On Thursday, court heard the conclusion of testimony from Dr. Maurice Flurie, the former CEO of Commonwealth Charter Academy (CCA), Pennsylvania’s largest cyber charter school, who responded to cross examination about CCA’s low test scores and graduation rates and the millions of dollars of taxpayer funds the school spends on advertising each year. (Read more about CCA and cyber charter schools in Pennsylvania in our summary of Tuesday’s proceedings).
During direct examination, which began Tuesday, Flurie testified about the academic programs and coursework offered by CCA. He testified that CCA is “absolutely” providing its 21,000 students with the opportunity to become college- and career-ready. Flurie acknowledged that CCA has been critiqued for the low scores its students have received on standardized tests, but stated that standardized tests are “terribly deficient” as a sole measure of a district’s academic success. He testified that many of his students enroll in school far behind grade level, and that tests for cyber charter school students are administered in unfamiliar environments, like hotel ballrooms, which can create anxiety for students.
On cross examination, Flurie was presented with Pennsylvania Department of Education data showing that, on a two-year, combined basis, only 28.8% of CCA students achieved proficiency on English Language Arts and Math PSSA exams, and the school’s growth score was negative, meaning that students regressed academically.
Flurie also reviewed Pennsylvania Department of Education documents showing that the school’s graduation rate falls well below statewide averages and state goals. Its four-year cohort graduation rate is 53%; its five-year rate is 67%; and its six-year rate is 70%. For the 2018-19 school year, more than 10% of CCA students dropped out, about twice the average rate for charter schools and seven times the average rate for school districts.
Flurie conceded that Pennsylvania has designated CCA as a “comprehensive support and improvement school,” a designation of very low academic achievement that takes into account graduation rates, test scores, and growth scores – indicating that the school’s performance ranks among the bottom 5% of schools statewide. CCA was eligible for the low academic designation across all three categories.
During direct examination, Flurie said that CCA is not an ideal fit for every student. Under cross examination, Flurie was shown documents on CCA’s website demonstrating that “learning coaches”—the adult responsible for assisting the students’ learning at home, typically a parent—are expected to spend five hours each school day helping students in elementary grades with coursework and monitoring lessons, and between two and three hours a day with students in middle grades.
Flurie testified that between 20% and 25% of CCA students receive special education services. Annual reports that CCA submitted to the PA Department of Education, shown to Flurie on cross examination, indicate that its special education teachers had an average caseload of 65 students each during the 2017-18 school year. This number increased to 68 in 2018-19 and to 73 in 2019-20.
Flurie stated that he was unsure whether or not cyber charter schools had to comply with the same legal requirements for limited caseload sizes in special education that traditional public schools are required to adhere to. Superintendents of several school districts have previously testified that they are required by law to provide autistic support classrooms that are capped at eight students each.
During direct testimony on Tuesday, Flurie testified that CCA “always made sure 100% of our teachers held a Pennsylvania certificate for what they were teaching.” When cross-examined about that testimony on Thursday, Flurie said, “that was always our attempt, yes.”
Reviewing the annual reports CCA submitted to the PA Department of Education, Flurie acknowledged that they indicated that each year between two and four of the school’s special education teachers were not appropriately certified.
Flurie was then asked about a report from the state’s Bureau of Special Education that cited a number of deficiencies and corrective actions for the school, including not providing a free appropriate public education in a timely manner, as required by federal law.
Flurie also reviewed invoices and other documentation showing that CCA spends millions of dollars each school year on advertising. For example, in its 2018-19 IRS Form 990, a required disclosure for all nonprofits, CCA reported that it paid $8.5 million to Bravo Group, an advertising, marketing, and lobbying firm.
Flurie himself is a registered lobbyist, he said.
Thursday afternoon, court also heard testimony from Jason Willis, a research director with WestEd who legislative respondents have called as an expert witness on Pennsylvania’s school funding system. We will have more to share about his testimony when his cross-examination concludes on Friday.