Public Records and Charter Schools – Part Three: Ohio Department of Education (ODE)

Under state law, the ODE is responsible for the legal oversight of the state’s network of charter schools, the distribution of state funds that support them, and the enforcement of such compliance measures which are in place. The Department is also in the awkward position of being a charter sponsor itself, with about 25 schools under its sponsorship. In looking at ODE’s role as the compliance mechanism for charters, the Ohio Coalition for Equity & Adequacy of School Funding (Ohio E&A) requested records from the state education agency pertaining to the 17 Ohio Concept Schools from 2008 to the present.

The records received from ODE are abundant in detailing parent complaints regarding the instructional program offered at the Ohio Concept Schools.

Among the complaints received by the Department are issues regarding the proper placement of students consistent with Individuals with Disabilities Education Act (IDEA) requirements that govern students with disabilities.

A review of the correspondence supplied by ODE indicates that a number of the Gulen schools have experienced other issues besides special education, including allegations by a number of teachers in 2014 at the Horizon Science Academy – Dayton, which were reviewed by the state board of education. The report by the school’s sponsor organization (see Part Four) that was submitted to ODE about the charges against the school has formed the basis of much criticism during the last several years. The charges included lax administrative procedures, physical labor required of the staff, and discrimination by administrators against some staff members. Again, this issue will be reviewed in more detail in Part Four.

In late 2017, the records reveal, the law firm representing Concept Schools and the Gulen chain contacted ODE to advise that the FBI investigation into their schools was still ongoing. Counsel stated that the U.S. Attorney in Cleveland is in charge of the government’s efforts to look at possible irregularities into the use of federal funds allocated for these schools.

Prior to that, a Washington law firm representing the Republic of Turkey contacted State Superintendent Paolo DeMaria. In the letter, the attorneys suggested that the state agency look more thoroughly into the affairs of Horizon Science and Noble Academies, the Gulen-related chain managed by Concept Schools. The law firm alleged that these schools, authorized by Buckeye Community Hope Foundation (BCHF) and ESC of Lake Erie West (ESCLEW), “work under a shroud of secrecy and seemingly under the direction of a handful of Turkish religious leaders. Many of these schools and their operators share a history of financial mismanagement, suspected fraud, apparent self-dealing, discrimination, and unusual immigration/visa practices.”

Also found among the documents submitted by ODE were two reports that are both dated January 16, 2018. Both were submitted by the two sponsors of all of the Ohio Concept Schools, BCHF and ESCLEW. Both also bear the same title – Investigation Report: Concept Schools and are similar in nature. They were written in the same format, and only the conclusion part shows a slightly different narrative approach.

Here is one example: “The ESCLEW has verified the physical address of all governing authority members to ensure that geographical locations have not interfered with attendance to the school or to governing authority.” In the report submitted by the BCHF, that identical sentence is found, followed by an additional sentence for each of their schools under contract. That sentence states “No current members live more than 75 miles from the school.” This statement is repeated for all of the schools under BCHF sponsorship.

Both reports end in the same manner, stating that the FBI investigation was disclosed to the sponsor, but no details are offered. Moreover, both sponsors promise to “monitor attendance at (board) meetings, financials, leases, and teacher turnover.”

It is interesting to note that less than a month after these nearly identical reports were submitted to ODE, a staff member in ODE’s charter school office wrote on February 5, 2018 to ESCLEW in Toledo, regarding an observation about Horizon Science Academy Columbus High School:

“Also I would appreciate a copy of the minutes of the GA meeting … And I was surprised that each of the Concept schools in and around Morse Road area of northern Columbus seem to have the same governing authority and they meet on the same day, same place and same time.”

Apparently, this inbreeding among governing boards of Concept Schools does not seem to be an issue with the schools’ sponsors, although it did appear on the radar, however briefly, of ODE. The public would certainly be interested in seeing a graphic of these intersections of boards, along with the traveling distance of the governing board members and the time of day these boards meet.

William L. Phillis | Ohio Coalition for Equity & Adequacy of School Funding | 614.228.6540 | ohioeanda@sbcglobal.net| http://www.ohiocoalition.org

Since the beginning of the charter school experiment in Ohio nearly 20 years ago, many questions have been raised about the nature of these schools inasmuch as nearly all are managed by private companies and have hand-picked, unelected governing boards. During the next several days, we will detail an attempt by the Ohio Coalition for Equity & Adequacy of School Funding (Ohio E&A) to find out more about a few of these publicly-funded but privately-operated schools.

Consistent with the Ohio Public Records Law, Ohio E&A sent a request to review all records from 2008 to the present held by the Ohio Department of Education as well as two other organizations that are sponsors of a national charter school chain. The request asked for records that were pertinent to “the operation and oversight” of 17 charter schools in Ohio that are managed by Concept Schools, a charter school management organization located in Chicago. The schools are part of the so-called Gulen network, named for a Turkish cleric who has helped to establish a national charter chain composed of about 167 schools. This chain operates schools under the Horizon Science Academy and Noble Academy brands in Ohio. According to some experts, this means that the Gulen Schools represent the second-largest charter chain in the nation, with only the K12 Inc. chain being larger by total student enrollment.

These schools have been a subject of controversy for years inasmuch as news reports have shown that they are staffed with many Turkish immigrants, while other staff positions have also been filled by Turkish nationals who are in the country on the basis of H1B visas. Critics have said that every foreign national hired at a Gulen charter school is one less job available for a fully licensed, highly-qualified teacher.

In 2014, some of the Gulen Schools were the subject of raids by the FBI, and records were removed from schools across the country. Three of the schools were in Ohio.

The public’s access to records is an important part of open government and transparency. In June, Denis Smith, a retired consultant in the Ohio Department of Education’s charter school office, wrote an Op-Ed in the Columbus Dispatch in support of Ohio E&A’s request for public records and voiced his displeasure about the slow response from the two public agencies in acknowledging receipt of the request for records. The response from the third agency, a non-profit organization, will be explored further in Part Four of this series.