State probes AllPrep actions

Last updated Mar 23, 2010 12:0pm0

The unraveling of the AllPrep/EDChoices/Early College Academy charter school program in Oregon accelerated last week as the Oregon Department of Education issued a letter detailing concerns about the charter schools' handling of tuition to community colleges.

The Sisters School District received the letter on Friday. It stated that "we (ODE) have received additional information indicating that some of the charter schools have engaged in a pattern of operational practices regarding their relationship with Oregon community colleges that raise significant legal and fiscal issues.

"We also have concerns about the continued education of students enrolled for this spring term 2010. Information we have received comes from a number of sources including the representatives of the charter schools. Representatives of the charter schools have stated concerns about the fiscal stability of the schools and the continued ability of the charter schools to provide educational services to students."

According to the letter, "several community colleges have reported not being paid by the schools or any other party for educational services received by charter school students attending these colleges."

In some cases, ODE reports, the nonpayment amounts to as much as $250,000. Central Oregon Community College is one of the colleges that has not received tuition payments.

Sisters has approximately 34 students enrolled in early college programs, according to AllPrep principal Teresa Schneiderman. The school board directed special education director Margaret Bates to determine how many "in-district" students are affected and whether tuition has not been paid.

Schneiderman said she is looking into that herself.

According to the ODE letter, representatives of the charter schools have told parents that they may be on the hook for tuition payments, although the law requires that the charter school "to provide a comprehensive education to students enrolled in the school" and "public charter schools are prohibited from charging tuition for courses that are part of the regular school program."

The situation has reportedly left many parents in the dark. ODE reports that "some parents of students have raised concerns that parents have not been clearly informed of which charter school their child is enrolled in and have not been clearly informed of specific school contact

information."

The early college program is not the only one under the AllPrep umbrella that has been disrupted in recent weeks. The Sisters Charter Academy of Fine Arts (SCAFA) was brought under the umbrella of AllPrep this year. Last week, the school was evicted from its schoolhouse due to three months' nonpayment of rent.

SCAFA staff announced Tuesday morning that they are closed. (See related story, page 3.)

The Sisters School Board voted last January to terminate the charter of the Sisters Web Academy run by

AllPrep.

In his motion to instruct the school district's attorneys to terminate the contract, board vice-chair Glen Lasken said that "there's at least a half-a-dozen areas where they've breached the contract."

Lasken cited the transfer of students last fall out of the Sisters Web Academy into other Web academies operated by Tim King, proprietor of AllPrep. That transfer, Lasken said, appears to have been made without parental permission.

Lasken also said that there was evidence that the academies were co-mingling funds.

Lasken and the board further argue that AllPrep changed leadership and curriculum without consulting the district; set arbitrary limits on enrollment; and failed to provide timely and accurate financial and enrollment information to the district.

King has resigned his position at AllPrep and has not returned calls for comment from The Nugget. AllPrep president Norm Donohoe declined to

comment on the status of the charter school programs and referred all questions to attorney Barb Smythe, who has been traveling.

ODE has asked sponsoring districts, including Sisters, to identify students in the early college program, determine status of tuition payment and assure that they are not paying tuition personally for their courses. The letter concludes by asking that districts not destroy any documents, including e-mails related to the charter schools.

For the complete text of the ODE letter of Friday, March 19, see the online version of this story at http://www.nuggetnews.com.

ODE letter

TO: Superintendent Don Ulrey, Baker School District

Superintendent Howard Fetz, Estacada School District

Superintendent Bob Sari, Harney School District

Superintendent Joel Bradford, Marcola School District

Superintendent AJ Grauer, Sheridan School District

Superintendent Elaine Drakulich, Sisters School District

RE: All Prep and Early College Academy Charter Schools

Since the January 21, 2010 letter was sent to you regarding the All Prep and Early College Academy Charter Schools ("the charter schools'"), we have received additional information indicating that some of the charter schools have engaged in a pattern of operational practices regarding their relationship with Oregon community colleges that raise significant legal and fiscal issues.

We also have concerns about the continued education of students enrolled for this Spring term 2010.

Information we have received comes from a number of sources including the representatives of the charter schools.

Representatives of the charter schools have stated concerns about the fiscal stability of the schools and the continued ability of the charter schools to provide educational services to students.

In summary we have received information that some of the charter schools claimed and received State School funds to provide students with educational services through community colleges.

Yet, community colleges are reporting that they have not been paid by the charter schools for educational services received by students during the fall and winter term of the 2009-2010 school year.

We are uncertain as to how these claimed State School funds were used.

A representative of the charter schools has also informed the families of these students that they may be financially liable for these educational services.

Additionally, some community colleges have indicated that they may no longer continue to offer educational services to these students in this manner beginning with the spring term that starts March 29, 2010.

Students enrolled in All Prep charter schools and Early College Academy charter schools have been attending community colleges in the fall and winter term of the 2009-2010 school year. This attendance was facilitated by the charter schools. The students receive credit towards high school graduation and college credit by attending college courses. Although we believe that the majority of these students are Early College Academy students, we have also received information that some All Prep students may also be accessing these services.

