Archives for category: Charter Schools

A former Republican State Senator and the former State Auditor, a Democrat, wrote to argue on behalf of reforming the charter school law.

Bernie O’Neill (R-29, Bucks) is a former special education teacher for more than 25 years and a 16-year former member of the Pennsylvania House of Representatives.

Eugene DePasquale is former Auditor General of Pennsylvania and former member of the state General Assembly, (D-95, York). He presently serves as a Resident for the Keystone Center for Charter Change at the Pennsylvania School Boards Association.

They wrote:

Our roles as former elected officials from both of the major political parties have given us unique perspectives into not only Pennsylvania’s political process, but also its public education system, particularly charter schools.

Charter schools in the state have grown tremendously in the 24+ years in which they have existed. It is estimated that nearly 170,000 children will attend a brick and mortar or cyber charter school in the current school year and that Pennsylvania taxpayers will spend an estimated $3 billion to fund charter schools.

Despite being in operation for more than two decades, Pennsylvania’s Charter School Law (CSL) has never undergone any significant revision, other than allowing the creation of cyber charter schools in 2002, even though there are numerous glaring problems with the law. That’s not because the General Assembly hasn’t studied and introduced a myriad of legislative proposals each year to enact meaningful reforms. However, the state’s legislative body seems to be unwilling or unable to fix the problems.

Reforming the CSL should be a bipartisan issue. At its core, charter school reform would 1) ensure that public education funds are spent efficiently and appropriately; 2) that charter schools are as accountable and transparent as other public schools; and 3) preserve and strengthen educational choice by bolstering the law to ensure only quality charter school options are available to students and families.

Choice in public education is well-established in Pennsylvania. However, the status quo results in taxpayers sending hundreds of millions of public education dollars more than what charter schools need to provide an education. This is especially true for cyber charter schools, which do not maintain a physical school building and for all charter schools when it comes to well-documented overpayments for special education services. There’s a word for this type of spending – wasteful. And residents across the state feel the impact of these overpayments when their local school districts are forced to raise property taxes because of these costs.

Charter schools are supposed to be public schools. However, the boards that operate charter schools are not elected and are not required to include any representation from the community which they serve. Further, charter schools can contract with for-profit companies to run virtually all operations of the school. Once a charter school enters into one of these contracts, the public loses the ability to see how their money is being spent.

For years, proficiency on state assessments and graduations rates at charter schools have, on average, been substantially lower than those of traditional local public schools. While there are many high-performing charter schools, the current CSL makes it very difficult to close poor performers. Look no further than the fact that every cyber charter school has been identified by the state Department of Education as being in need of improvement for many years.

The bottom line is this: we owe it to our children and to the taxpayers to make sure that we are doing everything possible so that students are getting the best education available and that we are getting the best return on investment for our tax dollars. That’s something that all legislators should be able to support no matter which side of the aisle they’re on.

It is time to end the paralysis in Harrisburg, stop the practice of passing off charter school expansion proposals that fail to address serious funding flaws and contain little accountability as real reform, and finally work in a bipartisan manner to fix the law.

A federal court in North Carolina ruled against a charter school that required girls to wear dresses.

The charter school claimed it was not subject to federal laws against discrimination because it is not a “state actor.” Charter schools frequently claim they are not “state actors” when they violate civil rights laws or labor laws, but simultaneously say they are public schools.

An en banc federal appeals court ruled Tuesday that a public charter school in North Carolina violated the equal protection clause when it required girls to wear skirts.

The full 4th U.S. Circuit Court of Appeals at Richmond, Virginia, ruled against Charter Day School Inc. in a June 14 decision. Judge Barbara Milano Keenan wrote the majority opinion.

The Charter Day School required girls to wear skirts, jumpers or skorts based on the view that girls are “fragile vessels” deserving of gentle treatment by boys, the appeals court said.

The school had argued that the school is not a state actor subject to the Constitution, and that the federal law banning discrimination on the basis of sex in education programs did not apply to dress codes.

The appeals court ruled against the school on both arguments.

The 4th Circuit decision is the first by a federal appeals court to recognize that charter schools receiving public funds must abide by the same constitutional safeguards as traditional public schools, according to a press release by the American Civil Liberties Union.

The en banc court and a prior 4th Circuit panel agreed that sex-specific dress codes may violate Title IX of the Education Amendments of 1972. But the en banc court went further than the panel when it ruled that the charter school violated the equal protection clause

The school founder had said skirts embody “traditional values” and preserve “chivalry” and respect. Chivalry, the school founder said, is a code of conduct in which women are “regarded as a fragile vessel that men are supposed to take care of and honor.” School board members agreed with those objectives, including the goal of fostering “traditional roles” for children.

