Archives for category: Charter Schools

Make no mistake: the changes to the federal Charter Schools Program a few days ago was a big win for supporters of public schools and a major defeat for the charter lobby, led by the National Alliance for Public Charter Schools.

The Network for Public Education was proud to lead the fight to reform the Charter Schools Program, which started in 1994 as a tiny program to help jumpstart new charters but turned into a slush fund to pump federal money into giant charter chains like KIPP, IDEA, and Success Academy, all of which are very well funded by their billionaire board members and friends.

The charter lobby, overflowing with cash, bought ads on major television programs to fight the Department’s effort to regulate the federal funding of charters, especially the proposed exclusion of for-profit charter operators. The Network for Public Education did not have millions or even hundreds of thousands to lobby on behalf of public schools. It did not buy any TV or radio time. NPE is funded by the 350,000 friends who contribute small amounts of money to fight privatization. Contrary to the claims of the charter lobby, NPE is not funded by the teachers’ unions. It is funded by parents, teachers, principals, and other citizens who don’t want to lose their public schools.

Carol Burris, executive director of the Network for Public Education, has worked tirelessly to persuade the U.S. Department of Education and members of Congress to require accountability and set rules for the federal Charter Schools Program. She wrote numerous reports, based on government data, to demonstrate the need for oversight. The program receives $440 million a year with no scrutiny, and its waste, fraud, and abuse are legion. Unlike the charter lobby, NPE has a small staff. Carol is the only full-time employee. Her hard work paid off. Despite the millions of dollars spent by the charter lobby to keep the federal dollars flowing without accountability, transparency or oversight, the Department ignored them.

Carol Burris explained the new regulations in a post on Valerie Strauss’s blog “The Answer Sheet” at The Washington Post.

Strauss begins:

The Biden administration is moving to overhaul the federal Charter School Program with new rules finalized last week that make it harder for for-profit organizations to win taxpayer money and require greater transparency and accountability for grant applicants.

The program has awarded billions of dollars in grants over the past several decades for the expansion or opening of charters, which are publicly funded but privately operated, often with little or no public oversight. President Biden said during the 2020 election campaign that he wanted to end federal funding for for-profit charter schools, but the final regulations don’t go that far.

Charter school supporters strongly objected to a draft set of rules released earlier this year, saying they seemed intended to kill the program outright, which the Education Department denied. Nina Rees, president and chief executive officer of the National Alliance for Public Charter Schools, said in a statement that the final regulations appear to be “less harmful than the original proposal,” but added that more analysis of the details was needed.

Critics of the federal Charter School Program said both the draft set of regulation changes and the final versions were important moves to stop waste and fraud in the federal program and provide more transparency to the operation of charters.

Charter advocates say these schools offer necessary choices to families that want alternatives to troubled schools in traditional public school districts. Critics say charter schools drain funding from public school districts that educate the vast majority of children in the United States, and are part of a movement to privatize public education.

The Network for Public Education, an advocacy organization that opposes charter schools, has published several reports since 2019 on the federal program, revealing the waste of hundreds of millions of taxpayer dollars on charter schools that did not open or were shut down. The reports also showed that the Education Department did not adequately monitor federal grants to these schools. You can read about two of those reports here and here. A third report details how many for-profit management companies evade state laws banning for-profit charters.

This post analyzes the final rules that the Education Department released last week — though more details are yet to come. The following was written by Carol Burris, an award-winning New York school principal who is now executive director of the Network for Public Education and who wrote or co-wrote the reports mentioned above. Burris has written extensively about charter schools and other school reform efforts for more than a decade on The Answer Sheet.

By Carol Burris

Last week, efforts to clean up the wasteful federal Charter School Program (CSP) made remarkable progress. First, the fiscal year 2023 House Appropriations bill report not only made cuts to the CSP program budget, it demanded improvements. Then the day after the passage of the bill by the House Appropriations Committee, the long-awaited final regulations for the Charter School Program were published by the Education Department. Although a few concessions were made to the charter lobby, nearly all proposed regulations remained intact from a draft version released earlier this year.

Let’s start with the fiscal year 2023 House Appropriations bill. It reduced the Charter School Program budget by $40 million from President Biden’s request to keep funding for next year the same as this, at $440 million. The bill also called on Congress and the U.S. Education Department to phase out for-profit management organizations, and encouraged further investigations and reforms. In short, it supported the proposed CSP regulations.

During a June 30 hearing on the bill, two amendments — the first to defund the Department of Education’s regulation efforts and the second to restore the $40 million budget cut — were defeated in committee votes.

When Rep. John Moolenaar (R-Mich.) offered his amendment to kill the new regulations by defunding them, (watch beginning at 3:20:37), Rep. Rosa L. DeLauro (D-Conn.), chairman of the committee, expressed her “strong opposition.” She accused the National Alliance of Public Charter Schools of “peddling un-credible exaggerations” and “misrepresentations” to defeat what she characterized as modest reforms. She further stated that they had been “willing to take desperate measures to block accountability and transparency” to protect for-profit education management organizations. She voiced her strong support for reform of the CSP to address long-standing concerns. Moolenaar’s amendment was defeated 32 to 22.

The following day, on July 1, the department held an informational briefing on the final new regulations, the priorities, and the assurances applicants must provide to secure a grant from the Charter School Program (CSP). Following the meeting, three documents were posted here. The first describes the submitted comments and the department’s response to them as well as the new requirements for the three grant programs within the overall CSP (SE, or State Entity; CMO, or charter management organization; and Developer, or charter school developers).

