North Carolina was awarded these federal grant funds specifically to support charters, “focused on meeting the needs of educationally disadvantaged students.”

Unfortunately, the program run by North Carolina’s Department of Public Instruction has failed to meet these goals. Much of the federal funding has been awarded to schools with a history of serving as white flight charter schools and that enroll substantially fewer students from families with low incomes than nearby inclusive public schools. Incredibly, Torchlight Academy was awarded a $500,000 grant in 2020. Just two years later, this school has had its charter revoked for rampant corruption and poor student results…

Are high-quality charters unwilling to operate if they can no longer divert as much money as possible into the pockets of corporations? Are charters unwilling to serve as laboratories for innovation that work with traditional public schools to expand promising practices? Are charters unable to craft community impact statements because they are unable to demonstrate community benefits? Are they unwilling to commit to greater school integration efforts because they’d rather effectively pick and choose who their students are?

By opposing the CSP rule changes, charter supporters are implicitly answering the above questions in the affirmative. Their protests affirm the arguments made by charter critics that such schools are overly focused on profit-hoarding, unable to serve as collaborative partners in developing and scaling instructional innovation, exacerbate budget challenges, and contribute to segregation.

The proposed CSP rule changes do not in any way undermine charter schools. They simply ask charters seeking supplemental federal funds to try to live up to the promises made by charter advocates. The protests of charter advocates indicate that – as many of us have been arguing for years – charter schools are largely unable to live up to these promises.

And if charters are – as they now admit – unable to meet these promises, then policymakers should question not just whether they deserve supplemental federal funding through the CSP…but whether such schools are deserving of public funding at all.

Congresswoman Rosa DeLauro of Connecticut is one of the most important members of the U.S. House of Representatives. She is chair of the House Appropriations Committee.

She sent the following letter to Education Secretary Miguel Cardona, endorsing the Department’s proposed reform of the federal Charter School Program and criticizing the charter lobby for spreading lies:

Dear Secretary Cardona,

In July 2021, House Democrats passed the fiscal year 2022 Labor, Health and Human Services, Education, and Related Agencies appropriations bill which included a landmark provision prohibiting federal funding to charter schools run by for-profit education management organizations (EMOs). Under these management relationships, charters accept federal funds only to have their schools run by low-quality, for-profit companies rife with conflicts of interest. The provision was designed to safeguard our critical federal investments in education and protect us all from the financial risks posed by for-profit charter schools.

Predictably, the for-profit charter EMOs were not pleased with this legislative development. In response, their national trade organization led a well-funded misinformation campaign incorrectly claiming that the provision would prevent federal funds from going to any charter school that uses a contractor for any discrete service. These unserious efforts and false claims were advanced by their national trade organization to shift outrage and attention away from the risky, low-quality for-profit charter schools they represent.

Their national trade organization is employing similar tactics through the exaggerations and misrepresentations they are spreading in opposition to the Department’s reasonable proposed regulations for the fiscal year 2022 Charter Schools Program (CSP) competitions. Rather than accommodate the bad faith efforts of a trade organization that advocates for for-profit EMOs, the Department should move forward with its strong proposals to improve accountability and transparency for the CSP program.

For-profit EMOs

The Department has long recognized the particular risks posed by for-profit EMOs. In response to a 2016 audit, the Department conceded to the Inspector General, “ED is well aware of the challenges and risks posed by CMOs and, in particular, EMOs, that enter into contracts to manage the day-to-day operations of charter schools that receive Federal funds. We recognize that the proliferation of charter schools with these relationships has introduced potential risks with respect to conflicts of interest, related-party transactions, and fiscal accountability, particularly in regard to the use of federal funds.”

Such EMO-related conflicts are on clear display in the example of AmeriSchools in Arizona. Four AmeriSchools charter schools were chartered by Reginald Barr. His late wife Sandra was the president of the schools’ board. The schools pay the EMO Edventure to manage all activities and programs; Sixty Five Plus to lease their building; and One Employment Plus to pay school employee salaries. All three for-profit companies are owned by the Barrs. Ownership of One Employment Plus is also shared by the Barrs’ daughter, Deborah LeBlanc, who also sits on the schools’ board.

