Tuesday, December 2, 2014
Forbes magazine commissioned a study of the cost and benefits of the five big ideas for reforming education. The five big ideas will cost $6.2 trillion over 20 years and produce $225 trillion in additional gross domestic product. So what is the plan? Universal pre-k, teacher efficacy (attract, retain, and measure good teachers), school leadership (raise their salaries and give them the power to act like any other division head, including hiring and firing), blended learning (delivering rote information through technology and relying on teachers for value added instruction, which requires increasing computer and internet access), and common core curriculum.
Reduced to those headlines, it sounds simple. Reduced to the impressive financial spreadsheet, it sounds like a no brainer. To make sure, Forbes convened the top leaders from the four key constituent groups to ask whether the five big ideas are doable. The leaders were Arne Duncan, Governor Andrew Cuomo, Randi Weingarten, and D.C. public schools chancellor Kaya Henderson. They generally agree that the plan is doable.
Tuesday, November 25, 2014
At the beginning of the charter school experiment, charter school advocates touted their ability to provide a superior education at a lower cost than traditional public schools. Now, we are seeing the charter lobby abandon that claim and turn to the courts to demand equal funding for charter schools. In Texas, charter school advocates recently lost their claim for equal funding. In New York, charter school advocates have sued for equal facilities funding. In a ruling that may have wide ramifications, last week an Arizona appellate court affirmed a lower court's ruling that the differential funding systems for public and charter schools do not violate Arizona's constitution.
In Craven v. Huppenthal, parents of children in Arizona charter schools sued the state, claiming that Arizona's school funding scheme was unconstitutional because it caused "gross disparities between charter public schools and other public schools." The lower court had granted summary judgment in favor of the defendants, and defendant-intervenors the Arizona School Boards Association and Creighton Elementary School District No. 14. The plaintiff-parents appealed.
Friday, November 21, 2014
New Report Ranks Massachusetts Among the Worst for Racial Disparities in Discipline, and Its Charters Schools the Worst of the Worst
The Boston-based Lawyers' Committee for Civil Rights and Economic Justice has released a new report on school discipline in the state, Not Measuring Up: The State of School Discipline in Massachusetts. The report makes four major findings:
1. Massachusetts' students missed a minimum of 208,605 days in the classroom due to disciplinary removal. During the 2012-13 school year, Massachusetts’ public school students were suspended (in-school and out-of-school), expelled, and removed to an alternative setting a combined 128,599 times. These punishments resulted in at least 208,605 days - the equivalent of 1,160 students missing the entire school year - during which students were removed from their regular classrooms.
Angelica Jongco shared a new report from Public Advocates on forced parental work policies at charters yesterday. The report, Charging for Access: How California Charter Schools Exclude Vulnerable Students by Imposing Illegal Family Work Quotas,
researched 555 charter schools in California and found that almost one-third of them (30%) require parents to do work at the school for a set quota of hours. This practice is illegal under the California constitution and the Education Code. In our report, we expose the extent of the practice and explain why it is illegal. We have sent a demand letter to the California Department of Education and the State Board of Education urging them to take immediate steps to abolish the practice. At our online appendix, we provide a list of all the charter schools we found that have such a practice, with a link to their policy documents.
Thursday, November 13, 2014
The on-going spectacle surrounding the closure of Philadelphia's Walter D. Palmer Charter School highlights the challenges that states and school districts face when charter schools abruptly close. For Palmer, among other claims of financial mismanagement, the school was forced to close immediately this October when it enrolled 1,300 in grades K-12 although the Philadelphia school district was only required to reimburse Palmer for 675 students in grades K-8. Stories like Palmer's emergency closure stranding students during the school year are echoed around the country, but in isolation, those stories seem insignifcant and anecdotal. But as states begin to realize that they are not getting better academic outcomes if they saddle local public school districts with hundreds of extra students when a charter school closes abruptly, the laws authorizing charters and allowing them operate without significant oversight are being questioned this week in Florida (and more Florida here) and North Carolina. Education Week also reported last on Arizona's efforts to limit the damage when charter schools fail here.
Thursday, November 6, 2014
Michael Petrilli, of the Fordham Institute, has offered his post-election prognostication for education reform. He points out that, following the gains by Republicans in the 2010 midterm elections, we saw increases in teacher evaluation systems, the lifting of charter school caps, the expansion of voucher programs, and limitations on "last-in-first-out" teacher retention policies. He labels these changes positive education reform and predicts that this week's election results will spell more good news on these issues.
