Law & Courts

Union Accuses Charter Operator of Skirting Ohio Law

By Erik W. Robelen — March 14, 2006 4 min read
  • Save to favorites
  • Print

The Ohio Federation of Teachers, long a vocal critic of charter schools, issued a report last week that portrays one for-profit charter operator in the state as far more concerned about making money than improving student learning. It argues that the schools it operates are nothing more than a “chain of company stores” in violation of state law.

The analysis follows a series of reports that the Ohio affiliate of the American Federation of Teachers has written in recent years criticizing White Hat Management Inc. The privately held Akron-based company operates 34 charter schools serving some 16,000 students in Ohio, as well as 20 schools in other states with 6,000 students.

“This report shows clearly that [White Hat Chairman] David [L.] Brennan has been allowed to circumvent numerous state laws, and that profit, not helping children learn, is the primary motive,” said OFT President Tom Mooney in a March 7 statement.

“Education Empire: David Brennan’s White Hat Management Inc.” is published by the Ohio Federation of Teachers.

The 82-page report, jointly prepared by the OFT and the Food and Allied Service Trades Division of the AFL-CIO, outlines a long series of charges about the company and its chairman.

Thomas F. Needles, a White Hat consultant, said Mr. Mooney has long been unfairly savaging the company.

“The theme is just that … there’s some grand conspiracy by Mr. Brennan and White Hat to somehow bilk the taxpayers,” he said. “It’s a patently absurd charge and one we reject categorically.”

He added, “You have to understand that it’s a series of vicious professional and personal attacks that are also replete with errors, omissions, and outright lies.”

Mr. Needles declined to go into detail, and neither the company nor Mr. Brennan issued a formal response to the report.

‘Company Stores’

The report charges that schools run by White Hat are not truly independent from the company. For instance, the report says the same nine individuals constitute the boards of eight White Hat schools. In addition, four of those trustees also serve on the boards of five others.

The report suggests that many of those board members were handpicked by White Hat.

The report says the name of each school operated by White Hat is a trade name registered by White Hat Learning Systems. The company has established a limited-liability company under the name of each school, the report says.

White Hat is the “sole vendor” for its charter schools, renting them buildings, selling them computers, books, and other supplies, and leasing them teachers and administrative staff, the report says.

And it says that White Hat has loaned substantial sums to five of its charter schools. Public school districts may not carry operating debt beyond the current school year, the report notes.

“The ability of a charter school’s board of trustees to negotiate fair and equitable contracts for its school is further compromised when they are indebted to the management company that operates the school,” the report says.

In an interview, Mr. Mooney said all of this amounts to a violation of state law. “The law says that a charter school has to be nonprofit, and have its own board,” Mr. Mooney said in an interview. “This is illegal because this is a chain of company stores. … The schools are not just operated by White Hat, they are owned by White Hat. … The veil has been removed.”

J.C. Benton, a spokesman for the Ohio Department of Education, said he had not reviewed the report.

“The state does not have a direct relationship with White Hat Management,” he said. “White Hat handles the day-to-day operations of some schools in Ohio. I’m not going to defend David Brennan or White Hat Management. The sponsors of the schools have control and they use White Hat, which provides services.”

Terry Ryan, the vice president for Ohio programs and policy at the Thomas B. Fordham Foundation, a Washington think tank that backs charter schools, said the union report is part of an ongoing battle between the OFT and White Hat Management.

“The union is out to try to bring down charter schools by attaching them to David Brennan,” he said. “I think he does things that make him an easy target.”

Mr. Ryan said that while he found some of the charges questionable or even “loopy,” others appear to show reason for legitimate concern, such as questions about the independence of the boards for the schools. He emphasized that he had not independently researched that information.

Mr. Ryan noted that the Fordham Foundation serves as an authorizer of charter schools in Ohio. “And, as such, we think it’s important that there be a separation between the governing authority for the school and the management company that runs it,” he said.

He added: “The way that the White Hat schools have operated has alienated folks in local communities. … They’re seen as outsiders or carpetbaggers. It’s the perception that I hear from people.”

The report cites many other issues of concern, from campaign donations Mr. Brennan and his family members made to state lawmakers writing charter legislation to the use of charter school buildings as collateral to secure a loan for one of his companies.

Related Tags:

A version of this article appeared in the March 15, 2006 edition of Education Week as Union Accuses Charter Operator of Skirting Ohio Law

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Measuring What Matters: How District Leaders Are Redefining Student Assessment
In this panel discussion, district leaders and systems experts will examine the gap between the outcomes we want and the systems in place.
Content provided by Otus
Early Childhood Webinar Selling Into Early Learning: New Survey Data and Strategies for Marketers
Selling into PreK? Get fresh EdWeek Research Center data and strategies to position your products and reach the right early learning buyers.
Artificial Intelligence Webinar AI and 'Techlash' Are on a Collision Course. How Should Schools Respond?
Learn what strategies and tactics schools can develop to encourage smart and responsible AI use, while also enforcing tech guardrails.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Can Public Schools Try to Boost Diversity? Admissions Policies Face a New Test
Challenges to race-neutral methods for selective admissions are continuing.
6 min read
Photo collage of the Supreme Court building with a diverse group of teens superimposed over it.
Collage by Gina Tomko/Education Week + Canva
Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP