Archives for the month of: April, 2022

Say this for Jeb Bush: he is not dissuaded by failure. No matter how many studies show the failure of vouchers, he doesn’t care. No matter how many studies show that charter schools do not get better results than public schools, he doesn’t care. No matter how many grifters have drained millions through privatization of schools, he doesn’t care. No matter how little evidence he has for any of his proposals, he still pushes them.

His ideas are old and tired and incoherent. But count on him to package them as fresh and innovative, which they are not.

He is the male counterpart to Betsy DeVos.

He just cares about destroying public schools.

He wrote recently in The Miami Herald:

Last month marked two years since the pandemic swept across the country, causing the largest disruption to our nation’s education system in modern history. But at last, this spring brings an academic revival of sorts. Schools are remaining open, mask mandates are disappearing and plexiglass dividers between students in their classrooms are coming down.

In the rush to return to normal, we owe it to our nation’s children to emerge from this pandemic transformed, not by going backwards, but ready to forge a better future for them with all we’ve learned.

Our starting point is challenging. Prior to the pandemic, America’s public schools were struggling to serve the needs of students, and since the pandemic, a study by McKinsey found students have fallen months behind as a result of school closures and disruptions. There were severe impacts on student mental health, too. Pew Charitable Trusts found students are reporting significantly increased levels of grief, anxiety and depression.

It’s also no surprise that there’s a growing distrust in public education. A survey by Ipsos found trust in teachers declined during the pandemic, and there’s been a subsequent decrease in the number of students enrolling in public school.

Those are serious setbacks, but there are reasons for optimism. The pandemic put a spotlight on a myriad of possibilities for the future of education. Notably, it illustrated a desperate need by families for a broadened ecosystem of options for their children, with funding flexibility to create more equity in choice. And it elevated the power of parents to blaze new educational pathways for their children.

The Associated Press recently reported that homeschooling remains a popular choice for parents, despite schools reopening. And, private schools and public charter schools have witnessed increased enrollment. But choice, in and of itself, isn’t enough. Policymakers must continue to seek new ways to unbundle education systems, transforming old approaches into new and better learning options.

In Indiana, lawmakers, led by House Speaker Todd Huston, took the first step toward creating the nation’s first “parent-teacher compact” law. This innovative policy would allow parents to directly hire teachers. Educators would continue to be paid by the state and receive their health and retirement benefits, but this policy would enable parents and educators to enter into a peer-to-peer relationship to benefit individual students, without the hurdle of a district middleman. This individualized approach to education would give educators more freedom, families more flexibility and individual students the personalized experience they may need.

As we unbundle education, we need to reimagine all aspects of how education is delivered to students. One approach is enacting new part-time enrollment policies. Right now, students are defined by the school in which they’re enrolled.

Lawmakers can improve the education experience by allowing students to have more flexibility, whereby a student can enroll in their local public school and easily access a portion of their education funding to also enroll part-time in a private school, with an online provider, or engage in another learning experience that benefits the child’s education.

Another approach that complements unbundling is rethinking education transportation options. Last year, Gov. Doug Ducey awarded $18 million in grants to modernize Arizona’s K-12 transportation system, including direct-to-family grants to help close transportation gaps. In Oklahoma this year, Gov. Kevin Stitt proposed changing Oklahoma’s school transportation funding formula to expand how public school buses can serve students. And Florida’s Legislature recently passed legislation to create a new $15 million transportation grant program that encourages districts to create innovate approaches to school transportation, including carpooling and ride sharing apps, for both school-of-choice families and traditional school students.

Those are just a few examples, and we must continually look for more ways to unbundle and reimagine education. The pandemic saw an explosion of families, in all communities and from all demographics, embrace micro schools, homeschooling and customized learning pods. Rather than trying to limit these families, we should give them access to direct funds to further personalize and benefit their child’s out-of-school learning experience.

That’s what Gov. Brad Little has championed in Idaho. In response to school closures in 2020, Little used federal emergency COVID relief funds to provide direct grants to families to support students who were no longer learning in school. And this year, Little signed the Empowering Parents Grant Program into law, giving qualifying families up to $3,000 to use for tutoring, educational material, digital devices or internet connectivity….

Transforming our nation’s education system and ensuring students receive the individualized experience to unlock potential and lifelong success require continual forward momentum, especially after two years of disruptions. We have to keep moving, keep reimagining, keep transforming. This commitment to excellence is a point of pride for Florida.

Last year, Florida’s Legislature passed some of the most significant improvements and expansions to the state’s school-choice programs. And this year, lawmakers strengthened the charter school law, expanded the Florida Empowerment scholarship program, created a new financial literacy requirement for high school graduates and ensured parents are better informed of their child’s progress through online diagnostic progress monitoring and end-of-year summative tests.

This Pied Piper plays a tune meant to deceive. Ignore him.

