Archives for category: Charter Schools

Senator Tim Scott of South Carolina offered a resolution to overturn the Biden administration’s new regulations on federal funding of charter schools. The vote was 49-49, strictly on party lines. Even charter school supporters like Senator Cory Booker of New Jersey and Senator Michael Bennett of Colorado voted to sustain the new rules.

Every Republican voted to reject the rules. The charter lobby was not at all pleased.

The Network for Public Education has worked very hard to persuade the Department of Education and Congress to regulate the federal Charter Schools Program. When Betsy DeVos was Secretary of Education, there was no chance that the Department would try to regulate the $440 million handed out to new charter schools every year. The federal government was the single biggest contributor to new charter schools.

NPE published reports about the large number of charter schools that closed or never opened. It wrote about for-profit charters that were enjoying federal largesse. It drew attention to charter school scandals, including white flight academies subsidized by federal funds.

Not until the Biden administration took office did anyone in the Department take seriously its responsibility to oversee federal funding of charters.

What do the new regulations require? What did every single Republican Senator try to block? We’re they upset about the limits on for-profit operators? Or did they object to transparency and accountability for federally funded charters?

NPE executive director Carol Burris explained in this article published at Valerie Strauss’s Answer Sheet blog:

For those who have long advocated for overhauling the CSP program, here are the significant gains.

Schools managed by for-profits will have a difficult time securing CSP grants and, in some cases, will be excluded from funding.

If an applicant has or will have a contract with a for-profit management company (or a “nonprofit management organization operated by or on behalf of a for-profit entity”), they must provide extensive information, including a copy or description of the contract, comprehensive leadership personnel reporting and the identification of possible related party transactions. Real estate contracts must be reported, and “evergreen contracts” in which there is automatic contract renewal are prohibited.

The school cannot share legal, accounting or auditing services with the for-profit. The state entity that awards the grant must publish the for-profit management contract between the awardee and the school.
The final regulations also include the reporting and exposure of the for-profit’s related entities. The Network for Public Education recommended the addition of “related entities” in its comments to the department. Our report, “Chartered for Profit,” explains how for-profit owners create separate corporations with different names to mask the complete control of the for-profit over operations of the school.

Finally, the applicant must assure that “the [for-profit] management company does not exercise full or substantial control over the charter school,” thereby barring any charter school operated by a for-profit with a “sweeps contract” from obtaining CSP funds.

There will be greater transparency and accountability for charter schools, State Entities, and CMOs that apply for grants.

This is probably the most underreported win for those who support charter school reform.

Transparency gains include:

• An assurance that the grantee holds a public hearing on the proposed or expanded charter school. These hearings must be well advertised and include information on how the school will increase diversity and not promote segregation. Schools are obligated to reach out to the community to encourage attendance and then provide a summary of the hearing as part of the application. These public hearings are required of direct grantees and subgrantees — both SE and CMO.
• The publication of for-profit management contracts.
• The publication of the names of awardee schools and their peer-reviewed applications by states and CMOs.
• A requirement that the school publish information for prospective parents, including fees, uniform requirements, disciplinary practices, transportation plans, and whether the school participates in the national free or reduced-price lunch program.

Accountability gains include:

• More substantial supervision by state entities of the schools that are awarded grants, including in-depth descriptions of how they will review applications, the peer review process they will use, and how they will select grantees for in-depth monitoring.
• Restrictions regarding the spending of grants by unauthorized schools. Charter schools not yet approved by an authorizer will be eligible to use planning grant funds; however, they cannot dip into any implementation funds until they are approved and have secured a facility. This new regulation will limit, though not prevent, all funding that goes to charter schools that never open.

Regulations to stop White-flight charters from receiving CSP funding and ensure the charter is needed in the community.

The final regulations are good, but not as strong as initially proposed.
One of the more controversial aspects of the new regulations was the need for the school to conduct a community impact analysis. The charter lobby focused on one example by which a school could show need (district over-enrollment) and used it as a rallying cry to garner opposition to the regulations. In the new regulations, the department clarifies that there are other ways to demonstrate need, including wait lists and offering a unique program. It also eliminated the need for the applicant to provide a district enrollment projection.

The community impact analysis is now called a needs analysis. That analysis must include evidence of community desire for the school; documentation of the school’s enrollment projection and how it was derived; a comparison of the demographics of the school with the area where the students are likely to be drawn; the projected impact of the school on racial and socio-economic district diversity; and an assurance that the school would not “hamper, delay or negatively affect” district desegregation efforts. Applicants would also have to submit their plan to ensure that the charter school does not increase racial segregation and isolation in the school district from which the charter would draw its students.

The department went to great pains to reassure applicants that schools in racially isolated districts would not need to show diversity (this straw man argument had been used by the charter lobby and even some editorial boards to fight the regulations, although the original rules had made that clear). Those schools that are unlikely to be diverse due to the school’s special mission would also have to submit an explanation.
Still, there are some concerns about unintended consequences of the regulations.

With the additional caveat regarding “special mission,” the department is trying to preserve grants to schools that are themed to promote, for example, Native American culture in an area where Native American students are a minority population in the district. That is understandable.
However, White-flight charter schools could skirt the regulation by arguing that their mission is to provide a Eurocentric, classical curriculum.

For example, charter schools opened by Hillsdale College — a small Christian college in Michigan that promotes a “classical” curriculum — are disproportionately White. These schools could claim that their mission appeals to students with European backgrounds and that the strong “anti-CRT” message in their “1776 curriculum” does not appeal to Black families. Although Hillsdale College does not take federal funds, Hillsdale charter schools do. We have identified nearly $7 million awarded to Hillsdale member charter schools up to April 2021. Newer schools have likely secured CSP grants as well.

Priority 2 — which encouraged charter/public school cooperation — was retained but categorized as “invitational” for the 2022 cycle.
The second straw man argument the National Alliance for Public Charters used to fuel their #backoff campaign on the regulations was the claim that charter/public school district cooperative projects were required. They were not. They were a priority, and priorities can be mandated, competitive (assigned a few points), or invitational (looked up favorably but no point value).

As I explained here, it is rare for a priority to be mandated. For example, of the six priorities for the 2022 State Entities grants, only one is required, which is that authorizers use best practices. The department now makes it clear that it is unlikely that charter/district cooperative activity will ever be a mandated priority while leaving the door open to it becoming a competitive priority after the 2022 award cycle.

