Monday, May 21, 2018

The New Statewide Challenge to School Segregation in New Jersey Already Has a Lot Going For It

The new lawsuit by the Latino Action Network and New Jersey NAACP takes a bold swing at school segregation and connects.  The facts are both straightforward and damning.  New Jersey’s schools--traditional public schools and charters—are extremely segregated.  The state is responsible for the segregation in both sectors.  And the state constitution prohibits it. 

The million-dollar question is whether they can win.  I believe they can, if courts are brave enough to follow the facts and law where they lead.  Plaintiffs’ cite to Sheff v. O’Neill, a 1996 Connecticut Supreme Court case that ruled in plaintiffs’ favor on similar facts and similar constitutional language.  The New Jersey claim, however, is probably even stronger.

NJ SegThe extent of the racial isolation in New Jersey schools is shocking.  One in four African American students in the state attend a public school that is 99 percent or more minority.  Another one in four attend “public schools in which the percentage of Black and Latino students exceeds 90%.”  Almost two in three to a school that is “80% or more non-White.”  The numbers for Latino students are nearly as bad.  Fifty-nine percent “attend schools that are more than 80% non-White.”

Charter schools aren’t helping.  According to the complaint, they are making matters worse.  Charter schools seem almost exclusively reserved for minority in many instances.  Three out of four charter schools in the state have student enrollments that are less than ten percent white.  They argue that over 80 percent of charter schools have “extreme levels of segregation.”

The common retort to these sorts of facts is that they are the result of private choice and beyond the control of the state.  The complaint acknowledges the role that residential segregation places in school segregation, but reveals that the state cannot wash its hands of the problem for two reasons.  First, state education policy plays an additional causal role in this segregation.  In other words, this level of segregation is not inevitable.  It is a state policy choice.

Second, the state constitution and statutes prohibit this segregation.  So even if the state was simply a passive participant, the state constitution and laws would demand a remedy given the negative educational consequences that flow from this segregation.

As to the state’s causal responsibility, “[t]he State has been complicit in the creation and persistence of school segregation because it has adopted and implemented laws, policies, and

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May 21, 2018 in Charters and Vouchers, Equity in education, Racial Integration and Diversity | Permalink | Comments (0)

Tuesday, May 15, 2018

What Do the War on Teachers, Charter Schools, Vouchers, School Accountability, and Standardized Testing All Have in Common?


What do the war on teachers, charter schools, vouchers, school accountability, and standardized testing all have in common?  They ignore school segregation.  At worst, they each harbor the assumption that their given policy prescription is the magic bullet to educational opportunity—that if we could just solve this one policy problem, educational opportunity would become equal.  At best, they assume that their respective issues are more important to student achievement than other factors.  In other words, poor teaching, a lack of school choice, or unaccountable schools are the primary cause of low student achievement and inequality.

Take teacher tenure.  Education reformers are convinced that eliminating teacher tenure is the necessary first step to any meaningful reform because tenure locks in the status quo. Their argument is simple. If teachers could not hide behind tenure, schools could easily remove the worst teachers and the rest would be motivated to improve. Given what we know about the effects of quality teaching, this, they say, would dramatically improve student outcomes and shrink achievement gaps.

But as I explain in the Constitutional Challenge to Teacher Tenure,

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May 15, 2018 in Charters and Vouchers, Racial Integration and Diversity, Teachers | Permalink | Comments (0)

Tuesday, May 8, 2018

Charter Schools Remove Tens of Millions in Funding from Three California Districts, While Severely Under-enrolling Students with Disabilities

Yesterday, I posted on Helen Ladd's pathbreaking study of the cost of charter schools to local school districts in North Carolina.  She found an "average fiscal cost of more than $3,500 for each student enrolled in charter schools."   Today brings more troubling factual findings out of California. In the Public Interest finds that "Oakland Unified loses $5,643 a year per charter school student while San Diego Unified loses $4,913 a year and East Side Unified loses $6,000 a year."

What was once just rebutted as rhetoric is now increasingly becoming an established fact--charter schools are reducing the amount of funding that is spent on each student who remains in traditional public school. As I recently explained in Huffington Post, states are favoring school choice at a steep cost to public education.  From funding and management practices to teacher and student policies, states are giving charter schools and private schools a better deal than public schools.

As people gawk at the dollar signs in this new report, I would, however, encourage them to not overlook more evidence of separate and unequal schools.  I argue in my forthcoming research, Preferencing Choice: The Constitutional Limits, that the preferences that states have created for charters, in particular, are helping fuel segregation on any number of levels--race, socio-economic status, language status, and disability.  This new report by In the Public Interest adds yet another piece of evidence to prove my point.

Sped segAs this chart shows, while charter schools enroll 28 percent of all Oakland-area students, they only enroll 19 percent of its special education students.  And the special education students they enroll are not representative of the overall special education population.  Rather they enroll those who tend to cost less to serve.  Most notably, they only enroll 15 percent of the districts emotionally disturbed students, only 8 percent of its autistic students, and only 2 percent of those students with multiple disabilities.

The state then whops a huge advantage on top of all this.  It gives charters 28 percent of all special education funding for Oakland-area students. 

Let me say it again, as bluntly as I can, Oakland charters only serve 19 percent of the district's special education students and the ones they serve tend to be lower cost, but the charters still receive 28 percent of the districts special education funding.



Here is In the Public Interest's press release:

$142.6 Million Net Loss in School Districts in San Diego, Oakland, and San Jose, While Student Needs Go Unmet


WASHINGTON – In a first of its kind analysis of three California school districts, researchers found that public school students are bearing the cost of charter schools’ rapid expansion. The report calculates the net fiscal impact of charter schools on three representative California school districts: San Diego, Oakland, and San Jose’s East Side Union High School District. 

The analysis, Breaking Point: The Cost of Charter Schools for Public School Districts, conducted by In the Public Interest, a California-based think tank, with Dr. Gordon Lafer, examines the cumulative effect of charter schools on California school districts, which rank 42nd nationwide in per pupil spending. The number of California charter schools increased by more than 900 percent to more than 1,200 schools over the last two decades. 

“Our analysis shows that the continued expansion of charter schools has steadily drained money away from school districts and concentrated high needs students in neighborhood public schools,” said Dr. Gordon Lafer, political scientist and professor at the University of Oregon. “The high costs of charter schools have led to decreases in neighborhood public schools in counseling, libraries, music and art programs, lab sciences, field trips, reading tutors, special education funding, and even the most basic supplies like toilet paper.” 

The California Charter Schools Act does not allow school boards to consider how a charter school may impact a district’s educational programs or fiscal health when weighing new charter applications. However, when a student leaves a neighborhood public school for a charter school, all the funding for that student leaves with them, while all of the costs do not. This leads to cuts in core services like counseling, libraries, and special education and increased class sizes at neighborhood public schools. 

San Diego Unified is the second-largest district in the state, with a combined enrollment of more than 128,000 students, and a total of 51 charter schools. Oakland Unified has 50,000 students and has the highest concentration of charter schools in the state. East Side Union High School District has a total enrollment of 27,000 and is comprised solely of high schools. Although the districts face unique challenges and student populations, they share similar financial challenges from charter school expansion. 

“Unlimited charter school expansion is pushing some of California’s school districts toward a financial tipping point, from which they will be unable to return,” Dr. Lafer said.

The report recommends that each school district create an annual economic impact report to assess the cost of charter school expansion in its community. With consideration of economic impact, school districts could more effectively balance the value of a new charter school with the needs of neighborhood public school students.