This just in:

FOR PLANNING PURPOSES
ADVISORY FOR THURSDAY, APRIL 28   

On-site Contact
Rosalina Cardenas 

C: 213-280-1144

E: rosalina@cardenasgroup.net


Follow Up ContactGlenn Goldstein

Organization & Field Services, AFT
C: 510-735-4815
E: ggoldste@aft.org

Charter educators to strike on Thursday, April 28, as management continues to deny right to unionize

Educators demand Alliance College-Ready Public Schools begin negotiations on the educators’ first contract after three years and multiple PERB violations

Educators at four Alliance College-Ready charter schools will be going on a one-day Unfair Labor Practice strike on Thursday, April 28, in response to the Alliance Board of Directors continued refusal to negotiate the educators’ first contract after multiple orders by the Public Employment Relations Board to bargain.

WHAT: One-day Unfair Labor Practice strike

WHEN & WHERE: Thursday, April 28, 2022

· MAIN EVENT (rally with speakers, followed by march) — 11:30 a.m.
2301 S Union Ave, Los Angeles, CA 90007 (MAP)

· Picketing starts at 7:15 a.m. Main picket location is Gertz-Merkin 6-12.
2023 S Union Ave, Los Angeles, CA 90007

WHO: Teachers, counselors, and education professionals from Alliance College-Ready charter schools, and rally speakers (below).

· Emcees: Brittany Cliffe and Erin Belefski (UTLA Alliance educators)

· Jamie Garcia, UTLA Alliance educator from Burton Tech High School

· Jackie Goldberg, LAUSD School Board Member District 5

· Gloria Santos & Manuela Chaidez, parents of Alliance students

· Ron Herrera, President of the LA County Federation of Labor

· Jeff Freitas, President of California Federation of Teachers

· Cecily Myart-Cruz, President of UTLA

VISUALS: Strike picket signs, banners, educators leafleting the community, rally, speakers, DJ, march after rally to school for afternoon picket.

A supermajority of educators at the four Alliance charter schools (Alliance Burton Tech, Alliance Gertz-Merkin, Alliance Leichtman Levine Family Foundation ESAT, and Alliance Morgan McKinzie High School) voted to unionize over three years ago with United Teachers Los Angeles (UTLA). Since that time educators have gone on multiple occasions to the Alliance Board of Directors to get the board to begin negotiations, but they have refused to bargain.

On February 28, 2022, the California Public Employment Relations Board (PERB) announced that Alliance College-Ready Public Schools is in violation of the Educational Employment Relations Act (EERA) for refusing to bargain with educators and once again ordered Alliance to negotiate.

However, the schools’ leadership have yet to meet with the educators to negotiate for their contract. 

Teachers, counselors, psychologists, and parents at the schools are coming together to ensure the highest quality of education at Alliance. Educators love their schools and students, and they believe that — through the collective voice that union membership and the bargaining process provides —  they can advocate for small class sizes, teacher and counselor recruitment and retention, health and safety, and a commitment to social, emotional, and educational support for students that will help build the schools Alliance students need and deserve.

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About Alliance Educators United

 

Alliance Educators United is a movement of dedicated and passionate teachers, counselors, and education professionals in the Alliance College-Ready Public Schools committed to fulfilling the mission and vision of a college-ready education for all Alliance students. We are forming a union with United Teachers Los Angeles (UTLA) to have a collective and effective voice in the decision-making processes at our Alliance schools.

 

About UTLA

 

United Teachers Los Angeles (UTLA) is 35,000 educators in Los Angeles dedicated to quality public education

Amber Phillips reported in The Washington Post that the Michigan Republican Party selected a Trump-chosen person for the role of Secretary of State—the official who oversees and certifies elections. She sounds like a true believer in conspiracy theories:

Until the 2020 election, secretaries of state — at least at the state level — worked mostly under the radar, overseeing state elections and certifying the results. But then an election in a pandemic, combined with efforts by the sitting president to call into question the results, suddenly made the job a politically charged one.

That’s still true for the 2022 midterm elections. Donald Trump and his allies have recruited, supported and endorsed candidates who have denied the results of the 2020 election to run for secretary of state in key swing states. That has election-integrity experts worried that people who haven’t recognized basic election facts could be in charge of deciding who wins the 2024 presidential contest.

In Michigan, one of those candidates just got nominated to be on the ballot in November. Kristina Karamo is one of the loudest provocateurs among a dozen or so secretary of state candidates running on false election-fraud claims. She has Trump’s endorsement.

This weekend, in a sign of how much the grass roots of the Republican Party is with Trump on election fraud, the Michigan GOP voted to nominate her. In addition to denying election results without evidence, she has called schools “government indoctrination camps,” opposes the teaching of evolution and opposes coronavirus vaccines and childhood vaccines.

Thinks Trump won in 2022: check.

Hates public schools: check.

Opposes teaching about evolution: check.

Opposes COVID vaccines: check.

Opposes all childhood vaccines (polio, measles, mumps, smallpox, diphtheria, etc.): check.

No one asked about the Easter Bunny and Santa Claus.

Wrap all those issues into one candidate and you gotta worry about the future of our democracy.

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Jan Resseger writes here about the continuing effects of racism on school funding today, not only in the south but across the nation. She cites the important writings of law professor Derek Black, whose work deeply informed her about the history of racism and how it persists today (I think that is called “critical race theory”).

