Lawsuit against The Accelerated Schools corporate charter chain

This action against The Accelerated Schools (TAS) corporation, on behalf of Michael Kohlhaas dot org, is my second lawsuit against a charter school. My first was against the Partnerships to Uplift Communities (PUC) corporation as third chair at the amazing education law firm that I clerk part-time at. We won that one back in October on behalf of a student of color that was wrongfully expelled — look for a blogpost on the Law Offices of Hirji & Chau, LLP regarding that major victory soon. I'm so fortunate to have the esteemed Rosa K. Hirji and others at her firm as my mentors.

Back to the TAS suit, which is my first for the Michael Kohlhaas dot org activists. They gave me a choice of several to pick from, but I felt like starting with the corporate charter that wronged Hilda Rodriguez-Guzman was the right thing to do. My motivation to suffer through law school at night while working during the day, and then to pass the bar exam on the first attempt despite having no time off from work and no commercial bar prep class, was the prospect at becoming a threat to these vile, discriminatory charter school corporations that steal from children and our communities. I'm glad that I'm finally able to threaten the one thing charter corporations care about— their revenue streams.

Tennessee Celebrates Charter Growth But Ignores Horrid State Report Cards

Jane Roberts at the Commercial Appeal has a gushing piece this morning on the growth of the segregated corporate charter schools in Tennessee, particularly in Memphis, Tennessee's Gates Hub.  Here's how she begins:

Tennessee is popping up on education reform maps for its innovation, including that it now has the fastest-growing charter school movement in the nation.

Eleven charters opened in the state last year, a 37 percent increase. The number of students attending charter schools -- about 9,500 -- jumped 38 percent over the 2009-2010 school year, down several percentage points from the last year but still the fastest growth in the nation, according to National Alliance for Public Charter Schools.

"Tennessee went from having some of the poorest legislation in support of charters to some of the most favorable. That was the precursor to making Tennessee a hotbed for charter growth," said Jamal McCall, executive director of KIPP Memphis charter school.. . .

Growth, indeed.  Too bad Jane doesn't seem at all concerned about the abysmal performance of these new child chain gangs, where learning takes a back seat to behavioral control and cultural sterilization.

Below are the test results for the Memphis charters in Jane Roberts's back door. Released December 6.  If anyone is curious, here's the link. And here is a link to a previous post for Memphis charter data on value-added scores.

What jumps out in looking at these reports is that, while the state is creeping forward, the Memphis charters are moving backwards since 2009 in terms of grades.

No Achievement Scores were posted on the State website for New Consortium of Law and Business, Memphis College Prep, and City University School of Liberal Arts.

(Please excuse the weird spacing).

 KIPP Diamond Academy

Academic Achievement Grades

This page displays the 2009 re-start of all comparison reporting for achievement data for
Tennessee’s annual comprehensive educational report card.

Only 2009 converted data are reported and no trend data are available.

Scores and grades may only be compared for 2008-09 and 2009-10. (See Note.)

Grades 3-8: TCAP Criterion Referenced Academic Achievement									View Chart ?
(3 year average)	2009		2010		2011			2011 State
CRT	Score	Grade	Score	Grade	Score	Grade	Trend	Score	Grade	Trend
Math	-	-	50	B	51	B	NC	50	B	+
Reading/Language	-	-	42	D	40	D	NC	49	C	NC
Social Studies	-	-	47	C	49	C	NC	52	B	NC
Science	-	-	39	F	37	F	NC	49	C	NC
Note:   The 2009 baseline provided a fixed transition point prior to the 2009-10 school year implementations of the new curriculum standards and assessments more reflective of national and international student performance in the 21st Century. The 2009 achievement scores and all grades connected with these scores are considered the new baseline for future public reporting. These converted achievement scores and grades are based on restructured calculations and a redefined grade scale that are updated to reflect the current status of educational attainment in the state in 2009. The 2009 change has prohibited comparisons to previous years’ data prior to 2009 for achievement reporting including state, district, and school-level scores and grades. For 2010, the most appropriate and meaningful comparsion would be to 2008-09 and the 2010 State level data.

 Memphis Business Academy

									Grades 3-8: TCAP Criterion Referenced Academic Achievement View Chart ? (3 year average) 2009 2010 2011 2011 State CRT Score Grade Score Grade Score Grade Trend Score Grade Trend Math 43 D 40 D 39 F - 50 B + Reading/Language 43 D 42 D 39 F - 49 C NC Social Studies 44 D 47 C 45 C NC 52 B NC Science 41 D 42 D 37 F - 49 C NC

Memphis Academy of Science and Engineering

Grades 3-8: TCAP Criterion Referenced Academic Achievement									View Chart ?
(3 year average)	2009		2010		2011			2011 State
CRT	Score	Grade	Score	Grade	Score	Grade	Trend	Score	Grade	Trend
Math	39	F	36	F	34	F	NC	50	B	+
Reading/Language	43	D	39	F	35	F	NC	49	C	NC
Social Studies	42	D	41	D	38	F	-	52	B	NC
Science	46	C	41	D	36	F	-	49	C	NC

