This is a problem around the state and the country. Tamara posted a comment earlier this morning discussing the closure of two charter schools in Nashville and one in Memphis just this year.

Below are links from Tamara's earlier comment.

Omni Prep in Memphis

Global Academy in Nashville

Global Academy in NYC

Thanks for the repeat links, Bizgrrl.

And, from the Omni Prep link, did you catch this quick aside from Memphis Flyer reporter Hannah Sayle:

Nicole Gates, infant mortality campaign coordinator at Shelby County office of early childhood and youth and parent of twins attending kindergarten at Omni Prep, had similar questions about the way Omni's funds were allocated. At a recent emergency parent meeting (after I was asked to leave for being a member of the press), Gates raised the issue of teachers not being paid.

This "emergency meeting" addressed problems at a public school receiving federal, state, and local taxpayer monies.

Whoa.

As a separate legal entity, though, a charter school can sue a school system to remain open, as Omni Prep is doing to the NYC system right now.

In contrast, if KCS were to close, say, A-E, their decision would be final and A-E couldn't sue KCS over it.

(Edit: Make that "as Global Academy is doing to the NYC system right now.")

This Februrary 2011 plug for expansion of our state's charter schools, found at the TN Charter Schools Association site, indicates that 31 charter schools presently operate in TN.

As of that date, the piece indicates that just two TN charter schools had been closed since enabling legislation passed in 2002 allowed them. Of course, we are recently aware that a third TN charter school has been closed since February 2011.

These are the names/locations of the three TN charter schools to have been closed, along with the dates they were closed:

Yo! Academy (Memphis), closed August 2007
Global Academy (Nashville), closed June 2010
Omni Prep (Memphis), closed April 2011

It therefore appears that the up-to-the-minute count of charter schools now operating in TN is 30.

Although Governor Haslam has spoken of his desire to raise the cap on the number of charter schools in operation in the state, the only charter schools bills still pending in the legislature this session would, in fact, eliminate that cap altogether.

Furthermore, a number of bills remain pending that would open charter schools variously to all students currently or previously in foster care, all students currently on the Free or Reduced Lunch Program, all students living within a given charter school's jurisdiction, or even all students, period.

It's a nation wide problem and [predictably] the new small government republicans are doing all they can to protect their patrons.

Majority Republicans in the House approved the budget last week after adding sweeping changes to Ohio's charter-school laws, including one provision that would allow for-profit entities to start charter schools with no oversight. Another would make anything bought with public money the operators' property.

I said:

Anyway, as to any charter's culpability in a possible tort, I think the plan generally is to just "hold teachers more accountable." I mean, c'mon, they make thirty-four THOUSAND dollars a year to start.

Toby and Jesse, to the extent that my glib comment above may have fueled your disagreement, my sincere apology.

Toby, I looked up the applicable statute and you and I assumed incorrectly. Within the Tennessee Charter School Act of 2002 (TCA 49-13-101 through 49-13-134), "Immunity" is codified at 49-13-125, as follows:

The governing body of a charter school shall be subject to the same limits of liability as local school systems and shall provide insurance in accordance with 49-13-107 for any liability exposure.

Point to Jesse.

But on another point, Jesse, I don't think most people mean to imply any profit motive on the part of either charter sponsors or their billionaire benefactors when referring to their activities as "privatization."

The "privatization" exists in part in that school-level charter sponsors exercise greater autonomy in making decisions as to where they'll locate, who they'll hire (or fire), and which students they'll serve--relative to the autonomy school-level staff in traditional schools are able to exercise in making those same decisions.

In my mind, anyway, "privatization" is not synonymous with "for-profit."

Of course, it's also true that any interjection of the term "corporation" really isn't apropos in a discussion of how charter schools are organized, either.

Point to...who, exactly?

Finally, I do think Stick is absolutely correct that those billionaire benefactors hardly intend to stop with an expansion of non-profit charter schools nationally.

If you will (or have?) spent any time at all at the sites for Gates and Broad, in particular, and dig down into the sites of the many other non-educational organizations to which they also extend their financial support, the billionaires' goal of privatizing many other public services, some of those in a for-profit manner, is indisputably clear.

Point to Stick, not that he clamored for it :-)

Jesse, I'm reading the Act in its entirety this morn (link above) and I'm coming across several passages I'd either forgotten about or else never known about...

Concerning the applicability of open meetings/public records law to public charter schools, I've already come across two passages that instruct (and I'm not through reading), firstly...

49-13-105 Statutes, rules and regulations--

(b) Except where waivers are otherwise prohibited in this chapter, the sponsor of a proposed public charter school may apply to either the LEA or to the commissioner of education for a waiver of any state board rule or statute that inhibits or hinders the proposed charter school's ability to meet its goals or comply with its mission statement. Neither the LEA nor the commissioner shall waive regulatory or statuatory requirements related to:

(1) Federal and state civil rights;
(2) Federal, state, and local health and safety;
(3) Federal and state public records;
(4) Immunizations;
(5) possession of weapons on school grounds;
(6) Background checks and fingerprinting of personnel;
(7) Federal and state special education services;
(8) Student due process;
(9) Parental rights;
(10) Federal and state student assessment and accountability;
(11) Open meetings; and
(12) At least the same equivalent time of instruction as required in regular schools.

(Quick aside: In another matter I mentioned fleetingly in this thread, this is the same section in the Act in which I said I'd hoped to see that the Education Commissioner was specifically prohibited from waiving the requirement that any sponsor organization must be a non-profit, but I don't see that he is barred from waiving that requirement. Hence my concern that he can possibly waive the requirement and approve a for-profit sponsor? I still don't know.)

...and secondly...

49-13-111 Compliance--

(h) The meetings of the governing body of a public charter school shall be deemed public business and must be held in compliance with Title 8, Chapter 44, Part 1.

...so it appears Omni Prep booted that Memphis Flyer reporter from their "emergency meeting" in violation of the law.