Archives for category: Corporate Reformers

Ref Rodriguez was elected to the Los Angeles school board in 2015. He ran against a respected educator named Bennett Kayser and used some extremely negative television ads. Kayser has a physical disability, and one of Ref’s ads showed a shaking hand holding a tea cup, then dropping it. It came as close to stereotyping someone on grounds of physically disability as possible. It was ugly.

Questions were raised about the finances of Ref’s charter chain, about food services.

A small publication called the LA Progressive raised questions about his campaign donations.

Rodriguez’ campaign disclosure filings with the City of Los Angeles show that several staffers of his charter school, Partnerships to Uplift Communities (PUC), gave small donations in December 2014, before a filing deadline at the end of the year. What is odd and striking about several of the donations is that they come from PUC staffers who first made a very small donation early in the month and then, in the last 3 days of the year, suddenly ponied up the largest donation allowed by campaign ethics laws. Six donated the maximum $1,100. One paid $850.;;;

What is highly irregular about this pattern of donations to Rodriguez, however, is the job category of the PUC employees and the timing of their donations.

A janitor, a tutor, a parent organizer, two maintenance workers, a kitchen manager, and an office manager would not raise eyebrows for donating $25, $50, or even $100 to a candidate, as these seven PUC workers did within days of each other in mid-December 2014.

None of that mattered. He won. He was backed by the usual cabal of very wealthy charter supporters who wanted to put one of their own on the school board.

These donations seem to be at the center of an investigation of campaign finance violations by Ref. A number of charges have been filed against him for breaking the law. He stepped down as LAUSD president, but he did not leave the board. It is unseemly for a public official facing criminal charges to stay in a position of authority, but there he is. Doing it.

Peter Cunningham, who used to be Arne Duncan’s communications director and now runs the pro-charter Education Post, funded by the same people who fund California’s charter schools, wrote an article in defense of Ref. He thinks that what Ref did, if he did it, was a mistake made by a rookie. He thinks that it was unfair to bring criminal charges against Ref when others have done the same things and not faced criminal charges. He thinks that the prosecutors in Los Angeles are persecuting Ref “simply because he was elected board president.”

Up until now, no one has alleged that the district attorney was acting improperly. Ref should not be treated unfairly, but then again, he should not get special treatment just because he founded a chain of charter schools and is beloved of Eli Broad, Reed Hastings, and the California Charter Schools Association.

Justice should be swift and unbiased. Let Ref Rodriguez make his case in court, not in the media.

The Program on Education Policy and Governance at Harvard University has always been pro-school choice, pro-charters, pro-vouchers.

But now the PEPG–headed by the General of the School Choice Movement Paul Petersen–has outdone itself.

It is staging a two-day celebration of Betsy DeVos and the Trump agenda of public school-bashing, funded by the Koch Brothers and other rightwing foundations.

There is nary a critic of this radical rightwing agenda, not as a presenter or a panelist.

The conference is called “The Future of School Choice.”

The Charles Koch Foundation is a major funder, but after it became clear that his name was embarrassing, it was removed from the list of sponsors.

How shameful that Harvard would lend its name to a one-sided effort to cheer on the destruction of public education and would give a platform to a woman with no academic credentials.

As the writer for the New Republic, Graham Vyse, points out, the Harvard Institute of Politics invited Sean Spicer and Corey Lewandowski to accept fellowships, so the University apparently has low standards.

Apparently Jeff Sessions is about to give a speech about “free speech” in which he will decry “political correctness” on campus, meaning I assume the refusal to debate issues.

Do you think he will single out Harvard’s PEPG for refusing to hold a debate about the future of school choice and excluding those who recognize the civic importance of public education and the failure of charters and vouchers to live up to their claims?

I’m not holding my breath.

I am adding Harvard’s Program on Education Policy and Governance to this blog’s Wall of Shame for its failure to permit even the most minimal expectations of academic and scholarly fairness, and for turning itself into a propaganda mill for the privatization movement, at the behest of Big Money.

Peter Greene read a report published by the Center for the Reinention of Public Education at the University of Washington, a leading advocate for charters, choice, and the portfolio model. The report offers advice to district leaders about how public schools can deal with declining enrollments by working with charter schools and putting them on an equal footing as partners, not competitors.