In addition, for-profit charter schools, including those run by for-profit EMOs, deliver concerning outcomes for students. A 2017 report from Stanford University’s Center for Research on Education Outcomes compared student performance at non-profit charters, for-profit charters, and traditional public schools and found that for-profit charters perform worse in reading, and significantly worse in math, than non-profit charters. In addition, the report found that for-profit charters perform worse in math than traditional public schools.

In light of these serious concerns, I am pleased that the proposed rule includes a clear requirement that a charter school receiving CSP funding cannot contract with a for-profit EMO; however, when considering the complicated web of for-profit conflicts in the AmeriSchools example, I recommend a modest edit to the proposed language:

  1. Each charter school receiving CSP funding must provide an assurance that it has not and will not enter into a contract with a for-profit management organization, including a non-profit management organization operated by or on behalf of a for-profit entity, under which the management organization and its related entitiesexercise(s) full or substantial administrative control over the charter school and, thereby, the CSP project.

Community Impact Analysis

The Department’s proposed requirement for CSP recipients to provide a community impact analysis will generate essential information to assist the Department’s grantmaking decisions. The language, which requires “descriptions of the community support and unmet demand for the charter school, including any over-enrollment of existing public schools or other information that demonstrates demand for the charter school…,” will generate helpful information for the Department and the public. I strongly urge you to retain this specific language in the final rule.

In addition, the Department’s proposed language aimed at determining whether a proposed charter school will increase racial or socio-economic segregation or isolation in the schools that the students currently attend is vitally important. I strongly urge the Department to retain this language to guarantee that CSP grants do not inadvertently exacerbate inequities in our public education system.

Charter School and Traditional Public School or District Collaborations That Benefit Students and Families

I strongly agree with the Department’s goal to support more CSP grants that strengthen both charter schools as well as the local public school system by establishing a new competitive preference priority (CPP). I am encouraged by the potential for CSP grants to support charters and districts through collaborations around curricula, teacher and school leader development, transportation, and other areas of shared interest. For this vision of collaboration to succeed within CSP, I urge the Department to include this priority as a CPP in the fiscal year 2022 CMO and Developer Grants competitions.

I applaud the Department for its efforts to introduce greater accountability and transparency in the CSP program. Further, I urge the Department to disregard bad faith arguments from self-interested organizations that misrepresent these important proposals. Thank you for your attention to this matter.

Sincerely,

Rosa L. DeLauro

Chair

House Appropriations Committee

# # #

delauro.house.gov

The U.S. Department of Education has extended the deadline for public comments about proposed regulations for the federal Charter Schools Program. This program started in 1995 with $6 million, when there were very few charter schools. Now there are more than 7,000 charters, many of them operated by for-profit corporations. The new regulations would ban federal funding to for-profit school operators and require new charters to do an impact analysis, showing the need for a new charter. Contrary to the charter industry lobbyists, no existing charter would be affected by these regulations, only new charters that seek federal funding.

Carol Burris, executive director of the Network for Public Education, asks for your support:

The US DOE has extended the comment period on their proposed tough Charter Schools Regulations until April 18.

If you have not done so, take one more easy action to stop for-profit-run charters from getting federal Charter Schools Program funds.

Click HERE and send your comment to the U.S. Department of Education via the National Education Association. The NEA has made it easy to do!

If you have sent that quick message, now personalize a longer, more thoughtful commentand submit it through the Department’s portal. Here is a sample you can cut and paste.

I support the proposed rule that schools run by for-profits should not get grants. Charter schools that are run in part or whole to create profit should not benefit from federal expansion or start-up funds.

The relationship between a for-profit management organization is quite different from the relationship between our district vendors who provide a single service. A public school can sever a bus contract and still have a building, desks, curriculum, and teachers. However, in cases where charter schools have attempted to fire their for-profit operator, they find it impossible to do without destroying the schools in the process. In addition, the spending of the for-profit is hidden from public inspection and is not subject to FOIA requests.

I fully support the proposed regulation that “the community impact analysis must describe how the plan for the proposed charter school take into account the student demographics of the schools from which students are, or would be, drawn to attend the charter school.” The reporting of needs based on enrollment patterns as well as the impact on local desegregation efforts is most welcome.

