Archives for category: Charter Schools

Carol Burris, executive director of the Network for Public Education, wrote in The Progressive about the role of the conservative Hoover Institution as a reliable advocate for charters, vouchers, and all kinds of school choice. (When I was a conservative, I was a Senior Fellow at Hoover.)

Burris writes:

One of the original intentions of creating charter schools was to improve student learning—which is why it’s telling that proponents of “school choice” now justify charter-school and school-voucher expansion by saying they are necessary to provide parents with options other than traditional public schools.

Choice for choice’s sake—originally a secondary rationale for charters—has become the go-to line of charter school proponents. Meanwhile, measures of academic performance have faded into the backgroundas a justification for school options. Nevertheless, for years, the question of whether or not charter schools academically out-perform traditional public schools has gnawed at the industry like an annoying uncle who insists on having the last word in every family debate.

The latest attempt to prove the supposed superiority of the charter industry comes from the Center for Research for Education Outcome, or CREDO, which has taken prior stabs at the question with results that were far from convincing.

“Remarkable” was how Margaret “Macke” Raymond, CREDO’s director and author described the results of CREDO’s latest national charter school study. Her enthusiasm was infectious. The Wall Street Journal’s editorial board proclaimed that CREDO’s new evidence showed charter schools are now “blowing away their traditional school competition.”

But despite the headlines that popped up in pro-charter media, the only thing “blown away” was the truth. Like prior national studies, CREDO’s latest report, “As a Matter of Fact: The National Charter School Study III,” shows tiny average differences between charter and public school students—0.011 standard deviations in math and 0.028 standard deviations in reading. These are differences so small that the Brookings Institution’s Tom Loveless once likened them to standing on a few sheets of paper to increase one’s height.

And CREDO knows it. The organization characterized nearly identical differences in their 2009 national study as inconsequential—referring to them as “meaningless,” “small,” and possibly derived from “measurement error.”

How could “meaningless” suddenly become “remarkable” once a tiny statistical tilt in outcomes favors charter schools? The answer lies in who runs CREDO, who funds it, and the methodological problems inherent in its reports.

We tackle these points in our new Network for Public Education report, “In Fact or Fallacy? An In-depth Critique of the CREDO 2023 National Report.” Here’s a brief summary.

Who runs CREDO?

Although reporters refer to CREDO at Stanford University or Stanford’s CREDO, the relationship between CREDO and the prestigious university is complicated.

CREDO is based in the conservative, pro-charter Hoover Institution, a private think tank on the Stanford University campus. The Hoover Institution governs and finances itself without oversight or control by the university. In fact, Hoover has a “long and fraught relationship” with Stanford’s faculty and students who have objected to its lack of diversity, controversial scholarship, and conservative ideology.

What all of these funders have in common is a vested interest in charter schools and—at least in Pearson’s case—profit.

Expanding school choice is a focus of the Hoover Institution. For example, in 2021, Hoover hosted Betsy DeVos in a stop on her book tour. Secretary DeVos was introduced and praised by Raymond, who, along with her role at CREDO, refers to herself as the education program director at Hoover in the video.

Please open the link and read the rest of the article.

The Network for Public Education sent out the following notice to its 350,000 members. Join NPE so you can be on our mailing list (no cost to join). The charter lobby wants your public school.

Dear Diane,In a rare moment of candor, Nina Rees, the President and CEO of the National Alliance for Public Charter Schools, said that her organization’s “personal goal” is to make all public schools “like charter schools” that would be “schools of choice.”

If Ms. Rees and her charter trade organization have their way:

  • Children would enter a lottery to attend their neighborhood school.
  • There would be an appointed private board, not an elected school board.
  • Teacher tenure and bargaining rights in most states would disappear.
  • The school could shut down based on test scores, enrollment, or even the private board’s whim. 25% of all charters shut down in their first 5 years
  • In most states, the school could be managed by a for-profit corporation.

All of the above are the characteristics of charter schools. Every district in the nation would be a New Orleans–where schools open and close, and citizens have no voice in school governance.