Maybe I am being a Pollyanna, but I see this report as a sign of weakness, a recognition by privatizers that they must develop strategies to get embedded because the tide of public opinion is turning against them. The opinion poll in the conservative journal EdNext recently reported that public support for charters dropped from 51% to 39% in one year. The NAACP statement criticizing charters undermined their claims about being leaders of the civil rights movement. The almost daily reports of charter scandals in many states is undermining their credibility. Betsy DeVos’s enthusiastic embrace hurts their carefully cultivated public image. Watch for more statements aimed at normalizing charters. They are worried.

Peter reviews the CPRE list of problems and remedies and he is not impressed.

So how do we fix all of these things? CRPE has some thoughts.

Districts need to close schools and negotiate contracts that don’t spend so much money. The closing school solution seems to run up against the “don’t take on long-term debts and costs” solution, as schools frequently manage consolidation of schools by taking on construction projects.

They would like to see more partnership, but their example is “if charters find a way to give cheap retirement plans might encourage public systems to adopt similar systems.” So, yeah, charters that want to pay teachers less could, I suppose, try to convince public schools not to outbid them. That’s cooperation, sort of.

And there would need to be city-level strategy sessions. Which should be a hoot as long as nobody ever addresses the underlying zero-sum game that is charter vs. public schools. But that’s not going to happen, since one proposed solution is that districts “publicly identify” their legacy costs in exchange for a charter funding formula that more closely resembles public per-pupil costs:

For example, charter schools might receive less per-pupil funding under such an agreement but would be able to tell the public, with confidence, that charter and district students received the same classroom funding and that charter schools weren’t contributing to a district’s impending insolvency.

Yeah, that doesn’t even make sense. “Getting same classroom funding” doesn’t equal “not sucking public school dry.” So maybe the suggestion here is that charter’s get their funding and public schools admit that they’re insolvent because their buildings and pensions and teacher pay are all just way expensive. In other words, charters agree to get paid public tax dollars, and public schools agree to publicly say it’s their own damn fault they’re having financial problems. Why would public schools want to enter into this deal, exactly? And would the funding formula include all the “philanthropic” contributions to charters?

CRPE also suggests that public schools be given some limited extra funding to be used only as a means of down-sizing. Or if districts can prove they’re shrinking as fast as possible, charters would agree to a voluntary growth slow down. Or some other grand bargain that basically involves charters conducting business as usual while public schools agree to work harder at dying, already.

CRPE also has a list of Things To Discuss and Research Further. Gather more data about how much financial vampirage charters are really committing, and how much is just, you know, other reasons for districts to lose money. More data about “fixed costs” and just generally how teachers are draining money by wanting to be paid. Figure out the greatest number of students the charters could handle, because that’s the ideal, apparently– as many students taken out of public school as possible. More power for superintendents. They don’t say which power, exactly, but context suggests that old favorite– hire, fire and set salaries without stupid rules and unions. Learning from other sectors like energy and healthcare, because they’re just like schools.

Bottom Line

CRPE is correct in one thing– we do have to look at how charters affect the whole local educational eco-system. But their belief in the inevitable supremacy of charters gets in the way of a useful conversation.

The report seems to boil down basically to “Charters and public schools should work together to make employment conditions worse for teachers. Also, they should team up to help charters thrive and to help public schools die more efficiently and without making charters look bad. For The Children.”

Maybe this is supposed to be an innovative approach to the Socratic method, and public schools are just supposed to take a hemlock bath because it would make life easier for charters. But I don’t imagine many takers will line up to take CRPE’s offer. Not even for the children.

This looks like a good deal for the leaders of a charter school who were accused of misappropriating
Ropristing $3 million for their personal use. No jail time. A payback of $600,000 and pocket change. And an agreement not to lead any other charters until 2020. The fines apparently will be paid by insurance companies, not the defendants.

“The former leaders of a public charter school for disabled and at-risk teenagers have agreed to settle a District lawsuit alleging they sought to enrich themselves by diverting millions of dollars in taxpayer money meant for the school into private companies they created.

“Donna Montgomery, David Cranford and Paul Dalton, all former managers at Options Public Charter School, agreed to a collective settlement of $575,000, which will be paid to the school that now operates under new leadership as Kingsman Academy. Jeremy Williams, a former chief financial officer of the D.C. Public Charter School Board, who allegedly aided the scheme, agreed to a settlement of $84,237 in a separate deal signed last week. The defendants agreed that they would not serve in a leadership role of any nonprofit corporation in the District until October 2020.

