A: Yes.  Although there are no cases in Pennsylvania that specifically address this issue, it is our opinion that charter schools are subject to the Right to Know Law in the same way that “public schools” are subject to the act.

The Pennsylvania Right to Know Law defines “agency” to include any state or municipal authority, or any similar organization created by or pursuant to statute which declares in substance that such organization performs or has for its purpose the performance of an essential governmental function.

It is beyond dispute that Pennsylvania public school boards are agencies subject to the Right to Know Law.  Charter schools, which are also defined as public bodies and act as "public schools" within their respective school districts, must be "agencies" subject to the Law as well. 

Under Pennsylvania’s Charter School Law, 24 P.S. 17-1701-A et seq., charter schools are defined as "independent public school[s]" and "public, nonprofit corporation[s]."  17-1703-A (emphasis added).  The law makes it clear that charter schools must be accountable to the parents and the public.  Under Section 17-1715-A, charter schools are exempt from certain statutory requirements in the Education Code, but "charter schools are not exempt from statutes applicable to public schools other than this act."  The Right to Know Law is one such statute.

Finally, the Pennsylvania courts have made it clear that primary and secondary schools in Pennsylvania are performing "essential governmental functions."  See Community College of Philadelphia v. Brown, 674 A.2d 670 (Pa. 1996) (in finding that community colleges are not agencies because they do not perform “essential governmental functions”, the court distinguished community colleges from primary and secondary schools and restated the principle that the services provided by primary and secondary schools are constitutionally mandated).

Charter schools are, for all intents and purposes, public schools.  They receive public money and must be accountable to the affected parents, the public, and the Commonwealth.  To take a contrary position is inconsistent with the Sunshine Act, the Charter School Law, and Pennsylvania case law defining the term "agency."