She writes:

In a powerful new article, Legacy of Jim Crow Still Affects Funding for Public Schools, constitutional law professor, Derek Black and Axton Crolley expose the largely unexamined racist past of the kind of school funding inequity we observe today across many of the fifty states.

Derek Black’s Schoolhouse Burning is the best and most complex history of American public education I know. While the history of our public schools is generally traced back to New England and Horace Mann, Derek Black’s book examines progress toward equity in the South during Reconstruction, its reversal in the Jim Crow era, the corrections attempted during the Civil Rights Movement, and a period of reaction against the Brown v. Board of Education decision…

In their new article Black and Crolley describe how, after the collapse of Reconstruction, Southern states devised policies to perpetuate inequality: “Some… used ‘racially distinct tax’ policies that reserved separate funds for white and Black schools. Other states… moved school funding responsibility and control from state officials to local communities. Local officials could then ensure inequality without any specific law mandating it… (D)uring the Jim Crow era, localism became the tool to reverse… progress and equality. States increased reliance on local taxation, gave local white officials discretion over state funds, and constitutionally secured segregation. Some went so far as to craft color-coded funding systems where white taxes funded white schools exclusively… The development of Northern local school systems was historically distinct. Yet even in some Northern states, racial antagonism and concerns over segregation prompted pushes for local decision-making.”

The U.S. Supreme Court’s decision in Brown v. Board of Education was intended to address this long history of inequality, but there was a serious omission: “Nearly 70 years ago—in its Brown v. Board decision—the Supreme Court framed racial segregation as the cause of educational inequality… That framing rightly focused on segregation’s immediate horror—excluding students from schools based on the color of their skin—but obscured an important fact. In addition to requiring school segregation, many states also had long segregated school funding. Some had used ‘racially distinct tax’ policies that reserved separate funds for white and Black schools. Other states had moved school funding responsibility and control from state officials to local communities. Local officials could then ensure inequality without any specific law mandating it. Brown’s focus on physical segregation inadvertently left important and less obvious aspects of local funding inequality unchecked.

As she goes on to demonstrate, these issues perpetuate inequitable funding, based on residence and race. This is a crucial feature of systemic racism, a survival of Jim Crow that harms the education of children of color. Many states in the South and Midwest are passings laws to criminalize the study and knowledge of systemic racism. They fear the teaching the truth will make white students uncomfortable.

The Disney Corporation ended its silence on Governor DeSantis’ decision, with the legislature, to dissolve the special district the state created for the entertainment giant more than 50 years ago. Disney’s lawyers let the Governor know that taxpayers in nearby districts would have to pick up the costs of public services that Disney pays for, but also its bond debt of more than $1 billion.

DeSantis wanted to punish Disney for criticizing his moronic “Don’t Say Gay” bill. But Florida taxpayers will have to pay the price of the governor’s vengeance.

The Miami Herald reports the message from Disney’s lawyers.

As Florida legislators were rushing through passage of a bill to repeal the special district that governs Walt Disney World last week, they failed to notice an obscure provision in state law that says the state could not do what legislators were doing — unless the district’s bond debt was paid off.

Disney, however, noticed and quietly sent a note to its investors to show that it was confident the Legislature’s attempt to dissolve the special taxing district operating the 39-square mile parcel it owned in two counties violated the “pledge” the state made when it enacted the district in 1967, and therefore was not legal.

The result, Disney told its investors, is that it would continue to go about business as usual.

The statement, posted on the website of the Municipal Securities Rulemaking Board on April 21 by the Reedy Creek Improvement District, is the only public statement Disney has supplied since lawmakers unleashed their fury over the company’s vocal opposition to the “Parental Rights in Education” law, also known as the “don’t say gay” bill.

The statement, first reported by WESH 2, quotes the statute which says, in part, that the “State of Florida pledges…it will not limit or alter the rights of the District…until all such bonds together with interest thereon…are fully met and discharged…”

In essence, the state had a contractual obligation not to interfere with the district until the bond debt is paid off, said Jake Schumer, a municipal attorney in the Maitland law firm of Shepard, Smith, Kohlmyer & Hand, in an article for Bloomberg Tax posted on Tuesday and cited in a Law and Crime article.

The law passed by the Republican Legislature on a largely party-line vote, and signed into law by the Republican governor, either violates the contract clause of the Florida Constitution, or is incomplete, Schumer told the Herald/Times on Tuesday. If the Legislature wants to dismantle the Reedy Creek Improvement District, it has more work to do….

Schumer noted that the bill dissolving Reedy Creek doesn’t say what should happen to its debts, but another state law requires that by default the county assumes a district’s debt along with all of its assets when it is dissolved. “This means that theoretically, Orange and Osceola counties will inherit upward of $1 billion in bond debt,’’ he wrote in the Bloomberg Tax article….

When the state established the Reedy Creek Improvement District in 1967 as an independent taxing district controlled by Walt Disney World, it gave it the power to build roads, sewers and utilities as well as the authority to set its zoning laws, establish its police and fire departments, and regulate its construction. The district can borrow money by issuing bonds to pay for services and that infrastructure and, while Disney must also pay property taxes to Orange and Osceola counties, the state also allows the Reedy Creek Improvement District to tax itself. The current tax rate is three times higher than the maximum amount allowed by cities and counties, Schumer said….

