Archives for category: Charter Schools

Carol Corbett Burris was a teacher and principal on Long Island, in New York state for many years. After retiring, she became executive director of the Network for Public Education.

She writes:

Last spring, HBO released Bad Education, which tells the story of how a Roslyn, New York Superintendent named Frank Tassone conspired to steal $11.2 million with the help of his business officer, Pamela Gluckin.  Promo materials called the film “the largest public school embezzlement in U.S. history.”

I did not watch it. I am waiting. I am waiting for HBO to release a movie on how a crafty fellow from Australia, Sean McManus, defrauded California taxpayers out of $50 millionvia an elaborate scheme to create phony attendance records to increase revenue to an online charter chain known as A3. 

Or the documentary about the tens of millions that the Electronic Classroom of Tomorrow (ECOT) owes taxpayers for cooking the books on attendance. Or perhaps there will be a mini-series about the fraud and racketeering that charter operator Marcus May engaged in that brought his net worth from $200,000 to $8.5 million in five years and landed him a 20-year sentence in jail. 

The truth is, Frank Tassone and his accomplice are small potatoes compared to the preponderance of charter school scandals that happen every day. What is different is how lawmakers respond. 

When the Tassone case hit the news, I was a principal in a neighboring district. The New York State Legislature came down hard with unfunded mandates on public schools.

We all had to hire external auditors and internal auditors that went over every receipt, no matter how small. Simple things like collecting money for field trips or a club’s T-shirt sale suddenly became a big deal. Although there was no evidence that any other district was engaging in anything like what happened in Roslyn, every district transaction came under scrutiny.

Whether those regulations and their expenses were justified or not is irrelevant. What is relevant is that despite the years and years of scandal in the charter sector, state legislatures never change laws or impose new rules. For-profits run schools doing business with their related companies behind a wall of secrecy, and lawmakers do not worry a bit. 

I am puzzled. Why can’t charter schools be as transparent as public schools?  Why is the ability to easily engage in fraud necessary to promote innovation? 

No one has been able to answer my question yet. 

The Brookings Institution published a study of the D.C. school system, which is almost evenly divided between public schools and charter schools. It was written by three scholars: Vanessa Williamson, Brookings Institution; Jackson Gode, Brookings Institution; and Hao Sun, Gallaudet University. The title of their study is “We All Want What’s Best for Our Kids.” Their findings are based on close reading of an online parent forum called “DC Urban Moms,” where school choice is an important topic.

What they found is not surprising. Choice intensifies and facilitates racial and socioeconomic segregation. This is the same phenomenon that has been documented in choice programs everywhere. The most advantaged parents master the system and get their children into what is perceived as the “best schools.” The “best schools” are those that have the most advantaged students.

The study begins:

Public education in the District includes a system of traditional public schools and a system of public 8
charter schools; in 2018–19, these schools served over 90,000 students at 182 schools. The city is highly diverse, as is the incoming school-age population. Among children under five, 48 percent are Black, 27 percent are white non-Hispanic, and 17 percent are Hispanic.9 54 percent of the city’s public school students are in traditional (DCPS) public schools, while 46 percent are in public charter schools (DCPCS). All students have the right to attend their local public school, or they can enter a lottery for a seat at another traditional public school or public charter school.10


In practice, parents’ school choices are limited. Housing in Washington is strongly segregated by race and class, with popular schools generally located in expensive or rapidly gentrifying neighborhoods.11 Housing prices in the District are high and rising, and affordable housing is in exceptionally short supply.12 The District’s school system does not provide regular school bus transportation; children can ride public transit to school for free, but commutes can be long, and it is often impractical for working parents to accompany young children to a school that is far from home.13 Most students attend a school in their own wards, with students in poorer parts of the city facing longer commutes.14


In making decisions about where to send their children to school, parents (and especially more privileged parents) are key contributors to school segregation and inequality.