The department received 26,580 comments on the proposed regulations, most of which were generated from letter-writing campaigns. Of all of the comments, 5,770 were unique. According to the department, “the majority [of comments] expressed general support for the regulations and the priorities.”

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.”

As readers of this blog know, the Network for Public Education has strongly supported reform of the federal Charter Schools Program, which got its start in 1994 to help mom-and-pop start-up charters. Led by Carol Burris, executive director of NPE, we released two reports showing that the CSP program had wasted nearly a billion dollars, that it funded white flight academies, that it was marred by waste, fraud, and abuse, and that it was a major funder for charter chains.

Biden’s Department of Education issued draft regulations to reform CSP, and the charter lobby spent millions pushing back against any reforms.

The charter lobby lost!

Jan Resseger reports the good news: the U.S. Department of Education stood its ground.

Carol Burris, executive director of the Network for Public Education, celebrates the successful effort to reform the federal Charter Schools Program, despite the multi-million dollar campaign of the charter lobby.

Dear Friends,

Since 2019, the Network for Public Education has worked to stop the waste, profiteering, and fraud in the federal Charter Schools Program. Our two reports, Asleep at the Wheel I and II, caught the attention of the press and members of Congress. We secured allies in our fight as we fought the funding of segregation academies in North Carolina. We met with Congressional staff members and the Department itself. And when the draft regulations came out, we worked nonstop for weeks to write our comments, explain the proposed regulations to others, provide tailored model comments, and work with our allies to push the regulations over the finish line.

On July 1, those efforts paid off.

The Department received 26,580 comments on the proposed regulations, most of which were generated from “letter-writing campaigns.” Of all of the comments, 5,770 were unique. According to the Department, “the majority [of comments] expressed general support for the regulations and the priorities.” We and our allies did our job.

Here are the significant gains.

The Department will make it difficult or impossible for charters run by for-profits to get grants.

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” like Academica), they must provide extensive information, including a copy or description of the contract, personnel reporting, possible related party transactions and real estate contracts. The State Entity that awards the grant must publish the for-profit management contract between the awardee and the school.

Most importantly, 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.

Transparency gains include public hearings, comparative demographic information, the name of all awardee schools, and their peer-reviewed applications. Schools must publish information on their websites that includes fees, uniforms, transportation plans, and if they provide free lunch.

Accountability gains include better supervision by State Entities of the schools 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. There are new restrictions on how unauthorized schools can receive funds.

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. The community impact analysis is now called a needs analysis. That analysis must include: evidence of community desire for the school; the school’s enrollment projection; 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 will not undermine local desegregation efforts. There are exceptions for theme schools and schools in racially isolated neighborhoods.

Making progress on holding charters accountable and reducing waste, fraud, and profiteering is an extraordinarily difficult task. The goal of the charter lobby is to create as many charters as possible, make schools a marketplace, and eventually overtake our democratically governed schools. We have a long way to go in stopping that. But these regulations are an important first step.

For an in-depth analysis, read my piece in The Washington Post Answer Sheet here.

Now help us get the word out with these “click to tweets” below.

And remember, none of this is possible without your support. Please give to the Network for Public Education today.

You can post this email using this link: https://networkforpubliceducation.org/u-s-ed-department-finalizes-tough-new-charter-regulations/

What is happening to the America that we swore allegiance to every day in public school? what happened to the America that was “indivisible, with liberty and justice for all”? How did we get a rogue Supreme Court that recklessly demolishes women’s rights, the separation of church and state, gun control, public safety, and efforts by government to prevent climate disasters? Who kidnapped the conservative Republican Party that believed in stability and tradition? From whence came the people who scorn the commonweal and ridicule Constitutional norms?

Former state legislator Jeanne Dietsch has an answer. Connect the dots by looking at what has happened to New Hampshire. The coup failed in Washington, D.C. on January 6, she writes. But it is moving forward in New Hampshire, with many of the same characters and all of the same goals.

If you read one post today, read this.

She writes:

During the last few weeks, US House leaders documented the nearly successful January 6 coup piece by piece, before our eyes. That personal power grab failed. Meanwhile, the steps clinching takeover of our government by radical reactionaries have nearly triumphed. A plan decades in the making. A plan nearly invisible to the ordinary public.


I can barely believe myself how this story weaves from Kansas to Concord to DC to the fields of southern Michigan over the course of six decades. It starts in Witchita. Koch Industries is the largest privately held company in the US, with over $115 billion in revenues, mostly fossil-fuel related. For many years, two of the founders’ sons, Charles and David Koch, each owned 42% of the company.


The younger, David, studied in the engineering department of MIT for 5 years, simultaneous with young John H. Sununu. Both finished their Master’s degrees in 1963.

1980: THE KOCHS SET THEIR GOALS


Seventeen years later, David Koch ran for Vice President of the US on the Libertarian ticket. The campaign was largely funded by Koch interests. The Libertarian platform of 1980, shown below, may look disturbingly familiar to those following news today.

Open her post to read the Koch Libertarian platform of 1980.

Libertarians demanded the abolition of Medicare, Medicaid, Social Security, public schools, aid to children, the Post Office, the Environmental Protection Agency, the Department of Energy, and more.

The infrastructure for achieving that platform was founded two years later. It was called the Federalist Society. It was a plan by a “small but influential group of law professors, lawyers, and judges.” Its goal?

