Memphis Academy of Health Sciences Middle & High School Revocation

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Memphis Academy of Health Sciences Middle & High School Revocation
Memphis Academy of Health
Sciences Middle & High School
         Revocation
Memphis Academy of Health Sciences Middle & High School Revocation
School Profiles
                                                     Memphis Academy of
                            Memphis Academy of
               School                                  Health Sciences
                            Health Sciences Middle
                                                            High

             Year Opened           2003-2004                2008-2009

               Address        3608 Hawkins Mill Rd   3925 Chelsea Avenue Ext.

             Grade Levels             6-8                     9-12
              Number of
               Students
                                      192                      357

  Schools
Background
                              Performance Scorecards
                School
             Performance
              Scorecard
                                     2.94                     2.97
               2018-19
              Operations
              Scorecard               4.8                     4.63
               2020-21
Memphis Academy of Health Sciences Middle & High School Revocation
School Profiles
                                  Performance Scorecards

                                                               Memphis Academy of
                               Memphis Academy of
                School                                           Health Sciences
                               Health Sciences Middle
                                                                      High

                                          3.66                            4.18

                Finance       Financial Sustainability was     Debt Burden was the only
             Scorecard FY20   the only financial performance   financial scorecard

  Schools                     category below a 3.0 with a
                              score of 1.0.
                                                               category below a 3.0 with a
                                                               score of 1.0.

Background
Revocation Recommendation

It is the administration’s recommendation to revoke the charter
agreements of Memphis Academy of Health Sciences Middle and
Memphis Academy of Health Sciences High School effective at the
end of the 2021-2022 school year.
Revocation
              T.C.A. § 49-13-122(b)
              A public charter school agreement may be
              revoked at any time by the authorizer if the
              authorizer determines that the school:

                 (1) Committed a material violation of
                 any conditions, standards, or procedures
                 set forth in the charter agreement;
                 (2) Failed to meet or make sufficient
Standard of      progress toward the performance
  Review         expectations set forth in
                 the charter agreement; or
                 (3) Failed to meet generally accepted
                 standards of fiscal management.
Revocation
              Board Policy #1011.XII.B
              The Board may revoke or non-renew a public charter
              school agreement on any of the following grounds:
                 1. Identification of the Charter School as a Priority
                 School....
                 2. Material Violation of the Conditions, Standards,
                 or Procedures Set Forth in the Charter
                 Agreement/Application
                 3. Failure to Meet Charter Agreement/Application
                 Performance Requirements
Standard of      4. Failure to Meet Generally Accepted Standards
                 of Fiscal Management
  Review         5. Statutory Conditions for Non-Approval as
                 Specified in the Charter School Law
                 6. Egregious Acts or Malfeasance by the Charter
                 School
Revocation Notice

December 8, 2021

   This letter serves as official notice as required by T.C.A. § 49-13-122(c) and Shelby County Board of Education (“SCBE”)
   Policy 1011 that the Office of Charter Schools will be recommending that SCBE revoke the Charter Agreements for MAHS
   Middle (8210) and MAHS High (8213), because the Office of Charter Schools has determined that, pursuant to T.C.A. §
   49-13-122(b)(1) and (3), MAHS has committed material violations of the Charter Agreement and has failed to meet
   generally accepted standards of fiscal management. The violations include, but are not limited to, the following:

   1. Assurances of Compliance No. 18 of the Charter Renewal Application for MAHS Middle and High School- MAHS has
   failed to maintain its accounts and records in accordance with generally accepted accounting principles and in conformance
   with the uniform chart of accounts and accounting requirements prescribed by the Tennessee Comptroller of the Treasury.

   2. Section 7 of MAHS Charter Renewal Application – MAHS has failed to adhere to its approved decision-making
   processes and procedures and fiscal oversight.
TN Comptroller of the Treasury
       Report Timeline Summary

• Report published on December 1, 2021
     Investigation was completed by the TN Comptroller of the Treasury, in
     conjunction with the Tennessee Bureau of Investigation, investigated
     malfeasance.

• Scope of review was July 2015 to February 2021.
     Began with the investigation of a school leader, and additional
     concerns were uncovered during the investigation.
Investigation Findings

Three (3) indictments were made based off the findings; and 5 compliance deficiencies.