“It is difficult to imagine a clearer example of a rationale based on impermissible gender stereotypes,” the appeals court said.

Nine judges agreed with the opinion. Six dissented, in whole or in part, on the grounds that charter schools are not state actors.

None of the perpetrators of the largest charter scam in history will serve a day in prison

The Voice of San Diego calls the A3 scam “one of the largest” scams in history but I don’t know of any that scored more taxpayer dollars than A3.

A poor person would get jail time for stealing $500 or a car. These guys stole hundreds of millions and they got home detention.

The story of the A3 online charter school empire is one of the largest charter school scandals in U.S. history. The scam had several angles, the most lucrative of which involved enrolling thousands of students who never took any classes, as Voice previously reported.

A3’s 19 online charter schools raked in roughly $400 million from the state between 2015 and 2019. Sean McManus and Jason Schrock, the ringleaders, funneled some $80 million of that money into companies they controlled. Nine other people – including key lieutenants, an accountant and two former superintendents – were also charged for playing a role in the scheme to steal public funds.

Despite such an unprecedented theft, not a single person involved in the A3 case will spend a day behind bars. McManus and Schrock were both sentenced to four years – but both have already been in ankle monitors, on home confinement. They both will get credit for time served. Several other key players had their felonies reduced to misdemeanors and two defendants essentially had their charges dropped for cooperating in the investigation…

Prosecutors weighed “multiple factors including accountability, restitution and early acceptance of guilt” in resolving the case, wrote Steve Walker, the spokesman, in an email.

Walker called the resolution of the case “just” and pointed to “the unprecedented return of more than $240 million from the hands of the defendants back to those it was originally intended for, helping K through 12 students in the state.”

The leaders of the A3 grift were Sean McManus and Jason Schrock.

McManus worked in the charter school industry for several years before he opened 19 online charter schools with Schrock. A3’s first school was authorized by Dehesa Elementary School District in East County. Dehesa only had around 150 students at the time. And yet McManus and Schrock’s school went onto enroll many thousands of students. That’s because an online charter school can draw students from the county it is located in, as well as each adjoining county.

The central component of the A3 scam involved enrolling students, who never actually took any classes, into A3 schools. To boost A3’s head count, enrollment workers would approach summer athletic programs. The enrollment workers would get each summer athlete to sign what’s known as a master agreement. That master agreement would un-enroll each student from their normal school and into an A3 school for the summer. For each summer student A3 brought in several thousand dollars. Schrock and McManus paid a commission to each of their enrollment workers and gave a so-called donation, based on the number of players that signed up, as an incentive to each athletic program.

Another part of the scam involved working with private schools. A3 would approach, for instance, a small Catholic school. The students at the school would be added to A3’s attendance rolls. The state’s public education system would dispense money to A3 for each of those students. A3 would then give some of that money to the private school – some of them were struggling financially – and pocket the rest.

McManus was charged with multiple crimes that added up to as many as 40 years in prison. In the end he pleaded guilty to two counts of conspiracy to steal public funds and was sentenced to four years in state prison. He waived his rights to any revenue connected to the charter schools or any connected business, paid roughly $19 million in fines and had his 401(k) seized…

Schrock calls himself an “Educational Business Leader” on his LinkedIn profile. He lists himself as CEO of Learning Re: Defined, “a Christian company of educational leaders and program developers who cultivate and provide training modules and curriculum built to meet client needs,” according to the company’s Facebook page.

Schrock, who also faced multiple charges with a maximum penalty of roughly 40 years in prison, pleaded guilty to one count of conspiracy and one charge of breaking state conflict of interest laws. He spent 1,506 days in an ankle monitor and was credited with time served. He also paid roughly $19 million in fines and will also serve three years probation.

The article describes the other leaders of the scheme. Open the link and read about them.

.

For several years, I have sponsored an annual lecture series about education policy at Wellesley College, my alma mater. We have had a number of distinguished speakers, including Pasi Sahlberg, Yong Zhao, Andy Hargreaves, and Eve Ewing.

This year, the invited speaker was Dr. Helen Ladd, one of the nation’s most eminent economists of education. Dr. Ladd is the Susan B. King Professor Emerita of Public Policy and Economics at Duke University. She graduated from Wellesley in 1967, earned her M.A. at the London School of Economics and her Ph.D. from Harvard University. She has written extensively about school finance, equity, choice, and accountability.

Dr. Ladd discussed how charter schools disrupt good education policy.