Public charter schools are generally allowed under Oregon law to enter into contracts with other governmental units and other legal entities. A public charter school may also choose this method to provide education services to students enrolled in the school as long as the charter school meets other requirements in law.

Summary of Information

The following information has come to our attention regarding the provision of educational services to charter school students attending community colleges.

Payment for services:

Several community colleges have reported not being paid by the schools or any other party for educational services received by charter school students attending these colleges. This nonpayment includes educational services received in both the fall and winter term. Some community colleges have reported being owed more than $250,000 and in some cases less than $1,000. Some of these community colleges have indicated that they may be discontinuing educational services to these students as charter school students during the spring term 2010 unless payment is made to the college. The spring term begins on March 29.

Provision of free comprehensive education:

Representatives of the charter schools have sent communication to families of charter school students stating that these families would be held liable for community college tuition and other fees if the tuition and fees are not paid by a third party.

Under Oregon law, public charter schools are required to provide a comprehensive education to students enrolled in the school. Public charter schools are prohibited from charging tuition for courses that are part of the regular school program. Additionally, public charter schools must provide textbooks free of charge to students. The educational services received by students from the community colleges were part of the regular school program of these charter schools.

It is an obligation of the public charter school to ensure that each student enrolled in the school receives a free comprehensive education. A charter school may not "bill" or otherwise make liable families of students for educational services provided by the charter school.

Additionally, for those students who may no longer continue to attend a community college due to lack of payment for educational services, the public charter school is obligated to provide a free comprehensive education to these students as long as the student remains enrolled in the school and the school remains open.

Parent communication:

Some parents of students have raised concerns that parents have not been clearly informed of which charter school their child is enrolled and have not been clearly informed of specific school contact information.

Community colleges and charters schools involved:

Below is a specific list of community colleges that have reported providing services to a student of at least one of the charter schools associated with All Prep or Early College.

****Chart not reproduced - Colleges are: Blue Mountain Community College - Sisters Web and Early College Academy; Chemeketa Community College - AllPrep Charter School, Estacada Web and Early College Academy; Clackamas Community College - Sisters Early College Academy and Estacada Early College Academy, AllPrep Charter School; Central Oregon Comunity College - AllPrep; Lane Community College - Marcola AllPrep Academy; Linn Benton Community College - AllPrep; Mount Hood Community College - Early Web Academy, Sisters Early College Academy, Estacada Web Academy, Sisters Web Academy; Portland Community College - AllPrep Charter School; Umpqua Community College - Estacada AllPrep Early College.

****

Sponsor School District Action Requested

We are requesting that the sponsor school districts for each of the charter schools require the charter school to provide clear communication to the families of students. This is being requested due to the large number of parent questions, concerns and complaints that have been received by the Department regarding these schools. Please confirm with the charter schools that all families of students of the charter schools sponsored by your district have been clearly informed in writing as to the following:

1. The name of the specific school where the student is currently enrolled.

2. The name and contact information of a person associated with that school who can respond to concerns raised by families of students.

3. The name and contact information of a person in the school district that sponsors the school who can respond to concerns raised by families of students.

4. A statement that the school is prohibited from charging tuition and fees for educational services that are part of the regular education program of the school. Please provide the Department with sample copies of any written communications that inform families of the above information. This will assist us in responding to parent questions, concerns and complaints.

In addition to the information above, if your district sponsors the Sisters Early College Academy, Estacada Early College Academy or Marcola Early College Academy we request you complete the following actions and submit required documents pursuant to OAR 581-022-1660. If you sponsor one or more of the other charter schools we highly recommend that you complete the following actions.

• Provide an assurance that you have identified the students who are enrolled in the school and receive an education from a community college.

• Provide an assurance that all students who are enrolled at the public charter school are receiving a free comprehensive education and have not paid tuition or fees for this education. If you find that parents or guardians have paid tuition or fees for regular education services, submit to the Department a plan for repayment of this tuition and fees to the parents or guardians.

• Conduct a review of any agreements, contracts or other documents relating to the provision of educational services at a community college by the particular school that you sponsor.

• Conduct a review of whether the school is current on all payments owed to a community college for educational services received by the student. If payments are not current, submit to the Department a specific plan for payment.

• For those students who had previously attended a community college and who will not be able to continue at a community college due to nonpayment, submit a plan to the Department for providing a free comprehensive education to those students by the school.

All of the action items required by this letter of school district sponsors must be completed by 5:00 p.m. on March 26, 2010. Your response should be addressed to Phyllis Guile.

The Department is continuing to review the practices of the All Prep and Early College Academy Charter Schools and is seeking your cooperation with this review. Please do not destroy any documents, including e-mails, in your possession related to the charter schools.

If you have questions regarding this matter, please contact Cindy Hunt at 503-947-5651 or Phyllis Guile at 503-947-5685.

Sincerely, Colleen K. Mileham, Ph.D.

Assistant Superintendent

Office of Educational Improvement and Innovation

(503) 947-5649 [email protected]

CC: Ed Dennis, Deputy Superintendent Cindy Hunt, Legal Affairs Coordinator Phyllis Guile, Director All Prep and Early College Academy Charter Schools Oregon Community Colleges