All regulations, priorities and assurances go into effect for this 2022 grant cycle with one exception: Developer grant applicants, a small program in which individual schools apply, do not have to submit a needs analysis in 2022 only. That is because applications are due shortly.

Summary

Since 2019 when the Network for Public Education issued its reports on the federal Charter School Program, the program has come under increased congressional scrutiny. We have followed up by submitting letters to the department, often co-signed by other groups, demanding reform and exposing abuses of the program.

These new regulations are an essential first step in making sure that fewer tax dollars go to schools that never open, schools that quickly close, and for-profit operators. Unscrupulous individuals who used the program for their enrichment will find it more difficult to do so. State Entities that have pushed money out the door will now be forced to provide more oversight and supervision. And so they should. State Entities get 10 percent of every grant, representing millions of federal dollars, to use for such supervision.

We do not doubt that some applicants will still provide false information, as we found time and time again, but now as all peer-reviewed applications go online, groups such as ours will serve as watchdogs and report falsehoods and misrepresentations to the Office of the Inspector General.

And for all of the charter schools that are fronts for for-profit organizations, the Education Department just put a big sign on the door that says “you need not apply.”

The Texas Public Policy Foundation was established in 1989 by wealthy Texans to promote charter schools. The charter lobby in Texas has succeeded beyond its wildest dreams in writing laws that favor the expansion of charter chains and shield them from accountability. Although it still pushes charter schools, the TPPF has turned its attention to fighting anything that threatens the dominance of the fossil fuel industry. The New York Times published a major exposé of the organization, its goals, and its funders: the oil and gas industry

When a lawsuit was filed to block the nation’s first major offshore wind farm off the Massachusetts coast, it appeared to be a straightforward clash between those who earn their living from the sea and others who would install turbines and underwater cables that could interfere with the harvesting of squid, fluke and other fish.

The fishing companies challenging federal permits for the Vineyard Wind project were from the Bay State as well as Rhode Island and New York, and a video made by the opponents featured a bearded fisherman with a distinct New England accent.

But the financial muscle behind the fight originated thousands of miles from the Atlantic Ocean, in dusty oil country. The group bankrolling the lawsuit filed last year was the Texas Public Policy Foundation, an Austin-based nonprofit organization backed by oil and gas companies and Republican donors.

With influence campaigns, legal action and model legislation, the group is promoting fossil fuels and trying to stall the American economy’s transition toward renewable energy. It is upfront about its opposition to Vineyard Wind and other renewable energy projects, making no apologies for its advocacy work….

In Arizona, the Texas Public Policy Foundation campaigned to keep open one of the biggest coal-fired power plants in the West. In Colorado, it called for looser restrictions on hydraulic fracturing, or fracking. And in Texas, the group crafted the first so-called “energy boycott” law to punish financial institutions that want to scale back their investments in fossil fuel projects, legislation adopted by four other states.

At the same time, the Texas Public Policy Foundation has spread misinformation about climate science. With YouTube videos, regular appearances on Fox and Friends, and social media campaigns, the group’s executives have sought to convince lawmakers and the public that a transition away from oil, gas and coal would harm Americans.

They have frequently seized on current events to promote dubious narratives, pinning high gasoline prices on President Biden’s climate policies (economists say that’s not the driver) or claiming the 2021 winter blackout in Texas was the result of unreliable wind energy (it wasn’t).

They travel the nation encouraging state lawmakers to punish companies that try to reduce carbon emissions. And through an initiative called Life:Powered, the group makes what it calls “the moral case for fossil fuels,” which holds that American prosperity is rooted in an economy based on oil, gas and coal and that poor communities and developing nations deserve the same opportunities to grow….

James Leininger, who earned a fortune selling medical beds, founded Texas Public Policy Foundation in 1989 to promote charter schools. As it evolved, the organization embraced other causes including criminal justice, immigration, border security, taxes, and energy.

Mr. Leininger bankrolled Rick Perry’s successful gubernatorial campaign in 2000, and Mr. Perry reciprocated by donating the proceeds of his 2010 book, “Fed Up! Our Fight to Save America from Washington,” to the group. Other wealthy conservative donors began writing checks, including Tim Dunn, an oilman who is the vice chairman of the board.

Billionaire Tim Dunn is a major supporter of charters and vouchers. He is an evangelical Christian who wants students to have a Christian education. According to CNN, Dunn and his pal, fellow billionaire Farris Wilks, are focused on transforming education: “their ultimate goal is to replace public education with private, Christian schooling.”

When President Donald J. Trump tapped Mr. Perry in 2017 to serve as energy secretary, the group followed him to Washington, opening an office there and placing several senior officials inside the administration.

Mr. Trump nominated Kathleen Hartnett White, a fellow at the foundation, to lead the Council on Environmental Quality. Ms. White, who had once described believing in global warming as “a kind of paganism,” stumbled at a confirmation hearing, and the White House withdrew her nomination.

Susan Combs, another fellow at the group, became acting assistant secretary of fish, wildlife and parks at the Department of the Interior. Brooke Rollins, chief executive of the foundation, went to work at the White House.

Bernard McNamee, a onetime policy adviser to Senator Ted Cruz, the Texas Republican, joined the Department of Energy under Mr. Perry, then left for the Texas Public Policy Foundation, only to return to the Trump administration after a few months. Mr. McNamee is now a lawyerwho advises fossil fuel companies.

Douglas W. Domenech, who ran the foundation’s efforts to block the Obama administration from regulating emissions from power plants, became assistant secretary at the interior department. He was later found to have violated federal ethics rules by meeting with foundation officials, creating the appearance that he was working on behalf of a former employer.

As the organization’s profile grew, donations ballooned from $4.7 million in 2010 to $25.6 million in 2021, the most recent year for which records are available. That allowed the group to expand its mandate far beyond the Lone Star state.

The story says that the TPPF is not required to reveal the names of its donors.

But publicly available tax filings show that the group has received money from fossil fuel companies including the coal giant Peabody Energy, Exxon Mobil and Chevron.

