School District court case opens up questions about 'pay to play'
by Helen Gym on Nov 13 2013 Posted in Commentary
“Pay to play” is a universally reviled practice in government, but that’s effectively what the District's legal argument would establish through its challenge of an Open Records case in state court.
For more than ten months, Parents United for Public Education and our lawyers at the Public Interest Law Center have been fighting to make public the Boston Consulting Group’s list of 60 school closings and the criteria it used for those closings. In 2012, BCG contracted with the William Penn Foundation to provide “contract deliverables,” one of which was identifying a list of 60 public schools for closure. William Penn Foundation solicited donations for this contract, including some from real estate developers and those promoting charter expansion. The “BCG list” was referenced by former Chief Recovery Officer Thomas Knudsen in public statements. But District officials refused to release the list, stating it was an internal document and therefore protected from public review.
Last spring, Parents United and PILCOP won our case with the Pennsylvania Office of Open Records, largely because the District appears to have shared the BCG list with top officials at the William Penn Foundation. Now, the District is taking its challenge to state court.
District officials aren’t just going to court to block the release of the BCG list. They want to completely redefine what it means to declare a document internal. In particular, the District's arguments show that it believes that certain and selectively defined groups -- specifically donors -- can essentially buy their way to specialized access otherwise denied to the rest of the public.
Here’s their rationale.
“William Penn Foundation’s role was that of a grantor who funded the second phase of BCG’s consultant services. As grantor, the philanthropic entity had the right – and indeed an
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Notes from the news, Nov. 13
Witness tells how charter's documents were doctored. Inquirer Philadelphia schools see cash in old classrooms. NY Times William Penn alums want to revive shuttered school. Daily News Philly guidance counselors transferred to teaching duty. NewsWorks Who are the educational reformers and why should anyone listen to them? NewsWorks McCall school’s partnerships give students tools to succeed. Tribune Volunteers open doors to reading for grade schoolers. Tribune This Penn student cofounded a national network of high school hackathons. Technically Philly How an independent political party helped r
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District, Catholic, charter schools share applications. Inquirer Activist spearheads movement for historical marker at old Edison High. Liberty City Press Dystopian Philly schools now physically, not just psychologically, unhealthy. Philly Mag Philadelphian comes clean on "How I Helped Teachers Cheat." Daily News Teaching physics with felt. Edutopia Charter school eyed by FBI, Pa. watchd