In the past, one of the most segregated charter chains in the country received CSP grants. Arizona’s BASIS schools, do not provide free or reduced-priced lunch nor transportation. BASIS expects parents to make donations to subsidize teacher salaries. In a state where 52% of all students are eligible for free or reduced-price lunch, the percentage in BASIS schools is only 1%. While 13% of Arizona’s public school students are students with disabilities, the percentage in BASIS schools is 3%. Latinx and Black students are dramatically underrepresented in the schools in this chain. Eight Arizona BASIS charter schools were recipients of CSP sub-grants between 2010-2017 receiving over $5 million dollars.

The inclusion of an impact statement will help reviewers make the best decisions regarding which schools should get awards. The impact analysis requirements should include a profile of the students with disabilities and English language learners in the community along with an assurance that the applicant will provide the full range of services that meet the needs of all students. Too often, the neediest students are left behind in our districts, while funding leaves the schools along with students who require fewer services.

I fully support priorities one and two. They will help us get back to the original purpose of charter schools—innovative places run by teachers and families in cooperation with our local schools. I do not want my tax dollars to go to create new schools for the benefit of the big EMO and CMO chains.

Submit your comment by cutting and pasting it here.

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The National Education Association issued an appeal for educators and other concerned citizens: Raise your voice to stop the federal funding of corporate charter schools!

Now is your chance to be heard.

NEA writes:

Email the U.S. Department of Education to advocate for the end of corporate charter schools and support accountability and transparency for all schools taking our tax dollars.

  • All schools that receive public funds should be held to the same excellence, equity, and transparency standards as district-run public schools. The original intent of charter schools was to provide a space for educators to be more flexible and innovative.

Instead, big business boards and billionaires turned it into a money-making machine that benefits only themselves. The growth of these corporate charters has undermined local public schools and communities—taking taxpayer money with no oversight or any overall increase in student learning and growth.

The U.S. Department of Education is taking these very real issues seriously and is proposing an end to the support of corporate charter schools. We applaud this effort, but there will be loud voices paid by the billionaires running these schools to speak out against this positive step.

That’s why we need your voice. You can speak out in support of the Department of Education’s proposal to ban for-profit schools from applying for grants and receiving funds to open charters, and demand that charter schools be held to the same standards as traditional public schools.

You may use the sample message provided, but we encourage you to share your personal stories and examples. Tell the U.S. Department of Education how important it is to you personally that for-profit charter schools be held to the same accountability and transparency rules as public schools.

What is the federal comment period and what can I do to help?

The Department of Education is seeking comments from the public about the proposed standards. When you send your letter through this form, it will be added to the federal register as part of the official request for comments and be made public. Written comments on this final rule should be received on or before April 13, 2022.

You can help by writing a personalized letter detailing stories and examples. The more personal the better!

Open the link to see the sample letter and instructions about contacting the Department of Education.

Billy Townsend remembers Florida Governor Ron DeSantis’s servile devotion to Trump while he was president. Now DeSantis is positioning himself to run for President against the old fool in 2024. But Ron D. has a serious liability: his continued friendship with a corrupt lobbyist for the charter industry.

DeSantis…banished Ralph Arza in 2018 from the sight of his campaign with much public dudgeon, for a pretty good reason: Ralph is a convicted criminal witness tamperer kicked out of the Legislature for making drunken, threatening, racial-slur filled phone calls. Ralph also happens to be director of governmental affairs for the Florida Charter School Alliance (FCSA) and chief political hit man for the Florida charter school industry…

Since DeSantis appointed Richard Corcoran, Ralph has been acting as the de facto second in command at the collapsing DeSantis Florida Department of Education, which has been run by disgraced, outgoing Florida Education Commissioner Richard Corcoran. Corcoran once told me face-to-face he considers Ralph a “friend.”

Ralph is also a crucial figure in the ongoing DoE/Jefferson/MGT consultant bid-rigging scandal. Four of Ralph’s relatives worked for the Academica-owned charter school that Sen. Manny Diaz and Richard Corcoran forced on Jefferson County before it quit. And Ralph was present for no good reason during a potentially corrupt official meeting last fall, first reported by the Tampa Bay Times/Miami Herald. Full rundown of Ralph’s still not fully explained role in it here.

