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John Thompson: Is “Education Reform” Dead?

By dianeravitch
August 7, 2023 //
52

John Thompson, historian and retired teacher in Oklahoma, reacts to an article in the Washington Post.

He writes:

I agree with Perry Bacon’s excellent and optimistic Washington Post analysis and its new path for improving America’s schools – with the possible exception of his first sentence and the first sentence of his last paragraph. After decades of working for the education policies and principles he supports, I’ve become too pessimistic to not doubt his title, “‘Education reform’ is dying. Now we can actually reform education.” I sure hope I’m wrong and he’s right.

Bacon writes, “Joe Biden is the first president in decades not aggressively pushing an education agenda that casts American schools and students as struggling and in desperate need of fixing.” Biden offers a 21st century path away from the 40-year “education gospel” launched by the 1983 Reagan administration’s “A Nation at Risk,” which was joined by presidents of both parties. Bacon then described the bipartisan “fixation” which:

Included the expansion of charter and magnet schools as an alternative to traditional public schools; an obsession with improving student test scores; accountability systems that punished schools and teachers if their kids didn’t score well.

But this reform ideology was worse than that. Bacon explains, “This agenda was racial, economic and education policy all wrapped into one.” He also cited Jon Shelton’s “The Education Myth: How Human Capital Trumped Social Democracy,” which:

Blamed growing economic insecurity in the United States — caused in actuality by corporate disinvestment in American industry and efforts to fight unions tooth and nail beginning in the 1970s — on the supposed failures of the education system.

“By 2001 and the passage of No Child Left Behind,” Shelton further explains, “Democrats and Republicans competed with each other to remake our education system under the pretext that our schools needed to be held accountable to the long-term economic fortunes of American workers.” Since they could only agree on making education a priority, Bacon added, the Republicans adopted the Democrats’ “view that education was the main way for Black people to make up for the effects of racism.”

Based on decades of experience teaching in the inner city, and studying what it would have actually taken to achieve equity, I’ve seen the way that the students who were supposed to be the main beneficiaries of accountability-driven, competition-driven mandates, were damaged the most. And on-the-cheap, quick fixes hurt these kids in the way educators and education research predicted. Even worse, I would add, the Billionaires Boys Club turned education into a reward-and-punish, data-driven privatization campaign based on the neoliberal venture capitalist model.

Having seen how worksheet-driven “accountability” and segregation by choice reforms drove our school into the lowest-performing mid-high in Oklahoma, and hearing my students protest that they had been completely robbed of an education, I thoroughly support Bacon’s vision of education.  He writes:

Our education system should be about learning, not job credentialing. Schools and universities should teach Americans to be critical thinkers, not automatically believing whatever they heard from a friend or favorite news source. They should make sure Americans have enough understanding of economics, history and science to be good citizens, able to discern which candidate in an election has a better plan to, say, deal with a deadly pandemic. They should foster interest and appreciation of music, arts and literature.

They should be places where people meet and learn from others who might not share their race, class, religion or ideology. … They should provide a path to becoming a doctor, lawyer, professor or any profession that requires specialized training without going into debt.

But, I’ve also seen the rightwing attacks on public schools. And these assaults come after decades of destructive, neoliberal corporate reforms. The difference was that they sought to “blow up” the education system so that entrepreneurs could rebuild it. Today, we have to resist extremist and conservative privatizers who are going for the kill while education is on the ropes.

And that gets me back to Bacon’s optimistic introduction and conclusion. Yes, he is correct in beginning, “America’s decades-long, bipartisan ‘education reform’ movement, defined by an obsession with test scores and by viewing education largely as a tool for getting people higher-paying jobs, is finally in decline.” The vast majority of the people I know agree that these reforms failed, and “what should replace it is an education system that values learning, creativity, integration and citizenship.” I hope I’m being too pessimistic because of my state’s rightwing minority’s assaults on democracy, but I don’t see evidence that the majority of parents and educators, as well as researchers, will be listened to.