While I would contest the notion that these are all "good" reforms, I have little doubt that we will see more movement on these fronts. It, however, may not be as robust as 2010. Several important trends have developed since 2010 that may create more roadblocks or speed-bumps for these reforms. First, teachers have fired back with lawsuits in several states, challenging the constitutionality of certain teacher evaluation systems. In North Carolina, teachers won. In Florida, they stand a good chance of winning before the 11th Circuit. Teacher, of course, have lost in other places like Colorado. Overall, the results of the lawsuits will likely be mixed, but the represent an important concerted counter-force and demonstrate that some of these measures may be unconstitutional. Second, charter schools remain popular, but the increase in their number has also brought an increase in scandals and implosions. This has generated more conversation about the appropriate level of oversight state officials should exercise over charters. In some locations, it has led to moratoriums on the riskiest charters--online charters. Third, the aggressiveness with which the Department of Education has pushed these policies has eased considerably, particularly in regard to teacher evaluation systems, due to serious questions as to their validity. States like Utah and Florida have also pushed back and questioned the legal authority of the Department to compel reforms of this sort, absent new legislation at the federal level.
Tuesday, November 4, 2014
Thursday, October 23, 2014
Federal law prohibits the U.S. Department of Education from funding for-profit charter schools. See Arizona State Board for Charter Schools v. United States, 464 F.3d 1003 (9th Cir. 2006). Various state laws provide for the same. Thus, the holder of the charter for our nation's charter schools are non-profit organizations. The devil--if there is one--is in the details.
Last week, a Pro Publica article broke down the funding stream in a group of four North Carolina charter schools. They are all owned or chartered by a non-profit organization created by Baker Mitchell, a North Carolina businessmen, political advocate, and free-market adherent. Innocent enough. Numerous businessmen and women engage in philanthropic efforts on a routine basis. Many social movements and services would fail without their help. The rub is that close to half of the $55.7 million dollars in federal, state, and local money that these four charters have received over the past six years has gone to for-profit entities that Baker Mitchell owns or controls. His for-profit company, Roger Bacon Academy, manages the charters and its administrative functions. His other companies own the buildings, desks, computers, and supplies that the charters rent or buy. Moreover, the contracts between the non-profit and these service providers were procured not through a competitive bid process, but through what? Mitchell's school managers talking to Mitchell's property managers? It is altogether possible that Mitchell's businesses are cutting the schools a deal, that there is very little profit in the $19.6 million his companies have taken in, and we should be applauding his efforts. But on its face, the arrangement looks like an indirect means of achieving exactly what the federal and state governments purport to object to.
Friday, October 17, 2014
The Center for Budget and Policy Priorities does not frame it exactly the way I did in this post title, but its new report, Creating Opportunity for Children: How Housing Location Can Make a Difference, makes a strong case for housing vouchers as a method for increasing students' academic opportunities and outcomes. Housing vouchers change social and environmental factors, which are equally important in educational outcomes. Moreover, because taking advantage of them requires moving or, at least, has a geographic trigger, they more easily avoid one of the major charges against education vouchers, which is that they can become mechanisms for reducing educational costs for advantaged families that would have opted out of the local public school in any event.
Thursday, October 16, 2014
Forthcoming testimony for the Education Law Center suggests the answer is "no" to the question in this post's title. If that is the case, New Jersey may have revealed itself to be the prime example of inadequate governmental oversight of charters. Forget monitoring the education program and outcomes of a charter, the state has to first know it exists. The Center issued the following statement today:
NJ COULD HAVE OVER 130 CHARTER SCHOOLS, NOT 87
ELC Calls on Legislature to Investigate
Following the revelation by the Attorney General in a court hearing last week that New Jersey has many more charter schools than the 87 in the Department of Education's (DOE) official count, a preliminary investigation by Education Law Center shows that the number of operating charter schools is well over 100 and could exceed 130.
ELC will present this information today to the Senate Education Committee, which is holding a hearing on the status of New Jersey's charter school program.
ELC will testify to the Committee that it is impossible to know "exactly how many charter schools are now open in New Jersey districts. The DOE does not make this information public. All we know is that the DOE lists 87 charters on its website, a number the Attorney General concedes is not accurate. We also don't know how the DOE approved these additional charter schools, and whether they were authorized in compliance with existing law."