That is why NPE fights so hard each year to ensure that the National Alliance does not get the funding increases it lobbies for from the federal Charter School Programs (CSP). We are so pleased to share the good news below.

Teachers College Press released this description of recent research on school choice.

Does School Choice Mean Parents or Schools Do the Choosing?

Dr. Barbara Ferguson
Research on Reforms, Inc.


In their book on school choice, the authors ponder the question: “Does School Choice Mean Parents or Schools Do the Choosing?”

The book is published by Teachers College Press at Columbia University* and its authors, Wagma Mommandi and Kevin Welner, begin by citing the driving force behind school choice, which is to remove the “government monopoly on schools and let families choose the school for their children.”

But, through their decades of research, the authors conclude that “charter schools often play an outsize role in shaping enrollment.” They cite an assortment of practices that charter schools have implemented to deter the enrollment of certain groups of students. And they conclude, “even when parents are able to enroll their child in their preferred school of choice, academic requirements and disciplinary policies may prevent enrollment in subsequent years.”

These same conclusions were reached by Dr. Barbara Ferguson and published in her book: “Outcomes of the State Takeover of the New Orleans Schools” (2018). Dr. Ferguson uses the term “selective admission” for charter schools with enrollment practices that deter the enrollment of certain groups of students. The term “selective retention” is used for charter schools that have policies that prevent continued enrollment.

Charter schools are public schools, and they are supposed to be distinguished from the traditional public schools only by the governance structure. Charter schools are governed by private boards and traditional schools are governed by public boards. Yet, in New Orleans, the charter schools are allowed to enact admission and retention rules like those enacted by private schools..

“Selective Admission” allows charter schools to select the best and the brightest, and the wealthiest. Lycée Français charter school, in 2011-12, had a paid preschool program with a tuition of $4,570 and those preschool students gained automatic entry into the elementary charter school. They bypassed the lottery, which is required by federal law to be used when there are more applicants than spaces available in the school.

Benjamin Franklin, Lusher and Warren Easton were three successful magnet high schools that became charter schools and were allowed to keep their selective criteria for admission.“Selective Retention” allows charter schools to selectively remove underachieving and disruptive students:
• To continue their enrollment at Franklin and Lusher, students had to earn an overall 2.0 grade point average, and at Warren Easton an overall 1.5.

• At Hynes charter school: “Students with chronic attendance/tardy issues or with three or more suspensions will be ineligible to re-register.”

• At Mays charter school: “A student who misses ten or more consecutive days of school without notifying Mays Prep …is subject to being unenrolled at Mays Prep.”

• At Priestley charter school: “Students must maintain a 2.5 grade point average during the school year. Failure to do so will result in academic probation…and/or an invitation not to return the following year.”


• At Lake Forest Elementary charter school: “Failure to complete volunteer hours or participate in the mandatory fund raisers may result in loss of placement for your child.”This list can go on and on. The above information is taken from each school’s handbook and cited in Dr. Ferguson’s book.Perhaps the most egregious “Selective Retention” charter school scheme is expelling students for offenses for which they previously could not be expelled. Charter schools are allowed to develop their own rules for expulsion.


• At Miller-McCoy charter school, students can be expelled for “not attending tutoring, homework center…, misbehaving on the school bus, disrupting class….”


• At Arise Academy charter school, students can be expelled for “offenses, such as, disrespect, out of uniform, chewing gum…”


• At New Orleans College Prep charter school, students can be expelled “for repeated and fundamental disregard of school policies and procedures.”


• At Lafayette Academy charter school, students can be expelled for “unexcused or excessive absenteeism; cheating; failure to report to detention.”The list can go on and on. The above information is taken from each school’s handbook and cited in Dr. Ferguson’s book.

Charter schools not only developed their own rules for expulsion, but they could expel directly from the site level. Thus, a more tragic outcome was the aftermath of the expulsion. Previously, schools had to make a recommendation for expulsion to the district level. If the district office expelled the student, the district was then required to reassign the expelled student to another school. But charter schools were allowed to expel directly from the site level with no obligation to ensure that the student was re-enrolled in another school. Thus, the parents of the expelled student had to find another school which was almost impossible since charter schools can cap enrollment.