Similarly, his last sentence is true, “Now we can reform our schools and colleges in a way that actually improves teaching and learning.” Yes, we can, but what will we be able to do as we again go up against market-driven elites and, worse, MAGA zealots?

I must emphasize that I have always been an optimist so, ordinarily, I would celebrate his sentence, “Blessedly, education reform is dying.” But after four decades of undermining the principles of public education, I worry that its decline has come too late, and I see no sign of progress in my state. Even so, regardless of the odds we face, we must draw upon the wisdom of Jon Shelton and Perry Bacon, and that requires us to keep our hopes up.

Categories Accountability, Charter Schools, Closing schools, Corporate Reform, Education Industry, Education Reform, Failure, Privatization, Vouchers

Carol Burris: The Think Tank That the Charter Industry Relies On

By dianeravitch
August 6, 2023 //
53

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

Burris writes:

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

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

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

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

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

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

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

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

Who runs CREDO?

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

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

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

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

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

Categories Accountability, Charter Schools, Corporate Reform, Education Industry, Gates Foundation, Bill Gates, Privatization, School Choice, Walton Foundation

NPE: Charter Lobby Wants Your School!

By dianeravitch
August 4, 2023 //
11

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

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

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

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

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

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

Categories Accountability, Charter Schools, Corporate Reform, Disruption, Education Industry, Extremism, Network for Public Education

The Big Lie About America’s Public Schools and the Scheme to Privatize Them

By dianeravitch
July 30, 2023 //
49

America’s public schools were one of the glories of the nation until recently. Politicians hailed them as a symbol of democracy, a public institution open to all, supported by taxpayers, and controlled by elected local boards.

Local business leaders frequently served on local school boards. Americans broadly understood that the schools prepared the rising generation to be good citizens and to sustain our democracy. Certain principles were taken for granted: public funds were never used to fund religious schools; teachers and principals were career professionals, often the most educated members of their community, and were respected.

This is not to say that everything was rosy. I have written several books about the controversies that rocked the schools, especially over desegregation, which encountered vehement resistance in both the South and the North.

But despite the battles over race, curriculum, and other matters, the public schools garnered high praise from the public and elected officials.

However, this iconic symbol began to take a drubbing in 1983, when the Reagan-era National Commission on Excellence in Education released its harshly negative report called “A Nation at Risk.” The commission claimed that the nation’s schools were mired in a sea of mediocrity, that test scores were on a downward spiral, and that the nation’s public schools were responsible for the loss of major industries to other nations.

The reaction to the report was immediate: states set up task forces and commissions to find solutions to the schools’ crisis. Higher standards for students and teachers, more time in school, tougher curricula, etc.

The one refrain that became the legacy of “A Nation at Risk” was: Our schools are failing.

But we now know that the report was a hoax. James Harvey, who worked on the commission’s staff, explained that the books were cooked to produce a negative result. The data were cherry-picked to paint the schools in the worst possible light. The conclusions were a lie. The report ignored positive findings and chose to ignore the students living in poverty, the students with disabilities, and the other socioeconomic challenges facing the nation’s schools.

So today, relying on the Big Lie of 1983 (“our schools are failing”), ideologues, grifters, tax-cutters, religious interests, and others have joined forces to grab the money now devoted to public schools.

To the original Big Lie have been added new Big Lies to advance the cause of privatization and profits:

Big Lie number one: Test scores are reliable indicators of school and teacher quality. This simple but wrong idea was the basis for No Child Left Behind and Race to the Top. It overlooks the well-known fact that test scores are highly correlated with family income and are influenced more by home conditions than by teachers or schools. Hundreds, perhaps thousands, of public schools were closed because of their inability to meet high test score goals. All of the closed schools were in impoverished communities. Thousands of teachers were penalized or fired because they taught the children with the biggest challenges, those who didn’t speak English, those with severe disabilities, those whose lives were in turmoil due to extreme poverty.

Big Lie number two: Teachers need not be professional to get good results. Inexperienced teachers with high expectations and a few weeks of training will get better results than career professionals. This lie undercut the profession, undermined respect for teachers, and was the founding myth of Teach for America.