To train members of their professions to believe in “originalism.” Originalists “strictly construe” the Constitution as they believed the Framers designed it way back in 1787. This matched David Koch’s 1980 platform. It would leave corporations free to do whatever profited them most without regard for social costs or regulations. Older Federalist Society members used their influence to advance their followers to higher judgeships.

SUNUNU FAMILY ROLES


Meanwhile, John Sununu became governor of New Hampshire, then Chief of Staff for President George W. Bush. In that role, John thwarted a plan for the US to join the international conference to address climate change in 1989. Actions like this, that benefitted Koch and the rest of the fossil-fuel industry, would become a hallmark of the Sununu family.


In 1993, an executive of Charles and David’s Koch Industries Michigan subsidiary, Guardian Industries, became a founding trustee of the Josiah Bartlett Center for Public Policy [JBC] in NH. Its mission was to advance many of the policies listed on David Koch’s platform of 1980. John Sununu, and later his son James, would chair the JBC board through today. Another of Sununu’s sons, Michael, would become a vocal climate denier and industry consultant. Still another, Senator John E. Sununu, would oppose the Climate Stewardship Act of 2003. But the Sununus were not coup leaders, just complicit.

BUILDING INFRASTRUCTURE FOR THE COUP


But let’s jump back to the Federalist Society. Its mission was succeeding. They were stacking the lower courts.?..Those justices hired young lawyers as clerks. From 1996-97, Thomas employed a Federalist Society clerk named John Eastman.


Twenty-three years later, Eastman would meet secretly with President Donald Trump. He would convince him that Vice President Pence could refuse to accept electoral college ballots on January 6. But back in 1999, Eastman became a senior fellow at the Claremont Institute. “The mission of the Claremont Institute is to restore the principles of the American Founding to their rightful, preeminent authority in our national life.”


Now we’re almost at the secret clubhouse of the coup. The Claremont Institute was run by a fellow regressive named Larry Arnn.(Photo below) In late 1999, Arnn was in the process of replacing the president of Hillsdale College because of a scandal that made national news. Hillsdale promotes conservative family values. Yet its leader was having an affair with his daughter-in-law. She committed suicide. Hillsdale was the central hub for Libertarian radicals so they needed a strong leader to pull them out of the mud.

Please read the rest of this fascinating post. There is one blatant error: she refers to “Clarence Thomas and Stephen Breyer” as Koch justices, but Breyer was a liberal justice appointed by Clinton. She must have meant the crackpot Alito.

This article in The Houston Chronicle is infuriating. The subtitle might well be, “If the state board turns you down, buy it.”

As I read it, I felt my blood was coming to a boil. This is a portrayal of tank corruption, corruption of education and corruption of the democratic process. The elected state board of education in Texas denied the charter application of four out of five charters. The charters struck back by dumping vast sums of money into the election for state board and electing hand-picked candidates to give them the approvals they wanted. As I have shown in previous posts, charter schools in Texas are generally low-performing and compare unfavorably to public schools,

The article begins:

The State Board of Education last month denied, for the third time, efforts to launch Heritage Classical Academy in Northwest Houston, a school designed as a conservative response to anti-racism, LGBT-inclusive sex education and other progressive themes in public schools.

But despite Heritage’s recent failure, its future — and that of other charter schools like it in Texas — looks bright.

The state’s fight over charter schools has bubbled slowly for decades since they were first authorized in the 1990s, with the state board standing as the main political roadblock to their expansion.

Now, as Republican lawmakers fight to restrict how teachers discuss social issues in the classroom and generally shift the education system more toward the right, their alliance with charter schools is stronger than ever.

A MOVEMENT: Trump-era rancor spills into Texas school board politics

So much so that three GOP members of the state board, who have sided with Democrats in voting against Heritage Classical Academy, won’t be therenext time — two were beaten in a primary after the family of Heritage’s board chairman donated $250,000 to a PAC supporting their opponents. The third was redistricted out of his seat by the Texas Senate.

Heritage, and other classical academies to come, can count on a more sympathetic board starting in January.

Matt Robinson, the Republican who lost his seat in redistricting — he says he had decided before then not to run for re-election anyway — called his ouster a testament to the power charter school advocates wield.

“There’s a whole pattern here of them really strongly exerting the influence that they have with our elected officials,” he said.

LIBRARY BACKLASH: Texas GOP’s book hunt mostly targets LGBT issues, not critical race theory

The pitch for classical education

Heritage is part of the Barney Charter School initiative, a national charter school movement to introduce a more conservative ideology in schools. The initiative was founded by Hillsdale College in Michigan.

The college doesn’t fund or govern schools directly, but provides curriculum and consulting. Dozens of schools have been started so far across the nation, including one in Gardendale, Texas. The schools serve nearly 15,000 students and 8,000 more on wait-lists.

Its “1776 Curriculum” for charter schools teaches that “America is an exceptionally good country” and includes comprehensive lessons about American history through a conservative lens, including descriptions of the New Deal as bad public policy and of affirmative action as “counter to the lofty ideals of the Founders.”

The wife of conservative Supreme Court Justice Clarence Thomas, Ginni Thomas — who reportedly lobbied to overturn the 2020 presidential election — is a former vice president at the college and ran its Washington programs.

Hillsdale is a nonsectarian Christian university with a mostly white student body that touts its role in the abolition movement of the 1800s, when Black activist Frederick Douglass spoke at the campus.

