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Charter Schools are NOT Public Schools!

Charters are privately managed entities whose only claim to the word public is
the fact that they drain public funds. Roughly a dozen of court cases have
ruled that charter schools are not "public entities." Two well known examples
include the following:
The California Court of Appeals (2007-01-10) which ruled that charter schools
are NOT "public agents." [SEE LINK BELOW http://j.mp/wGmLtB]
The 9th Circuit US Court of Appeals (2010-01-04) which ruled that charter
schools are NOT "public actors." [SEE LINK BELOW http://j.mp/x4Y9KT]
The courts aren't the government entities that have stated incontrovertibly that
charters are private entities. So have other authoritative agencies.
The US Census Department expressed difficulty in obtaining information from
charter schools because the are NOT public entities. [SEE LINKS BELOW
http://j.mp/ytdtYv http://j.mp/14i5jg2]
The National Labor Relations Board joins a host of other government agencies
that have unequivocally ruled that that charters are "private entities." [SEE
LINK BELOW http://j.mp/ZdWEeg]
We understand in the light of all the scandals and bad press
(http://charterschoolscandals.blogspot.com/) that supporters of lucrative
charters are desperate to paint them as public schools, but outside the
corporate spin cycle that is the the school privatization camp, charters have
been found to be anything but public. Charters are one in the same with the
501C3s or other organizations running them. Here is an excerpt from one of
the court cases cited above: "The Court determined the charter schools did
not qualify as "public entities" under the CFCA. (Id. at p. 1203, 48 Cal. Rptr. 3d
108, 141 P.3d 225.) Because they competed with the traditional schools for
students and funding, neither did the Court find them to be "governmental
entities" exempt from the UCL's restrictions on their competitive practices."
Moreover, nonprofits are PRIVATE sector. In many cases, businesses and
industries are actually far more regulated than 501c3s. This excerpt from a
Census Department Document sums this up: "A few "public charter schools"
are run by public universities and municipalities. However, most charter
schools are run by private nonprofit organizations and are therefore classified
as private."
The language courts and government entities use is precise and
unambiguous. Charter charlatans have created a lucrative quasi-public market
niche. The schools are public so long as they can garner public funds and
cash in on lucrative real estate deals. However, as soon as a family,
community member, educator, or other persons outside of those profiting form
charters need to seek legal or civil remedies against the charter school sector,
then they are conveniently NOT public entities. Charters. No oversight, no
democratic controls, but lots of opportunities for swindlers to make boatloads
of cash and plutocrats to push propaganda instead of pedagogy.

Are Charter Schools Upholding Student Rights? | Children's

Rights Litigation | ABA Section of Litigation
apps.americanbar.org/litigation/committees/childrights/content/articles/winter2014-0114-charter
Added by rdsathene 8 months ago

By Rosa K. Hirji - January 14, 2014 Charter schools

promote the idea that, like public schools, they are
tuition free and open to all students. However, public
schools cannot be selective about the students that
they enroll and keep. On the other hand, charter
schools-according to recent court decisions from the
California Court of Appeal and a U.S.

1,356

17

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2 months
AGO

No.B185996. - KNAPP v. PALISADES CHARTER HIGH

SCHOOL - CA Court of Appeal
caselaw.findlaw.com/ca-court-of-appeal/1435567.html
Added by rdsathene 3 years ago

Courtney KNAPP, a Minor, etc., et al., Plaintiffs and

Appellants, v. PALISADES CHARTER HIGH SCHOOL
et al., Defendants and Respondents. Edwin Carney,
for plaintiff and appellant. Foley & Lardner and
Gregory V. Moser, San Diego, for California Charter
Schools Association and California Charter Schools
Association Joint Powers Authority as Amici Curiae on
behalf of plaintiff and appellant.
rdsathene: The California Court of Appeals (2007-01-10) which ruled
that charter-voucher schools are NOT "public agents."
3 years ago

Shanker Blog In Census Finance Data, Most Charters

Are Not Quite Public Schools
shankerblog.org/?p=2756
Added by rdsathene 3 years ago

Last month, the U.S. Census Bureau released its annual public K-12 school
finance report (and accompanying datasets). The data, which are for FY
2009 (there's always a lag in finance data), show that spending increased
roughly two percent from the previous year. This represents much slower
growth than usual.
rdsathene: The US Census Department expressed difficulty in
obtaining information from charter-voucher schools because the
aren't public entities.
3 years ago