Constitutionally, each state has an obligation to educate all students to a given age which is established by the state. But that obligation is circumvented when no entity has the responsibility to ensure that a student expelled from a charter school is re-enrolled into another school. When the New Orleans School Board regained some control of the charter schools, they reversed the charter school site-level expulsion mandate, now requiring charter schools to recommend students for expulsion to the district office. If expelled, the district office then places the student into another school. However, two New Orleans high schools still retain language in their handbooks which state that they expel from the site level.

“Does school choice mean parents or schools do the choosing?” The Louisiana charter school law was intended for parents, especially parents of “at-risk” children and youth, to remove their students from “failing” schools and to choose a school with a higher rating. But the written law has not become the implemented law. New Orleans “at-risk” children and youth remain in the poorest performing schools.


________________________________Endnote:


*School’s Choice: How Charter Schools Control Access and Shape Their Enrollment (Teachers College Press, 2021) Authors: Wagma Mommandi and Kevin Welner.

Comments to bferguson@researchonreforms.orgResearch On Reforms Website

Whistleblower Marlon Ray was fired for complaining about lucrative contracts awarded by DC Public Schools to the Relay Graduate School of Education, which is the educational equivalent of a three-dollar bill. Ray was fired along with elementary school principal Dr. Carolyn Jackson-King, who refused to implement Relay’s “no-excuses” model in her school. She said it was racist. They are suing the district.

Yet Marlon Ray, the whistleblower, who is suing the city, somehow persuaded Mayor Muriel Bowser to proclaim July 30 as Whistleblower Appreciation Day, honoring people she fired! Including Marlon Ray.

On July 18, Marlon Ray, a DC Public School (DCPS) whistleblower, secured a Proclamation from D.C. Mayor Muriel Bowser designating July 30, 2023 as Whistleblower Appreciation Day.

The proclamation celebrates the origins of whistleblower law in the United States, commends whistleblowers who are often penalized for doing the right thing, and encourages D.C. government employees to know their rights to blow the whistle.

Ray’s case is a perfect example of why these efforts are so important. Fired alongside Ray was Carolyn Jackson-King, former principal of Lawrence E. Boone Elementary, who reported and protested the use of a teacher training program that discriminated against Black students. Ray and Principal Jackson-King, known to the community as “Dr. J-K,” had been highly respected administrators at Boone. Both are now suing DCPS for retaliation.

In 2017, DCPS contracted Relay Graduate School of Education to conduct staff training. Contrary to what the name implies, Relay is not in fact a graduate school. As Education historian Diane Ravitch explained, “[Relay] has no scholars, no researchers, no faculty other than charter teachers. It is a trade school for teaching tricks of test-taking and how to control black and brown children and teach them to obey orders without questioning.”

Relay supervised training and evaluation with 20 DCPS schools – mostly from schools in majority Black and low-income Wards 7 and 8. Jackson-King felt that Relay training contributed to the school-to-prison pipeline by militarizing schools and trying to strip educators and students of their agency.

“Kids have to sit a certain way, they have to look a certain way,” Jackson-King told NPR WAMU 88.5. “They cannot be who they are…Those are all the ways they teach you in prison — you have to walk in a straight line, hands behind your back, eyes forward…I just feel they attempted to control Black bodies.”

Another faculty member at Boone commented on the training asking, “Why should the Black and brown children be subjected to move a certain way or respond to certain commands? They’re not dogs. They’re kids.”

Early in the 2019-2020 school year, Jackson-King shared her concerns with Mary Ann Stinson, an instructional superintendent who began overseeing Boone in 2019. At the end of that year, Jackson-King received her lowest evaluation score in 30 years of teaching: a 2.75/4. She tried to appeal the score, but Stinson informed her that the score meant she would not be re-appointed as principal. She was fired.

