American Preparatory Academy in Utah has repeatedly refused to disclose top administrator salaries to state auditors. The school argues that these individuals are paid by a private management company rather than the school directly.
The school’s position is exactly right. Charter schools are privately operated businesses. They are not arms of the government. And state officials have no legitimate authority to force these independent service providers — and contractors that work with them — to reveal internal compensation details.
Just imagine the uproar if school districts were forced to reveal the salaries of every private business that worked with them, whether it be janitorial services, vehicle maintenance, or curriculum providers.
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Accountability in education flows from families, not from auditor subpoenas. Parents vote with their feet every day. They select schools that deliver strong academic results and supportive environments for their children. Schools that fail to meet family expectations lose enrollment and eventually close. This market-driven pressure creates far more effective oversight than any bureaucratic reporting requirement ever could.
Charter schools should remain free to set leadership compensation at levels that attract and retain top talent. As long as those leaders produce results for students and families, the pay arrangements belong to the private operators who run the schools.
Charter schools already receive only a fraction of the per-student funding that flows to traditional government schools. But charter schools are held to a higher standard, one that comes from parental choice, and are more accountable as a result. They achieve more with less by operating efficiently and focusing resources directly on classrooms. Government mandates on executive pay would only undermine that efficiency and discourage capable leaders from serving in the charter sector.
State Rep. Neil Walter (R-St. George) has introduced legislation to protect this independence. His bill would keep payments to independent contractors private when those payments cover services under a contract. The measure would also exclude payments to third-party vendors who are not school employees from public-record status. Walter’s approach keeps government out of private business decisions, where it does not belong.
The Utah Association of Public Charter Schools recognized Walter’s consistent support by naming him Legislator of the Year. His proposal advances the principle that private contractors deserve the same operational privacy that other businesses enjoy.
Policies that respect charter autonomy will encourage more operators to enter the field. Utah families continue to seek expanded options. When supply rises to meet that demand, children gain access to schools tailored to their needs. Imposing new regulatory burdens on private-sector education providers will produce the opposite outcome. Fewer entrepreneurs will launch charter schools. Families will face longer waitlists and reduced variety.
The state auditor’s petition to hold the management company in contempt follows a familiar pattern. These tactics mirror the strategies that teachers’ unions deploy to defend the one-size-fits-all monopoly school system. Unable to compete through superior performance, monopoly defenders turn to government power to harass and constrain successful alternatives.
A private road construction firm does not forfeit all salary privacy simply because it wins a public highway contract. If every employee’s pay became subject to open records demands, firms would exit the market, and potholes would remain unfilled. Private education contractors operate under the same logic. They deliver a public good through private means. Treating them differently from other government contractors makes no sense and harms the very students the system claims to serve.
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American Preparatory Academy’s refusal to comply protects a vital boundary. Charter schools function best when they retain the flexibility that distinguishes them from government-run institutions. Families benefit when leaders can focus on instruction instead of endless compliance paperwork.
Utah should reject efforts to blur the line between private operators and state agencies. The path forward requires more charter growth, stronger parental choice, and firm limits on government intrusion into private compensation decisions.
Corey DeAngelis is a research fellow at The Heritage Foundation and a senior fellow at Americans for Fair Treatment.