Key findings from the report include:

  • Oakland Unified loses $5,643 a year per charter school student while San Diego Unified loses $4,913 a year and East Side Unified loses $6,000 a year.
  • Charter schools cost Oakland Unified $57.3 million per year, a sum several times larger than the forced drastic cuts to Oakland’s neighborhood school system this year.
  • In East Side Union High School District, the net impact of charter schools amount to a loss of $19.3 million per year.
  • Charter schools cost the San Diego Unified $65.9 million in 2016-17, $6 million more than the most recent round of budget cuts in early 2018.
  • In Oakland, nearly 78 percent of students come from low-income families, are English language learners, or are foster youth, while 63 percent of students in San Diego Unified and 52.7 percent of students in East Side High School Unified share those backgrounds.

 The report builds on previous studies that used different methodologies but came to similar conclusions. In the smaller cities of Buffalo, New York, and Durham, North Carolina, the net impact of charter schools was estimated as a loss of $25 million per year to the school district. In Nashville, Tennessee, the loss is approaching $50 million per year. And in Los Angeles—the nation’s second-largest school district—the net loss is estimated at over $500 million per year.

In the Public Interest is a nonprofit resource center that studies public goods and services.

May 8, 2018 in Charters and Vouchers, Special Education | Permalink | Comments (0)

Monday, May 7, 2018

New Study Finds That Each Charter School Student in North Carolina Costs Local Traditional Public Schools $3500

Helen Ladd is amazing. She is Professor Emeritus and still continues to knock it out of the park with her research.  In the past couple of years, she has opened the nation's eyes to demographic trends in charter schools.  Unlike the common refrain elsewhere that minority students are further racially isolated in charters, she and her colleagues, Charles Clotfelter and John Holbein,  showed that in North Carolina charters are increasing enrolling white students while charters increasing enroll students of color.  My thesis has long been that charters are uniquely serving as white flight schools in North Carolina because the state operates county wide public school systems that have traditionally been among the most integrated in the nation (although still far from fully integrated).

This spring Ladd and John Singleton are again pushing the boundaries of our understanding.  They recent published The Fiscal Externalities of Charter Schools: Evidence from North Carolina.  Their abstract explains:

A significant criticism of the charter school movement is that funding for charter schools diverts money away from traditional public schools. As shown in prior work by Bifulco and Reback (2014) for two urban districts in New York, the magnitude of such adverse fiscal externalities depends in part on the nature of state and local funding policies. In this paper, we build on their approach to examine the fiscal effects of charter schools on both urban and non-urban school districts in North Carolina. We base our analysis on detailed balance sheet information for a sample of school districts that experienced substantial charter growth since the statewide cap on charters was raised in 2011. We find a large and negative fiscal impact in excess of $500 per traditional public school pupil in our one urban school district, which translates into an average fiscal cost of more than $3,500 for each student enrolled in charter schools. We estimate comparable to somewhat larger fiscal externalities per charter school pupil for two non-urban districts.

In a new essay with Brookings, they plain speak and contextualize it for us:


In North Carolina, the state is the sole authorizer of charter schools and its authorizing legislation specifies that charter schools are to be funded at the same per-pupil rate as the public schools in the district where the students live. Funding for these purposes includes state funding which accounts for about 65 percent of statewide funding, and local supplemental funding which differs by district based largely on the wealth of the local county.

We collected financial data on school spending from six districts around the state to conduct the analysis. We selected Durham, N.C., (a county district with a traditional public school enrollment of 33,000 students) as our urban district because of: its relatively large share of charter school students (15 percent); its high local funding; and the explicit concerns of district policymakers that charters are adversely affecting the district’s ability to serve its students, many of whom are economically disadvantaged. We selected five illustrative non-urban districts based on their growing shares of charter school enrollments, and our success in obtaining the detailed local expenditure data needed for the analysis.

Estimating fiscal burdens in an art, not a science. Central to the analysis is categorizing local district expenditures into one of two categories. Variable costs–such as spending on teachers–represent those that can be cut back relatively easily with a change in the number of students. Conversely, fixed costs – such as those on administration and facilities–represent long-term funding commitments and are much harder to adjust in the short run.

For the simplest models, we assume that the district can reduce its variable spending on line with the loss of students and that fixed costs cannot be adjusted at all. In fact, however, the district will not be able to adjust its variable spending in this way if the students who shift to charter schools are spread across schools and grades. Hence, we also calculate short-run fiscal burdens that assume some stickiness in variable spending. For some of our estimates, we also vary the treatment of fixed costs by assuming that even in the relatively short run, the introduction of charter schools may allow a fast-growing district to slow its spending on facilities.

Despite these uncertainties and various modeling assumptions, the bottom line is clear. The growth of charter schools imposes clear fiscal pressures on local school districts in the short run. In Durham, for example, the burden is about $500 per traditional public school student. This estimate is somewhat smaller than the comparable per-pupil burdens of $900 and $700 Bifulco and Reback estimated in New York state using similar assumptions. Nonetheless, the potential adverse impact on education quality in Durham is likely to be larger because per-pupil spending in North Carolina is less than half that in New York.

The net fiscal burdens per traditional public school student for our five non-urban districts are lower than what we estimated in Durham, largely because of their lower charter school enrollment shares or reliance on local supplemental funding.

Changing the focus to the excess cost per student enrolled in a charter school, we calculate a burden of about $3,500 per charter school enrollee in Durham, and burdens of comparable or larger magnitudes in two of the non-urban districts.

These impacts, they argue, require a public policy response: state "aid to smooth or mitigate revenue losses for school districts in proportion to the expansion of local charters." 

May 7, 2018 in Charters and Vouchers | Permalink | Comments (0)

Wednesday, May 2, 2018

DeVos' Sparring Match with Teachers Highlights the False Logic of School Choice

Betsy DeVos sat down with the state teachers of the year on Monday.  Based on Rebecca Klein's report at Huffington Post, several of them gave her a piece of their mind.  One of the most poignant was from a self-described Trump voter from Oklahoma.  He said school choice programs like charter schools and vouchers are draining money from the public schools.  He says that DeVos responded that students enroll in those programs to get out of low-performing public schools.  Then the teacher laid it on the line, saying choice programs are “creating the ‘bad’ schools by taking all the kids that can afford to get out and leaving the kids who can’t behind.”

This line of debate and reasoning has played out a thousand times, never with any satisfying resolution. 

A public school advocate critiques choice programs. A choice advocate defends charters and vouchers by critiquing public schools.  The latter is a classic “ends justify the means” claim.  They implicitly concede that even if choice is hurting public schools, the harm is justifiable because the public schools are so bad.  This rarely gets directly challenged.  Instead the debate moves to the emotional level, particularly for families with children "trapped" in “bad” schools.  It would seem unjust, if not imprudent in public discourse, to suggest they remain "trapped."  

The pro-choice argument, however, sets up both a false dilemma and false attribution that needs to be called out.  The false dilemma is to assume the only options are to stay in a “bad” public school or depart through a charter or voucher.  Of course, the other option is to improve the public school itself.  The Massachusetts Supreme Court pretty clearly cut through this faulty logic in its recent decision rejecting a challenge to the state’s charter school cap.

The false attribution is to assign causation to “bad” schools.  These schools do not exist in a vacuum.  They don’t just create themselves.  They are creatures of the state.  The state funds or underfunds them.  Staffs or understaffs them.  Segregates or integrates them.  Supports their success or doesn’t.  If, in fact, a school is “bad,” it is because of the policies that states have chosen to pursue in them.  So the cause of parents desire to leave the public schools is not actually the public schools themselves, it is the state's actions.  And it is, ironically, this exact same state actor that choice advocates let off the hook when they ask for school choice rather than school improvement. 

This lead to yet another logical flaw—false hope.  They falsely trust the state actor who is depriving children of equal educational opportunities to fix the problem by absolving itself of responsibility. The actual facts of how states are running their traditional public schools versus their charter schools and vouchers reveals that many states’ driving motivation has been to undermine public education not fix it.  And state leaders are willing to do anything necessary behind the scenes to pursue their own partisan agenda.