Marlon Ray, a 20+ year DCPS employee and the former director of strategy and logistics at Boone, was one of the community members involved in protests after Jackson-King’s termination. He had also filed previous whistleblower complaints, including for the overpayment of Relay Training.

Ray was first retaliated against by Jackson-King’s replacement principal, who reprimanded him for participating in the peaceful protests. He became the only school employee required to work five full days a week in person at the height of the COVID-19 outbreak. Ultimately, Ray was let go in 2021 after being told his position was terminated for budgetary reasons. However, DCPS made a job posting to fill the same position just two months later.

In February 2022, Ray and Jackson-King filed suit against DCPS and the District of Columbia, alleging that DCPS violated the Whistleblower Protection Act and the D.C. Human Rights Act. They seek reinstatement of their jobs.

Both Ray and Jackson-King are prime examples of whistleblowers who risked their jobs in order to do their job correctly. These local heroes stood up for students who were subject to unjust and racist education policy, and who may not have had the information or the power to stand up for themselves.

This makes Mayor Bowser’s recognition of Whistleblower Appreciation Day all the more meaningful. Siri Nelson, Executive Director of the National Whistleblower Center (NWC), who received the mayor’s proclamation alongside Mr. Ray said that “local whistleblowers are critical to increasing governmental recognition of Whistleblower Appreciation Day.”

NWC hopes that the day will help government agencies – local and federal – change the culture of whistleblowing. Whistleblowers support government agencies in accomplishing their mission more effectively and holding them accountable to their own policies. It is therefore vital that they are protected and celebrated.

“This proclamation is the second of its kind,” Nelson noted. “Marlon Ray follows Jackie Garrick who received a similar proclamation from Florida’s Escambia County in 2022. NWC advocates for the permanent federal recognition of National Whistleblower Day and these proclamations show that change is within reach. I thank Marlon for taking this incredible action and look forward to celebrating him and Muriel Bowser’s proclamation on July 27th.”

Marlon Ray will speak at NWC’s National Whistleblower Day event on Capitol Hill on July 27, 2023. Those wishing to attend the in-person event can RSVP here: https://www.whistleblowers.org/national-whistleblower-day

Tom Ultican, retired teacher of physics and advanced mathematics in California, wrote a devastating critique of the latest CREDO charter school study, based on the analysis by the Network for Public Education.

He wrote:

The Center for Research on Education Outcomes (CREDO) just released another pro-charter school study, “CREDO also acknowledges the Walton Family Foundation and The City Fund for supporting this research.” It is not a study submitted for peer review and is so opaque that real scholars find the methodology and data sets difficult to understand. Carol Burris and her public school defenders at the Network for Public Education (NPE) have provided an in-depth critical review.

With the new CREDO study, Education Week’s Libby Stanford said that “charters have drastically improved, producing better reading and math scores than traditional public schools.’’ Rupert Murdoch’s Wall Street Journal declared charter schools are now “blowing away their traditional school competition.” Burris retorted with “despite the headlines, the only thing ‘blown away’ is the truth.

Putting a CREDO Thumb on the Scale

CREDO uses massive data sets, unavailable to other researchers, getting minuscule differences which are statistically significant. No one can check their work. They employ a unique and highly discredited statistical approach called “virtual twins” to compare public school with charter school testing outcomes. Instead of reporting the statistical results in standard deviations, CREDO uses their “crazy pants” days of learning scheme.

NPE discovered that the “blowing away” public school results amounted to 0.011 standard deviations in math and 0.028 standard deviations in reading. The minuscule difference is “significant statistically but is meaningless from a practical standpoint” according to CREDO. In a 2009 report showing public schools with a small advantage, CREDO declared, “Differences of the magnitude described here could arise simply from the measurement error in the state achievement tests that make up the growth score, so considerable caution is needed in the use of these results.”To give these almost non-existent differences more relevance, CREDO reports them as “days of learning”instead of standard deviation. “Days of learning” is a method unique to CREDO and generally not accepted by scholars. They claim charter school math students get 6 more “days of learning” and English students, 16 days.

Please open Tom Ultican’s post to see why he considers the CREDO report to be “sloppy science” and “unfounded propaganda.