Perhaps you remember the A3 charter scam in California. The online charter chain managed to collect hundreds of millions of dollars from the state for ghost students. Its leaders were eventually arrested, charged, and convicted. They are still repaying their ill-gotten gains.

Kristina Taketa of the San Diego Union-Tribune reports that the latest installment of their restitution was $18.8 million.

She writes:

An additional $18.8 million has been paid to San Diego County as restitution for the statewide A3 charter school scam in which the state was defrauded of hundreds of millions of school dollars, the San Diego County District Attorney announced Wednesday.

Sean McManus of Australia, along with Jason Schrock of Long Beach, led a statewide charter school scheme from 2016 to 2019 in which they used a network of mostly online charter schools to defraud the state of approximately $400 million and used $50 million of that amount for personal use. They did so by falsely enrolling students and manipulating enrollment and attendance reporting across their schools to get more money per student than schools are supposed to, prosecutors said.

In total, about $240 million of the $400 million has been recovered. The District Attorney’s Office said it is not trying to get back all of the $400 million because some of the money ended up going to noncriminal actors, such as teachers, youth programs and others, who provided services for the A3 schools and who did not know the money was obtained illegally.

Of the $240 million that has been recovered, about $95 million has been returned to the state treasury, with an additional $90 million expected to be returned to the state within the next few months.

Debbie L. Sklar of the Times of San Diego provided more details on how the scam worked.

More than $37 million in fines has been paid to San Diego County as part of a court judgment stemming from a charter school fraud scheme that took millions in public school funds and led to criminal charges against 11 people, the San Diego County District Attorney’s Office announced Wednesday.

The total fine amount includes $18.75 million recently paid by Sean McManus, CEO and president of A3 Education, who pleaded guilty to stealing more than $50 million in public funds and was sentenced to four years in prison.

Prosecutors say McManus and co-defendant Jason Schrock directed subordinates to open up 19 “A3 charter schools” in San Diego County and elsewhere across the state, and collected state funds by alleging students were enrolled in programs run by the schools.

The District Attorney’s Office, which called the case “one of the nation’s largest fraud schemes targeting taxpayer dollars intended for primary education,” said the men paid for student information and used the info to enroll children in summer school programs at their online campuses. Prosecutors say some parents were unaware their children were enrolled in a charter school at all.

The defendants then took measures to inflate the amount of money the state paid the charter schools by falsifying documentation, which included backdating documents to indicate that students were enrolled in the charter schools for longer than they were or switching students between different A3 schools to increase funding per student or per school beyond legal limits, prosecutors said.

The perpetrators were very clever and very, very rich until they were caught.

In a curious coincidence, I had breakfast at a hotel in January 2019 in Newport Beach, California, with a friend. At the table next to us sat a man and woman discussing education and a business transaction. I tried not to eavesdrop, yet found myself fascinated by the curious combination of topics. As they got up to leave, I stopped the man and said, “Excuse me, but I wonder if you are in the charter school business.” He responded, “Yes, I am Sean McManus, and I run a chain of charter schools.” The boom fell not long after.

Another fine piece by Jan Resseger about the sorry state of politics in Ohio, where the Legislature ignores pressing problems, but passes bills for spite and political gain.

She begins:

In its legislative update last Friday, Honesty for Ohio Education reported: “It was an appalling and heartbreaking week in the Statehouse as Ohio legislators passed two bills to arm school personnel and ban transgender girls in female sports, and held hearings for bills censoring education about race, sexuality, and gender and banning gender-affirming healthcare for minors.”

The Plain Dealer’s Laura Hancock explains how, without a hearing, the House banned transgender girls from female sports when legislators added the amendment to another bill: “The Ohio House passed a bill shortly before midnight Wednesday, the first day of Pride Month, with an amendment to ban transgender girls and women from playing high school and college women’s sports… As originally introduced, HB 151 would change the Ohio Resident Educator Program, which assists new teachers with mentoring and professional development as they begin their careers… But on the Ohio House floor late Wednesday night, Rep. Jena Powell, a Darke County Republican, offered an amendment to the bill, which a majority of the house accepted…. House Bill 151 passed 56 to 28 with Democrats voting in opposition. It now heads to the Ohio Senate, which is in summer recess and won’t return until the fall.”

A big part of our problem in Ohio is a long run of gerrymandering—leaving both chambers of our state legislature with huge Republican supermajorities. A committee of legislators from House and Senate were charged to create fair and balanced legislative district maps. The Ohio Redistricting Commission spent the winter and spring redrawing the maps, which were rejected five times by the Ohio Supreme Courtbecause a Court majority found the new maps gerrymandered to favor the election of Republicans. At the end of May, however, a federal district court ruled that the state must end the battle over gerrymandering by using maps—for this year’s August primary and the November general election—which were rejected twice in the spring by the state’s supreme court because they favor Republican candidates.