Billy Townsend is an acerbic critic of Florida charter scandals and the state commissioner Richard Corcoran, whose wife runs a charter school. He never runs out of material.

In this post, he tells the story of a politician, Manny Diaz, who works for a charter chain, blaming a struggling community for the failure of his employer’s charter school, which was launched with much razzle-dazzle.

The nonprofit, nonpartisan group “In the Public Interest” explains the need to regulate the $440 million federal Charter Schools Program, which is awash in waste, fraud, and abuse.

Did you know that the federal government spends $440 million every year to help start privately run charter schools?

Did you know that some of that money ends up in the hands of people who never actually open schools or open them and quickly close them? And that some goes to charter schools run by for-profit organizations in communities that do not want them.

Some even goes to charter schools with a history of worsening racial segregation and others that exclude, by policy or practice, students with disabilities and students who are English Language Learners.

That’s why it’s a big deal that Department of Education just proposed new rules to reform its funding program.

And why YOU, as an individual and/or an organization, need to send a comment in support of the department’s proposed changes.

Please open this link and comment or attach a letter (the deadline is April 13).

Make sure you write that you support the proposed changes. Try to personalize it as much as you can. Talk about how charter schools are impacting your school district or how they might if they started opening and taking away public school dollars. (Here’s a post from education historian Diane Ravitch with more on what to write.)

If you’re short on time, just say who you are and that you support the changes.

Here are the most important proposed reforms:

  • A proposed charter school would need to divulge how it will impact the local school district, including finances, demographics, and educational needs.
  • A proposed charter school would need to demonstrate how it would serve the local community.
  • Charter schools operated by for-profit organizations would no longer be eligible for funding.

The charter school industry is fighting the new regulations with all they’ve got. Opinion pieces are echoing across right-wing media.

Let the Department of Education know they are supported. Comment before April 13. It will only take a few minutes.

If you need help writing a comment, don’t hesitate to email us.

Keep in touch,

Jeremy Mohler
Communications Director
In the Public Interest

P.S. We have a new website!!!

Ohio knows charter schools. A lobbyist for the charter school industry wrote the law. Charter schools are mistakenly called “community schools.” Most charter schools in the state are failing schools, but that does not dim the enthusiasm of the GOP legislature for them. Ohio welcomes for-profit charter schools. Charters drain money from public schools.

For the first time in the history of the federal Charter Schools Program, which started in 1994, the federal U.S. Department of Education has proposed regulations to exclude for-profit management of charters that seek federal funding to expand and to require charters seeking federal funding to present a summary of their charter on the locality where they plan to open.

Jan Resseger, who lives in Ohio, sent the following appeal to her followers.

Please Support the Proposed USDOE Rule Changes for the Federal Charter Schools Program

Submit a comment supporting the Department’s new stronger regulations. You can submit your comment HERE, and you must submit the comment before April 13, 2022.

Please read Ohio Public Education Partners’ explanation of an urgently important development that requires our immediate attention. The U.S. Department of Education has published a notice in the Federal Register proposing new rules to strengthen oversight of the federal Charter Schools Program (CSP). It is urgently important for each one of us to write and submit a formal comment expressing support for stronger oversight of the Charter Schools Program.

First, even though the Elementary and Secondary Education Act forbids the allocation of federal dollars to for-profit charter schools, the owners of for-profit charter management organizations (CMOs) have learned how to get around the law. The U.S. Department of Education has proposed to stop the misallocation of federal Charter Schools Program (CSP) dollars to for-profit charter school management companies that hide behind the nonprofit charter schools they manage under sweeps contracts.

Second, when a charter school asks for Charter Schools Program startup funds, the Department has declared its intention to require a community impact statement to ensure that there is a need for a new charter school in the community and that the school won’t promote racial segregation. Neither should rapid expansion of charter schools undermine urban neighborhoods. The most serious consequence of out-of-control charter school expansion has been evident in large cities, where charter schools advertise lavishly to attract families from public schools.