‘CRITICAL RACE THEORY’ IN SCHOOLS: Abbott signs law forbidding lessons on systemic racism

Across the country, only one Hillsdale-backed charter school serves a majority of economically disadvantaged students, and only two serve a majority of students of color, according to staff at the State Board of Education.

Heritage Classical Academy was voted down for the first time in 2020 by the board, several members said, because of the inclusion of “Brer Rabbit” books in its early grade curricula. The 19th century children’s story has been assailed by critics for promoting racist stereotypes and mimicking dialect used by African-American slaves.

The arguments for and against Heritage over the last few years have added up to more than the sum of their parts. When the board discussed it last month, conversations turned to how racism and slavery are taught, “inappropriate content in public schools,” alleged anti-Islamic Facebook posts made by a Heritage board member, the work experience of the proposed school leadership and more.

Aggressive lobbying from the Heritage board and its supporters also appears to have backfired, becoming a factor in the board’s decision this year to reject the charter.

After the board denied approval for the second time in 2021, Heritage Board Chair Stuart Saunders and his family donated more than $250,000 to a political action committee called Texans for Educational Freedom. That PAC then donate more than $500,000 to local school board races and other candidates who have promoted conservative themes in the schools.

The group donated in four State Board of Education races, including well over $100,000 total in the bids to unseat board members Sue Melton Malone and Jay Johnson, Republicans who opposed Heritage.

In their charter application filed with Texas Education Agency, Heritage reported 17 meetings with public officials ahead of the board’s decision last month, including a July 2021 meeting with TEA Commissioner Mike Morath and state Rep. Steve Toth, who penned the Legislature’s anti-critical race theory law. Signed a year ago by Gov. Greg Abbott, the law limits how public school teachers address systemic racism and the lingering impacts of slavery.

When it convenes in next year after this fall’s elections, the state board will be a more conservative body, with six new members.

“Clearly, (Saunders) was trying to use all his money to remake the SBOE, to buy it,” said Robinson, the board member from Friendswood who is losing his seat in redistricting. “When you really upset wealthy peoplethey don’t take that lightly.”

During an SBOE meeting, Robinson confronted Saunders — who is the chairman of SouthTrust Bank — saying that while Saunders’ donations were legal, they were unethical.

Saunders retorted: “Me and my family have a long history of supporting education initiatives. Part of our involvement includes a history of supporting public policy and education initiatives, and I did give some of my money to a PAC that is involved in education. Their website speaks of wanting to depoliticize the classroom, working to create strong local school boards and to root-out and eliminate sexually explicit materials that have found their way into our schools. And I support those initiatives.”

He said his son was assigned two “inappropriate” books in class, and though he confronted the school’s principal about them, only one of the books was removed from the curriculum.

Texas Ethics Commission records show that the PAC Saunders spoke of donated to SBOE races both before and after he and his family contributed money.

18,000 Texas students in classical schools

Over the last decade, the State Board of Education has generally been a chokepoint to charter school expansion. The board is given final veto power over charter applicants after they are approved by the TEA commissioner. Since 2017, TEA approved 35 schools, but the SBOE only allowed 23 to proceed.

Those who oppose charter schools typically do so because they say it weakens the structure of public education. Charter schools face less accountability than public schools, and when students flee struggling public schools for charters, the school districts lose out on the attendance-based funding they would have received from the state if the child was still a student.

“The idea of 95 percent of kids losing funding and programming and opportunities so that 5 percent can attend a private-light-school and parents aren’t paying a private school bill is just asinine to me,” said state board member Georgina Pérez, a Democrat who votes against all charter applicants.

The Republican-controlled Legislature has been pushing in the opposite direction. The last major change Republicans in Austin made to charter school law was removing the state board’s ability to approve expansions of existing charter schools, in 2013 paving the way for hundreds of new campuses. Charter enrollment has nearly doubled since, to 377,375 students (the state’s K-12 schools serve about 5 million children).

The total number of charter campuses has risen from 588 to 872.

“I always compare charter schools and how they expand to Gremlins if they eat after midnight. Tomorrow morning you’re going to wake up and you don’t know how many of them you’re going to have,” Pérez said.

There’s also an appetite particularly for “Classical” schools such as Heritage, of which there are already a number in Texas, including Aristoi Classical in Katy, the Great Hearts Texas schools, Founders Classical and Houston Classical. Their combined enrollment for the 2016-2017 school year was less than 7,500, and has more than doubled to 18,000, state data shows.

Charter school supporters and several members of the SBOE, they said they expect that another bill will be filed next year with renewed efforts to remove the state board’s authority to approve the schools, leaving the matter up to Education Commissioner Mike Morath, an appointee of Gov. Greg Abbott.

Some members of the state board added that Abbott lobbied their colleagues directly, asking them to approve Heritage’s application and other charter schools over the years.

“Historically it was, (the SBOE wasn’t) approving expansions fast enough, or enough, to keep pace with demand,” said Starlee Coleman, CEO of the Texas Charter Schools Association. “I would not be surprised one bit if a move were made to roll back the board’s authority, even farther.”

Charter school proponents point to a charter school wait-list in the state of more than 58,000 kids. They say families want more options and that public schools aren’t working for everyone. They point to data that show the large majority of charter students are children of color, and that their test scores are better than the public school averages.

