A new study of the four largest charter school chains provides new evidence that many Ohio charter schools do not operate as public schools, contrary to state law. The research, conducted by the Braddock Organization, reveals that charter schools are tightly controlled by their management companies, which prefer secrecy over public accountability.

The research refutes assertions by a charter school attorney in oral arguments before the Ohio Supreme Court. On Nov. 29, 2005, Chad Readler of the Jones, Day law firm, told the Court that charter schools “…carry every indicia of a public entity.� (*Transcript of Nov. 29, 2005, Ohio Supreme Court hearing on Case 2004-1688, Ohio Congress of Parents and Teachers v. State of Ohio Board of Education et al.)

But, charter schools operated by National Heritage Academies, the Leona Group, Summit Academy Management and White Hat Management (the largest operators of charter schools in Ohio) refused to provide public information when requested by Braddock. All but 2 responses to 71 public information requests came from management company officials or attorneys, not the charter schools themselves. All consistently declined to provide contracts of teachers employed at the schools. Each said the teachers are employees of the private management company and not public employees of the schools themselves. Therefore, they responded, information about the teachers’ contracts is private.

One board member also noted in his response that contracts of teachers employed at the school are unavailable even to its board members.

Yet, the schools make contributions to the State Teachers Retirement System (STRS), a pension fund for public school teachers, in apparent contradiction to these claims.

The Ohio Supreme Court recently ruled on a similar public records issue. On April 6, the Court ruled that the records of private or nonprofit entities are public when the services they provide are the traditional province of government and financed with public money. The ruling was made in a case that dealt with the public records of Oriana House, which operates private corrections facilities funded by public tax dollars.

Private management companies will receive a majority of the nearly half billion tax dollars the state pays to charter schools this year.

In an effort to determine whether charter school boards exercise meaningful oversight of the schools, Braddock researchers requested minutes for charter school board meetings held in 2005. The documents provided reveal a pattern of boards assembled and controlled by management companies rather than by independent boards.

The Leona Group

The Leona Group’s chain of charter schools includes 6 in Ohio that enroll 1,027 students. Contrary to the requirement that each charter school be run independently, one superboard controls operations for all of Leona’s charter schools in Ohio. This superboard conducted business jointly for all of Leona’s charters in one session, including the 6 currently open for business and 3 more that are in the planning stages.

Summit Academy Management

Summit Academy Management’s chain of charter schools includes 19 in Ohio that enroll 2,250 students. Contrary to the requirement that each charter school be run independently, one superboard also controlled operations for all Ohio charters run by Summit Academy Management. Unlike Leona’s joint session for all charters, Summit’s superboard appears to have convened and adjourned each charter’s business, holding several meetings in succession on the same day.

National Heritage Academies

National Heritage Academies’ chain of charter schools includes 9 in Ohio that enroll 3,510 students. Contrary to the requirement that each charter school be run independently, National Heritage charter board members overlap, with the same group of people conducting business for multiple National Heritage charter schools. Several board members appear to be interchangeable, serving on multiple boards for short stints throughout the year.

White Hat Management

White Hat Management’s chain of charter schools includes 34 in Ohio that enroll 16,000 students. White Hat runs one superboard and several smaller groups of people who serve on the boards of multiple White Hat charter schools. More than half of White Hat’s charter school board members serve on the boards of multiple schools. Three members serve on 18 different White Hat charter school boards, one member serves on 17 different White Hat charter school boards, one serves on 10 different boards, and three serve on 9 different White Hat charter school boards. Eighteen members serve on 2, 3 or 4 different White Hat charter school boards.

“It’s clear the public has no voice in these schools,� said Tom Mooney, chairman of the coalition, commenting on Braddock’s findings. “No one but the company CEO has any say.�

PTA Executive Director Barbara Sprague said, “Charter schools were called community schools in Ohio to signify that they would establish closer ties to the parents and community. They were to be less bureaucratic and more autonomous than traditional public schools. But these schools are just the opposite. Board members represent the management companies, not the community or parents.