          Finding 1                               Finding 2                                Finding 3                             Finding 4
                                          Former Finance Director                                                        Former Executive
   Former Executive                                                              Former Nutritional
                                          received improper                                                              Director and former
   Director                                                                      Services Director
                                          payroll payments
   misappropriated school                                                        misappropriated school                  Finance Director made
                                          totaling at least                                                              questionable
   funds totaling at least                                                       funds totaling at least
                                          $25,295.95                                                                     disbursements totaling
   $337,955.13                                                                   $25,114.19
   a. Improper                                                                   a. Unauthorized food                    at least $400,521.45
       disbursements from                                                             purchase for                       a. Questionable
       MAHS bank                                                                      personal                                payroll payments
       accounts                                                                       consumption                        b. Questionable
   b. Improper payroll                                                           b. Misappropriated                           disbursements from
       payments                                                                       funds for repair                        MAHS bank
                                                                                      services on non-                        accounts
                                                                                      school vehicles

Note: Charges and allegations in the indictment are accusations of criminal conduct, and not evidence. The defendant is presumed innocent unless and until
proven guilty beyond a reasonable doubt and convicted through due process of law.
Compliance Deficiencies

Deficiency 1:
MAHS Board of Directors failed to provide adequate oversight of school
operations.

Deficiency 2:
The three former directors did not comply with the MAHS Employee
Handbook policies pertaining to purchase and travel reimbursements.

Deficiency 3:
Former School Leaders made questionable accounting entries and
maintained questionable account records in the general ledger.
Compliance Deficiencies

 Deficiency 4:
 Several school officials failed to report suspected unlawful conduct to the
 state Comptroller of Treasury.

 Deficiency 5:
 MAHS Board of Directors failed to provide adequate oversight of the
 school employees time/work schedules.
Oversight of Charter Schools

                          MAHS Board of Directors

 Charter
 School
Oversight     School         Manages
                                         Academic
                                                     Financial
                                                    Management
             Policies &     the School                of Public
            Compliance                    Success
                              Leader                   Funds
Responsibilities
                   From the Middle/High School Renewal Application
                   2012:

                   • “The MAHS Governing Board is the source of all
                     authority – much of it delegated to others – but
                     is fully accountable for all aspects of school
                     operations.”

                   • “The MAHS Governing Board is committed to
    Board            the proposition that the primary role of a
                     governing body is to govern and make
Responsibilities     policy…”

                   • “MAHS’ governance and operational
                     procedures and policies were designed to…set
                     standards and expectations that can easily be
                     used to measure performance.”
Responsibilities
                   Fiscal Policies – Charter Application
                   Revised 2007

                      200           Internal Control Policies
                      Memphis Academy of Health Sciences, under the direction of
                      the Board of Trustees, is required to establish and maintain
                      adequate accounting records and internal control procedures.

                      204           Board of Trustees Authorities
                      The Board of Trustees will meet regularly to ensure that its
                      fiduciary duty is maintained.
    Board             312            Budgets
Responsibilities      Financial statements displaying budget vs. actual results are
                      prepared by the Business manager and reviewed by the
                      Treasurer and presented to the Board of Trustees at each
                      monthly board meeting.

                      318           Audit/Finance Committee
                      The Board of Trustees appoints an audit/finance subcommittee.
Revocation
              T.C.A. § 49-13-122(b)
              A public charter school agreement may be
              revoked at any time by the authorizer if the
              authorizer determines that the school:

                 (1) Committed a material violation of
                 any conditions, standards, or procedures
                 set forth in the charter agreement;
                 (2) Failed to meet or make sufficient
Standard of      progress toward the performance
  Review         expectations set forth in
                 the charter agreement; or
                 (3) Failed to meet generally accepted
                 standards of fiscal management.
Revocation
              TN Quality Authorizing Standards
              Standard 5. Revocation and Renewal Decision Making
              A quality authorizer designs and implements a
              transparent and rigorous process that uses
              comprehensive academic, financial, and operational
              performance data to make merit-based renewal
              decisions and revokes charters when necessary to
              protect student and public interests.

Standard of   a. Revocation.
                 A quality authorizer:

  Review         i.  Revokes a charter during the charter term if
                     there is clear evidence of extreme
                     underperformance or violation of law or the
                     public trust that imperils students or public
                     funds, in accordance with state law.
                 ii. Does not make revocation decisions on the
                     basis of political or community pressure
Revocation Recommendation

   Based on the deficiency findings in the TN Comptroller of the
Treasury’s investigative report and the TBI’s investigation, the board
    did not provide adequate governance resulting in financial
            mismanagement of approximately $800,000.

It is the administration’s recommendation to revoke the charter
agreements of Memphis Academy of Health Sciences Middle and
Memphis Academy of Health Sciences High School effective at the
end of the 2021-2022 school year.
Questions
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