The foundation has also received at least $4 million from conservative donors including Charles G. Koch and David H. Koch, according to public filings. Koch Industries owns oil refineries, petrochemical plants and thousands of miles of oil and gas pipelines, and the brothers have a long history of funding efforts to block climate action.

The U.S. General Accountability Office is a federal agency that reviews federal programs and informs Congress about problems and progress. The GAO is expected to be nonpartisan and highly competent.

But when the GAO was asked to report on the number of federally funded charter schools that closed or never opened, its count fell dramatically short, according to Carol Burris, executive director of the Network for Public Education. Burris was lead author of two reports that found that a large percentage of charter schools funded by the federal Charter Schools Program closed within their first five years or never opened at all. Read those reports here and here. Now she finds that the GAO is asleep at the wheel.

Burris wrote to the GAO to ask it to correct its findings. She gave specific examples of charter schools that disappeared, yet were counted by GAO as open. The agency stonewalled.

Why does this matter? The Department of Education issued new regulations for the federal Charter Schools Program (CSP), banning for-profit charters from receiving federal funding and requiring greater transparency. The charter lobby has vigorously resisted both demands. This week, friends of the charter lobby will attempt to overturn the new CSP regulations, enabling profiteers to continue to grab federal dollars and incompetent charter managers to do the same.

Carol Burris reported her efforts to correct the GAO report at Valerie Strauss’s “Answer Sheet” blog on the Washington Post.

Valerie Strauss wrote the introduction:

In October, the U.S. General Accountability Office (GAO) released a report titled “Charter Schools That Received Federal Funding to Open or Expand Were Generally Less Likely to Close Than Other Similar Charter Schools” in response to a congressional request. The report looked at data about the federal Charter School Program, which over several decades has awarded billions of dollars in grants for the expansion or opening of charters. These schools are publicly funded but privately operated, often with minimal or no oversight from a governmental agency. The GAO said in part:


“The Department of Education awards Charter Schools Program (CSP) grants to help open new charter schools or replicate and expand high-quality charter schools, among other things. While few charter schools closed overall, charter schools that received CSP awards closed at lower rates than similar charter schools that did not receive an award between fiscal years 2006 and 2020. GAO’s analysis found, for example, that within five years after receiving CSP awards, CSP-recipient charters schools were about 1.5 times less likely to close than similar non-CSP charter schools—with an estimated 1.4 percent and 2.3 percent closing, respectively. Within 12 years of receiving CSP grants, the same pattern generally held. The pattern also generally held for CSP-recipient charter schools regardless of the schools’ grade level, locale, student body racial and ethnic composition, or percentage of students receiving free or reduced-price lunch.”


This post, written by Carol Burris, an award-winning former New York high school principal and now executive director of the advocacy group called Network for Public Education, raises questions about the report, saying that the GAO “used outdated charter school status data as the basis of their descriptive analysis.” She explains below how she came to that conclusion.

Burris has written previously on the charter school program on this blog (for example, here and here), and in the following piece she takes issue with some of the GAO’s data and report results. The Network for Public Education is an alliance of organizations that advocates for the improvement of public education and sees charter schools as part of a movement to privatize public education.

The GAO denied that it used outdated data and said it stands by the report. It said that it needs “to use rigorous methodologies that are acceptable to social scientists and statisticians and can withstand scrutiny.” You can see its full response at the end of the piece.

The Department of Education was also asked for a comment and provided a short one that did not directly address the GAO report or Burris’s critique. It said in an email: “Our administration is committed to supporting high-quality public charter schools, as reflected in the president’s budget. And we’re committed to accountability, transparency and fiscal responsibility in the federal charter school program, as reflected in our regulations.”

Burris said her data shows significant undercounting by the GAO of charter schools that closed after receiving federal grants from the Charter School Program — either through state governments or from the Education Department. She said she shared her data with the GAO on numerous occasions.After repeated scandals in the charter school sector and negative fiscal impacts on public school districts from charter expansion, the Biden administration this year made changes to the Charter School Program in an effort to stop waste and fraud and bring more transparency to charter school operations.

In September, the U.S. Education Department’s Office of Inspector General released an audit of the nearly 30-year-old federal Charter School Programs that found, among other things, that charter school networks and for-profit charter management organizations did not open anywhere near the number of charters they promised to open with federal funding. Previous investigations by an education advocacy group, the Network for Public Education, which opposes the growth of charter schools, had found similar problems. (You can read my stories about their “Asleep at the Wheel” reports here and here.)


By Carol Burris


Congress last year directed the Government Accounting Office (GAO) to investigate the controversial federal Charter Schools Program (CSP), which was the subject of regulatory reform by the Biden administration this year. In a 2021 appropriations bill, the House Committee on Appropriation said:


“The Committee requests GAO to provide a report to the Committees on Appropriations on the Department’s oversight over CSP and whether the program is being implemented effectively among grantees and subgrantees. The report should include an analysis of CSP grant amounts over time that supported charter schools, with a particular focus on schools that eventually closed or received funds but never opened; the relationships between charter schools supported by CSP grants and charter management organizations; and an analysis of enrollment patterns at these schools, especially for students with disabilities. The report should examine ways to improve the Department’s oversight of CSP as well as make recommendations on potential legislative changes to the program that would reduce the potential for mismanagement and ineffective operations.


The GAO report published in October does not address all of Congress’s mandate to, and, according to my research conducted over several months, severely undercounts the number of closed CSP schools and the federal dollars spent on them. In addition, that error has a ripple effect on findings throughout the report. What follows explains what went wrong, and the facts that back up these conclusions.

GAO’s numbers don’t add up

The published report, which covered only a small part of the congressional investigatory request, examined three programs, which they refer to as (1) the State Educational Agencies/State Entities Awards, (2) the Charter Management Organizations (CMO) Awards, and (3) the Non-State Educational Agencies/Developers (Developers) Awards. The report contains a descriptive analysis of grants to schools that closed or never opened and a comparative probability analysis of grant recipients (new schools only) closing during their first 12 years. The comparative probability analysis, which became the headline for the report, was not part of the congressional request. Its findings are misinterpreted in the headline of the report.

