No Formal Review For DE Academy Of Public Safety & Security Or Delaware Design-Lab? What’s Up With That?

Two Delaware charter schools are in violation of Delaware state law.  The Delaware Department of Education is not putting them under formal review as they did two years ago when a few charter schools did not have 80% of their student enrollment for the next school year by April 1st of that calendar year.  Delaware Academy of Public Safety & Security and Delaware Design-Lab High School are under the 80% enrollment.  Why no formal review?  The Delaware State Code, under Title 14, is very clear about this type of situation:

(c)(1) On or before April 1 of each school year, a charter school shall have enrolled, at a minimum, 80% of its total authorized number of students, and the administrator of each charter school shall, pursuant to the requirements below, provide a written certification of that enrollment to the Department of Education and to the superintendent of each public school district in which 1 or more of the charter school’s students reside.

So what gives?  The answer can be found in the State Board of Education agenda for their meeting today.  The Charter School Office gives a monthly presentation to the State Board on all matters surrounding charter schools.

The law is the law.  If they did the same to other charter schools, why are these two not going under the same scrutiny with their enrollment numbers?  Is that fair to the charters that had to go through the formal review process two years ago?  DAPSS numbers have been down for years.  Had they not submitted a modification last year to decrease their enrollment numbers (which passed), they would have gone under formal review last year.  Delaware Design-Lab was one of the schools under formal review two years ago for low enrollment numbers.  Fair is fair, no matter what.  While these numbers are not a train-wreck, they are in violation of what our legislators passed and was written into the state code.

2016 Delaware Charter School Inspection Shows Severe Lack Of Transparency

MOTCharterSchool

Many Delaware charter schools failed a recent inspection on financial, organizational, and governance transparency.  No charter school received a perfect score on this inspection.  The ones who failed did so miserably.

Delaware law is very clear about what charter schools are required to do.  Other public meeting laws in Delaware, which have been supported through legal opinions on FOIA complaints, are very clear as well.  Last night, I went through every single charter school website to look for eight things: Their monthly financial information was up to date (July 2016), they posted their last annual audit (2015), they posted their IRS 990 Tax Form (as a non-profit), they posted their board agenda for their most recent meeting, they posted their board minutes (based on when they had their last meeting and were able to approve those minutes), they put an agenda up for their Citizens Budget Oversight Committee, they put up the minutes for their CBOC meetings, and a Delaware Department of Education representative was present at those CBOC meetings.

Most of the Delaware charter schools failed this inspection.  One of them (considered to be a very successful charter school) didn’t pass any category.  Some charter schools feel as though they don’t have to meet during the summer and prepare for the new school year.  There was no charter school that received a perfect score.  I understand things slow down in the summer, but not meeting is inexcusable in my book.  Some charters need to do a lot of work on their websites.  Hunting and pecking to find information is not in the vein of transparency.

The most disturbing aspect is the apparent lack of oversight coming from the Delaware Department of Education.  More specifically, the Charter School Office.  They may monitor the charters, and I’m glad a DOE representative is attending most of their CBOC meetings, but where is the public transparency of that monitoring?  Jennifer Nagourney worked very hard to get this aspect turned around with charters.  I would hate to see her hard work disappear.

The way CBOC laws are written, quarterly meetings are okay.  But some charters meet monthly.  I’m not going to dink you if you don’t meet every single month.  I think districts and charters should have monthly CBOC meetings.  A quick note about IRS 990 tax filings: these can vary on the tax year.  If a school had their 2014 return on there, I counted them as being in compliance.  If it was older or they didn’t have any tax filings on their website, they got hit.  This is required by law.  Only one charter school in Delaware is not required to file a 990: Newark Charter School.  I don’t agree with it.

*This article has been updated to include Great Oaks Wilmington which was inadvertently left out of the original article.