Here is the language of the two urgently important rules the U.S. Department of Education proposes to add:

First — “Each charter school receiving CSP funding must provide an assurance that it has not and will not enter into a contract with a for-profit management organization, including a non-profit management organization operated by or on behalf of a for-profit entity, under which the management organization exercises full or substantial administrative control over the charter school and, thereby, the CSP project.”

Second — “Each applicant must provide a community impact analysis that demonstrates that there is sufficient demand for the proposed project and that the proposed project would serve the interests and meet the needs of students and families in the community or communities from which students are, or will be, drawn to attend the charter school, and that includes the following: (a) Descriptions of the community support and unmet demand for the charter school, including any over-enrollment of existing public schools or other information that demonstrates demand for the charter school, such as evidence of demand for specialized instructional approaches. (b) Descriptions of the targeted student and staff demographics and how the applicant plans to establish and maintain racially and socio-economically diverse student and staff populations, including proposed strategies (that are consistent with applicable legal requirements) to recruit, enroll, and retain a diverse student body and to recruit, hire, develop, and retain a diverse staff and talent pipeline at all levels (including leadership positions).”

Please submit a comment supporting the Department’s new stronger regulations. Don’t let yourself be intimidated by the complicated language and presentation of the new rules in the Federal Register. Begin your comment by thanking the Department of Education for strengthening long-needed accountability in this program. In simple prose, explain your support for each of the proposed new rules for the Charter Schools Program. In your comment, if you like, you may quote the language (above) of each rule followed by your reason for believing the new regulation is so important. Your comment may be as long or as short as you like—a few sentences or several paragraphs. Longer comments must be submitted as attached documents.

You can submit your comment HERE, and you must submit the comment before April 13, 2022.

If you are not planning to write your own comment, you may send the Network for Public Education’s action alert letter, but I urge you to personalize your letter by adding a few sentences of your own.

Jan Resseger

 

The federal Charter Schools Program was launched in 1994 with a few million dollars, when the Clinton administration decided to offer funding for start-ups. At the time, there were few charter schools. In the early, idealistic days, charter enthusiasts asserted that charters would set lofty goals and close their doors if they didn’t meet them. They were sure that charters would be far better than public schools because they were free to hire and fire teachers.

Right-wingers jumped on the charter bandwagon as a way to undermine public schools and to bust teachers’ unions. In short order, a gaggle of billionaires decided that charter schools would succeed because they operated with minimal or no regulation, like a business.

What no one knew back in 1994 was that the charter industry would grow to be politically powerful, with its own lobbyists. No one knew that the “most successful” charter schools were those that excluded the students who might pull down their test scores. No one knew that for-profit entrepreneurs would set up or manage charter chains and make huge profits, mainly by their real estate deals. No one knew that one of the largest charter chains would be run by a Turkish imam. No one knew that charter schools would develop a very old-fashioned militaristic discipline that prescribed every detail of a student’s life in school. No one knew that the little program of 1994 would grow to $440 million a year, with much of it bestowed on deep-pocketed chains that had no need of federal money to expand. No one knew that charter schools would become a favorite recipient of big money from Wall Street hedge-fund managers and billionaires like Bill Gates, the Walton family, Eli Broad, Michael Bloomberg, John Arnold, Betsy DeVos, Reed Hastings, and many other billionaires and multi-millionaires. No one anticipated that by 2022, there would be 3.3 million students in more than 7,400 charter schools.

Perhaps most important, no one expected that charter schools, on average, would perform no better than public schools. And in many districts and states, such as Ohio, Nevada, and Texas, charter schools perform far worse than the public schools.

School choice has been a segregationist goal ever since the Brown Decision of 1954, when southern states created segregation academies and voucher plans to help white students escape from racial integration. It should be no surprise, then, to see that the same states that are passing laws to restrict discussion of racism, to ban teaching about sexuality and gender, and to censor books abut these topics are the same states that demand more charter schools. Coincidence? Not likely. These are culture war issues that rile the Republican base.

How strange then, given this background, that the Washington Post published an editorial opposing the Department of Education’s sensible and modest effort to impose new regulations on new charter schools that seek federal funding. The education editorial writer Jo-Ann Armao very likely wrote this editorial, since she has that beat. Armao was a cheerleader for Michelle Rhee when she was chancellor of the D.C. schools and imposed a reign of terror on the district’s professional staff, based on flawed theories of reform and leadership.