Even for parents willing or able to enroll their children far from home, there remain fewer options than might first appear. The most popular traditional public schools rarely have spaces available to students who live beyond the school’s catchment area. Popular charter schools often have waitlists of hundreds of students.15 Moreover, researching the schools available via the lottery requires time and resources; school lottery waitlists are dominated by families that are more socioeconomically privileged.16


In making decisions about where to send their children to school, parents (and especially more privileged parents) are key contributors to school segregation and inequality. As the District of Columbia Auditor’s office has stated, “there is a pattern of District families moving away from schools with more students considered at-risk17 to schools with fewer students considered at-risk. These moves are facilitated by the robust choice model in DC.”18

Robert Skeels was a public education advocate in Los Angeles who decided to become a lawyer to fight the powerful corporate charter industry. After receiving his BA in classical civilizations at UCLA, Skeels spent years as an activist, inspired by Paulo Freire, then earned his law degree in 2018. This is the only instance to my knowledge where a charter critic decided that he had to get a law degree to fight the charter industry.

As a part-time associate at a law firm in Los Angeles, he has won two cases against the powerful and well-funded charter industry.

He wrote in Medium:

My first win against a corporate charter school was a year ago as third chair in a suit to overturn a wrongful expulsion of a student of color. The Partnerships to Uplift Communities (“PUC”) charter chain (of convicted felon Ref Rodriguez fame) violated that student’s due process rights. Violated isn’t a strong enough word for what they did. PUC unilaterally changed the charges at the appeals hearing and branded the child as a terrorist in his permanent record. Under the tutelage of the brilliant partners at the law firm I was a part-timer at the time (I am currently transitioning to full time there), plus sage advice from @DrPrestonGreen, we built a strong case.

Skeels’ second victory came just days ago, when he defended the blogger known as Michael Kohlhaas in his pursuit of the records of a charter chain. Kohlhaas exposes the dirty secrets of government, businesses, and other powerful forces in Los Angeles. In one of his important exposes, he revealed that Nick Melvoin, who represents the charter industry on the Los Angeles school board, had shared the board’s legal strategies with the California Charter Schools Association while in litigation with them.

Skeels writes:

This latest case was a charter trying to hide all its dirty secrets by not complying with the CPRA [the open records law]. The scandal-ridden The Accelerated Schools (“TAS”) charter chain’s leaders absconded when the community started pushing back and started asking questions about union busting.

Michael Kohlhaas dot org sent sent TAS several CPRA requests in 2018, which they ignored (unlawfully). A year later, I filed the petition for writ of mandate for them. Some ten months later TAS sent some records, but claimed “blanket exemptions” on a bunch of other ones.

An infamous law firm that only represents lucrative, privately managed charter school corporations staked out the position that any communications with the charter school industry’s trade association — the CCSA — was subject to a range of exemptions under the CPRA.

I suppose I can’t blame them. The charter industry — long used to unaccountably spending tax dollars in total secrecy — fought tooth and nail the imposition of the CPRA and Brown Act added by Ed. Code § 47604.1(b)(2)(A). When the law took effect January 2020, charter school corporations were already looking for ways to skirt the law. At the firm I’m a junior associate at, we use the CPRA for pre-discovery work against charter corporations. Michael Kohlhaas dot org, on the other hand, has used it to expose some of the ugliest, scandalous conduct by an industry already infamous for scandal. Uncovering the vile Nick Melvoin’s sharing Los Angeles Unified School District’s (“LAUSD”) confidential legal strategies with their party-opponent in a lawsuit (the CCSA) was a blockbuster revelation enabled by the CPRA.

The judge in the case ruled that the charter chain was not entitled to the blanket exemption from disclosure for its records.

Skeels wrote: “Let the corporate charter school industry know that they aren’t going to be able to hide their dark secrets anymore.”

Billy Townsend was a school board member in Polk County, Florida. He saw up close and personal how charters were sucking the high-scoring students out of public schools and excluding the students with disabilities. He saw up close and personal how the state’s voucher program was serving as a refuge from high-stakes testing and enabling the restoration of racial segregation. Billy believes, as I do, that if the day ever comes when so-called reformers see the harm they are doing to kids and to our democratic institution of public education, they might repent. Will shame move them more than the pursuit of profit and power? Perhaps we are naive to think it might. But hope springs eternal that even the profiteers and entrepreneurs and shady fly-by-night grifters might someday see the light.

