Philadelphia School Reform Commission Seeking to Reform Charter Renewal Process

The Phliadelphia School Reform Commission (SRC) is playing hardball with the 20 charter schools whose charters are up for renewal within the next few months.  In light of on-going budget difficulties within the Phladelphia School District and a recent charter school court decision costing the District an additional $1,300,000, the SRC is using the significant leverage that comes with being the arbiter of charter renewal to hold the charters seeking renewal captive unless they agree to various conditions.  In the process, the SRC is seemingly trying to re-write the charter school law. 

The SRC will consider issuing charter renewals if the operators of the schools argree to negotiated enrollment caps and other conditions such as requiring charters to recruit from specific District schools and underserved neighborhoods.  Also, charters should use existing District faciliities where practical.  None of these conditions are specified in the charter renewal provisions of the existing charter law.  Moreovoer, Pennsylvania legislation has expressly outlawed enrollment caps absent charter agreement and the recent Palmer charter school decision upheld that law.

The SRC's actions shows how strong of an impact charter schools are having in Philadelphia.  As a consequence of their success, they are being put in the untenable position of agreeing to capping enrollment under duress-- put simply: "No cap, no charter renewal." 

Trustees and administrators of more than a few of the 20 charters up for renewal will likely voice their disapproval of the SRC's efforts and there may be some compromise by both sides.  That may be why the SRC imposed other conditions on charter renewals in addition to the enrollment caps.  For example, the requirement that charters to recruit from specific Districts with poor academic performance is likely a recipe for the charters to not achieve AYP and many of them may object to this condition.  In addition, charters looking to move or expand may push for the independence of locating where they believe is most attractive and not necessarily in existing District facilities.

Trustee and Administrator Action Items:  The charter renewal process within Philadelphia is fluid.  Continue to watch the SRC's renewal procees unfold in Philadelphia and be aware that similar actions may be sought by school districts throughout the Commonwealth.  It may be an opportune time to meet with other charter trustees to develop a plan of action to address these changes collectively as a group.  Speaking with a united voice may be critical for charters to prevent the SRC and perhaps other school districts from re-writing the charter laws.     

This Charter School Alert was authored by Eric L. Silberstein, an attorney with Salvo Rogers & Elinski in Blue Bell, PA.  Mr. Silberstein, a member of Salvo Rogers & Elinski's Corporate and Real Estate Groups, has practiced law for 20 years and works closely with charter boards and administrators on governance, financing, special education, real estate, charter renewals and other charter matters.  Mr. Silberstein is admitted to practice law in Pennsylvania, New York and Connecticut.  He can be reached at (215) 653-0110 or esilberstein@salvorogers.com.  Salvo Rogers is a boutique law firm started in 1988 that is committed to providing high quality, personal service and cost effectiveness to clients pursuing business transactions, commercial real estate matters, and trusts and estates planning.
Please continue to follow other Pennsylvania charter school news of interest posted on my blog, "PA Charter School Law Forum:" pacharterlawforum.blogspot.com.  Your comments and suggestions are welcome.