This post, however, focuses on the requested descriptive analysis, which reported the present status (open, closed, future, will not open) of CSP awardee schools and how much was spent on those that never opened or closed. Its source was a data set given to the GAO by the U.S. Department of Education. That data set includes program information, school names, award years and amounts, identifying details, and a status for each grantee school — open, closed, opening in the future, will not open, or undetermined (as indicated by a blank) when their grant is complete.

In 2019, the department published a detailed data set of CSP awards, which you can find on the department’s website here. Most of that data set, specifically awards from 2006 through 2018, is a subset of the data set given to the GAO. The data set provided to the GAO also includes the 2019 and 2020 awards, however, we estimate that upward of 80 percent of the grantee information is in the public data set.

Let’s begin with a few examples of awardee schools and their status in the 2019 data set to understand why the report got it wrong.

Path Academy Charter School in Connecticut was a school that received a grant directly from the department. According to the 2019 data set, it received $585,800 in a three-year grant from 2013 to 2015. The data set reports the school’s status as open, but Path Academy closed in 2018 after the state discovered that the school and its charter management organization, Our Piece of the Pie, defrauded “the state of nearly $1.6 million, billing the state for 128 phantom students, operating unauthorized schools, and tolerating excessive absenteeism.”

Spirit Prep was a proposed “blended” school powered by the for-profit K12 (now Stride) online programs. It received a grant for over $186,000 in 2011 to plan for its opening. Although K12 announced in April of 2012 that Spirit Prep would open that fall, by July, the New Jersey Department of Education decided that the school would not open and denied its charter. In 2019, the department still had it listed as a “future” school with a note that it would open in 2012.

Tallulah Charter School, a Louisiana 2013 grantee, closed in 2017 following a cheating scandal. Its status is listed in the data set as open.


Hope Academy, a 2008-2010 grantee that received more than a half-million dollars, shut down in 2014 and was later sued by the state of Missouri for $3.7 million after “an audit found inflated attendance numbers.” Again, its CSP status was listed as open in 2019.

These are not isolated examples. They are representative of the hundreds of such cases that we found. Why do there appear to be so many errors?


The answer is that once the grant is finished (most end within three or fewer years), the department says it no longer checks to see if they are open. Therefore, the status of the school is frozen in time in the data set. A school open when the grant was complete may be shuttered today. The department requires that state entity, charter management organizations and developer grantees report twice a year on the operational status of all CPS-funded schools — but only for active and open grants.


This also explains why the Department of Education cautiously reports numbers of closed CSP schools using the term “closed prematurely.”


But the GAO did not check on the current status of schools, with the exception of the 189 schools that had no status in the data set. This is explained in Appendix I on pages 22 and 23 and was communicated to me in an email on Oct. 27 from GAO Assistant Director Sherri Doughty.


Recall that the GAO’s congressional mandate was “to report on CSP grants, with a particular focus on charter schools that eventually closed or never opened” (emphasis added). By accepting the department’s status in the majority of cases, it was using data that had not been updated in years, with the exception of 189 of 6,023 awards. Yet in the report, the GAO reports closures as current as of May 2022. Footnote 11 on page 11 says that the GAO defined “open” as currently open schools.

Despite my sending extensive file after file of correct information, their response was, “we stand by our report.”


Now, I will describe what they got wrong.


Extensive under-reporting of CSP awardee closures


For the Network for Public Education’s analysis, we used the public 2019 CSP data set, which is a subset of what the GAO received. The vast majority (exceeding 80 percent) of the CSP awards from 2006 forward are in the data set, which covers 13 of the 15 years examined by the GAO.
Using the procedure outlined below, NPE’s Marla Kilfoyle and I identified the extent to which the GAO underestimated the number of closed and never opened schools, which were the categories of interest to Congress.

  1. We isolated those awards in the 2019 data set made in 2006 and beyond, eliminating all awards made before 2006.
  2. For all charter school awards with an NCES number (91.2 percent of all awards), we checked the school status against the 2020-2021 Common Core of Data (CCD). We marked charter schools as closed if they were no longer listed in the CCD, or if they converted to public schools while retaining the same NCES number. If a charter remained a charter with the same NCES number but changed its name, that school was marked open. In some states, including California, we double-checked with the state database. [NCES numbers are the unique 12-digit school identifier found in the Common Core of Data of the National Center for Education Statistics (NCES). We used the charter school filter in the CCD database to include awards that went to charter schools that closed as a charter and became public schools and to identify public schools that took CSP money but never converted to a charter school.]
  3. If a public school received an award to convert to a charter school but did not, we marked it as “will not open.” If schools were listed as future schools in the data set that ended in 2018 but could still not be found in the CCD, we checked outside sources and, if not found, marked it “will not open.”
  4. For the remaining 8.8 percent of schools, we accepted the school status as reported in the 2019 data set, knowing that would result in an underreporting of closed and never opened charter schools and an inflated number of open and future schools. We, therefore, erred on the side of caution.

Grantee closure


Let’s start with the smallest of the three programs, the Non-State Educational Agencies (SEA)/Developers awards, which I will refer to as non-SEA awards. These awards are given directly to charter schools by the Department of Education.

According to the GAO, the department gave out 235 non-SEA awards between 2006 and 2020. The 2019 data set, from 2006 on, contains 178 of those awards. According to Table 5 of the GAO report, only six went to schools that have closed, and four went to schools that never opened, resulting in a closure rate of 3 percent and a never-opened rate of 2 percent.

Using the CCD and additional outside sources to determine the status of schools, we found 29 — not 6 — schools that received a CSP award between 2006 and 2018 that had closed. Here we provide the names, date of grant, dates regarding the school’s closing, news stories about the closure, and other verification of closure.

Some charters closed due to low enrollment or poor test scores. Others closed, as confirmed by linked news stories, due to fraud.
We also identified 13 — not four — non-SEA grant schools that never opened between 2006 and May 2022.


Even if all of the 57 awards given after 2018 went to schools that opened and thrived (which is highly unlikely), closure rates would be 12.3 percent, and the never opened rate would be 5.5 percent of the non-SEA awardees, not 3 percent, and 2 percent.


SEA/SE grantee award closures and never-opened schools


The underreporting was even more dramatic when it came to the oldest and largest of the three CSP programs (SEA/SE).


