NYSUT is going to court in support of the state's right to hold charter school management accountable for how tax dollars are spent and how their schools perform.

NYSUT is seeking amicus status to file a "friend of the court" brief in state Supreme Court in response to a lawsuit by charter management, which challenges the state comptroller's authority to audit charter spending and performance, as well as the Legislature's authority to establish accountability for how charters spend tax dollars.

The lawsuit was filed by the New York State Charter School Association, Inc.; New York City Center for Charter School Excellence; and 16 charter operators of schools in New York City. The suit seeks a permanent injunction prohibiting the Office of the State Comptroller from auditing, or attempting to audit, charter schools.

NYSUT has more than 585,000 members, including teachers in a number of charter schools. "Teachers live and breathe accountability" on a daily basis, said NYSUT President Dick Iannuzzi. "Charter management wants to define itself as a public entity when receiving tax dollars, but redefine itself as private and unaccountable to the state comptroller when spending those tax dollars."

Court filings by the attorney general's office say the 16 charter operators received an average of 91 percent of their annual budgets from federal, state and local tax dollars - approximately $45 million of their $50 million in annual spending.

"Knowing where dollars go, how students do and how charters select their student body are essential to education policy decisions," said Iannuzzi.

Findings from initial charter audits conducted by the comptroller's office have revealed a range of problems, rebutting the charters' assertion that those audits are redundant to accountability measures already in place (See article below).

NYSUT's brief supports the position advanced by the comptroller and the attorney general that the comptroller not only is authorized by law to audit charters but "in fact has an obligation to do so," said NYSUT Executive Vice President Alan Lubin. "'Charter Corporate' is trying to make an end run around the comptroller and Legislature who, to their credit, have made it clear that all schools must be accountable and transparent."

NYSUT has always supported the concept of "charter schools as incubators for replicable, innovative strategies that improve learning for students at risk," Iannuzzi said. "But, for that to happen, we need sunshine: on spending, on how students are selected and tested, and on how schools perform. Decisions on education policy and spending need to be based on that type of essential information. Charter school management makes it clear through this lawsuit that it wants two separate school systems in New York - one that is fully accountable to the public and one that is not," Iannuzzi said.

NYSUT's decision to weigh in on this court case stemmed from "our clear divergence with the anti-sunshine philosophies expressed by charter management's lawsuit," Lubin said. He noted:

n Legislation enacted in 2005 requires the comptroller's office to audit every school district, BOCES and charter school by March 31, 2010. That law says audits are not limited to just financial records, rebutting the charters' contention that state auditors can't ask about how they admit students or how schools perform. In 2007, the comptroller audited nine charter schools and 226 public schools.

n The state's 97 charters received $217.8 million from local school districts in 2005-06, a funding stream that includes local, state and federal tax dollars. Lubin said it is "absurd" that charter management claims its schools "are independent, not-for-profit education corporations" and thus not subject to comptroller audits, when they are publicly funded and should be accountable to the public.

- Sylvia Saunders and Matt Smith