“This settlement ensures that more than $600,000 in misappropriated funds will now go to Kingsman Academy to serve disabled students in the District of Columbia, and will deter future wrongdoing,” said Robert Marus, a spokesman for the Office of the Attorney General. “As the referees for the District’s nonprofit laws, our office will continue to bring actions against any who would misuse funds meant for public or charitable purposes.”

“A statement issued by attorney S.F. Pierson, who represents Dalton, said all three former managers “continue to contest the District’s claims and continue to maintain their position that they managed Options to the highest standards.” Pierson said the former school leaders are “not personally paying” anything to settle the District’s claims. It’s common that insurance plans cover litigation-related costs for nonprofit directors or corporate officers.”

This is a big win for the accused, but a loss for the disabled students, who didn’t get the services intended for them.

This is one of Gary Rubinstein’s best posts ever.

He watched Laurene Powell Jobs’ extravaganza about her efforts to redesign the American high school into XQ Super Schools. The one where she bought time on four networks.

The one where celebrities said again and again that high schools have not changed in 100 years; Gary does a good job of shredding that myth. Yes, high schools have changed in the past 100 years, but some things should never change and will be found in high schools all over the world.

He notes that the show has had no effect. It seems to have disappeared as soon as it was on the air.

But it didn’t disappear for him because he realized that he taught at one of the XQ Super Schools, a high school in Houston that allegedly was a failing school that was miraculously transformed.

Gary shows that it was not the nightmare school that the producers claimed it to be, nor has it had the miraculous transformation that the show now boasts about.

It was a good school when he was there, even though there was a gang population in the ninth grade.

What he discovers is that the school now has a charter school on campus, which apparently serves as a dumping ground for the kids who are not going to graduate. The regular school raised its statistics by pushing out the bad kids.

No miracle there!

But the school does have a really nice garden. That’s new. That’s good. Is that what caused the claimed spike in test scores? Not likely.

He writes:

One thing that this program definitely accomplished is product placement. It seems that one feature of innovative high schools is that students use a lot of laptops and it seems like most of those laptops are Apple products. While iPads were once considered to be something that was going to be a big part of education, the thing most schools are actually using are a type of laptop called a Chromebook, which is an inexpensive Google product. Since the kids in these schools are using Apple laptops, maybe one purpose of this show was to help with Apple’s competition with Google for the education market.

One thing we did not see a lot of in this was overt teacher bashing. I suppose this is why Randi Weingarten attended and tweeted about how wonderful a program this is. Now even though there wasn’t overt teacher bashing, there was some less direct bashing like the part where celebrities were asked what they wish they learned in high school. Based on their answers, the only conclusion is that their teachers must not have taught those things to them very well.

This program didn’t really seem to resonate with anybody and most people on both sides of the education reform wars have pretty much forgotten about it already. It was a colossal waste of money and shows that being rich doesn’t mean that you necessarily have the right to dictate education policy.

I think that it is not an accident that there was no mention of evil unions or miracle charter schools or school choice in this program. My sense is that reformers realize that most of the talking points from Waiting For Superman don’t work anymore. The public has wised up. They don’t believe as much that teacher’s unions are the problem or that charter schools are the solution. So this program is an attempt to get a new rationale that the public can believe and get behind whatever reforms the reformers want to try, which of course will be more union busting and charters and vouchers. So the new thing is that schools haven’t evolved much in the past 100 years and that’s a problem. All that matters is that the public believes there is some problem, whatever it is. It doesn’t need to be the unions, but it must be something so the 100 year thing will likely be repeated a lot of over the next decade as the new villain for them to save us from.

Donald Cohen, executive director of “In the Public Interest,” an organization that fights privatization of public services, writes about the curious combination of people who poured serious money into the Massachusetts charter school battle last fall.

When the Massachusetts Office of Campaign and Political Finance forced a pro-charter school political organization to reveal its donors, guess which words jumped off the page? Bain Capital.

Of the more than $15 million Families for Excellent Schools spent pushing last November’s controversial ballot initiative to increase the number of charter schools in Massachusetts, $1.4 million came from Bain investors, including Romney’s fellow cofounder Josh Bekenstein.