According to the GAO, the CSP (SEA/SE) program gave 4,616 school awards totaling nearly $2 billion between 2006 and 2020. The 2019 data set identifies 4,351 SEA awards as sub-grants between 2006 and 2018. Almost all (3,992) have an NCES number associated with the school.


Within the data set, there is some duplication of schools. To catch those duplications, we identified and reported the number of unique closed or never opened schools. If we had reported by award, the number would be substantially higher. The GAO report is fuzzy in its tables and narrative, sometimes referring to schools and at other times to awards. It is possible for schools, especially longtime open schools, to receive more than one award; therefore, if the GAO counted awards, not schools, its “open school” number is inflated by more than error.


If the charter school did not have an NCES number in the data set, we again accepted the status listed by the department in 2019. As stated above, this likely results in an underreporting of closures.

GAO states in Table 2 that 429 SEA/SE awards went to now-closed charter schools—a number quite similar to the 2019 CSP data set non-updated number (409). However, we found that more than twice as many, 951 closed charter schools, received one or more awards. In addition, while the GAO reported that 209 schools never opened, we identified 230. These numbers do not include closed and unopened schools given grants after 2018. The total number is higher than what we report; it cannot go lower.


Note that we did not analyze the closures of charter schools that received Charter Management Organizations (CMO) awards since the department only required CMOs to report their schools beginning in 2012. The report lists 37 percent of that CSP CMO-grant funding going to “future schools.”

Our complete analysis is available upon request. It was sent to the GAO and the department along with a tool developed by data expert Ryan Pfleger that allows one to examine the history of schools by enrollment and status across the years of the CCD. I received an email acknowledgment and thank you from a representative of the Department of Education. I received no response from the GAO.


The CCD can be an imperfect source and may have generated minor errors in our final numbers. Nevertheless, it would have provided a far more accurate accounting of “schools that eventually closed” than the outdated status in the data set of the department they were asked to audit.


The ripple effect


The error described above directly affects the number of charter schools listed as open, closed, future, and will not open. It also affects the calculation of the total taxpayer dollars that have been wasted on CSP charter schools. For example, if more than twice the number of charter schools that received CSP grants closed, the GAO report’s estimation of $152 million spent on closed and never opened SEA/SE schools during those years is only capturing less than half of that cost since more funds went to closed schools than schools that never opened.

The state-specific numbers set forth on pages 13-15 of the report similarly need correction. Some of the states identified as the biggest wasters in the report’s Figure 15 may not deserve that identification. Other states may earn the dubious honor of being in the chart.


What now?


It is difficult to track charter school closures. Some schools close as charters and become public schools. We have seen schools switch between charter and public several times. At other times, a school shuts, and a new management organization takes it over. Sometimes the school’s name, staff, and students are different; sometimes not. Charter schools merge. In some states, information is easy to find; in others, information is obscure. It doesn’t have to be this way; states and the federal Charter School Program can demand better record-keeping and reporting.


The GAO’s descriptive analysis needs to be checked, verifying whether a school is currently open using the CCD. Claims regarding closed and open schools in their report need to be revised so that it is clear those are only closures during the active years of the grants. The stakes are even higher, however, for families. The closure of any school, whether public, charter, or private, is a painful and disruptive event in a child’s life. Families deserve honest information regarding closure risk when they enroll their children in a charter school. It is time for the GAO to revise its report to Congress and the public.


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This is the response from the GAO:


“We need to use rigorous methodologies that are acceptable to social scientists and statisticians and can withstand scrutiny. Practically speaking, we cannot Google the status of 6,000 schools and call that proper research. When we spot checked some of what Ms. Burris cited, we came up with conflicting results. As with any methodology and any data set, ours had limitations and they were disclosed clearly in the report.

“In addition, GAO is an independent agency. We do work for Congress, but they do not dictate our research objectives, methodologies, or scope of work. GAO determined that the best way to meet Congress’s needs in this case was to conduct a descriptive analysis, which examines trends and relationships, and to pair that with a much more sophisticated model with rigorous controls in place. This was done to properly examine underlying issue at hand: the effectiveness of CSP awards. We laid out this approach to the relevant Congressional stakeholders prior to the work beginning, and they determined that it met their needs. And then it was laid out in our report as well.We know critics who do not like our message will cherry pick at different statistics. But the message is based on a sound analysis and we stand by it.”


Here is Burris’s response:


“The GAO used outdated charter school status data as the basis of their descriptive analysis. The use of that data was confirmed in an email sent to me by the GAO and in the appendix of the report. The rationale for not using the Common Core of Data rather than the data provided by the Department they were auditing was illogical, especially given that they used the Common Core of Data for what they referred to as their “more rigorous model.” The charter school status data they used is not updated once a grant is closed. This was confirmed in an email from a Department of Education spokesperson to Ms. Strauss. Therefore, when the GAO report states that its information is current as of May 2022, it is providing false information to both Congress and the public. One does not need to “google” schools. The GAO is well aware that this is not the methodology I used. If their spot check resulted in conflicting results, I invite them to send those examples to me.”

Retired teacher Christine Langhoff calls out the editorial board of The Boston Globe, which advocates for mayoral control of the schools, despite the wishes of the citizenry. Langhoff is right. Mayoral control is undemocratic, and it does not have a record of success. The mayor is not an educator. She or he may stack the leadership of the school system with cronies or—best case scenario—clueless business-school graduates. Mayoral control was tried and failed in Detroit and Chicago. New York City has had mayoral control since 2002 and that political arrangement has increased the number of charter schools, closed scores of schools, destabilized neighborhoods, and produced no notable improvements.

Langhoff writes:

Last year, 80% of Boston voters approved an elected school committee (a campaign that owes much of its organizing to a presence on Twitter, by the way). Now the process is underway, as the state would have to approve such a move.

This morning, the Boston Globe has published a disgusting editorial, calling for the abolition of any school board in the capital city. Reed Hastings would be proud. Who cares what citizens want, when the billionaires hellbent on privatization want something else?