Academia Antonia Alonso

Financials: June 2016

Yearly Audit: FY2015

990: FY2012

Board Agenda: 7/27/16

Board Minutes: June 2016

CBOC Agenda: June 2016

CBOC Minutes: June 2016

DOE Rep: Yes

 

Academy of Dover

Financials: June 2016

Yearly Audit: FY2015

990: FY2014

Board Agenda: 8/25/16

Board Minutes: June 2016

CBOC Agenda: 8/25/16

CBOC Minutes: June 2016

DOE Rep: Yes

 

Campus Community School

Financials: June 2016

Yearly Audit: FY2015

990: None (searched, said “access denied”)

Board Agenda: 8/30/16

Board Minutes: June 2016

CBOC Agenda: 8/30/2016

CBOC Minutes: 5/5/2016

DOE Rep: Yes

 

Charter School of Wilmington

Financials: July 2016

Yearly Audit: FY2015

990: None

Board Agenda: 8/16/16

Board Minutes: June 2016 (no meeting in July)

CBOC Agenda: 5/18/16

CBOC Minutes: 5/18/16

DOE Rep: Yes

 

Delaware Academy of Public Safety & Security

Financials: June 2016

Yearly Audit: FY2015

990: None

Board Agenda: none (has standard agenda)

Board Minutes: June 2016 (no meetings in July or August)

CBOC Agenda: May 2016

CBOC Minutes: April 2016

DOE Rep: Yes

 

Delaware Design-Lab High School

Financials: May 2016

Yearly Audit: n/a

990: n/a

Board Agenda: 8/22/16

Board Minutes: 5/26/16

CBOC Agenda: None

CBOC Meeting: 4/25/16

DOE Rep: Yes

 

Delaware Military Academy

Financials: 6/30/16

Yearly Audit: FY2015

990: None (no search button on website)

Board Agenda: 6/27/16

Board Minutes: 5/23/16 (states no meetings in July or August)

CBOC Agenda: None (has standing agenda)

CBOC Minutes: June 2016

DOE Rep: No

 

Early College High School

Financials: June 2016

Yearly Audit: FY2015

990: FY2014

Board Agenda: 8/25/16

Board Minutes: 4/28/16      

CBOC Agenda: 7/21/16

CBOC Minutes: 4/28/16 (states no quorum at May & June Mtgs)

DOE Rep: Yes

 

EastSide Charter School

Financials: June 2016

Yearly Audit: FY2015

990: None

Board Agenda: 8/17/16

Board Minutes: 6/16/16

CBOC Agenda: 7/26/16

CBOC Minutes: 7/26/16

DOE Rep: Yes

 

Family Foundations Academy

Financials: June 2016

Yearly Audit: FY2015

990: FY2012

Board Agenda: 7/27/16

Board Minutes: 6/16/16

CBOC Agenda: 7/25/16

CBOC Minutes: 4/26/16

DOE Rep: Yes

 

First State Military Academy

Financials: June 2016

Yearly Audit: n/a

990: n/a

Board Agenda: 8/23/16

Board Minutes: 7/26/16

CBOC Agenda: 6/24/16

CBOC Minutes: 6/24/16

DOE Rep: Yes

 

First State Montessori Academy

Financials: 2/29/16

Yearly Audit: None

990: None

Board Agenda: 9/1/16

Board Minutes: 5/26/16

CBOC Agenda: None (Standard Agenda)

CBOC Minutes: 5/19/16

DOE Rep: Yes

 

Freire Charter School of Wilmington

Financials: June 2016

Yearly Audit: n/a

990: n/a

Board Agenda: 8/17/16

Board Minutes: 6/16/16

CBOC Agenda: 6/20/16 (noted August mtg canceled)

CBOC Minutes: 6/20/16

DOE Rep: Yes

 

Gateway Lab School

Financials: July 2016

Yearly Audit: FY2014

990: None

Board Agenda: 8/16/16

Board Minutes: 5/24/16

CBOC Agenda: 7/19/16

CBOC Minutes: 2/16/16

DOE Rep: Yes

 

Great Oaks Wilmington

Financials: July 2016

Yearly Audit: n/a

990: n/a

Board Agenda: 7/27/16 (schedule shows 8/22 board meeting, no agenda)

