Rejected cyber charter tries a workaround
A proposed cyber charter school that was rejected three times by the state Department of Education has turned to the courts in its bid to open.
Insight PA Cyber Charter School, which has partnered with for-profit K12 Inc., has filed a petition in Commonwealth Court challenging the Charter Appeal Board's decision to deny its appeal.
The board on Aug. 31 upheld the Education Department's finding that K12 would be effectively running the school rather than Insight's nonprofit board.
Alan C. Kessler, Insight's lead attorney, declined to comment Tuesday. But in the Commonwealth Court filing, Insight challenged the appeals board's findings, contending it had "capriciously disregarded the department's arbitrary treatment" of Insight's prior applications.
Insight also alleged that the Education Department had engaged in an "effective moratorium" on the approval of new cybers since 2012.
The department has turned down all new cyber applications in the last three years, in part because most of the 14 cybers are among the lowest performing schools in the state. Cybers enroll more than 35,000 students in Pennsylvania.
Although state law permits cyber schools to contract with for-profit companies to provide management, curriculum, and technology services, cybers must be overseen by independent trustees.
The appeals board said Insight's organizational chart showed that only the school's chief executive officer and chief financial officer would report to the nonprofit board.
All other administrators would be K12 employees and would report to K12's executive director. Insight's teachers and counselors would be hired by K12 and report to K12