Peter Greene, retired teacher, contributes regularly to Forbes, where he reaches an audience of non-educators. In this post, he writes about the Network for Public Education’s new report on the fundamentally flawed CREDO report on charters, which claimed to show that charters outperform public schools.

He writes:

Over the past two months, headlines have declared that charter schools are outperforming traditional public schools, based on a new study from the Center for Research on Education Outcomes (CREDO), but a critique from the Network for Public Education suggests that the results are being overblown.

CREDO is housed at Stanford University but appears to be associated primarily with the conservative Hoover Institute (also housed at Stanford), with large chunks of funding coming from the pro-charter Walton Family Foundation and City Fund.

CREDO’s report highlights differences between charters and traditional public schools in days of learning. But “days of learning” doesn’t actually mean days of learning. Instead, it’s a metric that CREDO invented back in a 2012 paper as a way of rendering standard deviations of test scores more accessible to the average reader. By dividing one standard deviation in tests scores by the 720 days between 4th grade and 8th grade tests.

So 0.01 standard deviation translates to 5.78 days of learning.

CREDO finds charters come out ahead by 16 days of learning for reading, and 6 days of learning for math. That translates 0.011 and 0.028 standard deviations over traditional public schools.

But is that a remarkable difference?

To answer that question, NPE turned to another CREDO report.

In reading, charter students, on average, realize a growth in learning that is .01 standard deviations less than their TPS counterparts. This small difference — less than 1 percent of a standard deviation — is significant statistically but is meaningless from a practical standpoint. Differences of the magnitude described here could arise simply from the measurement error in the state achievement tests that make up the growth score, so considerable caution is needed in the use of these results.

In math, the analysis shows that students in charter schools gain significantly less than their virtual twin. Charter students on average have learning gains that are .03 standard deviations smaller than their TPS peers. Unlike reading, the observed difference in average math gains is both significant and large enough to be meaningful. In both cases, however, the absolute size of the effect is small.

In other words, when a study found charter schools behind traditional public schools by that amount, CREDO found the effects “meaningless” and “small.”

NPE also faults the study’s Volume II for being selective in its choice of charter management organizations to include in the study. In particular, NPE notes, CREDO did not include Charter Schools USA, which operates nearly 100 schools, the Michigan-based Leona Group, which operates 58 schools, and Pearson’s Connection Academy, the second-largest national chain of on-line charter schools. Just these three chains of the several left out of the study would potentially have large effects on the results.

The report points out that CREDO methodology has been criticized by scholars in the past, and that CREDO research is generally not peer-reviewed. “CREDO’s report engaged in misleading reporting of its own findings but continues to use a flawed methodology, as scholars have repeatedly shown when reviewing prior CREDO reports,” argues NPE.

I reached out to CREDO for their response to the NPE report. If they reply, that will be added to this post.

Republicans in North Carolina hold a supermajority in the state’s General Assembly after a renegade Democrat announced she was switching parties. That legislator, Tricia Cotham, betrayed the people who voted for her, thinking she supported abortion rights and opposed vouchers. After switching sides, she voted to ban abortion and to support vouchers. With a supermajority, Republicans can and do override Democratic Governor Roy Cooper’s vetoes.

In their hatred for everything public, the Republicans voted to fund capital expenses of charter schools (even though they also are passing legislation by declaring that charter schools are not public schools). Notably, they also voted to allow low-performing charters to expand! Nothing equals funding failure!! Republicans want more kids in failing charters!

Democratic North Carolina Gov. Roy Cooper on Friday vetoed a Republican-backed bill that seeks to enable big changes to the state’s charter school system, likely setting up another override battle with the GOP-led General Assembly.

House Bill 219, the “Charter Schools Omnibus,” would remove a cap on enrollment growth at low-performing charter schools and allow charter schools to automatically add enrollment and grade levels over time without state approval.

It would also allow the schools to give preference to students in certain preschools. The law currently requires admissions to be done by lottery, not by preference. And it would allow charters to enroll and charge tuition for out-of-state and foreign exchange students.