Billy has written a powerful series about the Jeb Crow school industry and how its sole purpose is to destroy public education without helping kids. All of the articles are referenced in this post, the last of the series. He has demonstrated how the voucher schools are highly segregated and low-quality. He refers to the choice schools as “failure factories” but now calls them “Jeb Crow” schools to credit former Governor Jeb Bush for creating the Big Lie that school choice saves children. It doesn’t.

Townsend throws out a challenge to reformers who are sincere, if there are any, about equity and helping kids:

Serious “reformers” — those who actually mean it when they use the moral, racialized language of equity in justifying punitive policies that destroy public education capacity — know today that their entire life’s work is bullshit that failed on its own terms. 

They know it. Every single one of them. Some of them will cry about America’s super awesome graduation rate; but they know that’s manipulated data bullshit, too. Mostly, they’ve just gone silent while think tanks beg to keep getting useless test data and grifters use the language and weaponry “reformers” provided them to demolish public education capacity for everyone. 

The question now: if, when, and how will “reformers” ever break their shamed silence about their failures and decide to help us fix them?

Jeb Crow means wealthier, whiter kids get high capital charters; more vulnerable, less white kids get no capital vouchers; and we kill/privatize public schools altogether.

The grifting and cheating by state education officials is breath-taking. They know that school choice is a cynical ploy to shift money from taxpayers to private corporations. They know that the corporation that handles the voucher funding now has assets of nearly $700 million. They know where power lies in Florida. They know how corrupt the Legislature is. But everyone goes along to get along.

If you read one thing today, read Billy Townsend’s reports on Florida’s massive crime against children and the state’s own future.

You may recall that the Oklahoma State Board of Education recently voted 4-3 to allow charter schools to share in local tax revenues, over the opposition of State Commissioner Joy Hofmeister, who said that the decision might violate state law. You may also recall that the virtual charter school in Oklahoma called EPIC has been embroiled in scandal after scandal (just google “Oklahoma EPIC scandal” and you will get lots of references to allegations of theft, embezzlement, ghost students, etc.). For example, in fall 2020, the state auditor reported that EPIC owes the state $8.9 million for inaccurate reporting, improper transfer of funds, and a multitude of other egregious (you might say “epic”) calculations. That $8.9 million was the tip of a very large iceberg. The state auditor said that about 1 of every 4 dollars that the state paid to EPIC (a total of $458 million) was deposited as profit by the school’s owners. The story is breathtaking.

The Oklahoma Parent Legislative Action Committee (PLAC) posted this on its Facebook page:


Oklahoma PLAC
  Facebook post:

TRANSPARENCY, ACCOUNTABILITY??? 🔎 Where art thou?

We’re wondering why State Board of Education member Jennifer Monies did not recuse herself during last week’s vote to settle a lawsuit that directly benefited another entity of which she serves as board member. She is both plaintiff and defendant in this case yet she still cast a vote. 

“On numerous occasions in the board’s public meetings, Monies has mentioned her service on the board of her son’s school, John Rex Charter Elementary in Oklahoma City, which would stand to benefit from the settlement and which is listed as a member of the Oklahoma Public Charter School Association on the organizations’ website.”

And another tragic Farce

EPIC Charter Schools named Charter School of the Year by Choice Matters

The Texas Senate Education Committee bowed to the wishes of the powerful charter lobby and granted sole power to the State Commissioner (appointed by the Governor) to approve charter schools. His decisions can be vetoed only by a supermajority of the State Board of Education.

The State Commissioner of Education is Mike Morath. He is not an educator. He is a software executive who served on the Dallas school board and advocated for charter schools.

Local elected authorities—including mayors and school boards—are prohibited from blocking a charter school that wants to open in its jurisdiction. Charters can locate wherever they choose without regard to the views of local communities that want to protect their own public schools from rapacious charters.