Reminds me of the line from Usual Suspects: “The greatest trick the devil ever pulled was convincing the world he didn't exist.”

 --on Twitter @DerekWBlack  

May 2, 2018 in Charters and Vouchers, Federal policy | Permalink | Comments (0)

Tuesday, May 1, 2018

Arizona Lawmakers Are Unrepentant, Slipping in New Money for Koch Brother Agendas When They Are Supposedly Fixing Teacher Salaries

SenateFloor3-1024x683While Arizona teachers may have shamed their lawmakers and pressured them to work faster on the budget, Arizona lawmakers are sticking to their playbook.  In the middle of a massive teacher strike, the legislature found it fit to continue patronizing its most conservative elements--those in line with the Koch Brothers.  AZ Central reports that nestled in Arizona's new budge is a $5 milllion earmark "for so-called freedom schools aimed at advancing free-enterprise ideals at Arizona State University and University of Arizona." 

Five million is chump change in the grand scheme, but it speaks to a fundamental challenge in the state.  The Koch Brothers have declared Arizona ground zero in the fight to reshape public education.  They are heavily supporting a referendum this fall that would dramatically expand vouchers in the state.  If it succeeds, the budget deal that Arizona makes now to increase teacher salaries could be undercut months later with a new law that makes many public teaching positions obsolete.  In other words, teachers may get a raise, but there would be fewer of them if the voucher bill succeeds.

This earmark is a sad reminder of my reflections in the LA Times: State leaders may make public concessions to teachers in the short-term, but they are willing to change any rules necessary--including constitutional and democratic norms--to see that their anti-public education agenda succeeds in the long-term.  I wrote,

Teachers are walking out again, this time shutting down campuses in 90 or more school districts across Arizona. Gov. Doug Ducey claims to be puzzled: He endorsed a plan to give teachers raises that would add up to a 20% pay increase over the next three years. Why would teachers walk out now?

Surely part of the reason is that teachers in Arizona know a concession on pay isn't the same thing as a genuine commitment to public education. State leaders like Ducey are so dead set on privatizing education or spending school funds elsewhere that they are ready to change any rules — even longstanding constitutional and democratic norms — to further that agenda.

The biggest norm of all — the very concept that states provide an education to all children — dates back to the 1860s. State leaders then believed that for average people — including African Americans newly freed from slavery — to exercise their rights as citizens, they had to be educated. And unless average people participated in self-government, the country could not live up to its democratic promises. Today, all 50 state constitutions, in one way or another, guarantee access to equal, adequate and stable public education.

Various constitutional mechanisms ensure states make good on this responsibility. For instance, most require creation of a state board of education, state superintendent or both. Those officials may be elected or appointed, but regardless of the exact process, the goal is to separate education decision-making from everyday politics. In North Carolina, for example, the constitution mandates "a politically and geographically diverse Board comprised of education experts who serve lengthy terms." The state's constitutional framers thought this would enable "the Board to place education above politics.

Many political leaders today, however, don't want to abide by these norms. Some even question the state's role in providing public education. If they can change constitutional norms, they can win the larger war over public education while conceding current skirmishes.

Kentucky offers the most recent example. Earlier this month, a statewide teachers strike led the Legislature to increase the education budget over Gov. Matt Bevin's veto. The loss did not deter Bevin. He just changed strategies. Last week, he had the state superintendent of education, who had more than a year left on his term, removed without cause. His handpicked board of education did the dirty work. The governor's favored replacement is someone from his own office who could be counted on to promote charter schools.

Other states have done the same. After the 2016 election in which Republicans lost the governor's mansion in North Carolina, the lame duck Legislature passed a bill to strip the state board of education of its power, transferring the authority to the superintendent's office, which was won by a Republican. Indiana lawmakers pursued a similar strategy in 2015 when the superintendent's positions conflicted with then-Gov. Mike Pence.

Courts stand as the final check on these manipulations. Where some are holding strong in important states, lawmakers are looking to amend their constitutions to fix that. The Florida Constitution Revision Commission — a panel stacked by and with Republican lawmakers — has just put an amendment on the November ballot that attacks public education on multiple fronts. It imposes term limits on local school boards and would let the state establish privately run charter schools over the objection of local school boards. Most insidiously, it would replace the requirement that Florida maintain a "uniform" system of free public schools with one that the Legislature provide for the "promotion of civic literacy."

Similarly, the Kansas Supreme Court repeatedly has found that the state is depriving students of their constitutional rights to education. In partial response in 2015, the state passed legislation to defund the judiciary if it continued to strike down the state laws. The state also stripped the court of its authority to appoint lower court judges. This year, Kansas legislators started calling for a constitutional amendment to deny courts the authority to hear school funding cases at all. The proponents went so far as to hold up the state's entire public education budget until they got a vote on the proposal. Only a looming deadline ended the standoff.

Arizona is ground zero in a fight to reshape public education led by billionaire industrialist Charles Koch and his network of conservative political donors. Last year, the state passed an expansive voucher bill that gave state subsidies for private school tuition. Now, the Koch network wants more.

At a policy conference in California in January, they announced plans to support a statewide referendum that could shovel even more taxpayer money into private schools. When they offered Gov. Ducey the podium, he was all in. "I didn't run for governor to play small ball. I think this is an important idea," he said. Next door, Nevada's state supreme court recently declared just this type of voucher idea unconstitutional because it put finding priorities for private education ahead of public education.

These tactics reveal that public education is under long-term assault, no matter what short-term concessions are won in Arizona or by other teacher protests. Education advocates must start guarding our constitutional and democratic norms in education as jealously as they are guarding teachers' salaries. Otherwise, they will wake up one day with nothing left to defend.

  --on Twitter @DerekWBlack  

May 1, 2018 in Charters and Vouchers, School Funding | Permalink | Comments (1)

Thursday, April 26, 2018

How States' Obsession with School Choice Is Fueling an Education Crisis--And Increasing Teacher Salaries Won't Fix It

States are favoring school choice at a steep cost to public education

File 20180423 94157 bxe6lr.jpg?ixlib=rb 1.1
Colorado teachers rally outside the state Capitol April 16 to demand more funding for schools. Colleen Slevin/AP

Derek W. Black, University of South Carolina

Teacher strikes are generating a healthy focus on how far public education funding has fallen over the past decade. The full explanation, however, goes beyond basic funding cuts. It involves systematic advantages in terms of funding, students and teachers for charter schools and voucher programs as compared to traditional public schools. Increasing public teacher salaries may end the current protests, but speaking as an expert in education law and policy, I believe it won’t touch the new normal in which public education is no longer many states’ first priority.

My forthcoming research shows that, from funding and management practices to teacher and student policies, states are giving charter schools and private schools a better deal than public schools. These better deals have fueled enormous growth in charter schools and voucher programs that is now nearly impossible to unwind.

The most basic shift occurred between 2008 and 2012. Florida and North Carolina illustrate the nationwide trend. Each cut public education funding by 20 percent or more in three years. During the same period, North Carolina lifted its cap on new charter schools and quickly doubled its charter school spending. Florida similarly changed the rules for its voucher program and quadrupled its size.

Favorable funding practices

States also passed laws to offer charters and private schools more money for each student they took. Florida increased the value of each voucher by roughly US$2,000. Nevada went even further, passing legislation that would convert every single public education dollar into a voucher dollar. While the state Supreme Court later declared the program unconstitutional, it has not stopped other states like Arizona from pursuing similar programs.

Several states also began lifting income eligibility limits. Previously, states had provided vouchers only for low-income students. But new voucher programs made them available to wealthy students as well, even those who already had access to excellent public schools.