There are certainly problems with the city’s current school governance system, in which the mayor appoints all members of the seven-person school committee. But if the city is to overhaul school governance, the way forward shouldn’t be to switch to a popularly elected school committee — an antiquated way of managing schools in the 21st century. Instead, Boston should get rid of the body and centralize control of the schools in the mayor’s office.” (Boston Globe)

And while the Supreme Court looks to originalism to undermine our rights, The Globe (or more likely the Barr Foundation, to whom the newspaper of record outsources its education coverage) would throw out centuries of history of governing public schools in Massachusetts:

Ending a school committee may seem radical, since local school board elections are so ingrained in American tradition. But the local school board, and its considerable power over the education of children in a geographic area, is a particularly North American phenomenon, and something of an accident of history. The colony of Massachusetts required towns to establish and pay for schools in 1647, in a law known as the Old Deluder Satan Act, and local control of schools — and local responsibility for funding them — has endured since.” (Boston Globe)

Funny, I doubt the same people would call for dissolving all school boards across the state, especially not in those wealthy towns where these writers likely live, and whose elected school boards they serve on.

For years, charter friends and charter foes have debated whether charter schools are public schools and whether they are, like public schools, “state actors.” The lame-duck Attorney General of Oklahoma recently declared that religious schools could be charter schools. He seems to believe that privately managed charter schools are not public schools, because no one claims that religious schools are public schools. His opinion does not have the force of law, but you can see that Oklahoma is eager to give public money to religious schools.

The AG’s opinion raises many questions. If charter schools are religious schools, may they limit admission only to members of their faith? May they exclude gay students, teachers, and families? May they substitute religious books for the state textbooks? May they indoctrinate their students into their faith? If charter schools are religious schools, how do they differ from voucher schools? What state regulations apply to them, if any?

Peter Greene writes about the issue here:

The Supreme Court has slowly and steadily busted a hole in the wall between church and state when it comes to education. AG opinion: Statute barring charter school operators from religious affiliation unconstitutional (nondoc.com)

In a fifteen-page opinion issued December 1, Attorney General John O’Connor argued that in the wake of Trinity Lutheran, Espinoza, and Carson, he believed that SCOTUS would “very likely” find Oklahoma’s charter law restriction on nonsectarian or religious charters unconstitutional. Therefore, his opinion is that the state should no longer follow the law forbidding sectarian or religious charter schools.

Each of those cases elevated the free exercise clause of the First Amendment over the establishment clause. In other words, the court has repeatedly (and in a break from previous court decisions) found that the free exercise of religious beliefs outweighs any restrictions against government-sponsored religious activity.

Carson v. Makin in particular established that if the state allows for taxpayer funding of any non-public secular schools, it cannot exclude religious schools from the chance to receive taxpayer funding. While Carson involved school vouchers and private schools, observers like Kevin Welner, director of the National Education Policy Center at the University of Colorado at Boulder’s School of Education, noted that in light of these three decisions, “states will probably be forced to let churches and other religious institutions apply for charters and operate charter schools.”

While charter schools have often been considered public schools (at least part of the time), the extension of free-exercise protections, as Welner wrote after the prior decision, complicate the issue.

If courts side with a church-run charter school, finding that state attempts to restrict religiously infused teachings and practices at the school are an infringement on the church’s free-exercise rights, then the circle is complete: Charter school laws have become voucher laws.

Justice Sotomayor, when dissenting on Carson, noted that

“in just a few years, the Court has upended constitutional doctrine, shifting from a rule that permits States to decline to fund religious organizations to one that requires States in many circumstances to subsidize religious indoctrination with taxpayer dollars.”

Given the previous decisions, an attempt by charter supporters to extend religion to charter schools was probably inevitable.

Charter supporters, including Governor Kevin Sitt and State Superintendent of Public Instruction-elect Ryan Walters praised the decision. Officials of the Catholic Church in Oklahoma, the church likely to go after the taxpayer funding made available by this opinion (there are reports that they have an application for a Catholic virtual charter school ready to go), also praised the decision, as did officials of the American Federation for Children, the pro-privatization group with connections to Betsy DeVos.

The potential complications are many. If the taxpayers of Oklahoma are going to be compelled to fund religious charter schools, which religions will qualify for those dollars, and who will decide?

Oklahoma law designates charters as public schools, but how much discrimination in the name of religious exercise will the state allow? O’Connor argues that charges of discrimination can only be brought against state actors, and “actions taken by charters are unlikely to fit this bill.” So are charter schools public schools or not, and to what degree should taxpayers be forced to fund schools that exist in some sort of fuzzy grey law-free zone?

AG John O’Connor was a Trump nominee for a United States district judge in 2018; the American Bar Association rated him “not qualified,” and his nomination was withdrawn. After Oklahoma’s previous attorney general resigned in May of 2021 over “personal matters,” Governor Stitt appointed O’Connor to the office. O’Connor ran for the office this year and was defeated in the primary, making him a lame duck in the office.

An opinion such a this does not carry the weight of law, and it is possible that the matter will be tested in court. But given the foundation laid by the Supreme Court, it takes no great stretch to reach the conclusion that O’Connor did. They ripped the hole in the wall; he just walked through it.

Fred Smith worked as an assessment specialist at the New York City Board of Education for many years. Recently he has advised opt-out groups. In this comments, he describes the remarkable power of Merryl Tisch, whose family are billionaires and influential in New York civic life. Note: Before King was named New York State Commissioner of Education, he founded and Leda charter school in Massachusetts that had the highest suspension rate in the state (59%).

Smith writes:

Coming soon to a campus near you: The Return of the Tisch Flunky.

Fill in the blanks– Sheldon Silver, Democratic leader of the New York Assembly, which selects members of the Zboard of Regents…. Merryl Tisch appointed to Board of Regents (1996) and elevated to Regents Chancellor by Silver (2009)…. Tisch and John King are classmates at Teachers College (small-group accelerated doctoral program)…. Tisch pushes King to become NYS Education Commissioner…. Andrew Cuomo advocates implementation of Common Core with Tisch’s willing compliance…. Opt Out Movement strongly opposes CC…. King leaves SED for USDE (2014)…. Silver found guilty of corruption charges (2015), convicted and expelled from NYS Assembly…. Tisch steps down as Regents chancellor after 20 years…. Cuomo appoints Tisch to SUNY Board of Trustees (2017) and elevates her to SUNY chairman…. Cuomo uses Tisch to abandon “national search” for new SUNY chancellor in order to give his closest adviser, James Malatras the job…. Cuomo stench starts catching up to Malatras, and Kathy Hochul tells Tisch to dump him…. Tisch praises Malatras and gives him a golden parachute. King announced as the next SUNY chancellor with words of praise a huge salary and perqs from Tisch.