In the following editorial, she makes no effort to offer two sides of the charter issue (yes, there are two, maybe three or four sides). She writes a polemic that might have been cribbed from the press releases of the National Alliance for Public Charter Schools, the amply endowed lobbyist for the industry. She gives no evidence that she has ever heard of the high closure rate (nearly 40%) of the charters that received federal funds from the Charter Schools Program. She seems unaware of the scores of scandals associated with the charter industry, or the number of charter founders who have been convicted of embezzlement. She doesn’t care about banning for-profit management from future grants. She thinks it’s just fine to set up new charters in communities where they are not needed or wanted. She seems unaware that the new regulations will not affect the 7,000 charters now in existence. Charters can still get start-up funding from Michael Bloomberg, the Waltons, or other privatizers. New charters can still be opened by for-profit entrepreneurs like Academica, but not with federal funds.

Here is the editorial, an echo of press releases written by Nina Rees of the National Alliance for Public Charter Schools (Rees previously worked at the right-wing Heritage Foundation, served as education advisor to Vice-President Dick Cheney, and worked for financier Michael Milken).

The editorial’s title is: “The Biden Administration’s Sneak Attack on Charter Schools.”

Advocates for public charter schools breathed easier last month when Congress approved $440 million for a program that helps pay for charter school start-up expenses. Unfortunately, their relief was short-lived. The Biden administration the next day proposed new rules for the program that discourage charter schools from applying for grants, a move that seems designed to squelch charter growth.


On March 11, a day after the funding passed, the Education Department issued 13 pages of proposed rules governing the 28-year-old federal Charter Schools Program, which funnels funds through state agencies to help charters with start-up expenses such as staff and technology. “Not a charter school fan” was Mr. Biden’s comment about these independent public schools during his 2020 presidential campaign, and the proposed requirements clearly reflect that antipathy.


The Biden administration claims that the proposed rules would ensure fiscal oversight and encourage collaboration between traditional public schools and charter schools. But the overwhelming view within the diverse charter school community is that the proposed rules would add onerous requirements that would be difficult, if not impossible, to meet and would scare off would-be applicants. Those most hurt would be single-site schools and schools led by rural, Black and Latino educators.


Consider, for example, the requirement that would-be applicants provide proof of community demand for charters, which hinged on whether there is over-enrollment in existing traditional public schools. Enrollment is down in many big-city school districts, which would mean likely rejection for any nonprofit seeking to open up a charter. “Traditional schools may be under-enrolled, but parents are looking for more than just a seat for their child. They want high quality seats,” said Nina Rees, president of the National Alliance for Public Charter Schools.Hence the long waiting lists for charter school spots in cities with empty classrooms in traditional schools. Also problematic is the requirement that charters get a commitment of collaboration from a traditional public school. That’s like getting Walmart to promise to partner with the five-and-dime down the street.

The Biden administration surprised the charter school community by what charter advocates called a sneak attack. There was no consultation — as is generally the case with stakeholders when regulations are being drafted — and the public comment period before the rules become final ends April 14.The norm is generally at least two months.

The proposed changes, according to a spokesperson for the Education Department, are intended to better align the Charter Schools Program with the Biden-Harris administration’s priorities. “Not a charter fan,” Mr. Biden said, and so bureaucratic rulemaking is being used to sabotage a valuable program that has helped charters give parents school choice.

If you disagree with this editorial, as I do, please send a comment thanking the Department of Education for proposing to regulate a program that has spun out of control and urging them to approve the regulations. Give your reasons.

If you think that charter schools have no need for federal funding when so many billionaires open their wallets for them, if you think that your community has enough charter schools, if you think that public schools must be strengthened and improved, if you want to stop federal funding of for-profit entrepreneurs, if you are tired of funding schools that never open, please write to support the U.S. Department of Education’s reasonable proposal to regulate the federal Charter Schools Program.

People often wonder how charter entrepreneurs make money. This article by Carol Burris, executive director of the Network for Public Education, appeared on Valerie Strauss’s Answer Sheet blog in 2019. It’s a cautionary tale that is as important now as it was then. The new regulations for the federal Charter Schools Program would ban “sweeps contacts” in which for-profit corporations control the funding of charters they manage.

