The Michigan State Board of Education passed a resolution earlier this month that could regulate charter schools out of existence. The resolution was prompted by false claims about lack of charter school transparency. And this could have dire consequences for these public schools, which are already subject to strict oversight.

The resolution calls for greater financial transparency, and many additional regulations, for Michigan’s charter schools. But as public entities subject to the Freedom of Information Act, charter schools must comply with the same transparency laws as conventional public schools.

According to Steve Delie, director of labor policy and FOIA coordinator at the Mackinac Center for Public Policy, “The State Board of Education appears to misunderstand the current state of the law. Michigan charter schools are subject to FOIA, just like traditional public schools.”

But even though the resolution’s premise – that charter schools are not held to the same transparency standards as other district schools – is inaccurate, it is used to justify additional charter school regulations.

To be fair, the management structure of charter schools, and how it impacts their transparency requirements, can be confusing. Most charter schools are operated by a management company that provides certain services, such as teaching, food and custodial. Most conventional public schools also contract with private companies to provide some of these same services. Whether they provide services for charter or conventional public schools, these companies are not subject to FOIA because they are private.

Even so, the resolution calls for all for-profit charter management organizations to be transformed to nonprofit management organizations. Since conventional public schools also contract with for-profit private companies for some of their services, the impetus for this provision is unclear. It would, however, be a significant hurdle for charter schools to navigate because most of them are operated by for-profit management companies.

The resolution also calls for the Michigan Department of Education, with input from local districts, to approve or deny applications for new charter schools. This would amount to a transfer of power from public universities and community colleges — the public oversight bodies that currently decide whether to approve new charter schools — to the Department of Education. Districts tend to oppose the opening of charter schools because they don’t want the competition for families that these schools would bring.

While competition might be an inconvenience for conventional district schools, it leads to more diverse opportunities for the students. Many students, especially those from low-income backgrounds in urban areas, perform better in charter schools, compared to their peers in the local district schools. Limiting educational options would place these students at a greater disadvantage.

Detroit charter schools give many city residents a learning advantage over students at their local district schools. The top open-enrollment middle schools in Detroit are charter schools, according to U.S. News and World Report’s rankings of the best Michigan schools. The best elementary schools are charters, too – even when compared to selective schools in the district.

According to Delie, “Regulating charters out of existence is a poor response, particularly given the pressing need to recover from COVID-era learning losses. With more and more parents choosing educational options outside of the public school system, the state should be encouraging more options and improving existing ones, not forcing students into a one-sized fits all solution.”

The regulations imposed by the resolution would severely limit access to new charter schools and impede the operations of existing ones. If they want to do what’s best for students, state board members ought to adopt policies that support – not hinder – the diversity of educational opportunities available to Michigan families.

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