The biggest change in the bill would allow charter schools to seek taxpayer money for capital expenses, such as construction, renovation or building purchases.

Currently, charter schools must secure and finance their own buildings. State and local taxes pay for the operating costs of charters, but not for their capital needs.

Counties would be authorized to raise taxes to generate the needed funds for charters but wouldn’t be required to do so.

Supporters of the bill say it would even the playing field between charters and traditional public schools, which are already fully funded by taxpayers.

But critics say there’s not enough funding available for traditional public school capital needs as it stands.

“This bill allowing more students to attend failing charter schools risks their education and their future,” Cooper said in a statement Friday.

He said the State Board of Education should maintain oversight of charter schools’ enrollment growth.

“Diverting local resources to build charter schools without clear authority on who owns them risks financial loss to county taxpayers who have no recourse,” Cooper said.

The measure passed both General Assembly chambers with full Republican support and at least one Democratic vote, so it’s a likely candidate for a veto override when lawmakers return to business in Raleigh on Aug. 7, along with five other veto overrides on their calendars.

It’s the 14th veto of the year for Cooper. Six are awaiting override votes. The previous eight have been overridden already.

Republican legislators don’t give a hoot about students or education. They keep their eyes on what matters: profit.

Curt Cardine, a veteran school administrator and researcher, has written frequently about Arizona Republicans’ efforts to privatize education.

Pathway Making Community Connections (MC2) Asset Management and Educational Consulting

Curtis J. Cardine MS Organizational Management, Leadership and Change

3873 E Cavalry Ct.

Gilbert, AZ 85297

603-209-0009 cjcardine@yahoo.com

 

Legislative Alert:

Recently the legislature requested the data on in-district “choices” and open enrollment data from districts other than the one that the child resides in.

The current way these placements from outside of your districts are “paid for” is that the child’s state dollars follow the child to their new district. This, of course, is not what it cost the receiving district to take on the out of district placement. This new “look” at how many parents take advantage of district choices is the prelude to an attempt to change how “choices” are funded.

I have been involved with the concept of school choice since my undergraduate days at University of Massachusetts at Salem. At that time I had the privilege of attending presentations by Dr. Ray Budd, the originator of the term, “Charter School” (UMass Amherst in 1973). Dr. Budd’s vision was locally controlled charters started by certified teachers with financial oversight by local school boards.

My district in NH was one of the ten school districts chosen to receive federal funding for five years for Public School Choice. At that time the federal government put up $180 M to fund “choice” of which $20 M went to school districts. The Department of Education managed this program for 5 years. The bias built into the first level of funding in 1999 was toward “Public privately owned, charter schools”.

Modifications of Dr. Budd’s vision by the charter industry and state legislatures have included:

• Private firms finances monitored by the school district, (California is an example)

• State Boards for Charter Schools or University oversight of finances and academic performance (Arizona Model)

In order to accommodate the ‘choice” of parents the first step in establishing “choice” was to create Open Enrollment. Arizona did this prior to initiating choice. The other first step was to declare the state to be a “Right to Work” state (first enacted in 1946 during the height of the effort by the federal government to fund other types of schools with federal funding).

As you know these steps preceded the establishment of privately owned charter schools in 1994. The antithesis of Dr. Budd’s model.

Through the efforts of “the Conservative Caucus” (state and national level) and ALEC (The American Legislative Exchange Council) and locally by the AZ Chamber of Commerce, The Goldwater Institute, and the Charter School Association charters, (followed by various scholarships, and now universal vouchers) have grown exponentially in this state.

Critical Analysis of this latest move by the “Conservative Caucus” and AZ Legislature

Why gather this data now?

This latest request for data on district choice is the next step in attempting to declare that district borders are not relevant. The data, which was recently shared in an AZ Administrator’s Association online presentation by Dr. Anabel, will show how many parents are choosing different schools than the one within their local schools’ boundaries and out of their district.

The “backpacks full of cash” theory of financing the myth of “choice” has always thought of local taxes as a method of funding ‘choice’. There has always been pushback to allowing this funding to “follow the child” whether it was to a charter or a private school.