Burris writes:

National Heritage Academies (NHA), the third-largest for-profit charter chain in the nation, is selling 69 of its more than 90 schools to a new corporation created just for the purchase. Charter Development Co., the real estate arm of NHA, will receive the payout from a sale that requires nearly $1 billion to finance. This massive transfer of public dollars into private wealth is running into some roadblocks, however, in NHA’s home state of Michigan.

Both Charter Development Co. and NHA are owned by J.C. Huizenga, an education reform entrepreneur who refers to himself as “the son of a garbage man.” His father was hardly the typical garbage collector, however. In 1971, his successful business joined forces with those of his cousin, H. Wayne Huizenga, to create Waste Management, a trash disposal company worth almost $64 billion today.

The sale of the 69 NHA campuses in seven different states, like the operation of Huizenga’s charter schools, is wrapped in secrecy, even though taxpayers have paid the mortgages for years.

According to the documentation provided to the Wayne County, Mich., Commission, which was asked to approve the deal for 15 schools, the buyer is Campus Partners 1, which describes itself as a Michigan nonprofit organization.

Campus Partners 1’s charitable tax-exempt status, however, has not yet been granted by the Internal Revenue Service. The corporation has no website. It has no records filed with the Michigan attorney general, which is a requirement for nonprofit organizations in that state. Its November 2020 articles of incorporation provide scant information other than an incorporation date and boilerplate bylaws.

The president of Campus Partners 1, according to the documentation given to Wayne County, is John Grant, who serves as general counsel to J.C. Huizenga and his interests. Campus Partners 1 will contract with NHA’s related Charter Development Co. for a facility maintenance contract and “ground lease” so that the buildings can continue to be a cash cow for the for-profit organization. While ownership may technically change hands for the cash-out, control will still be in the hands of NHA.

One might wonder what organization would loan $853,600,000 to a corporation of unsettled status that is less than a year old. Apparently, one that frequently finances for-profit private prisons will. The Industrial Development Authority of the County of La Paz in Arizona is issuing municipal bonds to finance the sale. National Heritage Academy has no charter schools in that county or even the state.

According to this 2014 report in Bloomberg News, La Paz issues municipal bonds to charter schools and for-profit prisons as a means to raise revenue. Arizona is one of only three states that allow the sale of municipal bonds to out-of-state entities. The bonds, according to Bloomberg, are intended to give “riskier borrowers from charter schools to private prisons access to the $3.7 trillion municipal market.”

This is not the first time an Arizona county has financed a charter school cash-out with municipal bonds. Jim Hall, founder of Arizonans for Charter School Accountability, studies the state’s for-profit charter sector. “Bill Coats sold his Leona charter chain for $72 million,” he said. On his website, Hall detailed the sale of Coats’s charter school real estate in 2007.

Coats sold his schools to a Michigan nonprofit he founded by persuading the Pima Industrial Authority of Arizona to issue $82 million in bonds to pay for the sale of 10 of his charter schools, plus expenses.

Like its counterpart in La Paz County, Pima sold municipal bonds, which are attractive to the wealthy for their potential high returns on which they pay neither federal nor state taxes. From mortgage payments to the tax-exempt payouts from the bonds, taxpayers fund charter cash-out deals.

The questionable nature of these dealings has not been lost on some local authorities — at least two of which are putting on the brakes.

Earlier this month, Mount Clemens City Commission refused to approve the sale of the bonds to Campus Partners 1 when it found out that the board of directors of Prevail Academy had no idea that its building was to be sold and had no input into the new lease.

According to reporter Mitch Hotts of the Macomb Daily, Prevail’s board of directors approached the city manager for details regarding the transaction. The firm representing Campus Partners 1 acknowledged that the board of the supposedly independent nonprofit school might have been left in the dark but said that although the board of the school was not briefed, “the owners were in favor of the sale.” The commission is putting the sale on hold, pending further information.

The board’s concern about the new lease is understandable. If the sale goes through, the board will be committing to a 30-year lease with Campus Partners 1.