Memphis Academy of Health Science

Grades 3-8: TCAP Criterion Referenced Academic Achievement									View Chart ?
(3 year average)	2009		2010		2011			2011 State
CRT	Score	Grade	Score	Grade	Score	Grade	Trend	Score	Grade	Trend
Math	43	D	43	D	46	C	+	50	B	+
Reading/Language	45	C	44	D	42	D	NC	49	C	NC
Social Studies	48	C	50	B	50	B	NC	52	B	NC
Science	51	B	48	C	45	C	NC	49	C	NC

 Southern Avenue Charter School

Grades 3-8: TCAP Criterion Referenced Academic Achievement View Chart ? (3 year average) 2009 2010 2011 2011 State CRT Score Grade Score Grade Score Grade Trend Score Grade Trend Math 37 F 36 F 37 F NC 50 B + Reading/Language 37 F 37 F 39 F NC 49 C NC Social Studies 37 F 39 F 40 D + 52 B NC Science 36 F 36 F 36 F NC 49 C NC
Star Academy
Grades 3-8: TCAP Criterion Referenced Academic Achievement View Chart ? (3 year average) 2009 2010 2011 2011 State CRT Score Grade Score Grade Score Grade Trend Score Grade Trend Math 51 B 50 B 52 B NC 50 B + Reading/Language 47 C 47 C 49 C NC 49 C NC Social Studies 41 D 40 D 40 D NC 52 B NC Science 41 D 41 D 39 F - 49 C NC

Promise Academy

Grades 3-8: TCAP Criterion Referenced Academic Achievement									View Chart ?
(3 year average)	2009		2010		2011			2011 State
CRT	Score	Grade	Score	Grade	Score	Grade	Trend	Score	Grade	Trend
Math	-	-	45	C	46	C	NC	50	B	+
Reading/Language	-	-	42	D	42	D	NC	49	C	NC
Social Studies	-	-	36	F	36	F	NC	52	B	NC
Science	-	-	36	F	35	F	NC	49	C	NC

Circles of Success Learning Academy

Grades 3-8: TCAP Criterion Referenced Academic Achievement									View Chart ?
(3 year average)	2009		2010		2011			2011 State
CRT	Score	Grade	Score	Grade	Score	Grade	Trend	Score	Grade	Trend
Math	46	C	40	D	42	D	NC	50	B	+
Reading/Language	45	C	41	D	40	D	NC	49	C	NC
Social Studies	41	D	40	D	38	F	-	52	B	NC
Science	36	F	34	F	32	F	NC	49	C	NC

Soulsville Charter School

Grades 3-8: TCAP Criterion Referenced Academic Achievement									View Chart ?
(3 year average)	2009		2010		2011			2011 State
CRT	Score	Grade	Score	Grade	Score	Grade	Trend	Score	Grade	Trend
Math	45	C	41	D	39	F	-	50	B	+
Reading/Language	45	C	41	D	37	F	-	49	C	NC
Social Studies	44	D	42	D	42	D	NC	52	B	NC
Science	42	D	40	D	37	F	-	49	C	NC

Tennessee Charter School Data Gives Good Reasons to Go Slow or Begin Backing Up

On Monday the Commercial Appeal in Memphis carried a story on efforts by local officials to take a deep breath and assess the charter school situation as these same officials work to create a Metro school system out of separate city and county systems.  This seems to be a reasonable proposal, but, of course, the hedge funders, vulture philanthropists, Koch Brothers puppet, Gov. Haslam, and other corporate welfare bottom feeders are in an instant lather to block any effort to call a timeout on the spread of the intensely segregated (by race and class) exclusionary charter schools in Memphis, with their punishing protocols that no middle class parent would consider for their own children.

Greg Thompson, former investment banking analyst and new chief of the Tennessee Charter School Incubator, is leading the charge for the uninterrupted flow of public money into these corporate charters.  He and the front office of KIPP, Inc. and TFA, Inc. argue that the spread of these urban chain gangs should remain unhindered by planning, evaluation, or just a little common sense. To bolster their insistent whine, they refer to "a report issued this month on behalf of the Center for Research on Education Outcomes (CREDO) at Stanford University," even though the State has yet to produce such a report despite repeated requests to various offices within Commissioner Kevin "TFA" Huffman's Department of Education.

So far, all that we have is a joint press release from TN's Achievement School District/New Schools for New Orleans, both of whom are supposedly contracting with CREDO for some kind of services to help determine which schools get the federal "innovation" grants.  The Press Release has never even been posted to the Web, even though it is dated September 30, 2011 (email me if you want a copy of it).  From the Press Release:

   So if a school does not have three years of data, then its "effect size" cannot be determined, right?   Again, from the Press Release:

Now here is the first oddity in this.  Of the 15 Memphis charter schools on the list of high flyers from 2008-2011, there are 5 schools with only one year of data, having opened only in the Fall of 2010:

Memphis School of Excellence

New Consortium of Law and Business

Circles of Success Learning Academy

Omni Prep Academy

Veritas College Preparatory Charter School  

Two others, Freedom Preparatory Academy and Promise Academy, have only been in operation for two years and, thus, have only 2 years of data.  Promise Academy is listed as the school with the highest math growth, and Veritas, just opened last year, is listed the school with highest reading growth.