Charter schools benefited from similar advantages in some states. Ohio and New Jersey funneled charter school funding through school districts, but the states’ antiquated funding formulas and charter reimbursement rates force districts to send charter schools more per pupil than they receive from the state.

Pennsylvania has a similar scheme, but it has proven so lopsided that it expanded deficits in Philadelphia and nearly bankrupted the Chester School District. Chester was paying the local charter school roughly $40,000 per special education student, including for those students with relatively low-cost needs. Arizona took a simpler route. It shielded charter schools from the budget cuts it was imposing on traditional public schools.

Less oversight

Once they receive the money, charter schools and private schools receiving vouchers can spend it almost any way they want. Private schools operate just as they had before. And charter schools – though technically public schools – are exempt from typical financial oversight.

Laws require public schools to award contracts through a transparent process and prohibit public schools from entering contracts that pose conflicts of interest. Charters can award contracts to almost anyone they like – and on any terms they like. This includes awarding contracts to companies that have close financial ties with the charter. A person can start a purportedly nonprofit charter school and then have that charter purchase all of its services and supplies from a company owned by that same person. As a result, the person can turn a profit on staffing, facilities, technology and supplies. National Heritage Academies runs this exact type of business model in North Carolina and continues to grow its campuses.

The same activity could constitute fraud or criminality in a public school. Yet, state law permits it for charters. As Thomas Kelley’s analysis reveals, many of the charter schools that state law calls nonprofits would not qualify for that same label under federal law.

No checks on profiteering

Even well-meaning charter schools have been unable to stop this profit-taking. The Ohio Supreme Court, for instance, found that state law dictates that everything a private charter school company purchases with public dollars – from desks to computers – belongs to the private company, not the public. The same is true of buildings that charter schools lease. Charter school operators reap their largest profits through unreasonably high lease payments on buildings that the public will never own.

States also allow private schools and charters to treat students differently. While public schools must provide disadvantaged students with a host of special services, private schools take vouchers with almost no strings attached. And they are increasingly taking high-achieving middle-income and nondisabled students who cost less to educate and typically do not demand specialized services.

Charter schools’ advantages come in their ability to recruit students and cap enrollment. Public schools must serve everyone in their community. The clearest proof that charters don’t is in the data. For instance, Newark charter schools enroll less than half the percentage of special education students and English language learners as the Newark public schools. Newark charters also enroll significantly fewer low-income students. In North Carolina, charter schools are increasingly enrolling white students, while public schools increasingly enroll students of color. In Minneapolis, 80 percent of charters are racially isolated by race, socioeconomic status or both.

The most obvious advantage, however, is with teachers. Most states exempt charter schools from teacher certification requirements. Half exempt charters from complying with high-stakes teacher evaluation systems. More than three-quarters exempt charters from the teacher salary and collective bargaining rules. In short, states permit charters to hire teachers that would be deemed unqualified in a public school and pay them less.

The need for a structural shift

The current debate over school funding must move beyond teacher salaries and whether the books in public schools are tattered. Those conversations ignore the systematic policies that disadvantage public schools. Increasing public school teachers’ salaries alone won’t fix the problem. The public school teaching force has already shrunk. Class sizes have already risen. And the rules that advantage charter and private schools remain firmly in place.

The ConversationLong-term solutions require a reexamination of these preferences. As a state constitutional matter, the law requires that states make public education their first priority. It is not enough to make education one of several competing priorities. And as a practical matter, states cannot continue to ask public schools to work with whatever is left over and then criticize them for doing a poor job. This cycle creates a circular justification for dismantling public education when states should be repairing it.

Derek W. Black, Professor of Law, University of South Carolina

 --on Twitter @DerekWBlack

This article was originally published on The Conversation. Read the original article.

April 26, 2018 in Charters and Vouchers, School Funding, Teachers | Permalink | Comments (0)

Wednesday, April 25, 2018

Massachusetts Supreme Judicial Court Rejects Policy Ploy to Use Constitutional Right to Education to Eliminate Charter Cap

--image by Swampyank

Yesterday, the Massachusetts Supreme Judicial Court dismissed the attempt by charter school advocates to use the state's education clause to force more charters on the state.  This basic holding is, no doubt, reason to celebrate.  It is an enormous victory for those who support traditional public schools--or at least offers a huge sigh of relief.  The opinion, unfortunately, should also make us cry because it continues a troubling pattern of judicial disengagement on the right to education that began in 2005.

We should applaud the decision because it refused to allow policy dictate the outcome:


[E]ven if the plaintiffs had successfully stated a claim under the education clause, the specific relief that they seek would not be available. The education clause provides a right for all the Commonwealth's children to receive an adequate education, not a right to attend charter schools. The education clause provides a right for all the Commonwealth's children to receive an adequate education, not a right to attend charter schools. "[T]he education clause leaves the details of education policymaking to the Governor and the Legislature."

Thus, here, although the remedy the plaintiffs seek by way of this action, i.e., expanding access to charter schools, could potentially help address the plaintiffs' educational needs, other policy choices might do so as well, such as taking steps to improve lower-performing traditional public schools. There may be any number of equally effective options that also could address the plaintiffs' concerns; however, each would involve policy considerations that must be left to the Legislature.

This part of the Court’s decision is exactly in line with my analysis of Vergara v. California.  There, plaintiffs had attempted to use the education clause to argue that teacher tenure was unconstitutional.  The Court ultimately dismissed that case as well for much of the same reasons as the current Massachusetts case.

But this new decision should also make us cry.  Turning away this charter claim does not guarantee that the state will provide adequate educational opportunities to students in the public schools.  And this decision said nothing that would increase the pressure on the state to do so.  The Court wrote:

We agree with the plaintiffs that the education clause imposes an affirmative duty on the Commonwealth to provide a level of education in the public schools for the children there enrolled that qualifies as constitutionally "adequate." However, we conclude that . . . plaintiffs would need to plead facts suggesting not only that they have been deprived of an adequate education but also that the defendants have failed to fulfil their constitutionally prescribed duty to educate. . . .

To allege that the Commonwealth has failed to fulfil its duty to educate, plaintiffs must plead sufficient facts that, accepted as true, demonstrate that the Commonwealth's extant public education plan does not provide reasonable assurance of an opportunity for an adequate education to "all of its children, rich and poor, in every city and town," over a reasonable period of time, or is otherwise "arbitrary, nonresponsive, or irrational."

 I am working on a longer analysis, so stay tuned for an update to this one or a separate one all together.

 --on Twitter @DerekWBlack


April 25, 2018 in Charters and Vouchers | Permalink | Comments (0)

Tuesday, April 24, 2018

Two Maps of DC Charter Schools Tell It All: DC's Schools Are Separate and Unequal

These maps of Washington DC's schools and neighborhoods from Andre Perry's new piece at The Hechinger Report say it all.  The first map is color coded by wealth.  The darker the blue the wealthier the neighborhood.  The red stars are private schools and the yellow dots are charters.

I drew a line from the top of this diamond to the bottom.  What you see is incredible stark.  Except for one that straddles the line, all the city's charter schools are to the right of that line.  The city's wealthiest families are densely located to the left of the line.  And while there are certainly a number of private schools in the wealthy areas, there are actually more private schools to the right of the line than the left. 

To be clear, there is less land mass to the left.  But notice the dark blue neighborhoods to the far west.  They don't have a single private or charter school in them.  Look at the dark blue neighborhoods in the north, the only private schools there are on the periphery.

What does this tell us?  It tells us that wealthy neighborhoods in DC don't need alternatives to the public school system.  They are more than happy with the public schools.  Only low income students need alternatives.

To put it more bluntly: Charters are for poor kids.  And private schools are not even for wealthy kids when the public schools are good.