“The statute is really clear about legislative intent is that there will be a robust and vibrant charter sector in Texas,” Coleman said. “if the state board can’t agree with that, then I don’t think state legislators feel very compelled to let them continue to be part of the process.”

edward.mckinley@chron.com

The subcommittee of the House Appropriations Committee in charge of education has paid attention to the scandals and closures that mar the charter industry. It issued the following legislative changes for the federal Charter Schools Program for fiscal 2023:

1. A cut in appropriations from $440 million to $400 million for new charters.

2. Eliminate federal funding to for-profit EMOs (education management organizations).

3. Support the U.S. Department of Education’s proposed regulations to provide accountability and oversight for the charter schools it funds.

4. Endorse ED proposal that new charters seeking federal funding analyze need and community impact.

5. Endorse ED proposal that new charters seeking federal funds demonstrate that they will be integrated, not segregated.

6. Note that 15% of federally funded charters either never opened or closed down before the grant ended, which shows why applicants must demonstrate need for their services.

Charter Schools Grants

The Committee recommends $400,000,000 for Charter School Program (CSP) Grants, which is $40,000,000 below the fiscal year 2022 enacted level and the fiscal year 2022 budget request.

CSP awards grants to SEAs or, if a State’s SEA chooses not to participate, to charter school developers to support the development and initial implementation of public charter schools. State Facilities Incentive Grants and Credit Enhancement for Charter School Facilities awards help charter schools obtain adequate school facilities. These programs work in tandem to support the development and operation of charter schools.

For-profit Entities.—The Department has long recognized the particular risks posed by for-profit education management organi- zations (EMOs). In response to a 2016 audit, the Department con- ceded to the Inspector General, ‘‘ED is well aware of the challenges and risks posed by CMOs and, in particular, EMOs, that enter into contracts to manage the day-to-day operations of charter schools that receive Federal funds. We recognize that the proliferation of charter schools with these relationships has introduced potential risks with respect to conflicts of interest, related-party trans-actions, and fiscal accountability, particularly in regard to the use of federal funds.’’ Since that initial acknowledgement by the Department regarding for-profit EMOs, the Committee has been made aware of concerning instances of criminal fraud, conflicts of interest, and inadequate transparency.

In addition, the Committee is deeply concerned that for-profit charter schools, including those run by for-profit EMOs, deliver concerning outcomes for students. A 2017 report from Stanford University’s Center for Research on Education Outcomes compared student performance at non-profit charters, for-profit charters, and traditional public schools and found that for-profit charters perform worse in reading, and significantly worse in math, than non-profit charters. In addition, the report found that for-profit charters per- form worse in math than traditional public schools.

That is why the Committee is strongly supportive of the Department’s proposal to prohibit Federal CSP funding from supporting for-profit EMOs through its notice published in the Federal Reg- ister on March 14, 2022 (87 Fed. Reg. 14197). The Committee in- cludes bill language codifying the prohibition to establish this precedent for fiscal year 2023 and for future years. Moving for- ward, the Committee urges the Secretary to work with Congress on efforts to fully phase out the concerning for-profit EMO sector. Such efforts could include reasonable transition periods that allow schools run by for-profit EMOs to shift to independent or nonprofit management. In the interim, the Committee is committed to con- tinuing its oversight of the for-profit EMO sector and ensuring fewer taxpayer dollars enrich for-profit EMO shareholders.

Defunct CSP Grantees.—The Committee is deeply concerned by the Department’s analysis that fifteen percent ofthe charter schools receiving CSP funding since 2001 have never opened or closed before their three-year grant period is complete, rep- resenting an unacceptable waste of at least $174,000,000 in tax- payer funds. Accordingly, the Committee is strongly supportive of the Department’s fiscal year 2022 CSP notice (87 Fed. Reg. 14197) that requires applicants to demonstrate local demand for new schools. The Committee rejects the premise that grant failure and school closure is the cost of doing business in CSP and welcomes reforms that will improve its performance.

GAO Mandate from House Report 116–450.—The Committee con- tinues to be supportive of GAO’s work on the mandate included in House Report 116–450 regarding the Department’s oversight over CSP and whether the program is being implemented effectively among grantees and subgrantees. The Committee is particularly in- terested in theissue of CSP-funded schools that eventually closed or received funds but never opened; the relationships between charter schools supported by CSP grants and charter management or- ganizations; and enrollment patterns at these schools, especially for students with disabilities. Inaddition, the Committee is interested in recommendations on potential legislative changes to the program that would reduce the potential for mismanagement and inef- fective operations.

Oversight from the Office of Inspector General.—The Committee continues to support efforts by the Department’s Office of Inspector General (OIG) to examine grantee administration of Replication and Expansion Grants, including charter management organization grantees. The Committee also supports the OIG’s efforts to evalu- ate whether the Department adequately monitored grantees’ per- formance and uses of funds for CSP competitions.

Students with Disabilities and English Learners.—The Com- mittee encourages the Department to continue including in their evaluation of State CSP grants the extent to which State entities are utilizing the seven percent of funding received under the pro- gram to ensure that charter schools receiving CSP grants are equipped to appropriately serve students with disabilities and, by extension, prepared to become high-quality charter schools. In ad- dition, the Committee urges the Department to ensure subgrantees are equipped to meet the needs of English learners. The Committee directs the Department to provide an update on these efforts in the fiscal year 2024 Congressional Budget Justification.

Charter School Effects on School Segregation.—The Committee is concerned by findings from a 2019 Urban Institute report which concluded that growth in charter school enrollment increases the segregation of Black, Latino, and white students. To address this concern, the Committee urges the Department to give priority to applicants thatplan to use CSP funds to operate or manage char- ter schools intentionally designed to be racially and socioeconomically diverse.