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

School Finance 101
schoolfinance101.wordpress.com/2012/05/02/charter-schools-are-public-private-neither-both/
Added by rdsathene 3 years ago

Directly Publicly Subsidized, Limited Public Access, Publicly or

Privately Authorized, Publicly or Privately Governed, Managed and
Operated Schools
Lets break it down:
Directly publicly subsidized
Charter schools are directly subsidized by a combination of (primarily) state
and local tax dollars (state dependent) transferred to charter schools on the
basis of their enrollments.
This funding is analogous to a directly subsidized voucher program that
would transfer tax dollars to private schools on the basis of students signing
up for the voucher program.
This funding is also analogous to the state aid that is delivered on a pupil
enrollment basis to local public school districts, but the funding is different
from local tax dollars that are raised based on the values of taxable
properties and are not dependent on pupil enrollments.
Note that traditional public schools or charter schools may receive a variety
of non-government (non-taxpayer supported) revenues including private gifts,
private foundation grants, fees/event receipts, facilities rental, etc.
The direct subsidy for charters is distinctly different from indirect subsidies
like tuition tax credits, which provide the opportunity for individuals or other
entities to receive a full tax credit for donating funds to an independently
operated/managed entity which then distributes those funds as vouchers or
scholarships.
An important legal distinction is that the U.S. Supreme Court has recently
decided that when tuition tax credit funds are used to support religious
education, taxpayers have no standing to challenge that distribution as a
distribution of their tax dollars, due to the indirect nature of the subsidy. See:
ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION v. WINN
Limited Public Access
Charter schools are limited public access in the sense that:
1. They can define the number of enrollment slots they wish to make available
2. They can admit students only on an annual basis and do not have to take
students mid-year
3. Charter
They can set
academic,
and cultural
standards
thatmillions
promote in tax
school
saysbehavior
it's private,
though
it gets
exclusion of students via attrition.
dollars
- Chicago Tribune
[may vary and/or be restricted under state policies]
articles.chicagotribune.com/2011-02-22/news/ct-met-charter-school-fight-0222-20110221_1_

articles.chicagotribune.com/2011-02-22/news/ct-met-charter-school-fight-0222-20110221_1_
Added by rdsathene 3 years ago

Teachers see an attempt to stop them from unionizing

A Chicago charter school that has received more than
$23 million in public money since opening in 2004 is
arguing that it is a private institution, a move teachers
say is designed to block them from forming a union.

MICHAEL CAVINESS V FJM HORIZON COMMUNITY

LEARNING CENTER, INC.; LAWRENCE PIERATT
www.ca9.uscourts.gov/datastore/opinions/2010/01/04/08-15245.pdf
Added by rdsathene 3 years ago

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

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

Are charter schools public or private? Neither or both?

seattleducation2010.wordpress.com/charter-schools/are-charter-schools-public-or-private-nei
Added by rdsathene 11 months ago

To follow is an article that discusses the pitfalls of describing charter schools

as public schools.
Charter Schools Are [Public? Private? Neither? Both?]
Directly Publicly Subsidized, Limited Public Access, Publicly or
Privately Authorized, Publicly or Privately Governed, Managed and
Operated Schools
Lets break it down:
Directly publicly subsidized
Charter schools are directly subsidized by a combination of (primarily) state
and local tax dollars (state dependent) transferred to charter schools on the
basis of their enrollments.
This funding is analogous to a directly subsidized voucher program that
would transfer tax dollars to private schools on the basis of students signing
up for the voucher program.
This funding is also analogous to the state aid that is delivered on a pupil
enrollment basis to local public school districts, but the funding is different
from local tax dollars that are raised based on the values of taxable
properties and are not dependent on pupil enrollments.
Note that traditional public schools or charter schools may receive a variety
of non-government (non-taxpayer supported) revenues including private gifts,
private foundation grants, fees/event receipts, facilities rental, etc.
The direct subsidy for charters is distinctly different from indirect subsidies
like tuition tax credits, which provide the opportunity for individuals or other
entities to receive a full tax credit for donating funds to an independently
operated/managed entity which then distributes those funds as vouchers or
scholarships.
An important legal distinction is that the U.S. Supreme Court has recently
decided that when tuition tax credit funds are used to support religious
education, taxpayers have no standing to challenge that distribution as a
distribution of their tax dollars, due to the indirect nature of the subsidy. See:
ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION v. WINN
Limited Public Access
Charter schools are limited public access in the sense that:
1. They
can defineSchools
the number
of enrollment
slots they
wish to make
available
Are Charter
Public
Schools?
- Bridging
Differences