To summarize Julia Burdick-Will, school choice is not a privilege.  The real privilege is not even needing to choose a school.


DC 1


The next map swaps family income for race.  It is even more stark and you don't need the red line because the race line speaks for itself.  Light blue shading represents majority white neighborhoods.  The darker blues are majority to predominantly minority.  From this map, charters are only for neighborhoods of color. 

Charter proponents will say these charter schools are a reflection of the fact that public schools are not serving minority students well.  I would second the fact that public schools are not serving minorities well.  But it strikes me as extremely odd that the DC Public School system does not have an trouble serving white and wealthy families.   It is only minority students whom the system struggles to educate.

Rather than demand that DC public schools serve all of its students well, public policy has chopped up the city and turned it into one that is separate and unequal: Good public schools for those who live in majority white neighborhoods and a litany of alternatives to public schools for those who live in majority minority neighborhoods.  The litany of options, however, still don't add up to what kids on the other side of town have.

DC 2

 --on Twitter @DerekWBlack  


April 24, 2018 in Charters and Vouchers, Racial Integration and Diversity | Permalink | Comments (0)

Friday, April 13, 2018

Philadelphia's Effort to Exercise Minimal Oversight of Charters Draws Lawsuit; State and District Ought to Go Much Further

Philadelphia has taken some baby-steps to reign in charter schools.  Any such step, regardless of its merits, is sure to be met with stiff resistance from the charter industry.  According to local reports, "A nonprofit that supports charter schools filed suit Thursday against the Philadelphia School District, saying the school system’s new policy unfairly and illegally restricts charter-school operations."  It is challenging a policy that it says "will require charters to seek approval from the district for virtually all changes to their curriculum and imposes illegal enrollment caps."   Rather than a “neutral arbiter," the district is trying  “to micromanage their operations,” said Stephen DeMaura, executive director of Excellent Schools PA. He further adds, “we believe the main purpose is to restrict the operations and growth of charter schools, not improve the outcomes of children.”

Lest the average citizen take DeMaura or my word for it, looking at what the Commission actual did is the best thing to do.  The updated policy states:

Charters generally exist for a defined term of five years. During that charter term, changes in regulations, operation, ideology, or business need may cause a charter school to seek a formal amendment. The CSO will work with all charter schools expressing interest in a charter amendment, consistent with this policy, to meet the needs of the charter school and its students. Material charter amendments submitted during the charter term require authorization by SRC resolution and signed agreement. Such authorized or approved amendments become effective once a written amendment to the charter has been duly executed by the School District and the charter school. The CSO shall develop administrative procedures describing the application requirements and evaluation process to be followed in reviewing each type of Material charter amendment request consistent with this policy.

In short, in the normal course of seeking renewal of its charter, a charter school should let the district know of any material amendments to its operating plan.  The district will then evaluate those amendments.  In more everyday terms, the state and the charter have five year contracts.  When those contracts are up, let's talk about any new terms the charter wants to add.  Doesn't sound all that radical, but the devil is always in the detail.  What is a "material" change?  The updated policy says material amendments are:

Changes to charter agreements that fundamentally affect a charter school’s mission, governance, organizational structure, location or facility, educational plan or the CSO’s ability to effectively monitor charter school operations and quality. Material charter amendments include:

1. Enrollment expansion of 10% or fewer of the current maximum authorized enrollment or 100 seats, whichever is less (only qualified applicants as defined by eligibility criteria of this policy may be considered for enrollment expansions under this policy);
2. Change to grade levels served;
3. Significant change to mission, or fundamental change to educational plan;
4. Name change of Renaissance charter schools due to business-need or legal requirement ;
5. Change in building location or addition of new facility due to business-need, unavailability of current facility and/or emergency; and
6. Change in CMO [charter management organization].

Those don't sound that intrusive to me.  I have argued that if charter expansion is to occur consistent with state constitutional obligations, states must exercise--or authorize districts to exercise--far more oversight than this. Relying on basic state constitutional principles, I explain here that:

First, states cannot preference private choice programs over public education. This conclusion flows from the fact that most state constitutions mandate public education as a first-order right for their citizens. Second, choice programs cannot have the practical effect of impeding educational opportunities in public schools. Education clauses in state constitutions obligate states to provide adequate and equitable public schools. Any state policies that deny students those opportunities are unconstitutional. Choice policies that, for instance, reduce public funding for education, stratify opportunities, or intensify segregation fall in that category.

Preventing this problems requires data-driven analysis of funding, enrollments, demographics, and educational opportunity.  Philadelphia might be creeping into the charters' domain more than they have in the past, but they have far more to go.

--on Twitter: Ed Law Prof Blog @DerekWBlack

April 13, 2018 in Charters and Vouchers | Permalink | Comments (0)

Tuesday, April 3, 2018

Charter School Polls Show Increased Support, But They Are Asking the Wrong Question

Last year, polls of public support for charter schools dropped.  When asked whether they support “the formation of charter schools,” the percentage of people answering yes fell to an all-time low of 52 percent in 2017.  That was a whopping 13 percent lower than the year before.  Some attributed the drop Betsy DeVos's unpopularity and the NAACP's call for a moratorium on charters.  This year's poll, however, shows a 10 point jump.  Support for charters is now at 62 %, basically within the margin of error of the 2016 poll.  So were the 2017 results a polling error, a blip on the radar, or something else?

My opinion is that the polls are asking the wrong question to begin with.  The question is too general and decontextualized.  It is like asking whether Congress should authorize the President to invade Iraq following 9/11.  Most were willing to say yes but only on the assumption that weapons of mass destruction existed.  But far fewer supported authorization to invade regardless of the threat the country posed to US interests.

Do people support the creation of high quality charters that don't increase racial isolation or harm public schools?  Sure, why wouldn't they.  The problem is that data shows us those facts increasingly don't exist.  North Carolina, Minnesota, and New Jersey data reveal very troubling segregation trends.  National studies reveal that the vast majority of charters are no better than public schools and that there are more low performing charters than high performing ones.  Data also shows that communities that need the biggest improvements in education often have the worst charters.

Data also shows that the vast expansion of charters over the past decade closely correlates the the defunding of traditional public schools.  At the same time states were cutting public education budgets by 10 and 20%, they were doubling the enrollment in charters.

Charter policy does not have to be a zero sum game.  In theory, they can coexist with and complement traditional public education.  In practice, they haven't.

The problem with these polls is that they ask a theoretical question to people who haven't been informed of the reality.  

        --photo by Peter Southwood



April 3, 2018 in Charters and Vouchers | Permalink | Comments (1)

Monday, March 26, 2018

Charter Schools: Expanding Opportunity or Reinforcing Divides?

On Thursday, the Harvard Graduate School of Education will host a debate on charter schools.  Participants include Eva Moskowitz (Founder and CEO of Success Academy Charter Schools), Gerard Robinson (Executive Director of Center for Advancing Opportunity), Cornell William Brooks (Former President and CEO of NAACP), and myself (professor and commentator).  Mary West (Associate Professor of Education at Harvard) will moderate.

The debate will focus on charters' effects on equity and segregation.