Yes, there was a national search to find him.

The state Attorney General in Oklahoma just obliterated the distinction between charters and vouchers by ruling that the state law requiring charters to be non-sectarian was invalid. His decision won plaudits, not surprisingly, from far-right Governor Kevin Stitt, the state’s Catholic Conference, and the state’s American Federation for Children, which is part of Betsy DeVos’s voucher-advocating national group of the same name.

This is the breakthrough that Betsy DeVos has counted on for years: that charter schools would be the stepping stone to vouchers.

Think of all the “liberals” and “progressives” who have supported charters, abetting the eventual and inevitable public funding of religious schools: Senator Cory Booker, Senator Michael Bennett, Congressman Hakeem Jeffries, Secretary of Commerce Gina Raimondo, Arne Duncan, Bill Gates, Michael Bloomberg, Reed Hastings, former Governor Jerry Brown, the Center for American Policy (CAP), DFER, the Obama Education Department, and many more. CAP is supposedly the Democratic Party think tank, but it has resolutely supported charter schools. And now it’s on the same side as Betsy DeVos.

In a 15-page opinion released today, outgoing Oklahoma Attorney General John O’Connor advised charter school authorizers that the aspects of the Oklahoma Charter Schools Act requiring school operators to be non-religious and non-sectarian likely violate the free exercise clause of the First Amendment to the U.S. Constitution and should not be enforced.

Primarily citing three recent U.S. Supreme Court rulings regarding religious liberties in public education — Trinity Lutheran Church of Columbia, Inc. v. Comer (2017); Espinoza v. Montana Department of Revenue (2020); and Carson v. Makin (2022) — O’Connor argued that religiously affiliated private organizations should be allowed to apply to operate charter schools.

“In sum, we do not believe the U.S. Supreme Court would accept the argument that, because charter schools are considered public for various purposes, that a state should be allowed to discriminate against religiously affiliated private participants who wish to establish and operate charter schools in accordance with their faith alongside other private participants,” O’Connor wrote in the opinion which is embedded below.

Charter schools are publicly funded schools that can be governed and operated outside of traditional school districts. The schools can run by private management companies. Currently, Oklahoma statute requires operators of the state’s approximately 30 charter schools to be “non-sectarian” and “non-religious.”

Among the entities allowed to authorizer a charter school in Oklahoma is the Statewide Virtual Charter School Board. Executive director Rebecca Wilkinson originally asked the formal question that resulted in O’Connor’s office issuing an opinion on whether the board may “continue to enforce the nonsectarian requirements set forth” in Oklahoma statute.

Reached for comment Thursday, Wilkinson said she didn’t know the opinion had been released.

“I have not seen it,” Wilkinson said. “I can’t comment on it today, but when we hang up I guarantee you I will be going out to search for it.”

‘Overjoyed with the attorney general’s opinion’

Gov. Kevin Stitt, the Catholic Conference of Oklahoma and the American Federation for Children-Oklahoma celebrated the opinion.

“Attorney General John O’Connor’s opinion rightfully defends parents, education freedom, and religious liberty in Oklahoma,” Stitt said in a statement. “Ultimately, government takes a backseat to parents who get to determine the best learning environment for their child.”

The Catholic Conference of Oklahoma also praised O’Connor’s opinion. In an interview. executive director Brett Farley said the Catholic Conference has an application ready to submit to the SVCSB to operate its own Catholic virtual charter school.

Simply summarized, “religious charter schools are now legal in Oklahoma.”

Ohio is a state dominated by Republicans. When progressive candidates won seats on the state board in the recent election, Republicans moved swiftly to strip the state board of its powers and transfer them to a new state agency.

The state board has 19 seats. Eleven are elected. Eight are appointed by the Governor, Republican Mike DeWine.

News5 reported on the GOP plan to strip the state board of its powers.

For the first time in years, progressive candidates will control the elected seats on the executive agency, regulating if a resolution is able to pass or not. Candidates are voted on as nonpartisan candidates, however, each leans conservative or progressive and will be endorsed by a party. School board candidates tend to share their beliefs publically.

Three of the five seats up for grabs were taken by liberal candidates. Tom Jackson, of Solon, beat out incumbent Tim Miller by about 50,000 votes. Teresa Fedor, a now-former state senator from Toledo, beat opponent Sarah McGervey by more than 30,000 votes. Katie Hofmann, of Cincinnati, beat out incumbent Jenny Kilgore by around 30,000 votes.

“We’re just looking forward to getting back to Columbus and doing the people’s work,” Jackson told News 5.

Now, seven of the 11 elected seats are held by Democrats. The elected seats ensure that the total board can’t pass all resolutions it wants, since it needs a 2/3 majority. Of the 19 total seats, eight were appointed by Gov. DeWine. Now, with 12 GOP seats, a Democrat would need to switch over for policy to pass. This could change depending on attendance.

Even though Republicans hold a majority, they don’t have a 2/3 majority, and they won’t be able to pass resolutions without at least one Democrat.

Republican Governor Mike DeWine endorsed the plan to neuter the state board.

Gov. Mike DeWine said Wednesday he supports an Ohio Senate bill that would overhaul the Ohio Department of Education, gut powers from the Ohio State Board of Education and give his office more oversight of education.

“I think virtually every governor for 40 or 50 years has wanted to have more control in regard to the Department of Education,” DeWine, a Republican, told reporters. “So this governor is not going to be different. You know, I support the bill.”

Senate Bill 178 would put the Ohio Department of Education under a cabinet-level official in the governor’s office and rename the agency the Department of Education and Workforce, which would be called by the acronym DEW. The cabinet official would oversee the department, a task currently held by the state school board. The department would have two divisions: one for primary and secondary education and one for workforce training.

The 19-member state school board, made up of 11 elected members and eight members appointed by the governor, would continue to exist, but it would be stripped of most of its duties. It would oversee educator licensing and select the superintendent of public instruction, who would be a secretary to the board and an advisor to the DEW leader in the governor’s office.

