They are really private educational contractors, as this writer points out.
http://gothamschools.org/2010/03/26/are-charter-school-public-schools-i%E2%80%99m-afraid-not/The primary argument that charter schools are public schools is that they are paid for out of government funds. While they do get most of their budgets from tax dollars, that is not enough to render them public schools. There are many other organizations that pay for operations with public funds but are still private organizations. Defense contractors receive enormous sums of money from the government to provide design and manufacturing of weapons systems, but they remain private corporations. Blackwater provided labor, training and services to the Department of Defense and the State Department, but it remained a private organization.
If a construction firm is hired by a school district to build a school, it remains a private firm. If a new firm is formed to bid for a school construction job, and wins the project, it still remains a private firm. Even if that firm does such a good job that it wins future bids and does all the district’s construction work, it remains a private firm.
Frankly, I’ve not heard any other arguments that charter schools are public schools. Meanwhile, there are lots of ways in which they most definitely are not public schools
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Charter school principals cannot be removed by elected officials. Their board members are not subject to removal by public elections. The executives of charter management organizations are not accountable to the government for their jobs.
More important, however, is the difference in moral mission. It is the responsibility of the public schools to educate every child who shows up. All children who live in a school district have a right to attend a district school. Furthermore, no public school can in good conscience “counsel out” a student. Private schools are well known to engage the practice of “counseling out” when a student does not seem to fit in or is too disruptive or the school believes that it cannot well meet that student’s needs. As the student has the public schools to fall back on, the moral import of this practice is surely debatable. But the public schools must find another placement for students whose needs they cannot meet, because they – in the form of the district – have a moral and a legal obligation to educate every child that shows up.
Charter schools do not have that obligation, either legally or morally. To the extent that many charter schools are oversubscribed, it would be difficult or impossible for them to do so. While the public schools have to cram in more students – hopefully, eventually, leading to more classrooms and even schools – charter schools only have to serve as many students as they specify. Charter schools are free to say that they do not offer support services for English language learners or autistic children, but the public schools must provide schooling for every child. Charter schools are free to “counsel out” students.
Charter school employees do not work for the government; they are not public employees. While the government has contracted with charter schools to provide a service, they do not act as the government when the provide it. Their operations are not subject to democratic or public oversight; rather their contracts (i.e. their charters) come up for review for possible extension periodically.