Second oddity: Three of the schools on the "CREDO" list have simply awful results on the state TCAP tests, which are supposedly used by "CREDO" to arrive at the list of schools that are outperforming public schools:

Memphis Academy of Health Sciences in Memphis

Soulsville Charter School

Memphis Business Academy

The TCAP Composite Scores for these three schools are below, as they appear on the State's public site:

2011 School Value Added

Memphis Academy Of Health Sciences in Memphis

TCAP Composite

In 2010, the Tennessee Department of Education implemented significant changes in state testing. For the purposes of these analyses, the new testing has been equated so it can be reported on the same scale. The Growth Standard reflects these changes and is based on statewide student achievement in 2009.

Estimated School Mean NCE Gain
Grade	6	7	8	Mean NCE Gain over Grades Relative to
Growth Standard	0.0	0.0	0.0
State 3-Yr-Avg	0.2	-0.4	-0.6	Growth Standard	State
2009 Mean NCE Gain	12.1 G*	1.6 G*	-4.4 R*	3.1	3.4
Std Error	1.1	0.8	0.8	0.5	0.5
2010 Mean NCE Gain	8.8 G*	-5.5 R*	-7.3 R*	-1.3	-1.1
Std Error	1.0	0.8	0.7	0.5	0.5
2011 Mean NCE Gain	11.1 G*	-0.9 R	1.6 G*	3.9	4.2
Std Error	1.2	0.8	0.8	0.5	0.5
3-Yr-Avg NCE Gain	10.6 G*	-1.6 R*	-3.4 R*	1.9	2.2
Std Error	0.6	0.5	0.4	0.3	0.3
Estimated School Mean NCE Scores
Grade	6	7	8
State Base Year (2009)	50.0	50.0	50.0
State 3-Yr-Avg	47.1	47.0	46.7
2008 Mean
2009 Mean	48.6	48.4	41.6
2010 Mean	44.1	43.1	41.1
2011 Mean	46.0	43.2	44.7

G*	Estimated mean NCE gain is above the growth standard by at least 1 standard error.
G	Estimated mean NCE gain is equal to or greater than growth standard but by less than 1 standard error.
Y	Estimated mean NCE gain is below the growth standard by 1 standard error or less.
R	Estimated mean NCE gain is more than 1 standard error below the growth standard but by 2 standard errors or less.
R*	Estimated mean NCE gain is below the growth standard by more than 2 standard errors.

Soulsville Charter School in Memphis

TCAP Composite

In 2010, the Tennessee Department of Education implemented significant changes in state testing. For the purposes of these analyses, the new testing has been equated so it can be reported on the same scale. The Growth Standard reflects these changes and is based on statewide student achievement in 2009.

Estimated School Mean NCE Gain
Grade	6	7	8	Mean NCE Gain over Grades Relative to
Growth Standard	0.0	0.0	0.0
State 3-Yr-Avg	0.2	-0.4	-0.6	Growth Standard	State
2009 Mean NCE Gain	2.6 G*	-0.5 Y	-0.4 Y	0.5	0.8
Std Error	1.3	0.9	0.9	0.6	0.6
2010 Mean NCE Gain	-8.4 R*	1.1 G*	-3.5 R*	-3.6	-3.3
Std Error	1.9	1.0	0.9	0.8	0.8
2011 Mean NCE Gain	5.7 G*	-2.9 R*	-2.3 R*	0.1	0.4
Std Error	1.7	1.0	0.9	0.7	0.7
3-Yr-Avg NCE Gain	-0.1 Y	-0.8 R	-2.1 R*	-1.0	-0.7
Std Error	0.9	0.6	0.5	0.4	0.4
Estimated School Mean NCE Scores
Grade	6	7	8
State Base Year (2009)	50.0	50.0	50.0
State 3-Yr-Avg	47.1	47.0	46.7
2008 Mean
2009 Mean	35.6	40.5	44.7
2010 Mean	31.3	36.7	37.0
2011 Mean	44.7	28.4	34.4

G*	Estimated mean NCE gain is above the growth standard by at least 1 standard error.
G	Estimated mean NCE gain is equal to or greater than growth standard but by less than 1 standard error.
Y	Estimated mean NCE gain is below the growth standard by 1 standard error or less.
R	Estimated mean NCE gain is more than 1 standard error below the growth standard but by 2 standard errors or less.
R*	Estimated mean NCE gain is below the growth standard by more than 2 standard errors.

2011 School Value Added

Memphis Business Academy in Memphis

TCAP Composite

Estimated School Mean NCE Gain
Grade	6	7	8	Mean NCE Gain over Grades Relative to
Growth Standard	0.0	0.0	0.0
State 3-Yr-Avg	0.2	-0.4	-0.6	Growth Standard	State
2009 Mean NCE Gain	6.6 G*	-2.9 R*	-2.1 R	0.5	0.8
Std Error	0.9	0.9	1.2	0.6	0.6
2010 Mean NCE Gain	7.0 G*	-5.4 R*	-10.0 R*	-2.8	-2.6
Std Error	1.1	0.8	0.8	0.5	0.5
2011 Mean NCE Gain	8.9 G*	-3.4 R*	-2.5 R*	1.0	1.2
Std Error	1.2	0.8	0.7	0.5	0.5
3-Yr-Avg NCE Gain	7.5 G*	-3.9 R*	-4.9 R*	-0.4	-0.2
Std Error	0.6	0.5	0.5	0.3	0.3
Estimated School Mean NCE Scores
Grade	6	7	8
State Base Year (2009)	50.0	50.0	50.0
State 3-Yr-Avg	47.1	47.0	46.7
2008 Mean
2009 Mean	45.2	42.6	37.2
2010 Mean	43.0	36.6	31.7
2011 Mean	42.1	32.4	31.4

G*	Estimated mean NCE gain is above the growth standard by at least 1 standard error.
G	Estimated mean NCE gain is equal to or greater than growth standard but by less than 1 standard error.
Y	Estimated mean NCE gain is below the growth standard by 1 standard error or less.
R	Estimated mean NCE gain is more than 1 standard error below the growth standard but by 2 standard errors or less.
R*	Estimated mean NCE gain is below the growth standard by more than 2 standard errors.

Finally, consider the case of KIPP, which is listed as #2 on the list of "CREDO" high flyers.  It is hard to say which public schools they were matched with, but when matched with the state average, they did not do so hot, or at least there were no detectable differences (NDD) between KIPP's Explore Math scores or their End of Course Algebra I scores when compared with the State Averages.  Again, from the State's public site:

New York Charter School Solution Worse than the Problem

Sharon Otterman for the Times has another nail today for the Bloomberg/Black edu-coffin.  The first graph has this:

The new statistics, part of a push to realign state standards with college performance, show that only 23 percent of students in New York City graduated ready for college or careers in 2009, not counting special-education students. That is well under half the current graduation rate of 64 percent, a number often promoted by Mayor Michael R. Bloomberg as evidence that his education policies are working. 

And buried in the story is this detail that sent me to the State pdf. file to have a closer look:

The data also cast new doubt on the ability of charter schools to outperform their traditional school peers. Statewide, only 10 percent of students at charters graduated in 2009 at college-ready standards, though 49 percent received diplomas. The state has not yet calculated results for every district and school. 

So as Cathie thrashes around the City getting booed for blowing up a fresh supply of 12 community public schools for the benefit of corporate-run charters, one must wonder, as Sarah Palin says, WTF??

Here's the dope.  Note that the State somehow could not figure a way to keep the charter data on the same page with the other school data.  Click each chart if you need to enlarge:

 

We must congratulate Meryl Tisch and the corporate foundations running the State education enterprise for coming up with a novel term for the "poor."  The new preferred term by the oligarchs: "high need."  And the "low need?"  Not to worry--they already have it all.

NYC Traditional Public Schools Outperform Bloomberg's Corporate Charters

How much reality does it take to slow the corporate juggernaut?  From the NYTimes:

. . . .Charter schools over all received lower grades than traditional schools, a result the teachers’ union president seized on.

Sixty-one percent of traditional public schools, which are unionized, got A’s and B’s, compared with 48 percent of charter schools, where union representation is rare.

“This means that either the strategy Mayor Bloomberg and Chancellor Klein have touted so often for school reform — the creation of more charter schools — isn’t working,” said Michael Mulgrew, the president of the United Federation of Teachers, “or that the entire progress-report methodology, which relies almost completely on standardized test scores, is flawed.”. . . .

Charter School Student Beating by Teacher Captured on Camera Phone

• Reviewed by a Student on October 10, 2008
  (Rating: 1 / 5) Report As Inappropriate
• this is the worst school to regester at because their is nothing but fights all day every and 24/7

Are you, like the President, a fan of the "No Excuses" charter schools for the children of the poor, the ones with no oversight except for what student camera phones can provide? Then you may enjoy Jamie's House Charter School, where a special education teacher was fired this week after a student-shot video showed up on the local news. Apparently this kind of fight club atmosphere was established a while back, as the student complaint above was registered online a year and half ago. But nothing has been done since there has never been a publicly-elected school board to report to and no oversight allowed. After all, that kind of needless bureaucracy would get in the way of the innovative and entrepreneurial spirit of the CEOs who operate these chain gangs.

The first video below is from YouTube. Second video is from a local Fox affiliate in Houston. Obviously this part of the Houston Miracle Arne was not invited to see on his recent tour.

Charter Parents Support Charter Hearing; Post Will Still Demonize Perkins

The New York Post and the various other right-wing papers in NY will undoubtedly portray today's Corporations, Authorities, and Commissions Committee hearing as State Sen. Bill Perkins' personal vendetta against charter schools. The Post already did it here, here, here, and here, but they're neglecting to tell the public about a major supporter of the hearing: the New York Charter Parents Association, a group of self-organized pro-charter parents with concerns about existing charter schools.

Here's a clip of Mona Davids, founder of NYCPA, talking with a local FOX station:

In case you missed it, here's the really important part that the Post and other corporate rags will likely neglect to mention as they pen diatribes against public schools and those questioning charter schools (and we're not even talking about their academic merits - juts operating practices):

Anchor: You actually instigated this hearing tomorrow.

Mona Davids: I absolutely did. And for the record, Rosana, I want everyone to know it was the New York Charter Parents Association that asked, that requested Senator Perkins to conduct these hearings because we firmly believe in accountability and transparency for charter schools.