The Committee is strongly supportive of proposed requirements in the Department’s fiscal year 2022 CSP notice (87 Fed. Reg. 14197) that grantees show that they will not exacerbate school seg- regation. Accordingly, the Committee urges the Department to ex- amine the merits of diversity reporting that compares demographic data ofgrantees to that of local districts. The Committee directs the Department to share its assessment of CSP diversity reporting, along with any prospective plans for implementation, in the fiscal year 2024 Congressional Budget Justification.

Maurice Cunningham is a political scientist who recently retired from the University of Massachusetts. He recently published Dark Money and the Politics of School Privatization.

When he learned that the U.S. Department of Education had included the National Parents Union on its list of parent organizations advising the Department, he wrote the following letter to Secretary Cardona:

June 28, 2022

Secretary Miguel Cardona
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202

Dear Secretary Cardona,

The Department of Education has made a significant error in including the National Parents Union among the groups invited to participate in the National Parents and Families Engagement Council. NPU does not represent parents and has few if any parent organizations as members. It is a front operation for the policy preferences of wealthy individuals who wish to transform American education to meet their ideological preferences, political goals, to keep their own taxes low, and to profit off what Rupert Murdoch has termed a $500 billion market.

I am very familiar with National Parents Union. As a recently retired professor of political science at the University of Massachusetts at Boston and the author of Dark Money and the Politics of School Privatization (New York: Palgrave Macmillan, 2021) I have been researching groups like NPU since 2015 and continue to do so.

Since NPU is related to a group I was already following named Massachusetts Parents United (the leader of both groups is Keri Rodrigues) I took note when a concept paper for the new group surfaced in April 2019, appealing to the Walton Family Foundation for funding (WFF is the primary sponsor of MPU, over $2.2 million from 2017 through 2020). The concept paper listed three goals. First, to impact the 2020 Democratic Party nominating process. Second, to support “dozens of organizations (that) are building strong pockets of parent power.” Third, “to take on the unions in the national and regional media, and eventually on the ground in advocacy fights.”

National Parents Union does not now and never has published a list of its member parent organizations. However I researched this question for my book based upon organizations NPU was claiming as participants to its January 2020 founding convention, primarily in claims made on Twitter and other social media. On its website NPU was claiming to be “a network of highly effective parent organizations and grassroots activists.” I collected seventy organizations or activists that seemed to be part of an organization. I created categories for different types of organizations and was able to categorize 64 of the 70 organizations. Only four of them even purported to represent parents. There were 15 charter school organizations and nine charter school trade organizations. There were another 15organizations I categorized as education options/choice, groups which present as helping navigate among different schools but which are designed to funnel students to charter schools. That makes 39 organizations tied in to the charter schools industry. There are nineteen organizations I identified as “civic” and some I could further identify, for instance civic/Latinx, civic/civil rights, civic/autism, etc. Within the civic groups that could be identified, there were four I categorized as civic/parents.

I was able to locate primary state locations for 53 of the 70 organizations. Of those I could place in states, there are 22 states represented plus the District of Columbia. The Massachusetts parent organization was MPU, the Walton operation. The Minnesota parent organization incorporated about the same time as NPU did. The other two parent organizations were also doubtful.

NPU’s arrival was announced in a January 2020 story in U.S. News and World Report, heralding “Two Latina mothers from opposite sides of the country” starting a parents group to “disrupt” education. One founder, Alma Marquez of California, disappeared from the organization about 8 months later. Ms. Rodrigues, known in her days as a radio host in the heavily Portuguese city of Fall River as the “pint-sized Portuguese pundit” remains.

Even with Ms. Marquez gone it is difficult to sort out NPU’s real leadership. At the January 2020 meeting Ms. Marquez was elected to a three year term as secretary-treasurer. She was a director in filings with the Massachusetts Secretary of State but left by March 2021. In March 2021 the National Parents Union website listed three board members: Peter Cunningham, Bibb Hubbard, and Dan Weisberg. But NPU registered as a 501(c)(3) non-profit corporation with the Secretary of State in Massachusetts where its annual report filed November 1, 2020 showed two directors: Keri Rodrigues and Tim Langan. The Secretary filings listed Ms. Rodrigues as president and clerk and Tim Langan as treasurer (he was chief operating officer on the website). In January 2020 Gerard Robinson was also listed as a founding director, but he left a year later. Ms. Hubbard is also gone and filings with the Secretary have been updated but still do not match the website.

Of the founding directors and officers, Mr. Cunningham, Ms. Hubbard, Mr. Weisberg, Ms. Marquez, and Ms. Rodrigues all were communications professionals or had significant experience in public relations. Ms. Rodrigues, always billed as a parent activist, has been a communications professional for nearly a quarter of a century, since commencing her career with CBS Radio in 1998 while completing her 2000 BS in Broadcast, Telecommunications, and Media Management from Temple University. Since 2014 she has been executive vice president – strategy and communications for Democrats for EducationReform in Boston, state director of Families for Excellent Schools, president of the IRC 501(c)(4) Massachusetts Parent Action and 501(c)(3) Massachusetts Parents United, and president of IRC 501(c)(3) National Parents Union. Corporate records indicate that she and Mr. Langan (to whom she is engaged) are the principals of the Estrella Group LLC, a political consultant firm. Across the two state and one national organizations they paid themselves over $626,000 in 2020—an atypical income for working parents.