Board Minutes: 7/27/16

CBOC Agenda: None (shows area for this but none listed)

CBOC Minutes: None (shows area for this but no minutes listed)

DOE Rep: None

 

Kuumba Academy

Financials: June 2016

Yearly Audit: FY2014

990: None

Board Agenda: 5/12/16

Board Minutes: 5/12/16 (states no meeting held in June)

CBOC Agenda: 7/12/16

CBOC Minutes: 7/12/16

DOE Rep: Yes

 

Las Americas Aspiras Academy

Financials: July 2016

Yearly Audit: FY2015

990: FY2014

Board Agenda: 8/25/16

Board Minutes: 5/26/16

CBOC Agenda: 8/22/16

CBOC Minutes: 6/20/16

DOE Rep: Yes

 

MOT Charter School

Financials: None

Yearly Audit: None

990: None

Board Agenda: 6/14/16

Board Minutes: 5/25/16 (June Mtg. Canceled)

CBOC Agenda: None

CBOC Minutes: None

DOE Rep: None

*website states for further information to call the business office

 

Newark Charter School

Financials: July 2016

Yearly Audit: FY2015

990: not required

Board Agenda: 8/16/16

Board Minutes: 7/19/16

CBOC Agenda: 5/17/16

CBOC Minutes: 5/17/16

DOE Rep: Yes

 

Odyssey Charter School

Financials: June 2016

Yearly Audit: FY2015

990: FY2011

Board Agenda: 8/17/16

Board Minutes: 6/21/16

CBOC Agenda: 7/20/16

CBOC Minutes: 6/26/16

DOE Rep: Yes

 

Positive Outcomes

Financials: July 2016

Yearly Audit: FY2015

990: FY2014

Board Agenda: 7/20/16

Board Minutes: 5/18/16 (no meeting in June)

CBOC Agenda: 7/20/16

CBOC Minutes: 7/20/16

DOE Rep: Yes

 

Prestige Academy

Financials: July 2016

Yearly Audit: FY2015

990: None

Board Agenda: 8/16/16

Board Minutes: 7/19/16

CBOC Agenda: 8/16/16

CBOC Minutes: 2/16/16

DOE Rep: None

 

Providence Creek Academy

Financials: July 2016

Yearly Audit: FY2015

990: None

Board Agenda: 8/23/16

Board Minutes: 7/26/16

CBOC Agenda: 8/18/2016

CBOC Minutes: 8/18/2016

DOE Rep: Yes

 

Sussex Academy

Financials: June 2016

Yearly Audit: FY2015

990: FY2014

Board Agenda: 7/27/16

Board Minutes: 6/15/16 (no August meeting)

CBOC Agenda: 5/17/16

CBOC Minutes: 5/17/16 (says next meeting won’t be until October)

DOE Rep: None

 

Thomas Edison Charter School

Financials: July 2016

Yearly Audit: FY2015

990: None

Board Agenda: 8/15/16

Board Minutes: 7/18/16

CBOC Agenda: 9/14/16

CBOC Minutes: 3/2/16

DOE Rep: Yes

 

Charter schools are public schools.  You set some autonomy based on how the laws are written.  But you still have to adhere to the law.  You don’t live in a separate bubble in Delaware.  On one hand, charters beg to be treated the same, and on the other, they beg to be treated different because of that “autonomy”.  I don’t buy the excuse that any single charter school in this state doesn’t know about these requirements.  If you open a bank, you better believe that bank looks into all of the operating laws they have to adhere to.

These inspections didn’t even get into the meat of your board minutes.  A lot of you feel you don’t really have to give any detail.  Some of your CBOC meetings don’t list which members are community representatives.  I gave many of you bad scores if you haven’t had a CBOC meeting in over three months.  Even if you don’t have a quorum, you still have to post minutes.  And MOT… really?  Call the business office to get more information?  Just because you do great on Smarter Balanced doesn’t mean you are immune from transparency.  Last year, the Charter School Accountability Committee found nothing wrong in MOT’s charter renewal process.  They were approved unanimously for renewal without this subject EVER coming up.