Citizens in a democracy are not supposed to be utterly powerless, but that is how it feels right now in Ohio.

The legislature also passed bills to increase school privatization, despite the woeful performance of charter schools and vouchers. The 90% of students in public schools will suffer so that the failing charter schools and vouchers may thrive, at least financially.

Maurice Cunningham is a specialist on dark money and its infiltration into education debates. As he watched the response to the Uvalde massacre of babies, he noticed the missing voices of the “mama bears.”

He writes:

Right Wing “Mama Bears” Hibernate on Uvalde

They’re fearless on Fox News—Tiffany Justice of Moms for Liberty, Erika Sanzi or Nicole Neily of Parents Defending Education, Keri Rodrigues of National Parents Union—self-proclaimed “mama bears” fiercely protecting their cubs from a public school education. But murder and traumatization in our schools caused by assault weapons? The mama bears hibernate. And there’s reason.

Parents for Education has had nothing to say about Uvalde but it has sent out four email blasts from Neily and Sanzi since the massacre in Texas—fundraising letters! They playact rage about a legal theory not taught in K-12 and promote terror of innocentLGBTQ teens. But on real terror, silence. This is defending education?

Moms for Liberty mustered a quick Facebook reaction of the ‘thoughts and prayers’ genre then went back to its specialties: demonizing vulnerable transgender children, book banning, and putting bounties on teachers’ heads.

Right wing papa bears are absent fathers on gun violence. Take Ian Prior of the Virginia privatization operation Fight for Schools. He plays an outraged parent on Fox News but this Republican communications pro isn’t touching any fight for schools that might involve making them safe for educators and children.

None of these individuals nor their phony parent groups can diveinto the fight to keep guns out of our schools for a simple reason: they are dependent on far right funding including the Koch network and the extremist Council for National Policy. Among the CNP’s members are Wayne LaPierre, executive vice president and CEO of the National Rifle Association.

No, there will be no criticism of the NRA from these “parents’ and “moms.” That would not only be condemning an ally, it would be spitting in the faces of the money givers.

National Parents Union, Koch and Walton funded, has a separate problem. NPU depicts itself as representing people of color, an approach that masks its corporate nature. So NPU president Keri Rodrigues produced a public letter to President Biden, laying much of the blame for inaction on Biden himself—a curious position for a member of the Massachusetts Democratic State Committee. As to denouncing Republican intransigence to any action on gun safety? Speechless.

NPU, a charter and privatization front, is fighting the Biden administration on regulation of charter schools. Privatization schemes are almost wholly dependent on Republican votes.

Real mama bears fight for kids, not oligarchs.

These groups aren’t speaking out because they can’t. They’re part of the problem. Follow the money.

Maurice T. Cunningham is author of “Dark Money and the Politics of School Privatization.”

Denis Smith retired from the Ohio Department of Education, where he worked in the charter school office and saw fraud after fraud. Ohio’s charter schools (which the state calls “community schools,” which they are not) are unusually low-performing; a large number are failing schools.

Smith wrote about the scandalous selection of the new state superintendent in the Ohio Capital Journal.

Smith writes:

At its May meeting, the State Board of Education voted to employ Steve Dackin as Ohio’s new Superintendent of Public Instruction. But the hiring of the veteran school administrator has raised some concerns that require further reflection.

The state board’s decision occurred in the middle of National Charter Schools Week and prompted questions about the processes used in the appointment and the search that led up to the board’s action.  

To those familiar with the behavior of some charter school boards, where the members are usually hand-picked by the school’s operating company and where tales of conflicts of interest and self-dealing are legion, the state board’s action will need to be more closely examined lest it acquire the same reputation of so many conflicted charter school boards.

In covering the search process and appointment of a new state superintendent of schools, the Cleveland Plain Dealer summarized the situation succinctly:

“Steve Dackin was vice president of the State Board of Education and led the search for a vacant superintendent position before resigning and applying for the job three days later. The deadline to apply was the following day.”

You don’t have to read that Plain Dealer paragraph again to realize there was something wrong in the practices of a state board that allowed a board member to conduct the search for a superintendent, resign so that he could apply at the deadline for the position, add his resume to those already received from other candidates, and then months later be hired for the very position he oversaw as vice president of the board and head of the search committee that was charged with filling the position.

If a public board is concerned about optics, its actions might demonstrate that in addition to suffering from myopia, it’s also tone deaf as shown by its hiring of the new state superintendent.

