Posted: | April 21, 2015 12:47 PM |
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From: | Senator Andrew E. Dinniman |
To: | All Senate members |
Subject: | Charter and Cyber Charter Financial Accountability and Transparency |
I plan to re-introduce legislation that will amend the Public School Code of 1949 to require charter and cyber charter schools and its trustees and administrators to be financially transparent and accountable. Throughout this Co-Sponsor memo, the term charter will be used to refer to both bricks and mortar and cyber charter schools. My legislation will include the provisions that were included in past charter school bills that assured charter schools would be audited and assessed, would provide basic financial documentation and would provide public access to its financial budget and transactions, as well as, provisions that required its trustees and administrators to be financially transparent in annual statements. Although previous charter bills addressed many issues of reform, these provisions that I have selected for introduction this session are provisions that had little opposition, are fiscally sound and that are much needed. Let us at least vote on these matters of charter reform that we all agree on. The provisions that my bill include the provisions that require: Audits and Assessments At the end of each fiscal year, every charter school shall be required to form an independent audit committee of its board member to review a complete certified audit of their financial records. The charter school shall use a certified public accountant to complete the audit. The audit shall be conducted under generally accepted audit standards and be subject to a complete review and numerous tests. The audit shall be a public document and shall be made available on the charter school’s website. Charter schools may be subject to an annual audit by the Auditor General, in addition to any other audits required by federal law. Charter schools shall be required to annually provide a copy of their annual budget for the operation of their school that identifies the source of funding for all expenditures; the funds provided by a charter school foundation and their use; and the salaries of all administrators. Charter schools and any affiliated charter school foundations shall also make a copy of their budget and IRS-Code Form 990 available on their website or available for public inspection. Trustees and Administrators Trustees of a charter will be required to take an oath of office, to file a statement of financial interests annually with the State Ethics Commission and will be subject to penalties imposed under the jurisdiction of the State Ethics Commission for any violations thereof. Further, trustees of a charter school will file the statement with the local school board of directors, and in the case of a cyber school, with the Department of Education. Voting members of the Board of Trustees cannot: 1) be an administrator of a charter school or an immediate family member of an administrator; 2) be an individual or an immediate family member who receives compensation from or is employed by or is a board member of the local board of school directors who participated in the initial review, approval, oversight, evaluation or renewal process of the school chartered by the board - An employee may be a member of the board but without voting privileges; 3) participate in the selection, award or administration of any contract if there is a conflict of interest nor can they vote on any conflict of interest matter. Any contract made in violation of any of the above will be voidable by a court if brought within 90 days. An administrator will be dismissed immediately upon a conviction of a felony, an infamous crime, an offense pertaining to fraud, theft or mismanagement of public funds or a crime involving moral turpitude. I hope you will join me in co-sponsoring this important legislation. |
Introduced as SB830