The Orange County tax collector said:

“Orange County gets Reedy Creek’s assets, debts and obligations,’’ he said. But the cost of providing its services is $105 million a year and the cost of its debt services is $58 million a year and so if Reedy Creek is dissolved those assets and liabilities would be absorbed by Orange County’s $600 million budget, he said.

Taxpayers in Orange County won’t be thanking DeSantis for their new tax bills.

Read more at: https://www.miamiherald.com/news/politics-government/state-politics/article260783972.html#storylink=cpy

Gloria Nolan is a parent of children enrolled in St. Louis public schools. She recently joined the board of the Network for Public Education.

She wrote the following article, which was published in the St.Louis Post-Dispatch.

She begins:

For about three years I worked for an organization that was invested in growing the charter school movement locally and around the country. Thankfully, I moved on, and now I fully support charter school reform, such as the reforms included in the new regulations for the federal charter school program proposed by Secretary of Education Miguel Cardona. Here is why.

I fully began to realize what I was a part of during lunch when I had a chance to talk to the chief executive of The Opportunity Trust, Eric Scroggins. I rattled off a list of ideas I had for turning the public schools in the St. Louis district around.

That wouldn’t work, he responded. He said the objective was to burn the system down.

For Opportunity Trust and so-called reform movements like it, the key to school improvement is to replace public schools with charter schools, or public schools that act like charter schools. That is when I lost all faith in what charter proponents were selling.

And where do these charter schools go to get start-up and expansion funds? The federal Charter School Program…

The same special interest groups that promote organizations like The Opportunity Trust are fighting the very reasonable rules that [Secretary Miguel] Cardona has proposed to help clean up the mess. With a campaign of misinformation, the charter lobby led by the National Alliance for Public Charter Schools promotes the extreme right’s support for stopping the proposed regulations.

As a Black woman, I find it hard to believe any news outlet that promotes fearmongering about critical race theory and features an op-ed that criticizes the regulations because their frequent use of the words “diversity” and “racial” has the best interests of my children at heart…

The one regulation that the charter lobby objects to the most is the requirement to do an impact analysis to see if the school is needed or wanted by the community. Given that more than 40% of charter schools close within their first 10 years, an impact sounds like common sense to me. This particular regulation is also in line with the implementation of the City-Wide Planning Committee and its call for a moratorium on the opening of new schools. The guidelines here locally were met with strong opposition from The Opportunity Trust and its supporters.

I have been on the inside of the reform/charter school movement. Its ultimate objective is to destroy our public school system by replacing it with a system of charter and voucher schools. These new regulations will not stop that. I wish they were stronger. But at the very least they could help ensure that our federal tax dollars will be given to charter schools that have better intentions than many of the schools that are receiving Charter School Program grants now.

Randi Weingarten quoted Chris Rufo’s speech at Hillsdale College, where he called for school choice to break free of public schools, one of our democratically governed local institutions.

He threatened to sue her.

His first tweet: https://twitter.com/realchrisrufo/status/1518631508277297153

delete your false tweets and issue an official retraction—or I will unleash hell on you.

He’s complaining about tweets from Randi in this thread.

Here’s the entire speech from Rufo at Hillsdale – Video here

“For example, school choice– to get universal school choice, you really need to operate from a premise of universal public school distrust. Because in order for people to take significant action, they have to feel like they have something at stake.”

—- separately he lays out how to do this –

“And so what we’re seeing, I think, as the first step is a narrative and symbolic war against companies like Disney, for one example.

You have to be very aggressive. You have to fight on terms that you define. You have to create your own frame, your own language, and you have to be ruthless and brutal”

Randi has three things going for her:

1. She quoted Rufo’s words

2. The resources of the AFT.

3. The First Amendment

Go for it, Chris! No empty threats. Show your cards. Get woke.

Please read the letter from the Network for Public Education to the U.S. Department of Zeducation, supporting its proposed regulations for federal funding of charter schools.

The letter was signed by 96 organizations.

On behalf of the undersigned organizations, we submit the following response to the Department of Education’s request for comments related to the proposed priorities, requirements, definitions, and selection criteria of the Charter Schools Program (CSP). We commend the Department for proposing thoughtful and well-reasoned regulations that will end funding to start or expand charter schools managed in whole or substantially by for-profit organizations, provide greater supervision to the program, ensure that the charter school does not increase segregation and via impact analysis, demonstrate that the charter school is truly needed.

The Charter Schools Program (CSP) is a statutorily established grant program that began in 1994 with the purpose of expanding high-quality charter schools when charter schools were experimental and intended to supplement, not supplant, public schools. Since its modest beginnings, the program has expanded as has the charter school sector. The CSP has been responsible, in great part, for the expansion of the charter sector and therefore indirectly responsible for problems in the charter sector that include the frequent closures of charter schools, the drain on public school funding, and the fraud and mismanagement that is frequently reported in the press. We believe that your proposed regulations are a good first step in addressing those problems.