Charter schools: they're all about the kids (except the ones they kick out or exclude) and support parents (except when they ask questions about charter operators).

You can catch the hearing live here. It begins at 9AM EST and runs until 5PM.

Ashe Charter Schools Management and the Wall Street Model for Education

Before the banksters and other corporate thieves ruined the economy and the lives of tens of millions of Americans, the case was made (and is still made by Obama and Duncan) for the no public oversight model for the corporate charter schools and EMOs that have proven more often no better and often worse than the public schools they were intended to replace. The only national peer-reviewed study shows 17 percent of charters nationally outperforming demographically matched public schools.

In Ohio, for profit outfits like White Hat Management have carried away hundreds of millions of tax dollars that were collected for the purpose of educating children. As the news report below shows, it is no simple matter to get these crooks to show up in court, much less to close their tax dollar sinkholes.

After Years of "Innovation," NJ Charters Perform No Better Than Poorest Public Schools

Below is part of an analysis done by Rutgers associate professor, Dr. Bruce Baker, for the Education Law Center in Newark, NJ. When looking at New Jersey test scores or graduation rates, New Jersey charter schools do much worse on average than most New Jersey public schools and no better than the poor public schools that corporate reformers demonize for their low test scores. Will a newspaper report these findings? Maybe the Asbury Park Press? Don't hold your breath.

NJ CHARTERS: WORTHY OF THE HYPE?

By: Dr. Bruce Baker, Rutgers University

New Jersey is caught up in the latest school reform du jour – charter schools. Touted by US Education Secretary Arne Duncan, Commissioner Lucille Davy is pushing a proposal to "fast track" approval of new charter schools to compete for federal "Race to the Top" grants and to comply with proposed rules for improving the state’s lowest performing schools.

Charter fever is now so strong in some circles it is taken for granted that charters significantly "outperform" traditional public schools and, therefore, should be embraced as the answer to, and replacement for, so-called "failing" public schools.

Before heading-off on yet another school reform quest, what does the evidence show about NJ charter school performance? Charters were first authorized in 1995, and we now have 76 approved charters serving students from 46 districts, with many for 5 years or more.

First, an important reminder: the Legislature, in the charter enabling law, made clear that charter schools "have the potential to improve pupil learning" by promoting "comprehensive educational reform," providing a "variety of educational approaches," and "encouraging innovate learning methods." Are NJ’s charters improving student performance? Do the results point to innovation? I take a brief look here at the first of these issues – performance on state assessments.

Secretary Duncan and others, including Bob Bowdon in his anti-traditional-public school movie "The Cartel", point to one or two successful charter schools, like Newark’s North Star Academy and Princeton Charter School, to make the case for charter expansion.

But my analysis of the data paint a different story: some charters do well, but overall, charters are ranked among the lowest statewide, performing far below successful, suburban and middle class public schools, and at levels comparable to schools in poor districts. In other words, there is little difference between the overall performance of charters, which primarily serve students in poorer urban districts, and the traditional public schools in those districts, especially if State education officials allow chronically low achieving charters to remain in business.

I’ll start with the 2008 State assessment results. I begin with the "averages" by grade level and by district factor group, or DFG. DFG are State classifications of school districts based on community wealth, with "A" and "B" the poorest districts and "I" and "J" districts the most affluent. The chart below shows the % of students who scored proficient or advanced on all of the 2008 State assessments by DFG:

This data is striking: charter schools, most of which serve relatively poor student populations, perform across grade levels on par with schools in the poorest districts -- DFG A and B – especially at both the beginning and end grades. Moreover, charter performance is no different for students scoring advanced and higher:

Imagine Schools, Inc., Pt. III of the Corporate Charter School Story

In this episode of the continuing corrupt adventures of crackpot, Dennis Bakke, and Imagine Schools, Inc., we find out how corporate charters in Texas are owned by corporate charters in Ft. Wayne, all of which are controlled by, that's right, by Dennis Bakke at the home office in Arlington, VA. Clips from the Ft. Wayne Journal Gazette:

FORT WAYNE, Ind. – On Feb. 8, 2008, a curious thing happened.

According to Texas Secretary of State records, Imagine Schools of Central Texas Non-Profit LLC of Georgetown, Texas, was established. That in itself was no surprise, because Imagine charter schools have been popping up all over the country.

What was curious was who owns the corporation and its twin, Imagine Schools of North Texas Non-Profit LLC of McKinney, Texas. The sole member of both limited-liability companies is Imagine-Fort Wayne Charter Schools Inc.

And the Texas entities get their tax-exempt status because each is a wholly owned subsidiary of the Fort Wayne company.

Imagine-Fort Wayne Charter Schools Inc. is the non-profit corporation that runs Imagine MASTer Academy, a charter school at 2000 N. Wells St. in Fort Wayne. Imagine MASTer Academy is a public school whose $2.9 million cost to operate last year was paid for with state taxes.

So why does a Fort Wayne charter school own two charter school corporations in Texas? It’s a question most board members here could not or would not answer, even though in January 2008 they secretly signed documents creating and governing the schools there and, as recently as August, made drastic changes to one of their entities in Texas.

