Nia Gill Sues State Seeking More Charter School Transparency

As Tracey Williams and others wait for the state to decide whether to approve their application for a Quest Academy charter high school in Montclair, Sen. Nia H. Gill has filed a challenge against the state related to charter school transparency.

Gill's suit is challenging the New Jersey Department of Education for withholding pubic records regarding the use of non-Department of Education volunteer reviewers who evaluated the 2010 and 2011 charter school applications.

Gill's suit was filed Sept. 12 in state superior court in Mercer County.

Williams said Wednesday that the Education Law Center also has filed a case against the state for refusing to reveal the names of volunteers.

She also said she hopes to hear this week—by the end of the month—on a fourth application to open a charter high school in Montclair.

Gill's challenge stems from the state’s denial of the senator's Open Public Records Request (OPRA) for, “the names of the Department of Education employees and non-Department of Education volunteer reviewers” who accessed charter school applications for the Acting Commissioner of Education.

The request also sought documents regarding, “The Department of Education soliciting potential reviewers to participate in evaluating the charter school applications, as well as documents outlining the process the Department of Education used for selecting the reviewers.”

Gill explained, “Charter schools are public schools and all charter schools are funded by taxpayers through our local public school districts. Therefore, The Department of Education has a responsibility to ensure there is transparency in how they select charter schools.”

On July 22, 2011, the state partially responded to Gill’s OPRA request by denying the portion of the request that sought the identity and occupations of the volunteer reviewers of the 2010 and the 2011 charter school applications.

The state denied the request on the basis that the volunteer reviewers had a "reasonable expectation of privacy,” even though the volunteer reviewers performed the same duties as the Department of Education employee reviewers.

Gill said that the information sought in the challenge concerns individuals performing a public function and influencing the expenditure of millions of dollars of pubic funds.

“These individuals are not Department of Education employees and may have conflicts of interest between their public function in reviewing charter school applications and their respective occupations or organizational affiliations, Gill said.

She added that the challenge is not designed to stop the use of non-Department of Education employees in the charter school review process.

“If the Commissioner believes that outside reviewers are necessary, then this process must be open and transparent," she said. "As a legislator and citizen of New Jersey, the information requested from the Department of Education is critical to understanding how New Jersey’s public charter schools are selected to receive taxpayer funding.”