Catherine Turcer, who directs Common Cause Ohio, an organization which promotes “transparency and accountability in government,” also examined the process that led up to Dackin’s candidacy and had concerns.

“The thing that’s important about this is that we have as much transparency as possible so that we can understand what happened and whether he was attempting to get himself the job inappropriately,” she said. “Right now, we have a lot of questions and things look odd. It’s not enough to do the pro forma, ‘I put my resignation in before I applied.’ You dotted one ‘i’ but what about all the ‘t’s?’ she told the Plain Dealer.

The appointment of a new state superintendent during National Charter Schools Week drew praise from the state charter school lobby, including kind words from the Thomas B. Fordham Institute, an organization that promotes these publicly funded, privately operated, underregulated entities and, like the schools it promotes, is conflicted in its purposes. That makes Fordham a comfortable and perfect fit in the midst of charter world.

The conflict that is Fordham was described last year in the Ohio Capital Journal. Fordham serves simultaneously as a charter school authorizer, promoter, and so-called “think tank,” crafting studies that unsurprisingly promote public school privatization, which it calls school choice. But with all of its “think tank” research, apparently Fordham hasn’t studied one of the major design flaws in charter schools. 

That flaw doesn’t allow the democratic election of board members by qualified voters in a community. Instead, in many instances we have seen self-dealing by hand-picked board members, conflicts-of-interest by operators, and all of the ethical issues that surround organizations that are not fully transparent in their operations. 

The most classic example of this was seen several years ago, where the chairman of a charter school board was also a part-owner of the company which owned the building where the school was located. The school made an overpayment of $478,000 to the company without any board approval. A number of individuals associated with the charter school were indicted, including the school founder, his wife and brother, the board chairman and school treasurer.

Which brings us back to the recent action of the State Board of Education in choosing a new state superintendent.

Because of a history of scandal in the state charter school industry, where more than $1 billion in public funds alone went to ECOT in the largest online charter school scandal in the country, and where the wreckage of more than 300 closed Ohio charters have further depleted the state treasury due to lax oversight caused by few controls, the State Board of Education itself should not be acting like a challenged and conflicted charter school board with few rules, policies, or any sense of institutional memory. 

Moreover, the enthusiasm for Dackin’s appointment expressed by the charter school industry and the Fordham Institute should also raise even more concerns.

As someone who has experience in providing oversight of charter schools as well as service on non-profit boards, it is my view that the processes used in the Dackin appointment are troublesome. For example, some boards have policies that require at least a one-year separation by a board member before applying for employment with the organization. Such a board policy protects an organization and lessens the possibility of a conflict or self-dealing situation by any member. 

And what about the State Board of Education? Why isn’t there policy which prohibits the employment of a former board member for an extended period of time after separation from the board? For that matter, are there any state boards that have a “time-out” policy before a board or advisory committee member seeks employment?

The Ohio Ethics Commission and its three-page review of the situation before the state board’s hiring of the new superintendent was, to put it mildly, inadequate for the circumstances in the Dackin situation. The appearance of a conflict of interest or any ethical question related to actions that employ past board members recently separated from a public board should be a serious issue.

There is no doubt that the State Board of Education can do better at policy formulation and practice. So too can the Ohio Ethics Commission, which should start a discussion about strengthening its guidelines to go beyond minimalist interpretations of statute and offer more robust models to boards and public agencies that promote greater transparency and accountability. 

After all, a state public board by its actions should not mimic charter school boards that love to receive public money but hate regulation.

Thank goodness for independent media! Oklahoma Watch published an investigative report that detailed a secret slush fund that supplements the salary of the state Secretary of Education.

(This story was produced in partnership with the Oklahoma nonprofit newsroom The Frontier.)

Gov. Kevin Stitt vetoed legislation that would have required cabinet members to file public reports to disclose their finances.

If Stitt had signed the bill last month, Oklahomans would learn that Secretary of Education Ryan Walters makes at least $120,000 a year as executive director of a nonprofit organization that keeps its donors secret. Walters is also paid about $40,000 a year by the state, according to state payroll data.

The nonprofit, Every Kid Counts Oklahoma, has refused to disclose its largest donors.

But a joint investigation by The Frontier and Oklahoma Watch has found that much of the organization’s funds come from national school privatization and charter school expansion advocates, including the Walton Family Foundation and an education group founded by billionaire industrialist Charles Koch.

As Secretary of Education, Walters serves as Stitt’s top advisor on public education policy and is the governor’s liaison for dozens of state boards and programs.