All of these actions were done in secret: According to board meeting minutes provided by the Imagine-Fort Wayne Charter School board, Fort Wayne members never publicly discussed or voted to create the Texas schools, amend the agreements that govern the relationship between the schools or appoint board members to their Southern franchise.

They merely signed resolutions they thought exempted them from the Indiana Open Door Law, although their own bylaws say they are subject to its provisions. The state’s open meetings law does not allow public bodies to make decisions outside public meetings.

Asked about the Texas entities, most board members refused to speak about it. Some referred questions to Imagine Schools Inc., the for-profit management company based in Arlington, Va., hired by the charter schools to handle day-to-day operations. Others didn’t seem to know what they had signed.

"It sounds sneaky and sleazy," said Trent Stamp, who served as the founding president of non-profit watchdog Charity Navigator for seven years.

"Any time something doesn’t pass the basic smell test for a layperson, there’s a problem there."

Not only does the Fort Wayne charter school own the two school corporations there, but the "company agreement" – the contract between the Texas and Fort Wayne corporations that explains how their relationship will work – also gives the Fort Wayne entity the sole power to appoint and remove the Texas board members.

And when board members at the McKinney school objected to the amount of control Imagine’s board would have over their school, they were pushed off the board and new members were appointed, former McKinney board president Don Newsome said.

Newsome’s replacement: Don Willis, a local businessman who founded the three Imagine charter schools in Fort Wayne and is president of the Imagine-Fort Wayne Charter School board.

"I was approached by that board to come talk to them about how boards should be run in the business world," Willis said. "I said I don’t think you can be successful if the board is going to assume the mantel of staffing the school and determining curriculum. … That’s not our role."

What role the Imagine boards should play and do play is what’s in question. Internal Revenue Service regulations say tax-exempt organizations such as this one must have independent, local control.

Imagine Schools President Dennis Bakke said in a 2008 memo that local school boards exist only to give them advice and consent where legally required. And when it comes to using the Fort Wayne school’s tax-exempt status to expand Imagine’s charter schools into Texas, it appears that all the decisions were made by Imagine Schools Inc.

Like the contracts with the schools in Fort Wayne, the Texas contracts put Imagine Schools Inc. – not the local board – in charge of all major decisions. Where the Fort Wayne contracts give Imagine 12 percent of the schools’ revenue, the Texas contracts give Imagine everything left over after expenses. . . . .

. . . . Newsome, the former McKinney, Texas, board president and a former public school superintendent, said he was approached in 2007 by a group of people known as the "core founders" about serving on a charter school board in McKinney. Over the next two years, Newsome would find himself in a battle with that group after questioning the practices of Imagine Schools Inc.

Newsome was mainly concerned with signing an indefinite contract with Imagine after similar concerns were raised by an attorney with the Texas Education Agency.

"There were some things that just didn’t look right to me," Newsome said. "I could see where TEA was raising a question."

Imagine wanted the board to sign a contract that employed it as the management company for as long as the school existed. Newsome and other board members wanted to draft a contract that would be reviewed every couple of years, to allow for some accountability.

Even though those concerns were raised with members of the school’s founding group, Newsome said they didn’t care and just wanted to get a charter. The group eventually asked for Newsome’s resignation, saying he showed a lack of support for Imagine.

Newsome said he would comply but wanted his resignation letter, which would outline his concerns with Imagine, sent to all the parents who wanted to send their children to the school and posted on the school’s Web site. The group said no.

Newsome said he then received an e-mail that said if he didn’t resign by noon the next day, the founding group would begin the process of removing him from the board, enlisting the help of Willis and the Fort Wayne board.

After the founding group threatened to have a news conference announcing Newsome’s resignation in a negative light, Newsome said, he complied and jointly resigned with three other members of the five-person board. The board now has three members, including Willis.

Among the new board’s first orders of business was to approve the contract with Imagine Schools Inc.

"I see nothing functionally wrong with the contract," Willis said.

Newsome said the question was one of control.

"My concern all along was who’s going to run it and who’s going to have the final say-so," Newsome said. "Well, in my opinion, the organization of it needs to be the local people. … A board needs to have the final say-so, not some organization in Virginia or wherever they are."

ksoderlund@jg.net

dstockman@jg.net

Many thanks to Kelly Soderlund and Dan Stockman for some great reporting. Hope it earns you a Pulitzer.

The Dirty and Dangerous Secrets of The Classical Academy of Colorado Springs

Below is an example of what can happen when school corporations, non-profit or for-profit, are given free rein to operate schools as they see fit, without the regulations and oversight of publicly-elected officials charged with the effective, efficient, and ethical operation of schools in ways that protect students, parents, and teachers from the abuses of school CEOs and corporate boards that operate with the same level of transparency as the Wall Street casino capitalists who inspired this whole corporate welfare charter movement to begin with.

What did it take to finally get someone to look into this? Parents had to go to the Colorado State Department of Education. The story from the Colorado Springs Gazette, and below that relevant sections of the Report, available here.

SUE McMILLIN
May 8, 2009 - 8:51AM
Complaints that The Classical Academy's insular community created an environment where racism and religious intolerance were allowed to go unchecked raises questions about whether the charter school is welcoming to all students, according to a report released Friday.