Harvard will be live streaming the forum at the top of the homepage on the day of the forum and at .  After the event, the video will be at:   The forum Facebook Event invitation is:



March 26, 2018 in Charters and Vouchers | Permalink | Comments (0)

Thursday, March 22, 2018

New Report Shows Just How Bad Segregation in New Jersey's Charters Is--And Charters Are Still Growing

Mark Weber and Julia Sass Rubin have released a new report on charter growth and segregation in New Jersey.  As to growth, they find:
•In the 2017-18 school year, enrollment in New Jersey’s traditional and renaissance charter schools surpassed 53,000 students, accounting for 3.6% of the state’s publicly funded student population.
•Charter enrollment has more than tripled over the last decade.
•Almost half of all New Jersey school districts send students and funding to charter schools. The number of such districts has increased from 198 in 2007-08 to 273 in 2017-18. 
•In the 2017-18 school year, traditional and renaissance charter schools will receive an anticipated $750 million in funding from New Jersey’s school districts, more than four and a half times the $164 million transferred to charter schools a decade ago.
Their segregation finds, however, are what really caught my eye.  A decade ago the growth was small enough and the disparities muddled enough that charter school supporters could challenge claims that charters were exacerbating segregation.  Helen Ladd's work in North Carolina shows a clear cut racial segregation trend in North Carolina.  Weber and Rubin have been doing the same in New Jersey.  In a 2014 study, they examined Newark's schools and found that segregation and inequality between Newark’s traditional public schools and charters occur on multiple levels. African Americans were increasingly leaving for charters, while Latinos remained. The Latino population in charters was less than half of that of public schools, while African American enrollment in charters was 60% higher than in public schools. Charters were also enrolling significantly lower percentages of higher cost students than public schools. Charters’ low-income, English language learner, special education, and low-income populations were substantially smaller. In short, the type of segregation that would be decried if it was occurring within public schools was occurring between the traditional and charter sectors.
Their, 2018 update looks statewide and finds the same type of problems.  This charter, for instance, shows the difference in special education enrollments between charters and the school districts in which they reside.  in 2016-2017, special education enrollments are 60% higher in the traditional public schools than in charters.

Continue reading

March 22, 2018 in Charters and Vouchers, Racial Integration and Diversity | Permalink | Comments (0)

Tuesday, March 20, 2018

New Report Blisters North Carolina for Its School Segregation, Pointing to School Assignments and Charter School Growth As Problems

The North Carolina Justice Center has released a study of school segregation trends in the state over the last decade.  Its highest level findings include:

● The number of racially and economically isolated schools has increased
● Districts’ racial distribution is mixed, but economic segregation is on the rise
● Large school districts could be doing much more to integrate their schools
● School district boundaries are still used to maintain segregated school systems
● Charter schools tend to exacerbate segregation

The Center warns that things could get worse soon: "[I]n 2017, the General Assembly has created the Joint Legislative Study Committee on the Division of Local School Administrative Units, which many advocates fear is an attempt to begin the process of re-segregating urban school districts."

This chart shows the increase in the number and percentage of racially and socio-economically isolated schools in the state.  The increase in poverty concentration is the most staggering, nearly doubling.  While some of this increase is attributable to the fact that the percentage of poor students in the state increased by 23 percent, the increase in high poverty schools dwarfs that number.  In other words, school assignment and charter school policies are exacerbating the problem.


Continue reading

March 20, 2018 in Charters and Vouchers, Racial Integration and Diversity | Permalink | Comments (0)

Thursday, March 8, 2018

Voucher Programs: Are the Promises Realized?

The UCLA Civil Rights Project held a policy briefing at the U.S. Senate earlier this week on vouchers.  The briefing was to assess claims that vouchers will expand and equalize educational opportunities for disadvantaged students.  In addition to an empirical assessment of vouchers, the briefing "provide[d] guidelines for policy development that protect the rights of low-income students and students of color. Research findings will look at the civil rights implications of voucher programs and ask: do vouchers actually expand opportunity or undermine it?"

The briefing included presentations and papers by:

  • Jongyeon Ee on "Private Schools in American Education: A Small Sector Still Lagging in Diversity"
  • Mark Berends on "Lessons Learned from Indiana’s Choice Scholarship Program"
  • Mary Levy on "Washington, D.C.’s Opportunity Scholarship Program: Civil Rights Implications"
  • Preston Green on Private School Vouchers: Legal Challenges and Civil Rights Protections

Preston Green's paper (co-authored by Kevin Welner) offers some interesting insights.  He offers this summary:

The past fifteen years have seen an explosion of private school voucher programs. Half of US states now have some type of program that spends or otherwise subsidies private schooling. Yet most civil rights protections that students enjoy when they attend public schools do not follow them to private schools. Some state voucher laws include no protections or only the most basic protections against discrimination. Even the most protective laws include no safeguards against LGBTQ discrimination and no requirement of addressing the needs of students not fluent in English. Further, these laws contain few or no requirements that private schools meet the needs of students with disabilities, and many explicitly state that students waive their services and protections under the Individuals with Disabilities Education Act (IDEA) when choosing to use a voucher.

At a time when the Trump administration and many state policy-makers are pushing for additional growth of voucher policies, it is useful to consider how the shifting schooling landscape impacts such civil rights protections. The basic tendency in the development of voucher law and policy is to initially justify the subsidies in terms of the severe educational needs of students of color and students in poverty attending inferior public schools. As the policies develop, they increasingly move toward general subsidies for private schooling, including support for higher income groups and students who have never attended public schools.  Many of the state restrictions on funding nonpublic or religious institutions have been interpreted away by state courts. These trends call into question the ability of voucher programs to serve the vulnerable student populations for whom they were ostensibly created. 

In this report, we first detail the evolution of voucher policies, from their roots in the Jim Crow Era to their modern-day applications, including the rise of “neovoucher” programs. Next, we examine past legal challenges to vouchers, concluding that both state and federal constitutional challenges have had very limited success but that there likely remain some future legal impediments to voucher expansion. We discuss factors that may influence the legal justifications of vouchers, including the quality of education for students of color in voucher programs. Following this, we delve into some key policy issues that arise from this shift toward greater public funding of private schools, with a particular focus on civil rights concerns. We conclude with a set of recommendations, again focused on civil rights protections.

These recommendations include:

-Ensuring that state voucher laws include straightforward anti-discrimination provisions that require voucher-accepting private schools to avoid engaging in discrimination on the basis of race, religion, color, national origin, sex, disability, or sexual orientation

-Providing stronger protections for disabled students by requiring voucher-accepting private schools to comply with Section 504 of the 1973 Rehabilitation Act and the IDEA

-Securing better services for ESL students by requiring voucher-accepting private schools to comply with the Equal Education Opportunity Act of 1974

-Addressing barriers that impede access for low-income students, including lack of transportation, additional tuition charges beyond the value of the voucher, and private schools’ option not to participate in subsidized meal programs

The various papers are available for download here.


March 8, 2018 in Charters and Vouchers | Permalink | Comments (0)

Monday, February 26, 2018

Charter Schools: The New Separate-But-Equal?

Joseph Oluwole and Preston Green just posted a proactive new paper to ssrn: Are California's Charter Schools the New Separate-But-Equal "Schools of Excellence," or Are They Worse Than Plessy?.  "This article explains how charter schools provide California's black and Latino communities the opportunity to create modern separate-but-equal schools of excellence. However, they also pose a danger. Outside entities that prioritize financial gain are also seeking to offer charter schools to black and Latino communities. Unfettered charter school expansion spearheaded by these groups could further drain educational resources, thus creating a situation that would be even worse than Plessy v. Ferguson."  They conclude with this:

California’s black and Latino children are being educated in public schools that are both segregated and unequal. In that respect, their experience is similar to the one received by black students in the aftermath of the Plessy case. If handled correctly, charter schools could provide a tool for the state’s black and Latino children to create schools of excellence in this setting– just like in the separate-but-equal era. However, their unregulated nature could enable outside entities such as EMOs to create schools that drain resources from the traditional public-school systems, thus creating a situation that would be even worse than Plessy.

Because of this analysis of California’s charter schools, the authors suggest that states enact the following safeguards to protect black and Latino communities. First, states should only permit school districts to be charter school authorizers. As the resource-center debacle shows, authorizers that are not under the control of black and Latino communities might be more interested in financial gain than in serving the educational needs of the students whom they are serving. Second, states should seriously consider banning EMOs from operating charter schools because of this same concern. Finally, states should allow school districts to base chartering decisions on their economic impact to serve all of their students. Communities that serve black and Latino communities already have limited resources. California’s experience with charter school construction financing shows that if districts do not have the power to accept or reject charter schools, they might proliferate in ways that will further financially compromise these districts.