The initiative was voted down—parents, teachers, and residents mobilized to protect traditional public schools—but until now we had little proof that a shadowy gang of private investors and billionaires were leading the charge.

Donors included the owner of the Oakland Athletics baseball team, the billionaire hedge fund manager Seth Klarman, Alice Walton of the Walmart family fame, and even Massachusetts’s current chairman of Massachusetts Board of Elementary and Secondary Education, the venture capitalist Paul Sagan.

So why does Bain and a handful of billionaires want more charter schools?

We really don’t know, at least yet. Like everything in finance, the tangled knots and paper trails are seemingly endless.

Maybe they’re just being nice and philanthropic, trying to help, as Romney himself once called them, “inner city kids.” But maybe they’re up to something else.

In our report on California’s charter schools, we dug into the $2.5 billion in taxpayer dollars and subsidies spent in the past 15 years to help private groups lease, build, or buy school buildings. Due to a severe lack of regulation, some of this money has ended up in the pockets of investors and executives.

For example, two schools in Stockton, California, are renting space for three and half times the market rate from a company with business ties to the CEO of the charter operator that oversees them.

Los Angeles’s Alliance network of charter schools has received more than $110 million in federal and state taxpayer support for its facilities, which are not owned by the public, but are part of a growing empire of privately owned real estate now worth in excess of $200 million.

The bottom line is, there’s lots of taxpayer money sloshing around in an unregulated market, and few people know where it’s going.

For some well-meaning educators and parents, charter schools are about innovation and alternative learning. But for the investors and billionaires behind the growing charter school industry, they seem to be about something else altogether: private control of taxpayer money.

Gary Rubinstein has been watching the trajectory of the much-ballyhooed Tennessee Achievement School District. It was the pinnacle of reform chutzpah. Give us the lowest scoring schools in the state, said the reformers, and we will turn them into high performing schools in only five years.The basic strategy is to turn public schools over to charter operators.

That’s what they said in 2012. Five years ago. Time’s up.

Gary writes here–with full acknowledgement that “growth scores” are “garbage,” that the ASD is lagging far behind. Why use “garbage” scores? Because that the reformers’ chosen metric. The state has not released the latest scores, but the growth scores are abysmal.

He writes:

“Six years ago, the Tennessee Achievement School District (ASD) was created with the promise that within 5 years they would ‘catapult’ the schools in the bottom 5% to the top 25%. They would do this by either taking over schools or finding charter schools to take over those schools.

“Things were not looking good for the ASD four years into the experiment and then they got a reprieve in the 5th year when the state test results were nullified because of technical snafus.

“The spring 2017 test scores would settle the question about whether or not the ASD would be a success or a failure. But the test scores were not announced at the usual time, over the summer. Instead they released the high school scores a few weeks ago, which were awful for the ASD with less than 1% meeting the standard in math. A few days after that, the superintendent of the ASD, Malika Anderson, resigned after less than 2 years on the job. She had replaced ASD founder Chris Barbic, who resigned after 4 years.

“Well, the 3-8 Tennessee test scores still haven’t been released, but the other day the state released the ‘growth scores’ for the districts. Tennessee is actually the birthplace of the value added growth model and the version of it that they use is called TVAAS.

“The Achievement School District probably made a mistake in making their name something that would likely be on the top of an alphabetical list of scores. Looking at the chart from Chalkbeat Tennessee, it can be seen very clearly, that The ASD students, on average, did not ‘grow’ at least according to the magical TVAAS formula that they have so much confidence in.

“Looking at the individual school results from the state website, we see that 19 out of 29 schools in the ASD got a 1 on their overall growth for 2017. Among those schools was KIPP Memphis Prep.”

Gary will write again when the scores are released, but the prospects are not good for the schools in the ASD.

Meanwhile the ASD concept has been replicated in other states, modeled on the Tennessee ASD. I am not sure how many others have created their own ASD but North Carolina and Nevada are among them.

Chalkbeat thought that it would be interesting to gain access to the email correspondence of Success Academy Network to find out how they handled the Dan Loeb crisis. It’s reporter filed a Freedom of Information request. Dan Loeb is the billionaire who is chairman of the SA board who made a racist comment, writing that the leading African American legislator in the State Senate did more damage to black children than the KKK.

The SA Network refused to release any records because they are private, not public. Public records laws don’t apply to them, they said.

Thus, they are public only for getting money, but private when it’s time for accountability and transparency. Accountability and transparency, it turns out, are for the little people.

Chalkbeat writes:

“Success Academy Charter Schools, Inc. (SACS) is a private nonprofit organization that provides services to charter schools, but it is not itself a charter school or a government agency under FOIL,” wrote Success Academy lawyer Robert Dunn in response to an appeal of a Chalkbeat request for Moskowitz’s emails under the state’s Freedom of Information Law, which the network had denied. “Thus, it is not in and of itself subject to FOIL or required to have an appeal process.”

“In addition, Success officials said the emails would not need to be released because they qualify as internal communications that are exempt from the public-records law.

“The city’s most prominent charter school networks — including KIPP and Uncommon — have similar CMO structures, which appears to shield their leaders from at least some FOIL requests. While “the KIPP NYC public charter schools themselves are subject to the New York Freedom of Information Law,” KIPP spokesperson Steve Mancini said in an email, the “CMOs are not.”

“But some government-transparency advocates argue that the law is not so clear cut.

“Because CMOs are so heavily involved in the operation of public schools, it could be argued that the vast majority of their records are kept on behalf of public schools and should be public, said Bob Freeman, executive director of the Committee on Open Government and an expert on public-records laws.

“Even though nonprofits aren’t covered by FOIL, he said, “Everything you do for an entity that is subject to FOIL — everything you prepare, transmit, and receive — falls within the scope of FOIL.”

John Merrow and Mary Levy responded to a laudatory article by Tom Toch about the miraculous transformation of the D.C. Public Schools, under the leadership of Michelle Rhee and Kaya Henderson. Together, Rhee and Henderson led the district for a decade. Their results should be clear. Toch was impressed. Merrow and Levy were not.

Merrow is the nation’s most distinguished education journalist; Levy is a civil rights lawyer who has documented changes in the D.C. public schools for many years. The article they criticized (“Hot for Teachers”) was written by Tom Toch, whose organization FutureEd is funded by, among others, the Walton Family Foundation (“hot for privatization”), the Bezos Family Foundation (“amazon.com”), the rightwing Smith Richardson Foundation, and the Raikes Foundation (former president of the Gates Foundation). Its aim apparently is to justify the high-pressure, high-stakes

Tom Toch responded to Merrow and Levy, repeating what he said in the original article. You can read his response, which follows the Merrow-Levy article.

Here is a sampling of Merrow and Levy’s commentary:

To remain aloft, a hot air balloon must be fed regular bursts of hot air. Without hot air, the balloon falls to earth. That seems to be the appropriate analogy for the District of Columbia Public Schools (DCPS) during the ten-year regime (2007–2016) of Chancellors Michelle Rhee and Kaya Henderson. Their top-down approach to school reform might not have lasted but for the unstinting praise provided by influential supporters from the center left and right—their hot air. The list includes the editorial page of the Washington Post, former U.S. Secretary of Education Arne Duncan, and philanthropist Katherine Bradley. The most recent dose is “Hot for Teachers,” in which Thomas Toch argues that Rhee and Henderson revolutionized the teaching profession in D.C. schools, to the benefit of students. But this cheerleading obscures a harsh truth: on most relevant measures, Washington’s public schools have either regressed or made minimal progress under their leadership. Schools in upper-middle-class neighborhoods seem to be thriving, but outcomes for low-income minority students—the great majority of enrollment—are pitifully low.

Toch is an engaging storyteller, but he exaggerates the importance of positive developments and misrepresents or ignores key negative ones, including dismal academic performance; a swollen central office bureaucracy devoted to monitoring teachers; an exodus of teachers, including midyear resignations; a revolving door for school principals; sluggish enrollment growth; misleading graduation statistics; and widespread cheating by adults.

Academics

When they arrived in 2007, Rhee and her then deputy Henderson promised that test scores would go up and that the huge achievement gaps between minority and white students would go down. Here’s how Toch reported what has happened on their watch: “While Washington’s test scores have traditionally been among the lowest in the nation, the percentage of fourth graders achieving math proficiency has more than doubled on the National Assessment of Educational Progress (NAEP) over the past decade, as have the percentages of eighth graders proficient in math and fourth graders proficient in reading.”