Casandra Ulbrich, president of the Michigan State Board of Education, is concerned with the terms of the lease as well. “Most charter schools are authorized for five-year intervals,” she wrote in an email on Aug. 25. “What happens if a school closes or isn’t reauthorized? Who will end up ‘holding the bag’?”

Mount Clemens was not the only location where NHA encountered a roadblock. NHA wants to sell 46 of its Michigan charter schools, 15 of which are in Wayne County.

When advocates of the sale made their pitch to a standing committee of that county’s commissioners, they were met with skepticism and resistance to the sale.

“I just can’t help but think that for every charter school that opens up, one of our public schools closes. … I am going to be a no vote on this one,” council member Irma Clark-Coleman said at the meeting. The Arizona lawyer representing the deal pushed back by describing the requested action as “a technical, administrative thing.”

Council members in attendance unanimously approved a motion to reject approving the bonds for the sale, making it clear that they did not want to be what they called a “one-stop-shop” for the 15 schools.

After the meeting, I spoke with council member Tim Killeen, who was outspoken in his opposition to the deal, and asked him why. “It did not pass the smell test,” he said. “This was not a normal request. It felt like they thought we were going to roll over.”

The representatives of NHA told the Wayne County Commission’s standing committee that if they did not approve the sale, they would ask the localities where the schools are located, or if need be, use private bonds that do not need approval. Denial would just slow the deal down. They also said they might approach the full commission but never did, perhaps not wanting to draw attention to their multi-state efforts.

Can the boards of the charter schools themselves block the sale? In theory, any NHA schools that might not like the new lease agreements should be able to negotiate with the new owner or find another home. They should also be able to fire the for-profit management company pushing the sale. But theory meets reality when charters run by for-profits try.

In 2014, the Detroit Free Press reported what occurred when one NHA school, Detroit Enterprise Academy, attempted to break free of NHA. The board had questioned why the school spent almost $1 million a year on its building lease. According to the story, when the board sought financial information, they were “treated as a student council.”

The board president resigned when she pressed for financial details and was told by NHA that it was “none of the board’s business.” When the board tried to fire the for-profit management company, the school’s authorizer, Grand Valley State University, said the school would not have its charter renewed if the board fired NHA.

According to the letter from the authorizer, the evaluative measures that Grand Valley would use would “cease to exist” because “NHA employs the faculty and administration, NHA owns the building, curriculum and all of the equipment.”

According to reporter Jennifer Dixon, when NHA’s Metro Charter Academy sought a cheaper lease and asked for financial records, Grand Valley “suggested the entire board resign — and summarily reduced the term of office for two who refused.”

Detroit Enterprise Academy is now up for sale for $14.5 million and Metro Academy for $16 million, according to the document presented to the Wayne County Commission.

How does absolute control of a school that a corporation is supposed to work for happen? It happens because NHA operates its schools via sweeps contracts, in which the nonprofit board turns over school control and taxpayer funding to the for-profits. Such contracts are not uncommon in the for-profit-run charter world.

Other examples of sweeps contracts include the contract between the Ohio Distance and Electronic Learning Academy and the for-profit chain Accel Online Ohio, a Nevada limited liability company; the contract between Northeast Raleigh Charter Academy and its for-profit management Torchlight Academy Schools, and the contract between Ohio Virtual Academy and K12 Virtual Schools.

While agreements between for-profit management companies and their schools are hard to find because of the lack of transparency built into state charter laws, as we searched across states, we found the contracts for chain schools and the for-profit management companies to be consistent.

In most cases, for-profit management is an attempt to get around Title 20 of the Elementary and Secondary Education Act, which requires schools to be nonprofit organizations to be eligible to receive federal funding. The nonprofit school is a facade for the for-profit corporation.

And it is the reason the charter lobby unsuccessfully fought so hard to defeat Section 314 of the Departments of Labor, Health and Human Services, and Education 2022 appropriations bill. If adopted by the Senate, it would close the loophole that allows nonprofit schools to be cash cows for for-profit operators.

Ultimately, Huizenga’s charter school cash-out financed by the taxpayers will probably go forward. Unless Congress acts and closes the loophole, the 139 for-profit corporations that manage more than 1,100 charter schools in the United States will continue to put profits before taxpayers and kids. And more cash-outs funded at taxpayers’ expense will occur.