The report to the Colorado Department of Education, triggered by parents' complaints, also found fault with the school's accounting practices, noted possible conflicts of interest with administrators who run a charter-school consulting business on the side and said the school failed to properly respond to allegations of sexual and physical assaults and bullying.

It concluded that while the school has high academic achievement, the "investigation revealed major areas of concern about management, safety and security of students."

TCA President Mark Hyatt said he welcomed the scrutiny because outside recommendations can help make the school better.

"I think there are some very positive things that can come out of this," Hyatt said. "The fact that we've already started some of these things confirms that we're on the right track."

The CDE paid independent consultant James Sauls, of Colorado Springs, $9,500 to look into allegations made against the TCA by parents who said they turned to the state because the school and Academy School District 20 ignored their issues. TCA is a D-20 charter school with about 2,900 students on three campuses.

Hyatt said the school recently had several workshops and speakers on character and inclusiveness and just this week had a training session with Safe 2 Tell on reporting procedures. Safe 2 Tell is a statewide hotline where people can anonymously report threatening behavior.

Hyatt also said that he believes administrators and the board do a good job of listening to parents' concerns but that sometimes parents don't like the outcome of those discussions.

But parent Lisa Reece said the school sometimes ignores issues - and the law. She reported in October 2005 that her then-10-year-old daughter had been sexually assaulted at the elementary school.

After repeated inquiries with TCA's elementary school principal about what was being done, Reece said she went to a D-20 administrator in April 2006 when she learned it had not been reported to the police.

Friday's report said TCA failed to follow procedures regarding reports of sexual and physical assaults. In the Reece case, the report said, there was no evidence that an in-house investigation had been conducted, as school officials claimed. The police investigation was inconclusive, the report said.

"I definitely feel vindicated," Reece said Friday. "I feel my daughter has been vindicated.

The principal was so worried about TCA's image that she jeopardized my daughter's safety."

Hyatt said the principal and a school psychologist investigated the assault and determined that no crime had been committed, so they didn't report it to police. . . .

From the Report:

INQUIRY AND INVESTIGATION INTO
AREAS OF CONCERNS LODGED
BY PARENTS AND FORMER TEACHERS
LODGED AGAINST THE LEADERSHIP OF
THE CLASSICAL ACADEMY

The Organizational Effectiveness Consultants of Colorado Springs were contacted on 19 March 2009 by Deputy Commissioner, Dr. Ken Turner, of the Colorado Department of Education to discuss conducting an inquiry into several concerns that surfaced in Academy School District Twenty’s Charter School, The Classical Academy. Parents and former teachers of The Classical Academy provided CDE with concerns in six general areas in which an investigation could be conducted by the Department. The complainants assert that TCA leadership:

• Failed to take appropriate corrective action in responding to and halting a pattern of racial and religious discrimination, sexual and physical assault, bullying of students and parents, drug and alcohol use, and threats against staff and students.

• Failed to acknowledge and halt a pattern of cover up and retaliation by TCA staff in response to complaints lodged by TCA students and parents.

• Failed to exercise appropriate oversight and show good faith when investigating reported improprieties.

• Failed to eliminate conflicts of interest.

• Failed to demonstrate financial transparency and implement adequate financial controls.

• Failed to demonstrate adequate accountability, maintain open records, and provide the public with access to documents and information.

. . . .

FINDINGS
The Classical Academy, a Charter School of Academy School District 20, is a school that is providing an excellent academic curriculum to the students in its charge. The school’s standards of high academic achievement equal or exceed other charter schools in the state. The faculty and staff are competent and have the experience to provide adequate supervision and educational programs for students to learn. However, this investigation revealed major areas of concern about management, safety and security of students and are itemized below.

Board of Directors: This investigation revealed that the Board of Directors seldom visits the classrooms of the schools (except for their individual children’s rooms). Their once per month meeting does not provide its constituents with concise information whether good or bad thus giving the impression that “something is being held back from the patrons.” The Board purports to assist “parents” but in practice appears to mean only those who are “loyal” to th administration of the school. The Board appears to be unaware of or unable to resolve the bullying issue in the schools. The Board is a reactionary agency and not a proactive agency that provide policies which are preventative or prescriptive in nature to provide for the safety and security of all students. This Board’s concern for racial and sexual equality is suspect as there appears to be little concern about providing guidelines for ethnic minority hiring in the schools.

TCA Leadership: Failed to take appropriate corrective action in responding to and halting a pattern of racial discrimination. There is little indication that diversity of thought for other ethnic groups, their heritage, ideas or values in an educational setting is a part of the goals of the school. The question is whether the school is creating an environment that is hospitable to all students. Do the behaviors of staff, (including hiring process) reflect a desire to have a diverse faculty? The leadership purports to espouse character building as one of its prime goals, and appears to do a commendable job in this area, however, it brings into question their commitment to respecting differences. ASD 20 AND TCA BOARD WILL WANT TO FOLLOW UP ON CONCERNS THAT EMERGED IN THE AREA OF RACIAL,DISCRIMINATION REGARDING HIRING.