I could file a ton of FOIA complaints today.  I’m not going to.  I’m going to give you until September 30th to correct these things.  If I don’t see any improvement or very little, I start filing.

There were five charter schools who I felt, even though they got hit on one thing, have made a sincere effort to be transparent: Academy of Dover, Campus Community School, First State Military Academy, Las Americas Aspiras, and Providence Creek Academy.  Honorary mentions go to Newark Charter School, Positive Outcomes, Sussex Academy, and Thomas Edison.  But the rest of you need  a lot of work.  Sadly, some of you haven’t come far when I did this two years ago and a Valentines Day blitz inspection in 2015 and then another inspection in July 2015.  Some actually did worse.  Out of all the charters that did well on these inspections, they included most of the Kent and Sussex County charters but only two New Castle County charters.  That I don’t get.  I beat up on charters a lot.  But I am getting around to beating up on districts more as well.  I will give all of you a very fair warning: record your meetings and put the recordings up in seven business days.  Kilroy may be quiet now, but he didn’t fight for the “all boards must record” legislation for kicks.  He will monitor if you are doing this, and if you aren’t… watch out!

Perhaps Kendall Massett with the Delaware Charter Schools Network will agree or not agree with me on these transparency issues.  But I believe, as a non-profit that supports charter schools, this should be their fight as well.  Charter schools are at a crossroads right now.  Many states are issuing moratoriums on charter schools.  Delaware did this a year and a half ago.  They can either operate as public schools or face the wrath of public perception.  I don’t believe ALL charters are like the ones depicted on the John Oliver Show last weekend.  But we all know Delaware could have easily been portrayed on that episode with some things that have happened here.  Some of the charter schools in this inspection: don’t be lulled into a false sense of security because of this article.  Know that I know things and you are on my radar.

Student Body Activity In Delaware Schools A Hotbed For Fraud & Abuse! Why Is $118,126.88 Such An Important Number?

The Delaware accounting system is a train wreck of epic proportions.  I found 100% proof funds were switched around that benefit certain schools.  We have one charter school that can’t even follow proper accounting procedures and another charter school that seems to think Student Body Activities are their personal playground.

FY2016StudentBodyActivityDistrictCharters

For something like this chart, I would expect to see school districts firmly in the lead, but we don’t see that at all.  Cape Henlopen is a bit of an oddity when it comes to Delaware school districts.  They get a lot of money from school taxes and the residents in those areas don’t seem to mind paying them.  But Newark Charter School, with $445,000 in student body activities?  That is an excessively high amount.  For a charter school with a student population of less than 14% of the neighboring Christina School District, they spend 17 times more on activities for students than Christina.  Four districts and one charter don’t even have anything coded as “Student Body Activity” with the state: Caesar Rodney, Colonial, Delmar, Sussex Tech, and Sussex Academy.  Do they not have any student body activities or do they just put it somewhere else in the Rubik’s Cube called the Delaware Financial System (DFS)?

So how does this even work?  Are districts and charters paying out for field trips and fun activities and then reimbursing those costs as revenue generated from parents paying for them?  Are these schools paying for them without collecting any money from students?  Or is it a combination of both?

Do these activities affect the bottom line for the per student costs for each district and charter school?

FY2016StudentBodyActivityPerStudent

Rocketing to number one with $108,000 in student body activity costs based on their number of students is Delaware Academy of Public Safety & Security (DAPSS).  That sure is a lot of field trips!  We know they bought a fire truck for their students last winter, but those funds were generated from a collection by students.  So what accounts for such a high amount based on their student population?  I went on Delaware Online Checkbook and found that DAPPS is coding all their student transportation costs under student body activity.  So that throws their numbers way off!  We can clearly see the transportation costs as part of this category, with an amount totaling $84,236.  Had they coded this correctly, under student transportation, their costs for student body activity would have been a little over $23,000.