Right now, Texas is being overrun by corporate charter chains aiming to grab market share. This bill will help them by canceling democracy and the will of the people.

This is the bill that passed the committee.

CSSB 28 (Bettencourt), as substituted, increases the threshold – from a majority to a supermajority – required for a State Board of Education veto of a charter awarded by the commissioner and defines reasons why the SBOE may veto a charter. It also prohibits a local governmental entity from enacting or enforcing an ordinance, order, regulation, resolution, rule, or policy or taking action that prohibits an open-enrollment charter school from operating a public school campus, educational support facility, or administrative office in its jurisdiction.

I like this post by Peter Greene a lot because it clears up confusion about what defines a public school. Many people think that charter schools are public schools because most state laws define them as “public charter schools.” The charter industry wrote the state laws, and they desperately wanted to be considered “public schools” so they could qualify for the same funding as public schools (in Texas, they get even more funding than real public schools). The proliferation of corporate charter chains make it even harder to see charter schools as public schools, since nowhere in the history of public schools were multiple schools managed by a corporation.

Greene asks the questions that define what a real public school is.

Here are a few of them:

Is the school and its resources owned by the public?

Who owns the building? If the school closed tomorrow, who would take possession of the building, the desks, the chairs, the books, the music stands, etc etc etc. If the physical resources of the building are owned by the public, it’s probably a public school.


Is the school run by local elected officials?

When we get to the very top level of management, do we find a board of local people elected by local taxpayers? If so, it’s probably a public school. We’re in a fuzzy grey area in districts under mayoral control, but not at all fuzzy when discussing upper management that is not elected by anybody at all.

Did those local officials open the school?

Who decided this school should exist, and that local taxpayers should pay for it? If that decision was made by a board of local citizens elected by local taxpayers, it’s probably a public school.

Are those local official required by law to meet only ever in public?

Can the board of local citizens elected by the local taxpayers meet in secret? Or must their meetings be announced and in public, with exceptions only for times when the group must adjourn for privacy regarding, say, personnel or student issues? Public school boards don’t get to meet unannounced, privately.

Are all financial records available upon request, and subject to state audit?

If you’ve gone to court to block the state from auditing your school financial records, you are not a public school. It’s simple, really– you’re spending taxpayer money, and the taxpayers are entitled to an accounting of it. Any taxpayer should be able to access your financials. The state should audit you regularly.

If your school doesn’t meet these minimal requirements, it is not a public school.


Over the opposition of Joy Hofmeister, the state superintendent, the Oklahoma State Board of Education voted 4-3 to allow charter schools to have a share in property taxes and motor vehicle taxes that previously were reserved for public schools.

A groundbreaking settlement will fundamentally change the way charter schools are funded in Oklahoma, despite vehement opposition from the state’s top education official.

The Oklahoma State Board of Education voted 4-3 on Thursday in favor of an agreement with the Oklahoma Public Charter School Association to settle a 2017 lawsuit.

The charter school association called the agreement a “tremendous step” for equality in school funding.

State schools Superintendent Joy Hofmeister said the settlement could violate state law and have “seismic” implications by redistributing school funding.

“Today’s board action circumvents the will of the people of Oklahoma and the state legislature by unilaterally determining how public education is to be funded,” Hofmeister said in a statement Thursday evening. “I fear this action knowingly violated Oklahoma statute and the Oklahoma Constitution.”

The original promise of charter schools when they started thirty years ago was that they would cost less than public schools because of their lack of bureaucracy. That pledge has long been forgotten as charters fight to have equal funding–or in some states, like Texas–more funding than public schools.

This decision will mean less money for Oklahoma’s underfunded public schools.

Joy Hofmeister is one of those rare state chiefs in a red state who puts public schools first.

Fiorina Rodov wanted to teach, and, as she writes, she believed the glowing claims about charter schools as beacons of hope for the neediest students. She saw “Waiting for ‘Superman'” and cheered for the kids who wanted to get into a charter. She believed the movie’s hype about the magic of charters. So she got in 2016 a job teaching in a charter school in Los Angeles.

