Charter school association proposes changes in governing laws

Wednesday, a Twin Cities charter school was sued by the American Civil Liberties Union’s Minnesota chapter for allegedly violating the separation of church and state. Thursday, the Minnesota Association of Charter Schools announced the details of their proposed reforms to the framework legislation that regulates charter schools.

At the press conference announcing the proposed legislation, the Executive Director of the Association, Eugene Piccolo, said the timing of the two events – and a section of the legislation that bans “organizations with church status” from sponsoring a charter school – was just a coincidence. The bulk of the MACS proposal is focused on clarifying, overhauling, and regulating several aspects of charter school governance, including the relationship of a charter school to its sponsor.

Legislative Auditor’s report The Legislative Auditor’s report, released June 30, 2008, criticized charters schools: “We evaluated the performance, oversight, and accountability of charter schools. We found that, in general, charter schools do not perform as well as district schools; however, after accounting for relevant demographic factors and student mobility rates, the differences in student performance were minimal. Additionally, we found that charter school oversight responsibilities are not clear, leading to duplication and gaps in oversight. We recommend the Legislature clarify the roles of the Minnesota Department of Education (MDE) and sponsors (organizations that authorize, monitor, and evaluate charter schools) and that MDE implement standards for sponsors. We also recommend that the Legislature strengthen conflict of interest laws for charter school boards. “ Download the four-page summary or the full report here.

To be approved by the Minnesota Department of Education, a charter school must have a sponsoring organization that is responsible for making sure the school meets state education standards, such as providing Special Education services. Current legislation, said Representative Jim Abler (R-Anoka) of the E-12 Education Oversight Committee, is vague on the ways a sponsor is responsible for a charter school’s success, and following the state Legislative Auditor’s report, charter school governance is a hot topic in St Paul.

“You’ll see three different flavors of bills this session,” Rep. Abler said in an interview on Wednesday – the MACS bill, a bill from the MDE, and other bills proposed by legislators.

Under the MACS proposal, sponsors will become known as “authorizers,” to more strongly convey their oversight role, Piccolo said. The proposal, Piccolo said, was based on two years studying the most common problems charter schools and their sponsors encounter. Other important points:

– All current and future sponsors/”authorizers” would have to go through an approval process governed by the Department of Education, beginning in the summer of 2010
– Sponsors/”authorizers” would be given dramatically increased funding for their oversight efforts, although specific forms of oversight are not spelled out. This money would be taken out of state aid to the school being supervised, and would not represent an increase in state funding
– Sponsors/”authorizers” would be reviewed by MDE every five years, and would be judged on how well the sponsored school is meeting the goals set out in its charter
– A charter’s board members would be required to receive financial and other training within 12 months of being elected to the board
– Conflict of interest rules would be tightened
– A 15-person council, drawn from school administrators, teachers, parents, and support groups, would be created to advise the Commissioner of Education on the implementation of these reforms

James Sanna (james.sanna@gmail.com) is a freelance writer and an intern covering education issues for the Daily Planet.