Tuesday, October 7, 2014
New Legal Scholarship: The Business of Charter Schools, NCLB Waivers, Expanding Vouchers, and Transgendered Student Legislation
The new issue of BYU's Education and Law Journal is out and includes the following articles:
Patrick J. Gallo, Jr., Reforming the "Business" of Charter Schools in Pennsylvania, 2014 B.Y.U. Educ. & L.J. 207 (2014).
Gallo addresses the current state of the charter school system in Pennsylvania and the need for reform. Summarizing some of the serious issues facing the charter system in Pennsylvania, the author states:
There are now more than 175 charter schools in Pennsylvania with over 105,000 students and approximately 44,000 more students on waiting lists. In addition, roughly 25 percent of the student population in the Philadelphia School District attend public charter schools. Moreover, government financed charter schools present a significant opportunity for profiteers looking to cash in on this modern day "gold rush," and, with very little oversight, Pennsylvania public charter schools have become fraught with "chicanery and greed . . . [,] excessive executive salaries . . . [,] nepotism, and [dubious] financial and real-estate transactions.
Thursday, October 2, 2014
Marianna Bettman shared this post from her blog:
“This case is bigger than just your client’s dispute with White Hat,” Chief Justice Maureen O’Connor said to counsel for the Schools, later commenting it was all about following the money.
On September 23, 2014, the Supreme Court of Ohio heard oral argument in the case of Hope Academy Broadway Campus, et. al. v. White Hat Management, LLC, et. al., 2013-2050. The literal issue in the case is who owns certain personal property bought with public funds for charter schools by its private management company, but the broader issue involves the accountability of a private management company for those public dollars. Judge John Wise of the Fifth District Court of Appeals sat for Justice O’Donnell, who recused himself from the case. Justices are not required to give any public reason for a recusal.
Tuesday, September 23, 2014
Similar Lawsuits Expected in Other States
On September 15, 2014, the Northeast Charter Schools Network (NECSN) and charter parents filed a lawsuit against the State of New York, seeking more taxpayer support for charter schools, specifically for facilities.
The lawsuit, Brown v. New York, which was filed in Buffalo, claims the funding system used by the State to allocate money to charter schools violates the state constitution. The plaintiffs argue that the state funding formula denies children enrolled in charter schools access to a "sound basic education," as required by the New York State Constitution. Additionally, they allege that the funding scheme has a disproportionate and discriminatory impact on minority students.
The parent plaintiffs are from Buffalo and Rochester and are represented by Herrick, Feinstein LLP, Park Avenue, New York, NY.
As reported in the Rochester City Newspaper, the Alliance for Quality Education, a statewide group that advocates for high quality public education for all New York students, issued a statement calling the suit a "deceptive PR stunt." "Despite the fact that public schools are severely underfunded, Wall Street-backed charter school groups continue to use aggressive propaganda to win more public school dollars," the statement asserts.
Monday, September 15, 2014
Yesterday, the Washington Post ran a story on the filth in Chicago's public schools. One principal charges that ever since the school system turned over its janitorial services to private contractors (a $340 million contract), his school has been inundated with roaches, rats, and garbage. Nearly half of the district's principals reported the same in a recent survey. Things may very well get worse. One of the contractors is set to lay off approximately 20% of the custodians currently on the project.
The story closely intersects with a point I made in a recent paper on what makes education public and how private markets fit into education. I distinguished between publicly funded education and public education. I also distinguished the various services that the government delivers, positing that some services entailed public missions and value judgments, and others did not. I noted, for instance, that garbage pickup involves relatively little value judgment and mission development, whereas education does. Thus, one might be less concerned about the outsourcing of the former, and more concerned about the latter.
Monday, September 8, 2014
Last year brought a spate of North Carolina cases involving charter schools claiming that local districts were denying them appropriate access to the districts' rainy day funds. The charters won and were able to immediately tap into funds that the districts had set aside for long term emergency. Apparently, the response of some districts was to reclassify funds to exempt them from the fund sharing statute implicated in prior cases. That reclassification of funds lead to another new case, Thomas Jefferson Classical Academy Charter School v. Cleveland County Board of Education, 2014 WL 4290557 (N.C. Ct. App. Sept. 2, 2014), in which the Thomas Jefferson charter school alleged that the school board "wrongfully moved approximately $4.9 million from the local current expense fund, which must be shared with the charter schools, to a 'special revenue fund,' which is not shared."