There she learned the truth about charter schools, or at least the one where she was teaching.

The school was non-union. Teacher turnover was high every year. Student attrition was high.

But the chasm between the hype and reality became evident to me immediately upon starting work. There were high attrition rates of students and teachers. Over the summer, more than half the faculty resigned and were replaced by new teachers. About three-quarters of the students hadn’t returned either, and though new kids had registered, the enrollment wasn’t anywhere near what was needed in order to be fiscally stable, because funding was tied to enrollment. There were legal violations: The special education teacher had 43 students, though the law capped class sizes at 28. The overage made him fall behind on students’ individualized education plans (IEPs), making the school noncompliant on special education requirements.

Rodov also learned about the big-money forces promoting the charter myth. She was in L.A. for the election campaign between charter skeptic Steve Zimmer (chair of the LAUSD school board and former TFA) and charter zealot Nick Melvoin. The charter leaders across the city strongly supported Melvoin, of course.

I learned that billionaires fund local school board elections across America in order to accelerate charter school growth. In District 4 in Los Angeles, Steve Zimmer was financed by teachers’ unions while Nick Melvoin was reportedly bankrolled by California billionaires Eli Broad, Netflix co-founder Reed Hastings, and Gap clothing company co-founder Doris Fisher, as well as out-of-towners like former New York City Mayor Mike Bloomberg, Walmart heirs and siblings Jim and Alice Walton, and others in an expensive race...

Furthermore, CCSA [California Charter Schools Association] Advocates donated to an organization called Speak UP, which was a “strong opponent” of Zimmer, according to the Los Angeles Times, and whose co-founder and CEO Katie Braude resides in the Pacific Palisades, where the median home price is about $3.4 million. Braude helped launch the Palisades Charter School Complex, which sought to serve “all students in an ethnically and economically diverse student body,” according to her bio on the Speak UP website. But at Palisades Charter High School, “[w]hite students are 2.8 times as likely to be enrolled in at least one AP class as Black students,” while “Black students are 7 times as likely to be suspended as [w]hite students,” according to ProPublica. In 2016 and 2017, Black students were victims of hate crimes at Palisades Charter High School, and in 2020, a Black teacher sued the school for racial discrimination, wrongful termination, harassment and “intentional infliction of emotional distress.” According to the Pacific Palisades Patch, Pamela Magee, the school’s executive director and principal, responded to the teacher’s allegations via email, “PCHS is an equal opportunity employer, and we take allegations of discrimination seriously…”

Melvoin’s list of individual donations, according to the Los Angeles City Ethics Commission, is filled with some of the same moguls who donated to CCSA Advocates, such as Eli Broad and Reed Hastings. It also includes then-co-chairman of Walt Disney Studios Alan F. Horn, president of the Emerson Collective Laurene Powell Jobs, and Martha L. Karsh and her husband Bruce Karsh, who at the time of the election was the chair of the Tribune Media Company, which then owned the Los Angeles Times. (Bruce Karsh stepped down from the Tribune in October 2017, five months after the school board election.)

The billionaires who fund school board races across the country also finance education reporting. The Eli and Edythe Broad Foundation, which was partly behind a $490 million plan reported in 2015 to enroll half of LAUSD’s students in charters by 2023, funded the Los Angeles Times’ reporting initiative Education Matters with the Baxter Family Foundation and the Wasserman Foundation, which also support charters. The Bill and Melinda Gates Foundation and Amazon (whose founder and former CEO—now executive chairman—Jeff Bezos also owns the Washington Post) fund the Seattle Times’ Education Lab. The Bezos Family Foundation, the Gates Foundation, Bloomberg Philanthropies and the Chan Zuckerberg Initiative, founded by Facebook’s Mark Zuckerberg and his wife Priscilla Chan, fund Chalkbeat. The Chan Zuckerberg Initiative, the Gates Foundation and the Walton Family Foundation fund Education Week and The 74, which owns the LA School Report. The Gates Foundation finances the Solutions Journalism Network (SJN), whose “Fixes” column in the New York Times covers education and other issues. And Powell Jobs’ Emerson Collective owns the Atlantic, which has a robust education section.