Big Lie number three: the private sector will run schools more effectively than local government, therefore we need more charter schools. BUT: The charter sector has spawned scandals, with private entrepreneurs embezzling millions of dollars for themselves. Some charters get high test scores by excluding weak students, some get high scores by attrition of weak students. Many charter schools close every year due to academic or financial problems. On average, charter schools do not get better results than public schools.

Big Lie number four: vouchers will produce higher test scores. BUT: Voucher schools, funded with taxpayer dollars, are usually exempt from state testing and are not accountable as public schools are. Where voucher students do take state tests, they fall farther and farther behind their peers in public schools. Now that it’s well-known that voucher schools are academically behind public schools, their proponents have moved the goalposts to say: Parents should choose, no matter what the studies show about test scores.

The Republican Party, with few exceptions, has swallowed the Big Lies and is intent on giving every student—regardless of income—a voucher to attend a religious school, private school, or home school.

For the first time in two centuries, the very concept of public schools is in jeopardy.

Ninety percent of Americans were educated in public schools. That ninety percent made America a successful nation by most measures. Public schools built bridges among diverse communities.

What will the new paradigm contribute to our nation?

Categories Accountability, Corporate Reform, Education Industry, Fake, Fraud, History, Hoax

D.C. Mayor Proclaims “Whistleblower Day” to Honor Those Fired for Telling the Truth

By dianeravitch
July 26, 2023 //
31

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Categories Accountability, Bigotry, Censorship, Charter Schools, Corporate Reform, Cruelty, District of Columbia, Education Industry, Ethics, Evil, Racism, Resistance

Tom Ultican: CREDO Charter School Claims Demolished

By dianeravitch
July 26, 2023 //
9

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

He wrote:

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

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

Putting a CREDO Thumb on the Scale

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

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

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

Categories Accountability, Billionaires, Charter Schools, Corporate Reform, Deregulation, Disruption, Education Industry, Fake News, Hoax, Network for Public Education, Walton Foundation

North Carolina: GOP Passes Bill to Increase Charter Funding and Enrollment

By dianeravitch
July 24, 2023 //
8

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Categories Charter Schools, Corporate Reform, Deregulation, Education Industry, Extremism, Funding, North Carolina, Privatization

Bob Shepherd: Past Time to End Our Obsession with Standardized Testing

By dianeravitch
July 22, 2023 //
175

I have come to believe that there is one way and one way only that we will eliminate the federal testing mandate, which has had such blood-sucking costs over the years, direct costs and opportunity costs in loss learning, and which has brought about a dramatic devolution in our curricula and pedagogy.

The tests will remain in place until the national teachers’ unions take up the cause of ending them, until they call a national strike to do that. This would take real guts, real leadership. But until the teachers’ unions do that, until they institute a national action to end the testing, they are COMPLICIT IN CHILD ABUSE. I mean that. It’s not hyperbole. The testing is child abuse. It robs kids of large percentages of the time that they could be spending learning. And it robs them of coherent curricula and pedagogy. Instead, they get random exercises on random “skills” from the puerile Gates/Coleman “standards” bullet list and its progeny around the country.

ENOUGH. It’s been an utter failure. It’s been devastating. Time to end it.

Categories Common Core, Corporate Reform, Education Industry, For-Profit, Standardized Testing, Stupid

North Carolina: Legislators Want to Declare That Charters Are Private Schools

By dianeravitch
July 20, 2023 //
19

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

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

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

The Fayetteville (NC) Observer reported:

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

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

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

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

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

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

Categories Accountability, Charter Schools, Corporate Reform, Deregulation, Education Industry, Funding, Gender, North Carolina

Texas Law Allows Big Profits for Charter Operators

By dianeravitch
July 20, 2023 //
9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lawmaker: ‘Sunshine’ is best cure

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

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

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

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

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

Yet acquiring property remains a gray area.

Categories Accountability, Charter Schools, Competition, Corporate Reform, Corruption, Deregulation, Education Industry, For-Profit, Privatization, Scandals, School Choice, Texas
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