By Francisco Alvarado, FloridaBulldog.org
Two Miami-Dade charter schools illegally transferred taxpayer funds by lending a combined $912,094 to sister schools outside the county, the top lawyer for the Florida Department of Education has determined.
As a result, Miami-Dade Public Schools auditor Jose Montes de Oca is recommending the district initiate efforts to recoup the money even as a representative for one of the charter schools claims no law was broken.
On Dec. 6, Montes de Oca will brief the school board audit and management committee on what steps the district can take to recoup the funds used for the loans.
In an Oct. 21 letter to school district attorney Walter Harvey, education department general counsel Matthew Mears said Keys Gate Charter School in Homestead and BridgePrep Academy in Miami’s Little Havana neighborhood were prohibited from making loans to affiliated schools not in Miami-Dade.
“Funds that are appropriated to a local school district are for the education of the students within the school district,” Mears wrote. “For this reason, the transfer of appropriated funds across district lines, with or without interest, is not authorized.”
Colleen Reynolds, a spokeswoman for Florida Charter Educational Foundation, the nonprofit organization that owns Keys Gate disputed Mears’ conclusion that the $700,000 loaned to Clay Charter School in Middleburg, Florida, is illegal. Keys Gate and Clay are operated by Charter Schools USA, one of the country’s largest charter school management companies, under a contract with the foundation.
“We have not received any direction or concern regarding this issue,” Reynolds told Florida Bulldog. “However, we believe we are in full compliance with the law.”
Juan Carlos Quintana, a principal with S.M.A.R.T. Management, the company that developed and operates BridgePrep Academy, did not return three phone calls and an email message seeking comment about the $212,094 loan given to an unidentified affiliated school in another county. Two other Miami-area charter schools under the BridgePrep name also had loaned a combined $18,949 to sister schools outside the county, but those funds have already been paid back, according to a Sept. 12 Montes de Oca memo to the audit committee.
The dispute over the use of district school funds for loans initially arose in May when Montes de Oca notified the school board’s audit and management committee about the problem following his review of annual financial statements for 2015 submitted by Keys Gate and BridgePrep. At the time, Keys Gate had loaned Clay Academy $750,000 with zero interest. Since then, the loan was paid back, but Keys Gate issued another loan for capital improvements at Clay Academy. This second loan is for $700,000 with a five percent interest rate and a term of five years, according to Montes de Oca’s September letter.
The school board attorney sought an opinion from Mears after Keys Gate officials informed Montes de Oca that the loans were acceptable under state law, according to a Nov. 30 letter by the school district auditor.
Mears’ response that the loans are illegal prompted Montes de Oca to recommend that the money be returned. “The district administration plans to formally notify these schools of the state’s guidance and that the loan funds must be repaid,” Montes de Oca wrote.
Charter school watchdogs told Florida Bulldog the loans illustrate a total disregard for taxpayer funds diverted from public schools to private educational institutions. Lisa Guisbond, executive director for Citizens for Public Education, an organization that advocates against charter schools and standardized testing in Massachusetts, said Keys Gate and BridgePrep should be held accountable for the mishandling of school district funds.
“It seems bizarre that a charter school would have an extra $750,000 to loan out when so many public schools are scraping by to meet the needs of their students,” Guisbond said. “That kind of blows my mind. It’s outrageous, even.”
Carol Burris, executive director for the New York-based Network for Public Education, said Keys Gate and BridgePrep should not have given out the loans in the first place.
“In the case of these charter schools, their allegiance to their sister charters was greater than their allegiance to the children of Miami-Dade County they are supposed to serve,” Burris said. “They put the needs of the charter schools ahead of the needs of the kids. That is a problem.”
It’s a good thing both schools were caught, she added. “Hopefully, it will discourage other charters from doing the same,” Burris said. “And I hope the citizens of Miami-Dade have all of their tax dollars returned.”