Walters’ outside employment with a nonprofit funded by advocacy groups could be a conflict of interest, said Delaney Marsco, senior attorney for ethics at the Campaign Legal Center, a nonprofit group that focuses on government transparency and accountability.

“If you are responsible for making decisions in a certain area of the government and you are being paid by an outside organization that has an interest in that, that absolutely can be a conflict of interest,” Marsco said. “If you are a public servant, your duty is to the public, and anything that kind of calls that into question, even raises the appearance of a conflict of interest, is a problem.”

Under Walters’ leadership, Every Kid Counts Oklahoma was the public face of Stitt’s program that distributed $1,500 grants to families in 2020 funded with $8 million in federal coronavirus relief money. The money was intended to buy tutoring and educational supplies. But a lack of safeguards allowed parents to use some of the funds to buy TVs, gaming consoles and home appliances, an investigation by Oklahoma Watch and The Frontier found. Emails and other recordsshow that Walters helped secure the no-bid contract with a Florida company to distribute the money. The U.S. Department of Education’s Office of Inspector General has opened an audit into how the state used those funds.

Walters, who declined multiple interview requests, is now running for state superintendent, an elected position overseeing the state Department of Education and a budget of over $3 billion. Unlike in federal elections, candidates for state office in Oklahoma are not required to fill out financial disclosures until after they are elected.

Please open the link and read on.

Valerie Strauss is an outstanding journalist who writes “The Answer Sheet” blog about education for The Washington Post. She understands the great heist that is being foisted on American public education by privatizers and their powerful lobbyists. She knows better than the editorial boards of the nation’s leading newspapers that school choice exacerbates the problems of American education and that test scores are not a worthy measure of the worth of a school.

In this article, she offers valuable advice to President Biden about the absurd claims made by the charter industry about the regulations proposed by the Department of Education to reform the federal Charter Schools Program. That program doles out $440 million a year to underwrite new charter schools. Biden has not cut it (even though it is not necessary, since new charters are supported by many billionaires, including the Walton family, Charles Koch, Betsy DeVos, Bill Gates, Reed Hastings, John Arnold, Dan Loeb, and Michael Bloomberg.)

The Department offered modest regulations, like barring for-profit corporations from applying for federal funding and asking those who seek federal funding for new charters to do an impact analysis of why their charter is needed and whom it would serve. The charter industry and its allies reacted with lamentations, outrage, and hysterical denunciations of Biden (even though Biden said during the 2020 campaign that he would stop funding for-profit charter management organizations).

Strauss writes:

The Biden administration recently released proposed reforms to a nearly 30-year-old federal program that has provided billions of dollars in grants for charter schools, and predictably some charter supporters have launched an unrestrained attack.


The bipartisan charter lobby alleges, among other things, that President Biden wants to “gut” the Charter School Programs, is kowtowing to unions and is willfully harming marginalized students. One magazine piece has this headline: “Biden Abandons the Obama Legacy on Charter Schools” — as if that were something to behold — and this subtitle: “The Education Department chooses teachers unions over poor kids.”


That’s not what’s happening — for one thing, the administration hasn’t proposed cutting a dime from the program — but that hasn’t stopped the attacks on the proposals, which are being supported by Roberto Rodriguez, a strong charter school supporter who was an education adviser to President Barack Obama and is now Biden’s assistant education secretary for planning, evaluation and policy development.


[Biden proposes tougher rules for charter school grants]


“There is a bit of a mythology that this is an attempt to do away with charter programs or curb the programs or curb the growth of charter schools,” said Rodriguez in an interview. Sure, he could have turned against charters, but he hasn’t: “The administration supports high-quality schools, including high-quality charter schools.”


Charter schools are funded by the public but privately operated. They are not monolithic — no more than schools in traditionally operated public districts are. Each state has its own rules, some resulting in better-quality charter schools than others.


Charters enjoyed bipartisan support for years — and still do — but support within the Democratic Party has lessened because of real problems in parts of the sector that supporters don’t like to publicly address. They include repeated scandals of financial fraud and waste, mismanagement, segregation, and under-enrollment of students with special needs. Charter schools in some places also drain resources from school districts that educate most of America’s schoolchildren.


Before the coronavirus pandemic began in March 2020, about 6 to 7 percent of U.S. schoolchildren attended charter schools. Enrollment jumped during the pandemic — with most of the gain in virtual charters, which are the worst-performing schools in the sector — but new data shows the increases starting to fall.


The White House has been silent about the over-the-top protests — including an actual protest outside 1600 Pennsylvania Ave. NW with charter school students. The Education Department published tweets last week that, instead of calling out its critics for promoting falsehoods about its proposed reforms of the program, tried to explain what it was doing by saying, essentially, “It’s not as bad as you think.”