The infusion of billionaire cash and media ownership helps to explain why the mainstream media seldom reports on the failures of charter schools or expose their lies and propaganda.

Rodov goes on to explain that her school was finally closed, but no one in the mainstream media in Los Angeles bothered to interview teachers about “the climate of terror at the school.”

She ends with the hope that Biden’s election will mean an end to favoritism towards charter schools and a beginning of focus on public schools, which are a vital democratic institution.

Those of us who are sick of charter school lies and propaganda share her hope. We will know in time whether Biden will keep his promise to cut off federal funding of for-profit charters, whether he will eliminate the $440 million federal Charter Schools Program (which Betsy DeVos used as her private slush fund), and whether he will make the strengthening of public schools his top education priority. Six percent of America’s students attend charter schools, and they are the darling of billionaires like Bill Gates, Reed Hastings, Laurene Powell Jobs, Charles Koch, Michael Bloomberg, and many more (I wrote a chapter in my recent book Slaying Goliath naming the billionaires and corporations that pour money into charter schools). Let the billionaires pay for them.

 

The charter industry is turning its lobbyists loose in Texas. Despite the large number of charters in the state (more than 800), the lobbyists want more. More. More. $$$. The Legislature is now debating changes in state law to remove obstacles to charter entrepreneurs and corporations that want more locations. Texas doesn’t need more charters: Charters in Texas are regularly outperformed by public schools.

The Houston Chronicle reports:

Companion bills filed in the Texas House and Senate, seeking to do away with hurdles facing charter schools that try to open or expand, have bipartisan support but will move the sharp debate over their rapid growth into the legislative arena.

Supporters of Senate Bill 28, called the Charter School Equity Act, say it would level the playing field for new and existing charter schools across the state by preventing local governments from treating them differently from traditional public schools and by relaxing state controls.Advocates for traditional public school districts say the playing field is tilted in favor of charter schools and the way to level it would require more state oversight and local input, not less.

Among other changes, Senate Bill 28 and its accompanying House Bill 3279 would require open-enrollment charter schools to be considered public school districts for the purposes of “zoning, permitting, (subdivision) plat approvals, fees or other assessments, construction or site development work, code compliance, development” and any other type of local government approval.

This would reduce the “red tape” that charter schools face from local authorities after being approved to operate by state officials, the bills’ sponsors say.

It also would make it impossible for cities to act in ways that were advocated by the superintendents of the two largest school districts in Bexar County in 2018, when they suggested San Antonio could use its zoning authority to geographically restrict charter expansion to prevent financial damage to traditional public schools.

“We think charter schools, and open-enrollment charter schools, are good for the state of Texas. That’s the bottom line here,” said the Senate bill’s sponsor, Sen. Paul Bettencourt, R-Houston, in a recent online news conference. “We are simply putting charter schools on the equity they should have. No city should treat charter schools differently than how they treat somebody else…”

“Right now communities have almost no say on whether a charter school comes in or not,” said Kevin Brown, executive director of the Texas Association of School Administrators.

Brown, who led Alamo Heights ISD as superintendent for 10 years, said leveling the playing field should include requiring charter schools to seek voter approval for funding their expansion and to elect their boards.“Anytime a charter school is being considered in a local community, that local community should have a large amount of input,” Brown said. “And right now they just don’t have that. So I think there should be much more transparency at the local level.”If anything, the SBOE should have more input, not less, on any expansion that would result in public school districts sharing taxpayer funds to educate students, Brown added.

Woods, the Northside ISD superintendent, said the bills, in their current form, ignore the public process that all public school districts must go through to fund and build a new campus. Planning takes years, and voters decide if they want to fund it, Woods said. School districts then have to work with cities and counties to assess the impact of construction in certain areas and get the project approved.

“We elect school board members, city council members and county judges to make decisions locally because they know the community,” Woods said. “And this (legislation) is just another example, in a long line of examples, where local control seems not to be prioritized in the Texas Legislature.”