February 26, 2018 in Charters and Vouchers, Racial Integration and Diversity, School Funding | Permalink | Comments (0)

Wednesday, February 14, 2018

Feds Needs to Get Their Facts Straight and Stop Misleading the Public About Education Funding

In its summary of the White House's proposed budget, the Office of Management and Budget explained why the White House was making cuts to public education programs.  It wrote:

Quality education exists when parents have a voice in choosing their child’s K-12 schools and students have the tools they need to succeed. Decades of investments and billions of dollars in spending have shown that an increase in funding does not guarantee high-quality education. While the Budget reduces the overall Federal role in education, the Budget makes strategic investments to support and empower families and improve access to postsecondary education, ensuring a future of prosperity for all Americans.

On one level, misleading and inaccurate characterizations of this sort are to be expected of political actors with an agenda.  OMB works for the President, so one might argue this is fair game.  On the other hand, I, probably naively, have understood the OMB to be a professional institution or to play a professional role.  One of its jobs is to help prepare the budget for the President.  The other job is the harder one of assessing the effectiveness of programs.  Even if the first job--preparing the budget--is political rather than just an execution function, the second job is empirical and should be apolitical.  Are programs effective?  Are they financially and administratively efficient, achieving their goals, etc.?  Most of the reports from OMB are snoozers, even for the well-educated.  They get into the nuts and bolts of bureaucracy, regulations, and minute statutory provisions to assess whether they are working.

This second professional role is what makes the OMB's statement on education funding so outrageous.  To be fair, one can defend it as technically accurate if one rips it out of context and its plain implications.  It only says that money does not "guarantee high-quality education."  If that is all that it means to imply, it is accurate, but it has simply said the obvious and is wasting ink and internet bandwidth. 

Nothing guarantees high quality education--not new buildings, not the best teachers, not the most integrated schools.  In education, the question is whether, on average, a particular input strongly correlates with high quality education or improved student outcomes.  Quality teachers, for instance, matter a lot.  Would the OMB ever say that "quality teachers do not guarantee high quality education?"  While that statement might be technically correct in some respect, it is an outrageous statement because the implication of the statement is not really that teachers don't guarantee quality; the implication is that teachers don't matter.

The point of OMB's statement regarding school funding is to say that money does not matter in education.  This implication becomes even clearer in the context of the sentences that precede and follow it.  The first sentence is telling us the White House wants to spend money on choice because choice matters most.  The last sentence is telling us that it is cutting money from public education because, again, money does not matter in public education.

Both of these claims are outrageous and demonstrably false.  The research on the effect of funding increases and decreases on student outcomes is growing stronger by the day.  As I have repeatedly hammered in prior posts:

  • A research team lead by Kirabo Jackson published Do School Spending Cuts Matter? Evidence from the Great Recession.  They found "districts that faced large revenue cuts disproportionately reduced spending on non-core operations. However, they still reduced core operational spending to some extent. A 10 percent school spending cut reduced test scores by about 7.8 percent of a standard deviation. Moreover, a 10 percent spending reduction during all four high-school years was associated with 2.6 percentage points lower graduation rates.
  • A prior study by Kirabo Jackson, Rucker Johnson, and Claudia Persico looked at thirty years of data and found that a 20 percent increase in per-pupil spending each year for all 12 years of public school for children from poor families leads to about 0.9 more completed years of education, 25 percent higher earnings, and a 20 percentage-point reduction in the annual incidence of adult poverty; we find no effects for children from non-poor families. The magnitudes of these effects are sufficiently large to eliminate between two-thirds and all of the gaps in these adult outcomes between those raised in poor families and those raised in non-poor families. 
  • A Kansas legislative study found, with a 99% confidence level, "that the relationship between student performance and district spending was positive, i.e., that a 1% increase in student performance was associated with a .83% increase in spending. . . . 'Kansas students have made great academic strides ... largely due to the infusion of school funding.'”
  • Bruce Baker's review of all the prior studies on point reveals that "On average, aggregate measures of per-pupil spending are positively associated with improved or higher student outcomes. The size of this effect is larger in some studies than in others, and, in some cases, additional funding appears to matter more for some students than for others. Clearly, there are other factors that may moderate the influence of funding on student outcomes, such as how that money is spent. In other words, money must be spent wisely to yield benefits. But, on balance, in direct tests of the relationship between financial resources and student outcomes, money matters."

Thus, it is misleading, at best, to even suggest that money does not affect the quality of education. 

Even if you focus on the word "guarantee" in OMB's statement and concede that money does not guarantee high quality education, we have to be fair and then apply the same reading to the statements about choice.  The implication is that while money does not guarantee high quality education, choice does or choice is more likely to lead to high quality education.  Or we might say that funding does not guarantee quality education, but choice does.  This latter version is impossible to swallow.

If we are talking about the vouchers and charters that the White House wants to spend money on, the answer is that vouchers have not proven to be effective at all and charters have only proven effective in a relatively small percentage of schools.  Most charters perform no better or worse than their traditional public school counter parts. See herehere; here; and here.

This type of statements are to be expected from the current Secretary of Education, but it is troubling when an organization with OMB's mission a) wades into substantive matters it may know very little about and b) makes misleading, if not false statements, about facts that it should be objectively evaluating.


February 14, 2018 in Charters and Vouchers, School Funding | Permalink | Comments (0)

Monday, February 12, 2018

Education Under Siege or Transformation? Don't Let the Rhetoric Fool You

Two weeks ago, the Koch brothers hosted a retreat in Palm Springs to discuss their upcoming agenda.  Their Institute includes about 700 other groups and individuals who donate at least $100,000 per year to support their agenda.  They were also joined by the Governor of Arizona.  Public education appears to be their primary target for reform.  According to the Washington Post,

Changing the education system as we know it was a central focus of a three-day donor seminar. . . . “We’ve made more progress in the last five years than I had in the last 50,” Koch told donors during a cocktail reception. “The capabilities we have now can take us to a whole new level. … We want to increase the effectiveness of the network … by an order of magnitude. If we do that, we can change the trajectory of the country.”  . . . “The lowest hanging fruit for policy change in the United States today is K-12,” said Stacy Hock, a major Koch donor who has co-founded a group called Texans for Educational Opportunity. “I think this is the area that is most glaringly obvious.”

They plan to make their largest offensive in Arizona.  What would have been the largest voucher program in the nation recently failed there.  The legislature settled for a scaled down voucher program rather than one that had the capacity to voucherize the entire education system of the state.  In theory, the public education system could have disappeared over night.  In practice, many parents would probably forego the opportunity of a voucher, and the private system lacks the capacity to absorb everyone anyway, but the legislation would have laid the groundwork to change both.

Now, the Koch Institute is attempting to get a proposal on the November ballot and take the issue to the voters.  They believe they can convince them to voucherize education.  They have the Governor's support.  He said “This is a very real fight in my state. I didn’t run for governor to play small ball. I think this is an important idea.”

"Transformation" is an appealing concept in education, particularly in Arizona.  I would venture to guess that a strong majority in Arizona would like to see the education system transformed.  By most objective accounts, it is in shambles.  Arizona's per pupil funding for public schools currently ranks 47 out of 50 states.  It also ranks at the bottom of the nation in terms of equality between districts.  The Education Law Center's 2017 School Funding Fairness Report grades Arizona's funding distribution as an "F."  Arizona spends the least on students who need the most.  That same report also shows that Arizona is doing almost nothing to fix its low funding levels or unequal distribution.  Arizona ranks 49th in the nation in terms of the level of fiscal effort it exerts to fund its schools.  