[What Biden’s proposed reforms to U.S. charter school program really say]



So here’s what Biden should have said to charter school supporters who are savaging the proposed changes to the Charter School Programs, which should be made final in the next few months after consideration of public comment:


Hey guys:


Look, I didn’t expect you to love the changes my administration is proposing to the Charter School Programs. You have never been good at accepting criticism — but really, isn’t your reaction a bit much?


A bunch of you said I want to “gut” the program. Gut the program? Charter critics would love that, but that’s not what I’m doing. I have proposed to Congress that we keep funding at the same amount as last year — $440 million. So much for gutting.


I’ll add that the Education Department, even under Education Secretary Betsy DeVos, couldn’t spend all of the money allocated to the program by Congress in 2019. That’s when more than $12 million was reallocated from the program to other federal education priorities due to a lack of demand for new charter schools in state and individual grants. During the coronavirus pandemic, some program money was allowed to be used for other purposes.


I have said my administration supports high-quality charters because it does. Charter opponents would rather we didn’t, but we do. But there are a lot of problems in the charter sector, and we can’t find any acknowledgment of that in your scorched-earth assault on us.


I expect that from Republicans — as George Will showed in a Washington Post column — that falsely said charters must “get permission” from a traditional public school to operate if our proposed reforms become official. They don’t — but let’s not let the truth get in the way.


And I expect that from the National Alliance for Public Charter Schools, which sent out missives to supporters to speak out against the proposed reforms and launched media ads that accuse my administration of proposing changes that will hurt students of color.


Unfortunately, Democrats for too long have been part of this let’s-never-admit-there’s-a-charter-school-problem chorus. I read the op-ed that Colorado Gov. Jared Polis, a Democrat who started a charter school network in 2004, wrote in The Washington Post, which alleged that our proposed reforms would “create chaos and limit public school choice by instituting new rules that would gut” the program. As we said, we haven’t proposed cutting a dime, but, legally the money has to be paid out annually, whether there are good proposals for charters or not. We know full well that some applications that don’t adhere to all of the priorities we have set out in the proposed reforms will get federal money anyway.
I also read the letter that three Democratic senators, Cory Booker (N.J.), Dianne Feinstein (Calif.) and Michael F. Bennet (Colo.) sent, along with Republicans, to my education secretary, Miguel Cardona, warning that our proposed program reforms “would make it difficult, if not impossible” for charter schools to build new facilities or expand. Love bipartisanship, but that’s just wrong.


I’ve also read editorials from charter school-supporting editorial departments. A Wall Street Journal editorial accused the Biden administration of sabotaging charter schools; a Washington Post editorial accused the administration of pandering to teachers’ unions and school district leaders. The headline of that piece calls our proposed changes to the charter funding program a “sneak attack.” A sneak attack in broad daylight?


I expect Republicans to accuse us of caving to teachers’ unions, but we’ve never understood the same from Democrats. My wife, Jill, and I, are big union supporters — she proudly belongs to the National Education Association — but let’s not kid ourselves about the power of the unions. If they had their way, do you think schools would look the way they do? Would teachers be forking out money of their own to buy basic supplies? Would we be worrying about Republicans — many of them racist — taking over Congress this fall? Would schools have broken HVAC systems and, in some places, unconscionably low teacher pay? Knock it off.


Do Democrats really think it’s a good time — with crucial midterm elections coming up — to ignore reality and falsely accuse a Democratic president of wanting to harm marginalized kids to kowtow to unions?
Your union accusations make it sound like unions are the only ones that support our changes. Far from it. House Appropriations Committee Chair Rosa L. DeLauro (Conn.) wrote a public comment letter about what she called a “well-funded misinformation campaign incorrectly claiming” that a proposed reform “would prevent federal funds from going to any charter school that uses a contractor for any discrete service” — another claim by the charter lobby. Civil rights organizations such as the Southern Education Foundation have weighed in to support the proposed program changes; the foundation wrote:


Public funds are intended for public education, so we must invest in the charter schools that will serve their communities, provide equal access to high-quality instruction, and collaborate with the public school system to share successful innovations in teaching and learning that improve outcomes and opportunity for all students.


You talk about charters as if they were all the same, and you know they aren’t. Some are great. Some are awful. In 2016, the National Alliance for Public Charter Schools, called for better regulation of virtual charter schools, a rare acknowledgment of big problems in the charter sector, but we haven’t heard much since.