We the undersigned further believe that all charter schools, like public schools, must provide their students with a free education that guards students’ civil rights, provides a rich educational opportunity and protects their health and safety. Further, we believe that any school that is financed by the public must ensure that tax dollars are judiciously spent in compliance with the law. That means we support compliance with open meetings and public records laws; prohibitions against profiteering as enforced by conflict of interest, financial disclosure, and auditing requirements. We believe that all students deserve to be taught by teachers who have met state certification requirements in a classroom where they have an opportunity to engage with their teacher and their peers. We do not support virtual charter schools which are ineffective in meeting the academic and socio-emotional needs of students.

Eliminating CSP Funding to Charter Schools Managed by For-profit Corporations

We strongly support the proposed regulations to ensure that charter schools operated by for-profit corporations do not receive CSP grants.

The federal definition of a public school under IDEA and ESEA is “a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.” 20 U. S.C. §§ 1401(6) (IDEA), 7801(18) (ESEA) Similarly, the statutes define a “secondary school” as “a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law․” 20 U.S.C. §§ 1401(27) (IDEA), 7801(38) (ESEA).

Former for-profit entities have created non-profit facades that allow the for-profit and its related organizations to run and profit from the charter school, following the judgment of the Ninth Circuit Court of Appeals in Arizona State Bd. For Charter Schools v. U.S. Dept. of Educ. in 2006 (464 F.3d 1003).[i]

Ineffective provisions undermine the present regulations against the disbursement of funds from the federal Charter Schools Program (CSP) to charter schools operated by for-profit entities. We identified over 440 charter schools operated for profit that received grants totaling approximately $158 million between 2006 and 2017, including CSP grants to schools managed with for-profit sweeps contracts.[ii]

The relationship between a for-profit charter school management organization, commonly referred to as an EMO, is quite different from the relationship between a vendor who provides a single service. A school can sever a bus contract and still have a building, desks, curriculum, and teachers. However, in cases where charter schools have attempted to fire the for-profit operator, they find it impossible to do without destroying the schools in the process.

Many for-profit organizations operate by steering business to their for-profit-related entities. They are often located at the same address, and the owner of the management company or a member of the immediate family is the owner of the related entity. Therefore, it is recommended that wherever references to for-profit organizations appear, the phrase “and its related entities” is added.

Recommendations:

(a)   Each charter school receiving CSP funding must provide an assurance that it has not and will not enter into a contract with a for-profit management organization, including a non-profit management organization operated by or on behalf of a for-profit entity, under which the management organization and its related entities exercise(s) full or substantial administrative control over the charter school and, thereby, the CSP project.

Quality Control of Awards and the Importance of Meeting Community Need via Impact Analysis

We strongly support the proposed regulations that seek to bring greater transparency and better judgment to the process of awarding CSP grants. We especially support the inclusion of a community impact analysis.

We are pleased that “the community impact analysis must describe how the plan for the proposed charter school take into account the student demographics of the schools from which students are, or would be, drawn to attend the charter school,” and provide “evidence that demonstrates that the number of charter schools proposed to be opened, replicated, or expanded under the grant does not exceed the number of public schools needed to accommodate the demand in the community.”

More than one in four charter schools close by the end of year five.[iii] A foremost reason for both public school and charter closure and the disruption such closures bring to the lives of children is low enrollment, as seen this past month in Oakland.[iv] In New Orleans, school closures have resulted in children being forced to attend multiple schools during their elementary school years, often traveling long distances. Between 1999 and 2017, nearly one million children were displaced due to the closure of their schools, yet only nine states have significant caps to regulate charter growth.[v]

We applaud language that states, “The community impact analysis must also describe the steps the charter school has taken or will take to ensure that the proposed charter school would not hamper, delay, or in any manner negatively affect any desegregation efforts in the public school districts from which students are, or would be, drawn or in which the charter school is or would be located, including efforts to comply with a court order, statutory obligation, or voluntary efforts to create and maintain desegregated public schools…”

In some states, charter schools have been magnets for white flight from integrated schools.[vi] Other charter schools have attracted high achieving students while discouraging students with special needs from attending.[vii] And, as you know from the letter you received in June of 2021 from 67 public education advocacy and civil rights groups, the North Carolina SE CSP sub-grants were awarded to charter schools that actively exacerbated segregation, serving in some cases, as white flight academies[viii] The information requested by the Department is reasonable and will help reviewers make sound decisions.

In addition to our support for the proposed regulations, we have two additional recommendations to strengthen the impact analysis proposal.

Recommendations: (1) That impact analysis requirements include a profile of the students with disabilities and English Language Learners in the community along with an assurance that the applicant will provide the full range of services that meet the needs of students with disabilities and English Language Learners. (2) That applicants include a signed affidavit provided by district or state education department officials attesting to the accuracy of the information provided.

