The has cleared the of allegations that it violated the city’s lobbying disclosure requirements when it contracted with and funded a consulting firm to develop a for the , the reports.
A complaint filed in 2012 by , the , and the Philadelphia chapter of the claimed that the foundation had violated the lobbying code by failing to register as a principal, along with a number of anonymous private donors, on whose behalf the developed a controversial pro-charter school plan for the school district. According to the , issued earlier this month, the board's findings "do not demonstrate that BCG was lobbying the School District on behalf of the Foundation...despite the appearance created by the statements of work."
Although then-foundation president Jeremy Nowak regularly met with district officials, asked questions, and made suggestions about BCG's work, the ethics board wrote, "when a private grantor provides a grant at the request of a public entity, we believe that communication between the grantor and public officials regarding the terms of the grant and compliance with those terms, will not, on its own, constitute lobbying. The analysis might be different if the private grantor seeks to influence a specific administrative or legislative action and provides money to enable the public entity to carry out that action."
Foundation officials "look forward to devoting our full attention and resources to supporting organizations and initiatives that help make Philadelphia a better city," Josh Peskin, a foundation spokesman, told the Inquirer. "We are eager to continue our work in helping to ensure that all children in this city have access to a high-quality education."
In a on the Parents United for Public Education blog, founder Helen Gym wrote that the organization plans to pursue the influence question. "Locally and nationally, education reform is increasingly being defined by a host of venture philanthropists hovering about and crawling through school districts, using their dollars to demand enormous access and circumvent public process," she wrote. "The law cannot allow for philanthropy to become a backdoor way around traditional protections in the lobbying law."