Bottom line: The Charter School Programs division needs reform. I have read reports by a nonprofit advocacy group that say since 2019, up to a billion dollars of federal taxpayer money has been wasted on charter schools that did not open or were shut down — and that the Education Department failed to adequately monitor federal grants to these schools. The advocacy group, the Network for Public Education, opposes charter schools. But that doesn’t make their research any less valid. If you want to take the time, you can read about that here and here.


If you don’t care for that, you can read the report the NAACP — one of the longest-standing civil rights organizations in the country — wrote after it called for a ban on charter school expansion until the charter sector is reformed and traditional public school districts are not financially harmed by the spread of charter schools. It says in part:


“Charter schools were created with more flexibility because they were expected to innovate and infuse new ideas and creativity into the traditional public school system. However, this aspect of the promise never materialized. Many traditional inner city public schools are failing the children who attend them, thus causing parents with limited resources to search for a funded, quality educational alternative for their children. …With the expansion of charter schools and their concentration in low-income communities, concerns have been raised within the African American community about the quality, accessibility and accountability of some charters, as well as their broader effects on the funding and management of school districts that serve most students of color.”


By the way, despite some of your protestations, charter schools are draining critical funding from some school districts with policies that make little sense. In Oklahoma, for example, numerous school district leaders got furious about a funding decision made last year by the state Board of Education that forced them to share funding for school buildings with virtual charter schools that don’t have school buildings.
Meanwhile, states including New York, Pennsylvania and New Jersey public school districts must pay tuition to charter schools costing them far more than they would pay if the student stayed in the district. Districts have lost millions of dollars in funding that has been sent instead to charter schools. Pennsylvania law funds charter schools as if 16 percent of all of their students are in special education — which costs more than students not in special education — but charters aren’t required to count so nobody really knows. School districts count each special education student.


So let’s talk about what my administration is trying to do with the federal Charter School Programs and why. The changes, as Washington Post education reporter Laura Meckler wrote in a piece we read about the proposed reforms, “go a long way to fulfilling” a vow that Biden made while running for president. He said he wanted to eliminate federal funding of for-profit charter schools because that part of the charter sector has been riddled with financial scandal, private enrichment and other problems. The biggest change we are proposing would affect for-profit management companies that often run charter schools. We want those companies that run entire charter operations to be ineligible for grants.


Scandals in the for-profit sector of charters have contributed to some that disillusionment; for example, you can read here about how many for-profit management companies evade state laws banning for-profit charters — by setting up nonprofit charters and then directing the schools’ business operations to related corporations.


[The story of a charter school and its for-profit operators]


In our proposed charter program changes, we also would like to see applicants for federal grants prioritize charter schools that already have their charter school approved — yes, as it is now, applicants can get federal money without an actual school — and that would collaborate with school districts.


My education team and I know there is a great deal of discontent over our priority that charter school funding applicants show that there is some interest in the community for a new or expanded charter school — which, really, doesn’t seem unreasonable. Why should the public fund a school where there is no demand? School districts don’t do that.


The “community impact analysis” we would like to see from applicants includes a priority that the charter would not further school segregation. You say we are insisting that charters serve diverse student populations. We’d like that, but let’s be clear what the proposed reform actually says: that an application from “racially and socioeconomically segregated or isolated communities would still be eligible for funding.”


You may not realize this — or just don’t publicly admit it — but in some places, charter schools are being used as white-flight academies, like decades ago when the 1954 Brown v. Board of Education Supreme Court ruling said segregated schools were unconstitutional.


In 2018, the federal Charter School Programs awarded a grant of $26.6 million to North Carolina to support “high-quality schools focused on meeting the needs of educationally disadvantaged students.” Thirty of the 42 charter schools that received CSP grants via the North Carolina Department of Education reported demographic information — and of those schools, more than one-third have significant overrepresentation of White students or a significant underrepresentation of Black students compared with the population of the public school district in which they are located. One overwhelmingly White private school, located near a public school with mostly Black students, was turned into a charter with the help of federal funding after making a pitch to families that included: “No current law forces any diversity whether it be by age, sex, race, creed.”


[Is federal charter school funding financing white-flight academies?]


I think it makes sense to ensure that federal funding isn’t being used to create white-flight academies. Do you?


There’s a lot more we could talk about that we haven’t addressed in our regulations. For example: Charter schools are supposed to be open to all students, but many of them employ more than a dozen tactics that allow them to shape their student enrollment. And did you know charter schools can be bought and sold and people can get rich from the sale of publicly funded schools?


[13 ways charter schools restrict enrollment]


[Charter schools are publicly funded — but there’s big money in selling them]


So, finally, can we move forward and keep our eye on the prize: making sure that America’s schoolchildren all go to high-quality schools? That’s what my administration and I are trying to do.