Critics call for greater accountability in aftermath of allegations that Franklin Towne fixed its lottery

Allegations of lottery manipulation at Franklin Towne Charter High School should reverberate far beyond the Bridesburg school, one of the city’s top charters, say charter critics.

The possibility that, in February of this year, the school’s then-chief executive deliberately shut out students from certain families and zip codes — contentions made by a top Franklin Towne official and detailed in an Inquirer story published Sunday — raises questions about charter-school oversight, state law, and enrollment practices elsewhere.

Charter advocates condemned the alleged conduct, which they said was not representative of their schools at large: In any case, most of the city’s charters now use a centralized lottery that proponents said eliminates the possibility of such tampering.

But others argued the lottery allegations reflected broader problems with how the publicly funded-but-independently run schools are regulated.

Margie Wakelin, lawyer with the Education Law Center-PA, said Franklin Towne’s situation is further evidence of an equity problem in charters generally.

» READ MORE: A Philly charter school manipulated its lottery to keep kids out, a top administrator says

“It’s pretty shocking, but not entirely surprising to us,” said Wakelin, who has represented families in actions against Franklin Towne. “We really think that the School District of Philadelphia needs to be able to have greater methods for accountability and steps in place for charters, and this is a prime example of why.”

Charter schools enroll about one-third of public school students in Philadelphia. The Education Law Center has found that many of the city’s charters are serving smaller shares of economically disadvantaged students, English language learners, and students with severe disabilities than district-run schools. Charter advocates, meanwhile, argue that the district’s own schools are segregated, with the demographics of special-admission schools not reflecting the city’s.

Franklin Towne is often held up as an example of what’s working for Philadelphia students, when it comes to school choice, Wakelin said, but “it’s really important to look at who has the ability to make that choice, and who doesn’t.”

State Rep. Jason Dawkins (D., Philadelphia) expressed outrage over the Franklin Towne allegations.

“As taxpayers, we should not be funding schools that engage in such practices,” Dawkins said in a statement. “If found guilty, they should face severe penalties. We must hold our schools accountable for providing equal opportunities for all students.”

Changes, Dawkins said, are imperative.

Many in the charter sector also expressed concern Monday.

The African American Charter School Coalition, an organization that represents Black-led city charters, blamed the district’s charter schools office, which has said it’s investigating any lottery tampering. The Franklin Towne situation shows “gross negligence and incompetence of the Charter Schools Office to oversee public charter schools fairly and equitably,” leaders said in a statement.

The coalition believes that Black-led charters are scrutinized more closely and closed at disproportionately high rates than other charters. A school board-ordered outside investigation of those allegations is underway; it’s unclear when it will be completed.

Franklin Towne, a white-led charter, has not been held to the same standards as many Black-led charters, the coalition suggested.

Scott Peterman, CEO of Philadelphia Charters for Excellence, said he learned of the Franklin Towne allegations when he read the Inquirer story. He said all public schools, including charters, “must be held to the highest standards,” and said the organization supports a full investigation of Franklin Towne.

“Any action taken by a public charter school to discriminate in its enrollment practices is unacceptable, and further feeds into the false narratives and misconceptions about public charter schools,” Peterman said.

PCE encourages city charters to use a citywide, third-party enrollment lottery, and 85% do, Peterman said, a fact that “eliminates any question of bias, discrimination or cherry-picking” in those schools because the schools do not control who gets selected, or manage waitlists. Franklin Towne does not use that centralized lottery.

Peterman also said the organization “encourages all of its members to review their own enrollment policies and practices to ensure they are following Pennsylvania’s Charter School Law and they are above reproach.”

The Pennsylvania Coalition of Public Charter Schools said it was “deeply alarmed” by the allegations, and was working with Franklin Towne administrators “to ensure that the lottery process moving forward gives every applicant an equal opportunity to be admitted to the school.”

“Charter schools were created to give children the opportunity for a high-quality education regardless of their zip code,” the coalition said in a statement.

Franklin Towne itself addressed the allegations in a letter sent to families and posted on the school’s website Sunday night. CEO Brianna O’Donnell said that Franklin Towne has hired a “highly reputable independent external agency” to conduct an investigation and promised more information when the investigation was completed.

“Franklin Towne Charter High School is a public school. Not only is my administration dedicated to providing a fair and unbiased enrollment process for all applicants, Pennsylvania’s Charter School Law requires we do so,” O’Donnell wrote.

The law, however, limits school districts’ ability to enforce rules on charters, said Susan DeJarnatt, a law professor at Temple University Beasley School of Law. While districts are charged with approving or denying new charters and deciding whether to renew them, charters can challenge those decisions before a state appeals board — a step Franklin Towne pursued in a dispute with the Philadelphia School District in 2018.

Amid concerns that Franklin Towne’s high school and elementary schools didn’t reflect the city’s demographics, the former School Reform Commission said it would allow Franklin Towne to open a new middle school only if it met certain conditions — including setting aside seats for students from particular zip codes, and also reducing its proposed enrollment.

Charter schools are funded by districts based on how many students they enroll, and Franklin Towne argued the enrollment reduction made its proposed school financially nonviable. It won before Pennsylvania’s Charter Appeals Board. The charter operator then struck a deal with the district in 2019: Instead of opening a middle school, it got permission to add seats at its existing schools.

The Philadelphia district “has been reluctant to litigate” charter disputes, DeJarnatt said, who has argued for a more forceful approach.

She also said state law needs to be strengthened, including rules for when a school district can close a charter school.

During a staff meeting last week, O’Donnell sought to reassure teachers that the school’s charter wasn’t in jeopardy, according to a recording of the event reviewed by the Inquirer.

“Even if there was something that happened with the lottery,” said O’Donnell — who took over for former CEO Joe Venditti, who resigned on Feb. 27 — “your job, your employment, the school itself is not in any danger, OK?”