It is the considered opinion of this researcher and experienced administrator that the next funding that the “choice” advocates will go after is through a state property tax replacing local and county taxes for education. This will be another blow for local control of education.

This new form of taxation for “all choices” needs to be fought from day one, i.e. before the legislature attempts to change things.

The lesson from the latest round of “universal vouchers” is indicative of the high cost to the state for this ‘choice” for people who were in private school already and paying, as they should, for their child’s education. The addition of home schooling to the voucher program and de-facto always in place at charter schools with online programs is creating an economic issue that this change in taxes will claim it is compensating for.

The state’s self-induced economic issue will be used to advocate for this change in taxation for “all choices”.

If you are receiving this notice it is because you have dealt with Pathway MC2 currently or in the recent past. Please feel free to share this with your colleagues.

Thank you for your time.

Curtis J. Cardine

Please feel free to contact me using the address and phone data in the header.

A North Carolina charter school has a rule requiring girls to wear skirts, as they did in the good old days. The courts said that if they are a public school, they can’t impose such a discriminatory rule. The school insisted it was “not a state actor” and not public. As matters stand, the school can’t force girls to wear skirts.

This is a dilemma. The national charter lobby has made a point of claiming that charters are public schools and are entitled to full public funding. They call themselves “public charter schools” to make the point. I have maintained for years that charter schools are not public schools because they don’t have an elected board, they are not accountable to anyone, they make up their own rules about admissions and discipline, etc.

But North Carolina legislators want to pass a law saying that charter schools are not public schools because the owner of the charter in question is a member of the rightwing elite. If he wants girls to wear skirts, they should wear skirts.

The Fayetteville (NC) Observer reported:

The courts told a charter school near Wilmington it is a public school, and it is unconstitutional for its dress code to make girls wear skirts instead of pants.

In short: If boys can wear pants, so can girls.

In response, North Carolina legislators are trying to pass a law that says taxpayer-funded charter schools are not “state actors” — and not subject to obeying the Constitution.

Following a court ruling that said it is unconstitutional for North Carolina’s taxpayer-funded charter schools to make girls wear skirts in school instead of pants, some North Carolina lawmakers want to exempt charter schools from respecting the Constitutional rights of their students.

They seek to pass a law that says, “Actions of a charter school shall be considered as actions of private nonprofit and not of a state actor.” This is despite laws and policies that since the 1990s have said charter schools are public schools.

The legislators’ effort follows court decisions in 2022 and 2023 in Peltier v. Charter Day School, Inc., a case from the Wilmington area that made international headlines. Judges said Charter Day School’s skirts-for-girls, pants-for-boys dress code violated the female students’ Constitutional right under the 14th Amendment to be treated the same as the male students.

https://www.expressnews.com/politics/article/laws-Texas-charter-school-profits-DRAW-Horizon-17723803.php

Just over two years ago, Universal Academy, a Texas charter school with two campuses in the Dallas area, made a surprising move.

In November 2020, a nonprofit foundation formed to support the school bought a luxury horse ranch and equestrian center from former ExxonMobil Chairman Rex Tillerson. The 12-building complex features a show barn “designed with Normandy-style cathedral ceilings,” a 120,000 square foot climate-controlled riding arena and a viewing pavilion with kitchen and bathrooms.

DRAW Academy, center, photographed Thursday, Jan. 19, 2023, in Houston.

RELATED: IDEA Public Schools signed $15M lease for luxury jet despite being under state investigation

Last summer the Texas Education Agency granted Universal Academy permission to create a new elementary campus on the horse property’s manicured grounds. It will offer students riding lessons, according to a brochure, for $9,500.

Sales prices aren’t public in Texas, but the 100-acre property had been listed for $12 million when Tillerson, who also served as secretary of state under former President Donald Trump, bought it in 2009. Because of the foundation’s nonprofit status and its plans to offer equine therapy, the parcel has been removed from the tax rolls.