Those results, however, stop looking so good once we disaggregate data about different groups of students. Despite small overall increases, minority and low-income scores lag far behind the NAEP’s big-city average, and the already huge achievement gaps have actually widened. From 2007 to 2015, the NAEP reading scores of low-income eighth graders increased just 1 point, from 232 to 233, while scores of non-low-income students (called “others” in NAEP-speak) climbed 31 points, from 250 to 281. Over that same time period, the percentage of low-income students scoring at the “proficient” level remained at an embarrassingly low 8 percent, while proficiency among “others” climbed from 22 percent to 53 percent. An analysis of the data by race between 2007 and 2015 is also discouraging: black proficiency increased 3 points, from 8 percent to 11 percent, while Hispanic proficiency actually declined, from 18 percent to 17 percent. In 2007 the white student population was not large enough to be reported, but in 2015 white proficiency was at 75 percent.

The results in fourth grade are also depressing. Low-income students made small gains, while “others” jumped to respectable levels. As a consequence, the fourth-grade proficiency gap between low-income and “other” students has actually increased, from 26 to 62 percentage points, under the Rhee/Henderson reforms.

Results of the Common Core tests known as PARCC, first administered in 2015, are similarly unimpressive. The black/white achievement gap is 59 percentage points. Although DCPS students achieved 25 percent proficiency system-wide, the average proficiency in the forty lowest-performing schools was 7 percent. In ten of the District’s twelve nonselective, open-enrollment high schools, somewhere between zero and four students—individuals, not percentages—performed at the “college and career ready” level in math; only a few more achieved that level in English. This is a catastrophic failure, strong evidence that something is seriously wrong in Washington’s schools.

Remember that these students have spent virtually their entire school lives in a system controlled by Rhee and Henderson. In short, despite promises to the contrary, the achievement gap between well-to-do kids and poor kids as measured by the NAEP has widened under their watch and is now over twice as high in fourth grade and two and a half times as high in eighth as it was a decade ago. White proficiency rates now run 55 to 66 percentage points above black proficiency rates and 42 to 66 percentage points above Hispanic rates…

Toch writes about Washington’s success in recruiting teachers, even poaching them from surrounding districts. He attributes this to higher salaries and increased professional respect and support. And he adds, in a carefully qualified sentence, that “the school system’s strongest teachers are no longer leaving in droves for charter schools.” Well, perhaps they’re not leaving for charter schools, but they sure as heck are leaving—in droves. Toch fails to mention the embarrassingly high annual turnover of 20 percent system-wide and a staggering 33 percent every year over the last five years in the forty lowest-performing schools. This means that in the neediest schools, one out of every three teachers is brand new every year. And all newly hired teachers, whether novices or poached from elsewhere, leave DCPS at the rate of 25 percent annually. In a recent study of sixteen comparable urban districts, the average turnover rate was just 13 percent.

Defenders of the D.C. approach would have you believe that these teachers have failed to increase test scores. While that is true in some cases, other evidence should be considered. Student journalists at Woodrow Wilson High School interviewed this year’s departing teachers, who expressed frustration with “DCPS’s focus on data-driven education reforms” and “lack of respect and appreciation.” Teachers, including those rated “highly effective,” cited the stress of frequent changes in the demands of the IMPACT teacher evaluation system as well as the absence of useful feedback.

Merrow and Levy also cite the large increase in the number of administrators, the high level of principal turnover, and the large number of teacher resignations midyear. They also refer to allegations of widespread cheating, which Toch dismisses. They ask whether the graduation rates can be taken seriously when the test scores are so low.

They conclude:

But, ultimately, Rhee and Henderson lived and died by test scores, and their approach—more money for winners, dismissal for losers, and intense policing of teachers—is wrongheaded and outdated. Their conception of schooling is little changed from an industrial age factory model in which teachers are the workers and capable students (as determined by standardized test scores) are the products. The schools of the twenty-first century must operate on different principles: students are the workers, and their work product is knowledge. This approach seeks to know about each child not “How smart are you?” but, rather, “How are you smart?”

Rhee and Henderson had the kind of control other school superintendents can only dream of: no school board, a supportive mayor, generous funding from government and foundations, a weakened union, and strong public support. Yet, despite carte blanche to do as they pleased, they failed. Without the hot air of public praise, the Rhee-Henderson balloon would have plummeted to earth.