Regarding proposed rules regarding transparency, we note that in the past, schools were awarded grants without providing even one letter of support[ix], or provided false information indicating support that did not exist.[x]

We also strongly support the requirement state entities provide additional supervision of grants. The Department should require a forensic audit for any charter school applying for CSP consideration. Furthermore, any charter school that does not operate as a classroom-based entity or is operated by a for-profit entity should be barred from being awarded grant money under the CSP. We also believe these requirements can be strengthened by requiring review teams to include at least one reviewer representative from the district public school community and that applications be posted and easily accessible for the public to review and comment upon for a period of no less than 60 days before awarding decisions.

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Proposed Selection Criterion for CMO Grants

ESSA places the following restriction on grants awarded to State Entities: No State entity may receive a grant under this section for use in a State in which a State entity is currently using a grant received under this section. However, ESSA is silent regarding the awarding of grants to CMOs. This has resulted in CMOs having several active grants at the same time, with new grants being issued without proper inspection of the efficacy of former grants. For example, it has resulted in the IDEA charter CMO receiving six grants in a ten-year period totaling nearly $300 million.[xi] These grants occurred under a leadership structure that engaged in questionable practices, including the attempted yearly lease of a private jet,[xii] related-party transactions, and the rental of a luxury box at San Antonio Spurs games.[xiii]

IDEA received two awards, in 2019 and 2020, totaling more than $188 million even as the 2019 audit of the Inspector General found that IDEA submitted incomplete and inaccurate reports on three prior grants. The IG report also looked at a randomly selected sample of expenses and found that IDEA’s charges to the grants did not always include only allowable and adequately documented non-personnel expenses.

Recommendations:

That department regulations disallow the awarding of grants to any CMO currently using a grant received under the CMO program and that for any grant exceeding $25 million, the Department’s OIG conducts an audit before an additional grant is awarded.

We thank you for the time and thought that went into the proposed regulations.


[i] Arizona State Board for Charter Schools v. Department of Education. No. 05-17349 (9th Cir. 2006)

[ii] Burris, Carol and Darcie Cimarusti. (n.d.) Chartered for Profit: The Hidden World of Charter Schools Operated for Financial Gain. Network for Public Education. Retrieved on March 23, 2022 from   https://networkforpubliceducation.org/chartered-for-profit/

[iii] Burris, Carol and Pfleger, Ryan. (n.d.) Broken Promises: An Analysis of Charter School Closures from 1999-2017. Network for Public Education. Retrieved on March 23, 2022, from https://networkforpubliceducation.org/wp-content/uploads/2020/08/Broken-Promises-PDF.pdf

[iv] McBride, Ashley. (2022, February 9). “Oakland school board votes to close seven schools over the next two years.” The Oaklandside. Retrieved March 23, 2022, from https://oaklandside.org/2022/02/09/oakland-school-board-votes-to-close-seven-schools-over-the-next-two-years/

[v] Burris, Carol and Pfleger, Ryan. (n.d.) Broken Promises: An Analysis of Charter School Closures from 1999-2017. Network for Public Education. Retrieved on March 23, 2022, from https://networkforpubliceducation.org/wp-content/uploads/2020/08/Broken-Promises-PDF.pdf

[vi] Wilson, Erika K. (2019). “The New White Flight.” HeinOnline. Retrieved on March 23, 2022 from https://heinonline.org/HOL/LandingPage?handle=hein.journals/dukpup14&div=8&id=&page=

[vii] Mommandi, Wagma and Kevin Welner. (2021, September 10). School’s Choice: How Charter Schools Control Access and Shape Enrollment. Teachers College Press.

[viii] Letter to Secretary Cardona from 67 education and civil rights advocacy organizations. (2021, June 16). Retrieved on March 23, 2022, from https://networkforpubliceducation.org/wp-content/uploads/2021/07/Letter-to-Secretary-Cardona-re_-North-Carolina-grant-6.16.pdf.

[ix] Strauss, Valerie. (2020, December 3), How a soccer club won a 126 million dollar grant from Betsy Devos’s education department to open a charter school.  The Washington Post. Retrieved March 23, 2022, from https://www.washingtonpost.com/education/2020/12/03/how-soccer-club-won-126-million-grant-devoss-education-department-open-charter-school/

[x] Winerip, Michael. (2012, January, 8). Rejected three times, school may still open soon, and with a grant, too. The New York Times. Retrieved March 24, 2022, from https://www.nytimes.com/2012/01/09/education/hebrew-charter-school-in-new-jersey-has-grant-to-go-with-application.html.