School board President Janice Blackmon said Universal hopes to use the facility to start a 4H chapter and Western-style horsemanship training, among other programs that take advantage of its rural location. “We’re trying to broaden the students and connect them to their Texas roots,” she said.

Splashy purchases like the horse arena are receiving increasing public scrutiny as charter schools continue to expand aggressively across Texas. Under state law, charter schools are public schools — just owned and managed privately, unlike traditional school districts. 

An analysis by Hearst Newspapers found cases in which charter schools collected valuable real estate at great cost to taxpayers but with a tenuous connection to student learning. In others, administrators own the school facilities and have collected millions from charging rent to the same schools they run.

In Houston, the superintendent and founder of Diversity, Roots and Wings Academy,  or DRAW, owns or controls four facilities used by the school, allowing him to bill millions to schools he oversees. DRAW’s most recent financial report shows signed lease agreements to pay Fernando Donatti, the superintendent, and his companies more than $6.5 million through 2031.

In an email, superintendent Donetti at DRAW said the property transactions were ethical, in the best interest of DRAW’s students and properly reported to state regulators. He said his school was “lucky” he was able to purchase the property because of challenges charters can face finding proper facilities. DRAW Academy, center, photographed Thursday, Jan. 19, 2023, in Houston.Jon Shapley/Staff photographer

Also in the Houston area, at ComQuest Academy Charter High School, the superintendent and her husband also own the company to which the school pays rent.

And Accelerated Learning Academy, a charter school based in Houston, is still trying to get a tax exemption on one of the two condominiums it bought just over a decade ago in upscale neighborhoods in Houston and Dallas. The school claims it has used the condos for storage, despite a nearby 9,600 square foot facility.

The battles between school districts and charter networks have become increasingly pitched, as they are locked in a zero-sum battle for public dollars. 

Last year in Houston, about 45,000 students transferred from the ISD to charter schools, resulting in a loss to the district of a minimum of $276 million. That figure includes only the basic allotment received by the districts, excluding special education funding or other allotments.

In San Antonio, the two largest school districts are Northside ISD and North East ISD. More than 12,000 Northside students transferred to charter schools in the 2021-2022 school year, as did just under 8,000 from North East ISD. That means Northside lost at least $75 million, while North East lost $50 million, using the same basic allotment figures.

Each side cries foul about the other’s perceived advantages: charters are able to operate with less government and public scrutiny, while school districts benefit from zoning boards and can lean on a local tax base for financing. 

Georgina Perez, who served on the State Board of Education from 2017 until this year, noted arrangements such as these would never be permitted at traditional school districts.

“If it can’t be done in (school districts), they probably had a good reason to disallow it,” she said. “So why can it be done with privately managed charter franchises?” 

Lawmaker: ‘Sunshine’ is best cure

The largest charter network in Texas was a catalyst for the increased public scrutiny of charter school spending.

IDEA Public Schools faces state investigation for its spending habits, including purchases of luxury boxes at San Antonio Spurs games, lavish travel expenditures for executives, the acquisition of a boutique hotel in Cameron County for more than $1 million, plans to buy a $15 million private jet and other allegations of irresponsible or improper use of funds. The allegations date back to 2015 and led to the departure of top executives — including CEO and founder Tom Torkelson, who received a $900,000 severance payment.

Over the years lawmakers have steadily tightened rules for charter governance. A 2013 bill included provisions to strengthen nepotism rules; a 2021 law outlawed large severance payments. That bill was sponsored by Rep. Terry Canales, a South Texas Democrat whose district has some of the highest rates of charter school enrollment in the state. 

“There’s a lot of work to be done for the people of Texas when it comes to charter schools,” Canales said. “Sunshine is the best cure for corruption. And the reality is it seems to be sanctioned corruption in charter schools.”

Considering the increased scrutiny, “It’s a myth that charter schools today are unregulated,” said Joe Hoffer, a San Antonio attorney who works on behalf of many charter schools. “Every session, more and more laws get passed.” If anything, he said, charter schools often have to jump through more regulatory hoops than local schools.

Yet acquiring property remains a gray area.