Toch defends the NCLB test-and-punish approach. He thinks that the pressure on teachers was good for the teachers, the principals, and the students. The sorriest part of the NCLB legacy is that so much of it was preserved in the “Every Student Succeeds Act.” If you think about it, is there any difference even rhetorically between saying “no child left behind” and “every student succeeds”? Does anyone seriously believe that any federal law can achieve either result? After nearly 20 years of trying, isn’t it time to ask the question that John Merrow repeatedly asks: Not, how smart are you? But, how are you smart? Isn’t it time to read Pasi Sahlberg’s books and learn about what 21st century education looks like? Isn’t it time to stop Taylorism and abandon the failed ideas of the early 20th century?

Leonie Haimson, hardworking CEO of Class Size Matters and New York City’s foremost parent advocate, has written a letter to the SUNY charter committee explaining why Eva Moskowitz’s former chief attorney for the Success Academy charter chain, should NOT be allowed to start her own charter school.

Open the link to read the citations and the letter written by the parent of a student with special needs whose file was made public by Success Academy in retaliation for her appearance on John Merrow’s program about the abusive practices of Success Academy.

To the SUNY Charter committee and Board:

I urge you to reject the proposed authorization of the Zeta charter school, for many of the reasons cited by the Tory Frye of the D6 Community Education Council,[1] but also because Emily Kim, the proposed founder, was the chief attorney for the Success Academy chain while the network proceeded to repeatedly violate state and federal laws and deprive students of their civil rights.

More specifically:

· In October 2015, Success Academy retaliated against a parent of a special needs child who had spoken on a PBS show about his repeated illegal suspensions by Success, by posting her child’s disciplinary file online and sending the link to reporters nationwide. This action was a flagrant violation of his federal privacy rights according to FERPA, the Family Educational Rights and Privacy Act. [2]

· Only after the parent, Fatima Geidi, filed a complaint with the US Department of Education, and several months ensued did Success Academy finally take down his file.[3]

· On January 20, 2016, parents of 13 current and former students of Success Academy filed a complaint with the Office of Civil Rights of the US Department of Education, accusing the network of discriminating against students with disabilities by denying them their mandated services, repeatedly suspending them without providing alternative instruction, and in some cases pushing them out. This complaint was joined NYC Public Advocate Letitia James; Councilman Daniel Dromm, the chair of the NYC Council Education Committee; Legal Services NYC; the Legal Aid Society; MFY Legal Services; the Partnership for Children’s Rights; and the New York Legal Assistance Group.[4]

· Subsequently, the federal Office of Civil Rights launched an investigation into Success Academy’s discriminatory practices, the results of which have not yet been released.[5]

· SUNY itself was reported to have launched its own investigation into Success Academy’s push-out policies, and more specifically the infamous “Got to Go” list. [6]

· In April 2016, parents at Success Academy Fort Greene launched a new federal lawsuit, alleging “illegal, discriminatory” campaign against children with special needs , including sending their children to emergency rooms without cause, illegally suspending them, and threatening to call the Administration for Children’s Services if they refused to pick their child up early from school These parents are represented by Stroock & Stroock & Lavan LLP, New York Lawyers for the Public Interest and Advocates for Justice.[7]

· In addition, the application for this new charter school should be rejected since Ms. Kim is planning to co-locate her school in a district public school building, which would prevent the already-overcrowded schools in the district from having sufficient space to reduce class size, as previously agreed upon by the city in its original Contracts for Excellence plan. [8]

· In July 2017, a legal complaint was filed against DOE with the NY State Education Department for failing to comply with the its state-approved Contracts for Excellence class size reduction plan. [9] This complaint was prepared by the Education Law Center on behalf of Class Size Matters, the Public Advocate, the Alliance for Quality Education and nine NYC public school parents.[10]

Until the results of the investigations by the federal Office of Civil Rights and SUNY are released and these complaints and lawsuits are decided, it would be premature and ill-considered to allow Ms. Kim to open her own charter school, given her history of facilitating and defending repeated violations of children’s civil rights.

Below are additional personal observations by Fatima Geidi of Ms. Kim’s behavior, while her child attended Upper West Success Academy.

Yours sincerely,
Leonie Haimson, Executive Director