[xi] Office of Elementary and Secondary Education (n.d.). “Charter Schools Program Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools (CMO Grants).” U.S. Department of Education. Retrieved on March 23, 2022, from https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-grants-for-replications-and-expansion-of-high-quality-charter-schools/

[xii] DeMatthews, David and David S. Knight. (2020, February 10). “Commentary: Private jets and Spurs tickets? Texas needs more charter school oversight.” My San Antonio. Retrieved on March 23, 2022, from https://www.mysanantonio.com/opinion/commentary/article/Commentary-Charter-school-backlash-shows-why-15045357.php

[xiii] Carpenter, Jacob. (2020, January 30). “After jet backlash, IDEA charter schools curbing more ‘hard to defend” spending.” My San Antonio. Retrieved on March 23, 2022, from https://www.mysanantonio.com/news/education/article/After-jet-backlash-IDEA-charter-schools-curbing-15019295.php

Our Co-Signers

  • Network for Public Education
  • National Education Association
  • Southern Poverty Law Center
  • National Black Caucus of State Legislators
  • Journey for Justice
  • AFSCME        
  • NCBCP/Black Women’s Roundtable
  • National Indian Education Association (NIEA)
  • In the Public Interest
  • Superintendent’s Roundtable
  • Advancement Project National Office
  • Education Deans for Justice and Equity (EDJE)
  • Education Law Center
  • Asian Pacific American Labor Alliance
  • Horace Mann League
  • Badass Teachers Association
  • The Democracy Collaborative
  • Advocates for Public Education Policy
  • Alliance for Philadelphia Public Schools
  • Alliance for Quality Education
  • Arizona Educators United
  • Arizonans for Charter School Accountability
  • California Teachers Association
  • Citizens for Public Schools
  • Class Size Matters
  • Close the Gap
  • Coalition for Equity in Public Schools
  • Colorado PTA
  • Democratic Public Education Caucus of Florida
  • Economic Opportunity Network
  • Education Voters of PA
  • Educators for Democratic Schools
  • El Paso Alliance for Just Schools
  • Empowering Pacific Islander Communities (EPIC)
  • First Focus on Children
  • Florida BATs
  • Florida Council of Churches
  • ­­­­Frey Evaluation
  • Hillsborough Public School Advocates
  • Indiana Coalition for Public Education
  • Indiana Coalition for Public Education – Monroe County
  • Jobs to Move America
  • Kentucky NAACP
  • Knox DSA
  • Long Beach Alliance for Clean Energy
  • MI Ed Justice
  • Michigan Education Association
  • Missouri Jobs with Justice
  • Moms and Dads Now Enduring Surrealistic Stupidity (#MADNESS)
  • Mon Valley Unemployed Committee
  • New Rochelle Federation of United School Employees (FUSE)
  • newCAP (New Community Action Pac)
  • North Carolina Justice Center
  • Northeast Indiana Friends of Public Education
  • Northwest Ohio Friends of Public Education
  • Oklahoma Parent Legislative Action Committee
  • Opt Out Georgia
  • Oregon BATs
  • Oregon Save Our Schools
  • Our Children/Our Schools
  • Parents Educating Parents Inc
  • Parents for Public Schools, Inc.
  • Parents for Public Schools, Milwaukee
  • Pastors for Florida Children
  • Pastors for Kentucky Children
  • Pastors for Tennessee Children
  • Pastors for Texas Children
  • Paterson Education Fund
  • PowerSwitch Action
  • Progressive Caucus of the North Carolina Democratic Party
  • Public Advocacy for Kids
  • Public Education Partners – Ohio
  • Public Schools First NC
  • Public Trust Alliance
  • Richmond for All
  • Rochester Coalition for Public Education
  • Saphron Initiative
  • Save Our Schools NJ (SOSNJ)
  • Schools and Communities United
  • Stand for Schools
  • Step Up Louisiana
  • STL Not for Sale
  • SUPPORT OUR SCHOOLS
  • Support Our Students
  • Tennessee BATs
  • Texas AFT
  • Texas Kids Can’t Wait!
  • United for Florida Children
  • United Methodist Advocates for Public Schools
  • Virginia BATs
  • Virginia Educators United
  • Virginia Public Education Partners
  • WA BATs
  • Wake NCAE
  • Washington Township Parent Council Network
  • Wear Red for Public Ed
  • Wellstone Democratic Renewal Club
  • Wisconsin Alliance for Public Schools/Wisconsin Public Education Network

The two most outspoken conservatives in Texas—Senator Ted Cruz and Governor Greg Abbott—are at odds in two races for the state legislature. Abbott is supporting the Republican incumbents. Cruz is supporting their challengers in the Republican primary.

The two grinches of the right are diverging because of one issue: school choice. Texas is already overrun with charter schools (mostly low-performing), but the legislature has opposed vouchers for private and religious schools for years.

“Sen. Cruz believes that school choice is the most important domestic issue in the country,” Cruz spokesperson Steve Guest said in a statement. “He doesn’t hesitate to endorse and support candidates in primaries that will fight for school choice across Texas.”

Some might think that climate change or the high cost of prescription drugs or high rates of child poverty was “the most important domestic issue in the country,” but not Senator Cruz.

His own children are enrolled at the elite St. John’s School in Houston, where tuition is about $30,000 annually. If Texas were to endorse vouchers, you can be sure that they wouldn’t be large enough for any student to attend St. John’s.

The broad concept of school choice is popular among Texas Republicans. In the March primary, 88% of voters approved of a ballot proposition that asked voters whether they agreed with the statement, “Texas parents and guardians should have the right to select schools, whether public or private, for their children, and the funding should follow the student.”

But the issue divides Republican lawmakers when it comes to school voucher programs, which would let parents use public money for private school education. Rural Republicans are often the most outspoken opponents, voicing concerns that such initiatives would hurt the public schools that are the lifeblood of their tightly knit communities.