Thursday, September 4, 2014
Richard D. Kahlenberg and Halley Potter's new book, A Smarter Charter: Finding What Works for Charter Schools and Public Education, will release on September 12. The promotional materials offer this description:
Moving beyond the debate over whether or not charter schools should exist, A Smarter Charter wrestles with the question of what kind of charter schools we should encourage. The authors begin by tracing the evolution of charter schools from teacher union leader Albert Shanker’s original vision of giving teachers room to innovate while educating a diverse population of students, to today’s charter schools where the majority of teachers are not unionized and student segregation levels are even higher than in traditional public schools. In the second half of the book, the authors examine two key reforms currently seen in a small but growing number of charter schools—teacher voice and socioeconomic integration—that have the potential to improve performance and reshape the stereotypical image of what it means to be a charter school.
Wednesday, August 20, 2014
Education Law Center Calls on New Jersey to Assess Effect of Charters on Segregation and School Funding
The following is a repost of an Eduction Law Center press release:
In comments filed today, Education Law Center is calling on the NJ Department of Education (DOE) to issue rules requiring the State Education Commissioner to assess the impact of NJ charter schools on both student segregation and local school district budgets.
"The New Jersey Supreme Court has made clear the Commissioner's obligation to assess whether a proposed or operating charter school is causing student segregation or depriving district schools of necessary funding, both of which would violate the right of district students to a thorough and efficient education under our State Constitution, " said David Sciarra, ELC Executive Director.
"The State's failure to properly codify this obligation in the rules governing New Jersey's charter school program is a violation of constitutional law," Mr. Sciarra added.
In several rulings, most recently in December 2013, the NJ Supreme Court firmly established the responsibility of the State Commissioner to determine whether a proposed charter school would exacerbate racial segregation and/or deprive students in district-run schools of essential funding.
Monday, August 18, 2014
Four states--Michigan, Missouri, Ohio and Florida--have been particularly receptive to for-profit management companies running charter schools. In Michigan, nearly 80 percent of charters are run by for-profits. Many states prohibit for-profit companies from running charters. Many others fall in-between, neither encouraging nor discouraging for-profit management. This grey area comes from the fact that for-profit companies are generally ineligible to receive charters from states. A federal statute, for instance, heavily incentivizes states to adopt this approach, prohibiting charters owned by for-profits from receiving federal fund grants. But the non-profit charter in "grey-area" states is free to contract out services. Thus, while the non-profit receives the charter, it can pay a for-profit entity to run the school. I imagine, although I have not investigated, for-profit companies might directly set up non-profits, which can then receive the charter and pass on the work and money to the for-profit.
Thursday, August 7, 2014
The Journal of Law and Education's upcoming Fall issue includes a particularly timely set of articles dealing with the new era of teacher evaluation and the ethics of education leadership. The abstract for each is below. I cannot help but mention that this is the third article by Preston Green that I have posted in the last few weeks. Kudos to Professor Green
An Analysis of the Policy, Research, and Legal Issues Surrounding the Exclusion of Charter Schools from the Teacher Evaluation Revolution by Preston Green, John and Carla Klein Professor of Urban Education, University of Connecticut
Abstract: Analysts such as Diane Ravitch have pointed out that charter schools try “to have it both ways” by obtaining public funding under state constitutional law while having private school autonomy with respect to student and teacher rights. This article contributes to the national discussion by analyzing the legal and policy implications of exempting charter schools from the teacher evaluation policies that apply to traditional public schools.
Evaluating Evaluation: Assessing Massachusetts School Districts' Implementation of Educator Evaluation Requirements by Ranjini Govender Dowley, Policy and Government Affairs Director, Stand for Children Massachusetts
Tuesday, August 5, 2014
Preston Green, Bruce Baker and Joseph Oluwule have been very productive over the past year. They have another forthcoming article in Emory Law Journal titled Having it Both Ways: How Charter Schools Try to Obtain Funding of Public Schools and the Autonomy of Private Schools. For those following Bruce Baker or me on twitter, this new article provides depth to the discussion Bruce Baker and I had via twitter two weeks ago regarding an Arizona charter school that is purportedly promoting a mix of racism and religion through its history readings. Bruce had asked whether the First Amendment applied to them. I was quite certain it did, but per many of the issues raised in this new article, charters will make various arguments that it does not. The article abstract summarizes it as follows: