The tail end of 2023 produced charter school news in several states. The stories below include problematic charter schools in California and Colorado as well as examples of efforts by states and authorizers to improve their oversight. We saw legal developments from Colorado and Oklahoma that could ultimately affect the charter sector nationally. There were also cases in Kentucky and Montana that could slow or stop charter growth in those states by replaying legal strategies most states went through decades ago.

A few of the links below are behind paywalls, so feel free to reach out to Alex for more information.

 

Helping California Respond to Charter Fraud:
CCAP in the News

Tom Hutton, executive director of the NN4DA State Partner, California Charter Authorizing Professionals (CCAP), was quoted in stories about the state’s response to a major financial fraud case by a California charter school network. Individuals associated with the A3 charter network were found guilty of defrauding the state of $400 million, a superintendent overseeing some of the schools was indicted in the case, and some districts was forced to return millions of dollars they had received for oversight of the fraudulent school.

In the aftermath of the fraud, CCAP convened a state task force on charter school fraud. CCAP’s anti-fraud task force will release recommendations in the next few weeks. The recommendations will be designed for California’s legal and charter context but will likely include recommendations useful throughout the country.

CCAP also now supports the oversight work of one of the districts that oversaw the A3 schools, as well as other charter schools. With external help from CCAP and others, the district’s new superintendent, Bradley Johnson, implemented appropriate oversight strategies to bring the district into compliance with state requirements and national best practices in authorizing. As a result of this success, Johnson now has been hired to lead charter oversight by the San Diego County Office of Education.

 

Alleged Discrimination Against Students with Disabilities in Colorado Charter School

In Colorado, NN4DA state partner, the Colorado Association of Charter School Authorizers (CACSA), has led a multi-year effort to improve access, services, and outcomes for students with disabilities in charter schools. Despite several policy changes prompted by this effort, Colorado still has a substantial number of charter schools serving extremely low numbers of students with disabilities.

A piece of investigative journalism regarding one of these problematic charter schools details the complaints from parents and faculty about the Vanguard Charter School in Colorado Springs. Complaints include allegations of counseling students to enroll elsewhere, not providing required services, and retaining students in the same grade for multiple years until parents eventually disenroll. Similar policies and procedures may be discouraging enrollment in other charters in Colorado and nationally. CACSA has created a series of tools that districts can use to improve access to charter schools for students with disabilities.

 

Legal Developments Around the Country

New charter laws generating legal challenges.

In a recent Education Week story, CCAP’s Tom Hutton explains constitutional and legal issues that have arisen over the years as state charter school laws have been passed or expanded around the country. In the past few years, new charter school laws or significant expansions of extremely weak charter laws were passed in Kentucky, Montana, and Wyoming. Earlier in the history of the charter sector, opponents regularly challenged new charter laws by arguing that charter school laws violate state constitutional provisions around state support for common schools and district control of public education. Generally, these cases have eventually been resolved or state laws adjusted to allow charter sectors to operate and grow. A few previous cases, such as Washington’s, required states to adjust their constitutions.

Recent cases mirroring these earlier cases are emerging as new states establish charter school policies. A Kentucky court recently found the new state charter law unconstitutional, and a challenge to Montana’s new charter law is underway. In several cases, new charter laws and associated legal challenges are occurring while state legislatures are also considering other forms of school choice, like voucher or Education Saving Account policies.

Organized groups and leaders pushing for Catholic charter school.

A Politico article provides background information on the national effort to allow religious charter schools and/or charter schools that otherwise do not have to comply with the U.S. Constitution. The most pressing case is a challenge to a recently approved Oklahoma virtual Catholic charter school scheduled to open in the fall of 2024. The Oklahoma Supreme Court is currently considering the constitutionality of the school. The Politico story identifies people and organizations engaged in strategic litigation designed to get this case before the U.S. Supreme Court. Ultimately, this case or another like it would create an opportunity for the Court to overturn language in state charter school laws defining charters as public schools that, among other things, cannot operate as religious schools. The article outlines the leaders of the legal effort, the deep connections and funding shared among the advocates, and their previous experience clerking for several conservative Supreme Court Justices. The article also helps readers place these cases within the context of previous efforts that have weakened the constitutional separation of church and state.

Religious Providers in the Colorado Preschool Program sued the state over non-discrimination requirements.

In a case tangential to charter schools, Catholic preschools are challenging the non-discrimination requirements of a new state-wide, publicly funded preschool program in Colorado. Two Catholic parish preschools in Littleton and Lakewood, Colorado, sued the state for the right to act on their religious beliefs and mission to discriminate against LGBTQ students, parents, and staff. (The program is also being challenged by a group of Colorado school districts with complaints about the placement of students with disabilities.) The challenge from the Catholic schools could have implications for the state’s ability to enforce non-discrimination requirements in other publicly funded programs operated by religious entities. If religious entities operate charter schools, these same issues could arise. The state recently backed down and reversed its position religious instruction, now stating that religious preschools are free to include religious instruction in their programs.

 

Events

Colorado Association of Charter School Authorizers Quarterly Meeting

January 12 @ 9:00 am – 2:00 pm, MST

The agenda includes a discussion of a special education toolkit and a consultancy on a local authorizer problem of practice. Authorizers from other states are welcome to join this hybrid meeting remotely. Register here.

California Charter Authorizing Professionals Webinar: Verified Data Tools

January 12 @ 11:00 am to 12:15 pm, PST

This session highlights an innovative approach to school accountability in California. The approach to data, the dashboard for reporting, and the lessons of this multi-district collaboration may interest authorizers from other states. The meeting is part of CCAP’s series on verified data tools for school academic performance. Representatives from the CORE Districts will share information on the work of their Data Collaborative. This meeting is open to authorizers from other states. While the material is based on California’s accountability system, elements of the approach will be of interest to authorizers in other states. Please register here.