For Newark Charter School’s student body activity expenses on Delaware Online Checkbook, there is no explanation for their very high amounts.  While we do see transportation costs, they are not as high as DAPSS.  They appear to be transportation costs associated with field trips.  What is even more bizarre are the many payments going to certain individuals.  As if they are parents or teachers.  We see amounts going out to American Airlines for 26 purchases of what I assume to be airline tickets at $818 each and one for $875 totaling over $21,000 on 2/5/16 which were bought with the state procurement card on 1/15/16.  I reviewed NCS board minutes and found no mention of any big field trips for students taking place that would warrant such high airline ticket prices.  The state’s accounting manual is explicit that no state employee can purchase first class airline tickets.  So where was this trip to that cost $818 for each ticket?

Cape Henlopen has an obscene amount of p-card activity associated with student body activities under student body activity.  Like Newark Charter School, I see a lot of names associated with these charges.

Where this gets incredibly odd is when I went to look at examples of student body activity for different school districts and charters.  A Delaware citizen submitted a FOIA request to the state and received the FOIA in early July.  All of this citizen’s information was run by the Department of Finance on 7/2/16 for every single district and charter school’s expenses for Fiscal Year 2016.  June 30th was the end of the fiscal year.  All the charts and graphs I have made to date have been based on those figures.  But upon review, amounts are changing in the state accounting system.  The total expenditures for each district and charter are the same, but funds are moving around in the coding system.  As an example, Odyssey Charter School showed over $35,000 in student body activity costs.  But when I look now on Delaware Online Checkbook, the amount is over $153,000.  This trend occurred with many districts and charters, some for nominal amounts and some for rather considerable amounts.  And this is just under student body activity expenses.

In looking at Odyssey, it became clear something was up, so I was able to actually find the exact amount that was shifted over to student body activity.

odysseystudbodyactivity

In the above picture, we clearly see Odyssey Charter School, as of 21:06:44 on 07/02/16 had a total amount for FY2016 in Student Body Activity in the amount of $35,831.91.

odysseystudbodyactivitydeonlinechkbook

In the above snapshot, taken from Delaware Online Checkbook today about ten minutes ago, we clearly see an amount showing $153,958.79.  The difference between the two is $118,126.88.  That is a rather steep increase for student body activities!  In looking at their expenses for student body activity for Odyssey, I found two rather large amounts going to First Student Inc.  This is the bus company Odyssey uses.  As seen in the below picture, the two charges were for $69,486.40 and $48,640.48.  If you add those up, you get $118,126.88.  Now why would those funds be shifted from some other category to student body activity?

OdysseyFirstStateIncBusPmtsFY2016

The two payments to First Student Inc. are listed in the below picture.

odysseyfirststateincpmts$118k

So if $118,126.88 was shifted to Student Body Activity, where did the funds come from?  If Odyssey’s total expenditures didn’t change, what happened to the money?  In the FOIA from 7/2/16, it clearly shows Odyssey’s Fleet Rental costs at $612,546.34.

OdysseyFleetRental

Now watch what happens when I go on Delaware Online Checkbook to find out the current Fleet Rental amount for Odyssey Charter School…

OdysseyFY2016FleetRentalDEOnlineChkbook

Wait, it went down from $612,546.34 to $494,419.46.  That is a difference of $118,126.88

There is one thing charter schools get that traditional school districts don’t get.  Some call it the transportation slush fund.  Every year, in the epilogue to the state budget, there is a stipulation that allows charter schools to keep any difference between their budgeted amount for transportation and what they actually spend.  For Odyssey, this is listed as “Transportation” in their budget.  These costs go up each year.  But how much did charter schools get to keep from these surplus funds.  Surely it wasn’t that much.  In the below pictures from FY2014 and FY2015, we see how much charters get back from this slush fund.

OdysseyFY2014TransportationFunds

FY2015BusContracts

Odyssey has clearly benefitted from this arrangement with legislators that has continued for the past seven years in the epilogue of the state budget.  I sincerely hope charters aren’t hiding any funds so they can actually get more from the Delaware Charter School Transportation Slush Fund then they already are!