The Texas House has long been a firewall against voucher proposals. During the last regular legislative session, the chamber voted 115-29 on a budget amendment to ban school vouchers, with a majority of Republicans siding with Democrats.

Our friends, Pastors for Texas Children, has led the fight against school choice, knowing that the vast majority of students in Texas are enrolled in underfunded public schools. PTC believes in separation of church and state, and they support public schools.

Conservatives used to be known as people resistant to radical change. In decades past, conservatives sought to conserve traditional institutions and make them better. That stance appealed to many Americans who were unsettled by radical ideas, opposed to big-box stores that would wipe out small-town America’s Main Street. Conservatives were also known for opposing government intrusion into personal decisions; what you did in your bedroom was your business, not the state’s. What you and your doctor decided was best for you was your decision, not the state’s.

Chris Rufo is the face of the New Conservatism, who wants to frighten the parents of America into tearing down traditional institutions, especially the public school that they and their family attended.

Rufo became well-known for creating a national panic about “critical race theory,” which he can’t define and doesn’t understand. But he seems to think that schools are controlled by racist pedagogues and sexual perverts. In his facile presentation at Hillsdale College, one of the most conservative institutions of higher education in the nation, he makes clear that America has fallen from its position as a great and holy nation to a slimepit of moral corruption.

He has two great Satans in his story: public schools and the Disney Corporation. The Disney Corporation, in his simple mind, is a haven for perverts and pedophiles, bent on corrupting the youth of the nation.

Rufo asserts, based on no discernible evidence, that the decline and fall of America can be traced to the failed revolution of 1968. The radicals lost, as Nixon was elected that year, but burrowed into the pedagogical and cultural institutions, quietly insinuating their sinister ideas about race and sex into the mainstream, as the nation slept. Rufo’s writings about “critical race theory,” which he claims is embedded in schools, diversity training in corporations, and everywhere else he looked, made him a star on Tucker Carlson’s show, an advisor to the Trump White House, and a fellow at the conservative Manhattan Institute. Benjamin Wallace-Wells wrote a profile of Rufo in The New Yorker and identified him as the man who invented the conflict over critical race theory, which before Rufo was a topic for discussion in law schools.

Before Rufo’s demonization of CRT, it was known among legal scholars as a debate about whether racism was fading away or whether it was systemic because it was structured into law and public policy. I had the personal pleasure of discussing these ideas in the mid-1980s with Derrick Bell, who is generally recognized as the founder of CRT. Bell was then at the Harvard Law School, after working as a lawyer for the NAACP Legal Defense Fund. He reached the conclusion that the Brown Decision of 1954 was inadequate to root out systematic racism.

At the time, I was a centrist in my politics and believed that racism was on its way out. Derrick disagreed. We spoke for hours, he invited me to present a paper at a conference he was organizing, which I did. Contrary to Rufo, I can attest that Derrick Bell was not a Marxist. He was not a radical. He wanted an America where people of different races and backgrounds had decent lives, unmarred by racial barriers. He was thoughtful, gentle, one of the kindest people I’ve ever known. He wanted America to be the land it professed to be. He was a great American.

Was 1968 the turning point, after which the radicals took over our culture and destroyed our founding ideals, as Rufo claims? No, it was not. I was there. He was born in 1984. He’s blowing smoke, making up a fairy-tale that he has spun into a narrative.

In 1968, I turned 30. I had very young children. I was not sympathetic to the hippies or the Weather Underground or the SDS. I hated the Vietnam War, but I was not part of any organized anti-war group. I believed in America and its institutions, and I was firmly opposed to those who wanted to tear them down, as the Left did then and as the Right does now. I worked in the Humphrey campaign in 1968 and organized an event in Manhattan—featuring John Kenneth Galbraith, Arthur Schlesinger Jr., and a long lineup of “liberals for Humphrey”— that was disrupted and ruined by pro-Vietnam Cong activists. That event, on the eve of the 1968 election, convinced me that Nixon would win. (While my event was disrupted, Nixon held a campaign rally a block away, at Madison Square Garden, that was not disrupted.)

1968 was the year that Dr. Martin Luther King, Jr. and Robert Kennedy were assassinated. It was a horrible, depressing year. America seemed to be falling apart.

Did the Weathermen and other radicals begin a long march through the institutions and eventually capture them? That’s ridiculous. Some became professors, but none became college presidents, to my knowledge. Many were ostracized. Some went to prison for violent crimes. Those who played an active political role in 1968 are in their 80s now, if they are alive.

Rufo’s solution to what he sees as the capture of our institutions by racists and pedophiles is surpringly simple: school choice. He hopes everyone will get public money to send their children to private and religious schools, to charter schools, or to home school them. If only we can destroy public schools, he suggests, we can restore America to the values of 1776.

Good old 1776, when most black people were slaves, women had no rights, and the aristocracy made all the decisions. They even enjoyed conjugal rights to use their young female slaves. Those were the good old days, in the very simple mind of Christopher Rufo.

Turning the clock back almost 250 years! Now that’s a radical idea.