“Candidly, the bill was not our idea, but I support the bill,” DeWine said. “I think what the public expects is accountability. And it’s hard to have accountability under our current system. You know, having the Department of Education with kind of a joint control between the governor’s office and the governor on certain areas, and other areas be the state elected Board of Education, I think is a very significant improvement.”

We have seen the same anti-democratic move in other states, like Indiana and North Carolina, where the legislature removed powers from the Governor or state superintendent so as to keep control of education in Republican hands, disregarding the voters’ wishes.

William Phillis, former deputy state superintendent of education in Ohio, is appalled by the waste and corruption in the charter sector. The state constitution requires a common school system, and charter schools and vouchers violate the state constitution. Ohio has had some of the biggest financial scandals in charter world (think ECOT), yet the Republican legislature continues to demand more funding for charters and vouchers. In this post, he likens charters to the one-room schools that were closed down long ago. He also notes that half of the 600 charters authorized in Ohio have closed.

William Phillis writes:

Charter Schools Conceptually and In Practice Are a Scourge on the Education Landscape In Ohio

Not all charter schools and their management companies are rife with fraud and corruption. Nor are all charters low-performing. Nor do all of them shortchange students to stack-up shameless profits. Nor do all of them practice nepotism in hiring, cherry-picking students, and closing without notice. However, the charter industry, as a whole, is rife with all of the above. Even if the charter industry would be free of all these negatives (and more), the concept and practice of chartering is wrong-headed.

The charter industry is inefficient within its own parameters and causes the whole of provisions for education to be inefficient. Historically the state has allocated between 34 to 45 percent of its General Revenue Fund (GRF) to K-12 education. Currently, about 40% of the state GRF is allocated to K-12 education.

Due to the demands of other state programs and services, the percentage of the state General Revenue Budget allocated to K-12 education will not likely increase substantially in the future.. Tax funds siphoned away from school districts for charters (and vouchers) duplicates facilities and programs which causes inefficient use of tax funds and reduces educational opportunities for students in both districts and charters.

Since 1900, the state forced school districts to consolidate to expand educational opportunities and to use tax dollars more efficiently. In 1900 there were about 3500 school districts. Ten thousand one room school buildings were in operation. Now there are 612 districts and no one room schools in operation. However, the state has issued more than 600 charters to private individuals, 300 or so of which have closed. Most charters serve less students than the school districts that the state forced to close. If smaller is finer, then why doesn’t the state force deconsolidation of school districts?

The smaller charter enrollments typically reduce breadth of programs and opportunities for students. The charters duplicate programs and services which exacerbates the inefficiencies. What are state officials thinking?

Charter schools are largely deregulated. For the sake of students and taxpayers there is no justification for a differential between public schools and charters in the matter of regulations. The original idea of chartering was that some teachers and parents would propose to a board of education that they would create innovative, creative programming and demonstrate better results in exchange for reduced regulations. As an industry, charters have been neither creative nor innovative. Nor has the charter industry outpaced traditional public schools in academic performance; however, reduced regulations have spawned fraud and corruption coupled with little or no accountability and transparency.

Charter schools have no constitutional basis.

The charter school experiment in Ohio has been rife with fraud and corruption and low performance. Billions in tax funding has been stolen and wasted. The experiment is a failure. There is no justification for this experiment to continue.

Learn more about the EdChoice voucher litigation

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VOUCHERS HURT OHIO

William L. Phillis | Ohio Coalition for Equity & Adequacy of School Funding | 614.228.6540 |ohioeanda@sbcglobal.net| http://ohiocoalition.org

The New Orleans Tribune pulled the mask off the charade of reform in New Orleans. The much-heralded experiment of turning every public school into a charter school is a failure. In the latest state ratings, more than half the schools received a grade of D or F.

The newspaper’s editorial board writes:

It has been said that the definition of insanity is to do the same thing over and over again and expect different results.

Well, NOLA Public Schools must be certifiably insane; because here we are — 17 years deep into a so-called education reform movement; and this year’s recently released school performance scores continue to reveal the what we have long known — this reform was and is a farce and a failure.

In the wake of Hurricane Katrina, laws were rewritten to make the takeover of public schools in Orleans Parish easier. The minimum school performance score needed to escape being considered a failing school was raised from 60 to 87.4 so that more public schools in New Orleans could be taken over by the Recovery School District. Veteran teachers were summarily fired without cause. School buildings and resources were turned over to quasi-private charter management organizations. Our children were and still are bussed all over the city.

Then in 2019, the reformers really dug in, and the Orleans Parish School Board got out of the business of operating schools all together, turning over every campus to a charter operator and an unelected and unaccountable board.

And all of this for what?

If any of this maneuvering would have resulted in success, we would have nothing to say.

But there are 65 charter schools loosely operating under the cavalier control of the Orleans Parish School Board, and based on the 2022 school performance scores released in November by the Louisiana Department of Education, more than half of them are D and F schools. In other words, they are failing or close to it. In fact, if the SPS of 87.4 that was purposefully raised to take over public schools in 2005 were applied right now all but four of the 65 NOLA public schools could be taken over TODAY!

Let’s say it again, another way — if the same standard that was intentionally changed to takeover and destroy public education in Orleans Parish in 2005 were applied to the 65 public charter schools operating under NOLA Public Schools today, a full 61 of those schools would be considered failing by the state RIGHT NOW!

All of the teachers and administrators should be fired without cause; their buildings and resources should be turned over to the RSD; their students and the money that follows them should be scattered to the wind.

Of course, that’s not going to happen. In order to mask the failure of this corporate takeover of public education masquerading as a reform movement, the minimum SPS has been lowered over the last decade and half, indicative of the fact that this so-called reform has never been about improving educational outcomes for our children.

And the Board of Elementary and Secondary Education has refused to revisit its accountability policy.

That is because this reform is and has always been about power and control over resources, contracts, assets and the dollars that follow every student. It was never about the students….

So we ask: Where’s the reform . . . the change . . . the miracle results touted as the public school system in Orleans Parish was pillaged and plundered in the wake of Hurricane Katrina?

We know the truth. The miracle was a mirage…It’s time to recall this reform! It is time to return public education in New Orleans to real local control so that another generation of children are not left by the wayside.

The New Orleans Tribune is an African American newspaper, so its views will be ignored by the powers that control the legislature and the state Board of Elementary and Secondary Education.