The United Federation of Teachers submitted an amicus brief today supporting the authority of the New York State Comptroller to audit Success Academy and other charter schools and networks.

UFT lawyers argue that “while charter schools may receive some funding from private entities, they are overwhelmingly funded by public tax dollars and they are subject to the disclosure requirements applicable to government agencies under the New York state Freedom of Information Law.”

The brief cites charter schools on Long Island and in Buffalo with end-of-the-year fund balances in millions of dollars, though state law restricts non-charter public schools to retaining a maximum of 4 percent of their annual expenditures as a fund balance.

UFT President Michael Mulgrew said: “Charter schools can’t have it both ways. They can’t turn out hundreds of parents with T-shirts that claim that charter schools are public schools, then argue in court that charters aren’t covered by the same rules that govern other public schools.”

In 2005, the New York State Legislature adopted a bill providing that charter schools, as public entities funded by taxpayers, would be subject to the State Comptroller’s audit “just like other public schools.” However, charter school operators, including Success Academy Charter Schools, went to court, saying that the Legislature had exceeded its authority. The Legislature eventually rewrote the law to say that the Comptroller may do financial audits of charter schools “at his or her discretion."

Success Academy then went to State Supreme Court seeking a permanent injunction to block charter school audits by the Comptroller, claiming the law was unconstitutional.