The most mind-boggling data, however, comes from the Center on Budget and Policy Priorities (CBPP).  This past fall, it released a report showing that, after adjusting for inflation, school funding in Arizona is down 33.6 percent since 2008.  No one else is close.  The next largest cuts are in Florida.  Funding is down 22 percent there.  As I demonstrate here, the funding is down, in large part, because states like these made no attempt to assess what level of cuts education could sustain during the recession.  They simply hacked away at education, arguably using the Recession as an excuse to target education.  This thesis is only further strengthened by the fact that when tax revenues came back to Pre-Recession levels in 2012, they refused to replenish education funding.  They kept it at low levels, hence troubling numbers like those revealed by the CBPP.  Moreover, vouchers (and charters) did not see these types of cuts.  To the contrary, voucher and charter funding doubled, quadrupled, quintupled, and octupled in several states.

So does education need transformation in places like Arizona?  Absolutely.  But for the Koch Institute, transformation means preferencing choice, not improving public education.  

As I detail here, those who want to preference vouchers and charters have been able to capture public policy debates by focusing on the problems of public schools without offering any solutions.  When they do so, state constitutions may be the average students last line of defense.

February 12, 2018 in Charters and Vouchers, School Funding | Permalink | Comments (0)

Thursday, February 1, 2018

Data Is Building to Show That Charters Are Making North Carolina Schools More Segregated and More Unequal

Helen Ladd has followed her poignant charter school segregation study with a new one on the financial impacts of charters on the public school system.  Two years ago, she, Charles Clotfelter, and John Holbein released Growing Segmentation of the Charter School Sector in North Carolina.  They found that the state's charter schools were becoming increasingly white, while its charters were becoming increasing populated by students of color.  It was probably the most precise and impactful study on the topic of charter school segregation to date. 

I separately theorized that this particular demographic trend was occurring in North Carolina as a response to relatively high levels of integration in the public schools.  In other states, the typical charge is that charters are predominantly minority and more segregated than the traditional public schools.  While far from perfect, North Carolina's traditional public schools have tended to be some of the most integrated in the nation.  This is partly attributable to the fact that there are 100 counties in the state and only 102 or 103 school districts.  So those who object to integration cannot simply flee to a suburban district--at least not easily.

Charters schools potentially change that in North Carolina.  The so-to-speak dissenters can simply enroll in a local charter now.  This is not to say that all North Carolina charters play this role, but Ladd's work suggests that many do.

Her new study suggests that not only are these charters segregating education, they are draining funds from the regular public schools.  Her abstract states:

A significant criticism of the charter school movement is that funding for charter schools diverts money away from traditional public schools. As shown in prior work by Bifulco and Reback (2014) for two urban districts in New York, the magnitude of such adverse fiscal externalities depends in part on the nature of state and local funding policies. In this paper, we build on their approach to examine the fiscal effects of charter schools on both urban and non-urban school districts in North Carolina. We base our analysis on detailed balance sheet information for a sample of school districts that experienced significant charter entry since the statewide cap on charters was raised in 2011. This detailed budgetary information permits us to estimate a range of fiscal impacts using a variety of different assumptions. We find a large and negative fiscal impact from $500-$700 per pupil in our one urban school district and somewhat smaller, but still significant, fiscal externalities on the non-urban districts in our sample.

This study only adds fuel to theory I offer in Preferencing Choice: The Constitutional Limits.

February 1, 2018 in Charters and Vouchers, Racial Integration and Diversity, School Funding | Permalink | Comments (0)

Friday, December 8, 2017

The Strange Ideas Found in Voucher Schools' Textbooks Are a Problem Reaching Well Beyond Just the Students Learning Them

Huffington Post's study of the curriculum offerings in private schools that participate in state run voucher and tax credit programs has set the internet ablaze.  Huffington Post identified all of the private schools that receive voucher or tax credit funding--no small task. It then collected information on the textbooks those schools use.  The results were startling in many respects.  The study turned up books that promote some pretty sensational ideals: 

  • In the 1800s, Satan hatched “the ideas of evolution, socialism, Marxist-socialism (Communism), progressive education, and modern psychology” to counter America’s increased religiosity.
  • Women's right to vote and increased participation in the workforce coincided with women acting in increasingly anti-Christian ways, such was disobedience "to their own husbands.”
  • The books sympathize with the South in regard to the Civil War or “war between the states," as they phrase it, and while the acknowledge that slavery was likely a factor in the war, they emphasize other explanations.

These types of ideas were promoted in three particular textbooks/curriculums.  The charts below reveal the frequency with which voucher and tax credit schools use these textbooks.


The implications of the ideas that these books promote cannot be contained simply to the schools in which they are taught.  As I emphasized in 2013 in Charter Schools, Vouchers, and the Public Good,

Increasingly forgotten in these conversations [about school choice] is that the purpose of receiving an education, at least a public education, goes far beyond the teaching of information and skills and the interests of individual students. Public education includes the transmission of social values that lead to social cohesion and the overall betterment of society. Test scores tell us nothing of these values, and private markets are ill suited to deliver them. Whereas private markets respond to consumer preferences, public education seeks to create public preferences. Additionally, given the nature of the democratic values our public education seeks to promote, individually responsive education makes little sense. Public education entails the provision of common experiences under conditions consistent with equal protection, due process, free speech, and religious neutrality. A consumer-based system allows for too much educational variation and opens the door to individual biases that are contrary to public education.

Based on their track record thus far, charters and vouchers, on the whole, are not operating in furtherance of the public good. Rather than promote the public good, they tend to promote the individual good and operate in ways that actively undermine the public good. 

I further explain:

Consider, for instance, an individual-orientated education system that includes elements of school choice. Such a system potentially caters to antisocial behaviors by permitting students with shared antisocial values to choose to coalesce in particular schools or programs. Over the long term, this type of system would undermine social cohesion and counteract the effect of social pressures that might otherwise produce common values.

In contrast, many of the specific values a collective-based concept of education seeks to facilitate are those that mitigate and limit individuals' tendency to adopt antisocial or group mindsets and act on them. For instance, collective-based education promotes the individual's commitment to enhancing the public sphere and common good. Because individuals tend toward self-interest, collective-based education seeks to counteract the tendency toward self-serving interests and affirmatively promote the opposite. Unsurprisingly, collective-based education can generate significant controversy in promoting these values, as doing so only highlights the tension between competing concepts of the public good. Some theorists define the common good not as a society with an expansive public sphere but one with unfettered individual liberty. Collective-based education generally agrees that a core set of individual liberties must be protected, but collective education limits individualism at the point that it seriously threatens group interests.

This is not to say that collective-based education would deny individuals the freedom to adopt antisocial values. If our First Amendment jurisprudence teaches anything, it is that arriving at collective wisdom requires us to protect all individual's ideas, regardless of how repugnant we might find those ideas. And the Court has held that the same principles extend to public schools. Protecting individual freedom, however, is far different from requiring the state to adopt policies and structures that might facilitate and support antisocial values and behavior. At most, the state is obligated to allow individuals to opt out of the public system when their individual values are at odds with public values, but, even then, the state can place limits on the private pursuit of individual values when the private pursuits pose a significant threat to societal well being.

Thus, the irony in Huffington Post's findings is not only are these schools teaching ideas that are at odds with the justifications for providing public education, the public is actually funding these ideas.  Moreover, in doing so, these programs have the potential to undermine public education itself.  I argued in 2013 that these programs could not just further individual choice, but give private individuals the ability to dissent and, as a practical matter, veto larger public policy agendas.  For more, see the full article.

December 8, 2017 in Charters and Vouchers | Permalink | Comments (0)