NPU has a page where one can “find your delegate.” Delegate suggests that someone has been chosen by others to represent them. But I cannot find where NPU explains what their delegates do and it appears that delegates are not chosen by parents (or the mostly non-existent parent organizations) but from the top down, by NPU itself. For example in Massachusetts—the corporate headquarters of NPU and MPU—when NPU wanted to find a state “delegate” it advertised for someone to become “an official Massachusetts delegate” on Twitter!* (* indicates material in Addendum).

No, National Parents Union is not about parents at all.

To understand NPU, follow the money. The Walton Family Foundation funneled $400,000 to NPU in 2020 through MPU.The Vela Education Fund, a joint venture of the Walton Family Foundation and the Charles Koch Institute, invested $700,000.The CEO of Vela is an oil and gas executive from Koch’s corporate holdings. Other donors include the Eli and Edythe Broad Foundation, the Michael and Susan Dell Foundation, the Bill and Melinda Gates Foundation, and The City Fund, which receives funding from the Waltons, the Hastings Fund, and the Arnold Foundation. Reed Hastings has called for the abolition of school boards. John Arnold is most well-known for his campaign to gut workers’ pension plans.

Most parents have taken tickets at the high school football game or baked goods to be sold at intermission of the school play. Not many have started a little parents’ organization that collected $1,481,110 in its first year. NPU paid out $400,461 in grants and had a payroll of $634,273. In October 2021 the Chan Zuckerberg Initiative announced a grant of $1,500,000 to support NPU—an organization that had not existed less than two years before. Also in 2021 the Silicon Valley Community Foundation donated $1,500,000 to NPU. SVCF is a donor advised fund, a pass through that protects the identity of the ultimate check writer. It’s deep dark money—the true source of the $1,500,000 will never be known. But it isn’t parents.

Small wonder then that since its inception NPU has retained the services of top conservative and Walton Family pollster Echelon Insights and the international communications firm Mercury LLC. Just like any other infant parents group.

NPU affects a different posture than recently founded “parents” operations that have attacked Critical Race Theory and LGBTQ youth. NPU purports to speak up for people of color (as did Families for Excellent Schools, which was driven by the Waltons and wealthy Wall Streeters). Scratch the surface though and NPU’s billionaire-driven agenda appears. NPU has been happy to surf on the turmoil created by right wing attack groups with its own “Disrupt the Status Quo—School Board Edition” campaign, and after the victory of Glenn Youngkin in Virginiaoffered by tweet to work with Leader Kevin McCarthy and the House Republicans on a Parents Bill of Rights. Ms. Rodrigueshas appeared at a forum organized by Betsy Devos’s American Federation for Children and just recently on a panel with Governor Youngkin’s Secretary of Education. In a Twitter exchange with a friendly journalist who was doubting the level of “School Board Chaos” being created by right wing groups, she responded “Depends on the type of chaos we are talking about.”*

That remark may help illuminate a paradox of the recently contrived “parents” movement: why is Charles Koch funding both the “progressive” NPU and the white backlash Parents Defending Education? And the answer is that both groups are designed to create chaos in the public education system. Chaos is the product.

As a “parent” group NPU is mostly distinguished by a lack of parents. It will produce polling information but as you understand interest group polling is going to show what the interest group wants you to see. NPU has had substantial media success—with the New York Times, Washington Post, New Yorker, and Fox—but it’s worth asking yourself: how do two moms on opposite coasts afford Mercury LLC to run communications?

DOE should be working with real parents, not billionaire directed right wing fronts masquerading as parents. If the department wishes to hear the viewpoints of the Waltons, Gates, Koch et al., heavens knows they have access to key policy makers. DOE should not permit them to sneak in the door masquerading as parents.

Sincerely,

 

Maurice T. Cunningham

 

 

Jan Resseger has established a reputation for writing well-researched, fearless articles about unjust education policies. In this post, she reviews a new book about the roots of corporate education reform. I have already ordered it.

She writes:

I remember my gratitude when, back in 2010, I sat down to read Diane Ravitch’s The Death and Life of the Great American School System, which connected the dots across what I had been watching for nearly a decade: the standards movement, annual standardized testing, the operation of No Child Left Behind’s test-and-punish, Mayor Bloomberg’s promotion of charter schools in New York City, and the role of venture philanthropy in all this.

Now over a decade later, many of us have spent the past couple of months worried about pushback from the charter school sector as the the U.S. Department of Education has proposed strengthening sensible regulation of the federal Charter Schools Program. We have been reminded that this program was launched in 1994, and we may have been puzzled that a federal program paying for the startup of privately operated charter schools originated during a Democratic administration.

Lily Geismer, a historian at Claremont McKenna College, has just published a wonderful book which explains how the New Democrats—Bill Clinton, Al Gore, and the Democratic Leadership Council—brought a political and economic philosophy that sought to end welfare with a 1996 bill called the “Personal Responsibility and Work Opportunity Reconciliation Act” and envisioned privately operated charter schools to expand competition and innovation in the public schools as a way to close school achievement gaps. Geismer’s book is Left Behind: The Democrats’ Failed Attempt to Solve Inequality. The book is a great read, and it fills in the public policy landscape of the 1990s, a decade we may never have fully understood.