What I am more curious about with these coding changes are 1) Why are they happening, 2) Who is making the changes, and 3) Are both the districts or charters and the state aware of these changes if only one of them are making the changes?  Something to keep in mind is this simple fact: this is only for Student Body Activity.  There are hundreds of codes in the Delaware Financial System.  This is just what I could find for our schools in one code.

FY2016CodingChangesStudentBodyActivity

In the picture above, this is based on rounded off figures to the nearest dollar which is why the Odyssey number doesn’t match up with the $118,126.88 I mentioned a few times.  I have not been able to look at the other schools to see where the money is going to.  Odyssey was easy because of the high amounts involved.  While some of these amounts are small, what other shifts are going on?  Why are they going on for other areas if they are?  We know districts and charters code things incorrectly but who monitors that?  Does anyone?  And how much does all this shifting of taxpayer dollars affect funding for the next fiscal year?

I would strongly recommend each district or charter school Chief Operating Officer or Business Manager proactively gets in touch with me and voluntarily lets me know of any changes being made to the Delaware Financial System, the justification for these changes, and how they are able to do it.  If they aren’t aware of these changes, they need to let me know that as well.  Because as I go through each of the different codes in the coming weeks, I will find more.  I’ve already done a cursory glance at different (and major) categories and found excessive sums of money shifting around.  If you don’t get in touch with me, don’t get upset when I blast the lack of transparency from your school or district in each article.  We know this is happening.  So the choice is simple: be held accountable or be honest.  If there is funny business, you know I will expose it and call you out on it.  And each time, I am submitting requests to the State Auditor’s office for each and every category.  So you can ignore me all you want, but know that someone else will be knocking on your door.  And if the State Auditor’s office ignores this, it is time to take steps at a Federal level.  None of you who are manipulating funds will be allowed to do so anymore.  If the Auditor won’t hold you accountable, I will.  And I will make so much noise you won’t be able to hear above the outcries of the citizens in your district or charter school.  This begins now.  I don’t want to hear any crap about “I didn’t know” or “no one ever told me”.  You are all subject to the rules of this state.  Your excuses are exactly that: an excuse.  If you aren’t doing anything wrong, you won’t have anything to worry about.  But someone has to shake all this up and see what settles at the bottom.

I sincerely hope I’m not spoiling anyone’s party and ruining a chance to get some extra money for themselves.  The party’s over.  Deal with it.

 

Del. Academy of Public Safety & Security Modification Shows An Out Of Control Delaware DOE

DAPSSEnrollmentFigures

The Delaware Academy of Public Safety & Security submitted a major modification request to the Delaware Department of Education Charter School Office on December 10th.  They want to decrease their enrollment from their charter approved 480 students to 375 students, a reduction of 22%.  What makes this very interesting is the fact other charter schools in Delaware have been placed on formal review for not having 80% of their approved enrollment in their charter. DAPSS has not met their approved enrollment figures for the past two years.  The DOE looks at formal review status for charters if they fall below 80% of their approved enrollment based on the financial viability of the school.

According to the information submitted by DAPSS to the Charter School Office, their enrollment last year was 363, which put them at 76% of their approved enrollment.  This year, the school lost 60 students and currently stand at 303 students.  This is less than 64% of their approved enrollment.  My biggest question would be why they were not put on formal review last year or this year based on this information.  What is the point of having a state law if the Department of Education doesn’t feel like following it?  Are we at the point where the Delaware DOE is an independent entity, absolved of any accountability or self-regulation?

For their performance framework, the school was labeled as “Does Not Meet Standard” for their organizational framework three out of the last four academic years, in 11-12, 12-13, and 14-15.  For their financial framework, they were labeled as “Falls Far Below Standard” in 11-12, 13-14, and 14-15 and “Does Not Meet Standard” in 12-13.  Once again, they have not been placed on formal review for their very negative ratings on the State Board of Education approved Charter School Performance Framework.  Are charter schools exempt from accountability based on who runs the show at each charter?  I don’t think having charter schools submitting modification requests to make them compliant with the law is the way a Department should run things, in my opinion.