Failed to take appropriate corrective action in a timely manner in responding to sexual and physical assaults. Law enforcement officials were not notified of an alleged assault on a female student by her male classmate in a timely fashion. School officials did not follow proper protocol and allegedly conducted an in-house investigation which was never found. TCA BOARD MAY WANT TO FOLLOW UP BY MONITORING HOW WELL PROCEDURES ARE FOLLOWED IN THE AREA OF SEXUAL AND PHYSICAL ASSAULTS IN TCA.

Failed to take appropriate corrective action in responding to and halting a pattern of bullying of parents and students. Two elementary principals and one high school principal were accused of verbal abuse to three parent volunteers and one tutor during meetings with them at separate meetings called by the principals. Two were afraid and were driven to tears because of the outburst. ASD 20 AND TCA BOARD WILL WANT TO FOLLOW UP ON CONCERNS THAT EMERGED IN THE AREA OF EFFECTIVE COMMUNICATION OF SCHOOL ADMINISTRATORS.

Failed to take appropriate corrective action in responding to a pattern of drug and alcohol use. NO CONCERN EMERGED THAT WARRANTS FOLLOW UP INVESTIGATION BY THE DISTRICT.

Failed to take appropriate corrective action in responding to and halting a pattern of threats against students and parents. There were two teachers who were “threatened” by students of TCA. Threat assessment teams conducted threat assessments in accordance with school policy. In one instance the teacher was not satisfied with the team’s results, but the team deemed the threat to be of a low level of probability, this was verified by the police incident report. The second case was satisfactorily handled by the threat assessment team and police report supported the team’s assessment. A brick with a note attached was thrown through the window of a TCA family’s home. Investigation made with no arrests made. The family continually felt “harassed” by persons in the community. TCA WILL WANT TO FOLLOW UP ON CONCERNS THAT EMERGED IN THE AREA OF THREAT ASSESSMENT AND FOLLOW THROUGH.

Failed to acknowledge and halt a pattern of cover up and retaliation by staff in response to complaints lodged by TCA students and parents. Although six parents/volunteers provided this investigation with their perception of this concern, none could cite actual examples where retribution was a fact. At a Board of Directors meeting in February 2008, complainants provided an example of taunting, disrespect, and jeering by other patrons in attendance when a parent gave her comments about the retaliation her daughter had experienced by her peers. TCA BOARD WILL WANT TO FOLLOW UP ON CONCERNS THAT EMERGED IN THE AREA OF CHARACTER BUILDING FOR STAFF, PARENTS, VOLUNTERS AND OTHER ADULTS OF THE SCHOOL.

Failed to exercise appropriate oversight and show good faith when investigating reported improprieties. The Board did not follow its own policy when information was brought to their attention regarding a possible sexual and physical assault on a female student in 2006. TCA BOARD WILL WANT TO FOLLOW UP ON CONCERN THAT EMERGED IN THE AREA OF SUPERVISION OVERSIGHT OF REPORTED IMPROPRIETIES.

Failed to eliminate conflicts of interest. Two employees of TCA charged personal business expenses to their school accounts while on business trips to promote their business. Business cards were also made in their offices using school computers. There was no repayment made to the school. ASD 20 AND TCA BOARD WILL WANT TO FOLLOW UP ON CONCERN THAT EMERGED IN THE AREA OF CONFLICT OF INTEREST.

Failed to demonstrate financial transparency and implement adequate financial controls and the concern that TCA leadership failed to demonstrate adequate accountability, maintain open records, and provide the public with access to documents and information. This investigation could not ascertain the depth of this concern. TCA policy of providing patrons access to the financial records and publishing monthly reports for public use is practiced.

NOTE: The essence of these concerns is fraught with much skepticism and half-facts. The information gathered by the investigation appears to contain the proper documentation required in accordance with State Finance Statutes; however, the practices of the principal officials are vague and misleading. A former TCA parent alleged that there is a commingling of PTO funds with Titan Trust Funds which are controlled by the TCA Building Corp. Investigators were provided with the Articles of Incorporation and By-Laws of the TCA Building Corp, but it did not provide information on the accountability of the funds cited above. (See Appendix C) This investigation could not ascertain the depth of this concern. TCA policy of providing patrons access to the financial records and publishing monthly financial reports is practiced.

Did a pattern emerge whereby the administration, staff, and /or board applied discretion in a way that would lead a reasonable person to conclude that a duty to care was ignored or that concerns were unreasonably minimized? YES. The investigation took testimony from fifty-one respondents, four for a second interview. Of these, the majority support the claims of failure on the part of the TCA leadership. Investigator received another twelve unsolicited telephone requests for interviews from persons wishing to be interviewed if they could be assured that their information would remain anonymous. No assurance could be given thus interviews were not taken from them. Interviews were also conducted with two former students and one present student, who accompanied their parents to their interview. One student was interviewed telephonically with permission from parents but was not able to provide any information on the investigation. Nine parents were contacted to gain permission to interview their student. Only one responded and that was a negative response. Others did not acknowledge or return telephone messages.

Is there sufficient policy guidance at the district or school level? YES. However, it is the opinion of this investigator, follow through to ensure that policy implementation is adhered to is lacking until a situation occurs that warrants an investigation or inquiry.