In the introduction, Geismer explains where she is headed: “Since the New Deal, liberals had advocated for doing well and doing good. However, the form of political economy enacted during the new Deal and, later, the New Frontier and Great Society understood these as distinct goals. The architects of mid-twentieth century liberalism believed that stimulating capital markets was the best path to creating economic growth and security (doing well). The job of the federal government, as they saw it, was to fill in the holes left by capitalism with compensatory programs to help the poor, like cash assistance and Head Start, and to enact laws that ended racial and gender discrimination (doing good). In contrast, the New Democrats sought to merge those functions and thus do well bydoing good. This vision contended that the forces of banking, entrepreneurialism, trade, and technology… could substitute for traditional forms of welfare and aid and better address structural problems of racial and economic segregation. In this vision, government did not recede but served as a bridge connecting the public and private sectors.” (p. 8)

Geismer devotes an entire chapter, “Public Schools Are Our Most Important Business,” to the Clinton administration’s new education policy. She begins by telling us about Vice President Al Gore’s meetings with “leading executives and entrepreneurs from Silicon Valley. The so-called Gore-Tech sessions often took place over pizza and beer, and Gore hoped for them to be a chance for the administration to learn from innovators of the New Economy…. One of these meetings focused on the problems of public education and the growing achievement gap between affluent white suburbanites and students of color in the inner city…. The challenge gave venture capitalist John Doerr, who had become Gore’s closest tech advisor, an idea… The tools of venture capital, Doerr thought, might offer a way to build new and better schools based on Silicon Valley’s principles of accountability, choice, and competition… Doerr decided to pool money from several other Silicon valley icons to start the NewSchools Venture Fund. NewSchools sat at the forefront of the concepts of venture philanthropy. Often known by the neologism philanthrocapitalism, venture or strategic philanthropy focused on taking tools from the private sector, especially entrepreneurialism, venture capitalism, and management consulting—the key ingredients in the 1990s tech boom—and applying them to philanthropic work… Doerr and the NewSchools Fund became especially focused on charter schools, which the Clinton administration and the Democratic Leadership Council were similarly encouraging in the 1990s.” (pp. 233-234)

As she explains, the Clinton administration bought the idea that charter schools would be an effective way to end poverty. It encouraged the growth of the charter sector, not realizing that it was creating an industry that would fight accountability, lobby for more federal funding, and ignore frequent scandals and frauds.

It is a cautionary tale that reminds us that the best way to fight poverty is to raise incomes, create jobs, and support labor unions that will defend the rights of working people and advocate for higher wages and benefits.

Friends in Oklahoma sent the charging document that lays out the evidence against the founders of the Epic Charter School. They are accused of skimming off millions of dollars. The charging document explains how they did it.

Is this happening in your state? The biggest charter frauds seem to occur in virtual charters like the A4 scam in California, which siphoned off hundreds of millions of taxpayer dollars before it was discovered.

The New York State Board of Regents recently decided to permit the Ember Charter School in Brooklyn to expand and add a high school. Charter schools get permission to grow if they have demonstrated success. Gary Rubinstein checked state data and found that Ember’s greatest “success” was getting rid of students by attrition.

The Regents must know this too. Why did they vote to expand a failing charter school?

Rubinstein writes:

Currently there are 267 charter schools in New York City. In New York State the charter ‘cap’ is 460, though the cap for New York City is 267 so as of right now, no new charters can open in New York City.

Charter school supporters often complain that the cap needs to be lifted or that some of the out of NYC charter slots could be given to New York City. But there are two ways that charters can get more students even without lifting the cap. The most obvious way is for charters to reduce their attrition rates. So a network like Success Academy has about 40,000 students right now. But about 75% of their students who start in kindergarten don’t make it to graduation. Success Academy could probably increase their population to 70,000 if few of their students weren’t on the official or unofficial ‘got-to-go’ list. The other way to evade the cap is for existing charter schools to expand into more grades.

Ember charter school is a K-10 school that currently has 568 students. They were recently permitted to add high school grades based, in part, on the school’s ability to raise test scores. If you go to their website you will see a very impressive looking graph:

The light green line shows the percent of their first cohort’s math percent passing the state test from grade 3 to grade 7. It went from 28% in grade 3 down to 23% in grade 4 and then again to 14% in grade 5 Then an amazing reversal occurred and in 6th grade they shot up from 14% up to 56% and the next year they had 82% passing in grade 7. It seems to be an incredible turnaround from 14% to 82% in just 2 years.

When faced with a miracle statistic like this, there are two questions that cross my mind. The first thing I wonder is how much of this growth is based on attrition. The second is whether they were able to replicate this success for their other cohorts.

For that first cohort who finished 7th grade in 2018, I found on the New York State data site that this cohort once had 60 students when they were in first grade. By the time they got to the miracle 2017-2018 year where they got 82% passing the math test, they were down to just 28 students. Here is a graph of their percent passing math and their cohort size on the same graph.

As you can see, the two graphs are practically mirror images of each other. When they were 3rd graders, 16 out of 57 was 28%. When they were in 7th grade, 23 out of 28 was 82%. So basically they got 7 more kids to pass the test.

I made a similar chart for the second and third cohorts. The second cohort had similar attrition, they went fro 71 students down to 37 between 4th grade and 7th grade but they did not get the 82% passing by 7th grade. They only got to 43% passing, even with the nearly 50% attrition.

The third cohort was the lowest performing of all. They had almost no attrition, keeping around 65 students throughout. They only had 6% of that cohort passing in both 3rd and 4th grade. And by 6th grade they were up to 23%, well below the district.

So just like so many other charter schools, when they can’t cheat by booting out their students, their test scores are nothing special. How they get permission to expand is definitely a scandal.