Public or Private: Charter Schools Can’t Have It Both Ways
Saturday, January 05, 2013
Are charter schools public? Are they private? Are they somewhere in between?
There is a lively debate in the education community over these questions. Charter advocates claim that charter schools are, of course, public schools, with all the democratic accountability that this entails. The only difference, they say, is that charters are public schools with the freedom and space to innovate. On the other side, charter critics argue that contracting with the government to receive taxpayer money does not make an organization public (after all, no one would say Haliburton is public) and if a school is not regulated and governed by any elected or appointed bodies answerable to the public, then it is not a public school.
The National Labor Relations Board (NLRB) was recently forced to weigh in on this question. It came out with a clear verdict that charter schools are not, in fact, public schools.
The ruling came in response to a case regarding a charter school in Chicago, the Chicago Math and Science Academy (CMSA). In 2010, two thirds of CMSA’s teachers voted to unionize, in accordance with the Illinois Educational Labor Relations Act, which grants the employees of all public schools the right to form unions. In an attempt to invalidate this vote, charter officials filed papers with the National Labor Relations Board arguing that CMSA should not be covered under the state law because it does not qualify as a public school.
And that is precisely what NLRB concluded, ruling that CMSA is a “private entity” and is consequently covered under the federal law governing the private sector. According to the federal government, the debate is settled—charter schools are not public schools, and that is all