Are Charter Schools Public Schools? - Bridging Differences

- Education Week
blogs.edweek.org/edweek/Bridging-Differences/2012/05/are_charter_schools_public_sch.html
Added by rdsathene 2 years ago

What concerns me most is the possibility that

policymakers are promoting dual school systems: a
privileged group of schools called charters that can
select their students and exclude the ones that are
hardest to educate; and the remaining schools
composed of students who couldn't get into the
charters or got kicked out.

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

Schools
jerseyjazzman.blogspot.com/2013/01/its-official-charters-are-not-public.html
Added by rdsathene 2 years ago

The National Labor Relations Board gives its verdict:

charter schools are NOT public schools! Teachers at a
Chicago charter school are now subject to privatesector labor laws, rather than state laws governing
public workers. The move could impact how public
schools are run down the road.

Judges look at whether charter schools are public

www.washingtonpost.com/blogs/answer-sheet/wp/2013/01/02/judges-look-at-whether-charter
Added by rdsathene 1 year ago

Charter schools are publicly funded but increasingly

people are asking whether many of them more
resemble private schools. Here's a different look at this
notion from Julian Vasquez Heilig, an award-winning
researcher and Associate Professor of Educational
Policy and Planning at the University of Texas at
Austin.

www2.census.gov/govs/school/11f33pub.pdf
Added by rdsathene 1 year ago

Charter School Gravy Train Runs Express To Fat City Forbes

www.forbes.com/sites/greatspeculations/2013/09/10/charter-school-gravy-train-runs-express-t
Added by rdsathene 1 year ago

Added by rdsathene 1 year ago

On Thursday, July 25, dozens of bankers, hedge fund

types and private equity investors gathered in New
York to hear about the latest and greatest
opportunities to collect a cut of your property taxes. Of
course, the promotional material for the Capital
Roundtable's conference on "private equity investing in
for-profit education companies" didn't put it in such
crass terms, but that's what's going on.

Jersey Jazzman: Charter Schools Are NOT Public Schools:

Snow Day Edition
jerseyjazzman.blogspot.com/2014/01/charter-schools-are-not-public-schools.html
Added by rdsathene 1 year ago

UPDATE: Bob Braun, who is now the best journalist

covering Newark, has much more. Read it all, but
here's a taste: Newark public schools are open today
despite some 12 inches of snow in some parts of the
city. The city's charter schools-whose leaders insist
are just as public as conventional public schools-were
closed.

Charter Schools & Choice: A Closer Look

www.scoop.it/t/charter-choice-closer-look
Added by rdsathene 8 months ago

Charter Schools & Choice: A Cl

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

Charter School Profits Grow for Investors Through Real

Estate Deals
www.wtsp.com/story/news/investigations/2014/08/21/charter-school-profits-on-real-estate/1442
Added by rdsathene 8 months ago

TAMPA, Florida - As the debate over school choice

continues to divide Florida educators, 10 Investigates
found new ways charter schools companies are
profiting off education. Charter schools are tuition-free
public schools that are authorized by - but not
operated by - each school district.

When Charter Schools Are Nonprofit in Name Only ProPublica

www.propublica.org/article/when-charter-schools-are-nonprofit-in-name-only
Added by rdsathene 4 months ago

ProPublica is exploring how this new model of

schooling has raised questions about public
transparency and private profits. Twitter Twitter
Facebook Facebook volumelow Podcast RSS RSS
Latest Stories in this Project This post has been
updated to include a response from National Heritage
Academies.

Big Profits in Not-for-Profit Charter Schools

www.huffingtonpost.com/alan-singer/charter-school-executive-profit_b_5093883.html
Added by rdsathene 2 months ago

On Sunday, March 23, 2014 in a speech at Riverside

Church in Manhattan, New York City Mayor Bill de
Blasio, faced with declining public opinion poll
numbers, made nice to charter school companies and
their wealthy backers. He told congregants that his
administration and the charter movement have a
common goal and share common ground.

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