Based on the timeline, the Charter School Accountability Committee meetings start today leading to a State Board of Education decision at their March 17th meeting.  The meetings yesterday were canceled due to the inclement weather.

DAPSSModTimeline

Below is the official major modification application submitted by Delaware Academy of Public Safety & Security as well as their projected budget based on an 80% enrollment.

Gateway Lab School Recommended To Close But DE Academy Public Safety & Security Gets A Pass, Something Is Very Wrong Here

In reviewing the decisions made by the Charter School Accountability Committee for Delaware, there is an obvious bias against Gateway Lab School.  Delaware Academy of Public Safety & Security (DAPPS), with their special education population of 12.6%, had their charter renewed.

DAPPS was rated Does Not Meet for the past three years under academic proficiency.  Their financial accountability was fail in 2011-2012, does not meet in 201-2013 and fail again in 2013-2014.  Their organizational rating was does not meet for 2011-2012 and 2012-2013, but managed to meet for 2013-2014.  For Gateway, they were rated meets in both financial and organizational this year.

Below are the final reports from the Charter School Accountability Committee:

There a few things that stuck out to me.  One is the membership of Charles (Chuck) Taylor on this committee.  They have him as a community member and Former Charter School Leader.  While these are both true, Chuck Taylor is also the President of the Delaware Charter Schools Network Governing Board.  Why would they not list him as such as he holds such a lofty position?  In the DAPSS final report, David Blowman, the Deputy Secretary of the Delaware DOE, is talked about.  “He noted that the Financial Framework section does not meet standard, but stated that is not a concern.”  Yet the school is only at 76% capacity with 363 students out of a maximum enrollment of 420.   For charter schools, if they are not financially viable, then they cannot operate.  But this isn’t a concern, based on a promise they will get their enrollment up for the next school year when several other charter schools will be opening?

For DAPSS, in 2013-2014, their Math proficiency score percentage for students with disabilities was 31.3% and for ELA it was 30.1%.  For Gateway, their Math was 28.3% and ELA was 30.3%.  While DAPSS did only slightly better in Math for students with disabilities, Gateway did slightly better in ELA.  If you are going to judge a whole school for proficiency scores for these types of students, then you need to be consistent across the board, regardless of the population.

For Gateway, they are compared to their home district, which is Red Clay Consolidated School District.  These would be listed as similar schools.  But they are not similar schools with Gateway having such a high population of special education students.  But Positive Outcomes, in Kent County, has their proficiency ratings compared to forty different schools in the area that specialize in learning disabilities and high populations of special education students.  This seems like a very glaring bias against Gateway.  How can they be judged as failing when the very metric they are being measured for is extremely flawed?  I have nothing but the utmost respect for Positive Outcomes, but Gateway should be judged academically the same way Positive Outcomes is.  Would they still be rated as failing if they were held against that correct standard?

To view these two very different pieces of data, go to the following:

http://www.doe.k12.de.us/cms/lib09/DE01922744/Centricity/domain/151/reports/performance%20review%20reports/2013-14%20performance%20framework%20reports/Gateway201314AcademicPFReport.pdf

http://www.doe.k12.de.us/cms/lib09/DE01922744/Centricity/domain/151/reports/performance%20review%20reports/2013-14%20performance%20framework%20reports/POCSRevised1314AcademicPFReport.pdf

There is something fundamentally and morally wrong when a state wants to recommend the closure of a school for special needs children using flawed comparison data.  So then I must ask, what is the true purpose of this decision?  I can guess and theorize as to what that might be, but at the end of the day, none of that guessing will help the students and parents of these children being forced to make hard decisions.  If I were these parents, I would be filing an Office of Civil Rights violation against the Delaware Department of Education immediately.

Charter schools in Delaware discriminate all the time with enrollment preferences and denial of special education services.  But when a charter school gets it right, they are given a knife in the back.  There is no justice.