Archives for category: Deregulation

Two Democratic legislators from Wisconsin joined the hard-right American Legislative Exchange Council (ALEC) to keep track of what their opponents were planning. They recently attended the 50th annual ALEC convention in Orlando, Florida.

ALEC has about 2,000 state legislators as members. ALEC writes model legislation on the environment, education, gun rights, and every other topic likely to be considered by state legislatures. The members take the model legislation back to their home state and introduce it after writing in the name of their state. ALEC is against gun control, against public schools, against environmental protections, etc. ALEC is funded by major corporations and acts as a voice for corporations that want no government regulation.

Erik Gunn is the deputy editor of the Wisconsin examiner, which first published this report.

Wisconsin State Reps. Francesca Hong and Kristina Shelton aren’t exactly the typical lawmakers to belong to the American Legislative Exchange Council — ALEC for short.

Hong, of Madison, and Shelton, of Green Bay, are staunch Democrats who have consistently voted against bills advancing the policies of the sort ALEC promotes. While the organization is legally nonpartisan and a tax-exempt nonprofit, it has become widely known as the birthplace of right-wing legislative proposals that find a home mainly with Republican state lawmakers around the country.

Last week, however, the two second-term Assembly members were in Orlando for ALEC’s annual meeting. It was Shelton’s second visit and Hong’s third. When they posted about their participation on social media, some followers wondered what they were doing in a crowd so ideologically at odds with their own political stances.

“I think it’s important to understand the agenda of the opposition,” Hong says. “And our current political reality requires us to know what the motivation is of our colleagues and where they’re getting model legislation from [along with] talking points, candidate training. These are all things that are available at ALEC.”

“It gives us an understanding of what’s to come,” adds Shelton — in the form of future legislation that members of the Republican majority might introduce. “And it helps us prepare as Democrats, organizing our own legislation and messaging. There’s no better way to prepare than to hear it directly from the folks on the other side….”

Hong and Shelton view themselves as carrying on a tradition among progressive Wisconsin lawmakers in joining ALEC, attending its events and going back home to report what they see and hear. Their predecessors are former state Rep. Mark Pocan, now a member of Congress, and former state Rep. Chris Taylor, now an appeals court judge.

Their name tags for the ALEC event simply identify them as Wisconsin state representatives, and Hong and Shelton say they don’t go out of their way to out themselves as Democrats — but they aren’t undercover, either…

As paying ALEC members (dues are $200 a year; conference fees are $750), they can’t be excluded on ideological grounds because of the group’s nonpartisan legal status, says Hong, who adds she has asked ALEC for its guest list “multiple times” but never received it.

Membership includes the opportunity to join two subject-matter task forces. Hong chose energy and environment as well as taxation and federalism. Shelton’s two were health and human development and education and workforce. Those sessions are where the details of proposed model legislation from the organization are outlined. They are also where the role of big business is most evident in helping to shape the organization’s proposals….

On education, Shelton says, the organization has heavily promoted school privatization proposals, including education savings accounts and universal private school vouchers, such as were included in a sweeping education bill in Arkansas, the LEARNS Act, enacted earlier this year.

“They’re no longer interested in sort of nibbling around the edges on school vouchers,” Shelton says. “They’re going all in — removing the income limits, moving to those education savings accounts, wildly expanding public investment for religious schools … [and] dismantling any sort of bureaucratic accountability measures.”

Hong says the education proposals have also been made with reference to the difficulties that employers have had filling job openings.

“The framing of it didn’t come off as full, ‘We’re attacking public schools,’” Hong says. “This is how we’re going to get more workers is to essentially make schooling and education’s sole purpose is to be producing workers.”

On economic and social policy, a persistent talking point was “about making poor people rich, not rich people poor,” she adds, while government assistance is “dragging down the economy” and “morally wrong.”

“They’re really digging into that narrative and saying that growing government to help those people is going to be the end of time,” Hong says.

To be sure, ALEC is just one of many organizations, from the AFL-CIO to the Sierra Club, that pursue policy change, sometimes constructing model legislation for that purpose. The difference, Shelton says, is that the group’s agenda doesn’t appear to her to be about policy so much as about political power.

“I think what’s different here is a sort of militant approach by those on the conservative right to not be as interested in actually solving the problems in the critical issues of working people,” she says, “but rather creating legislation to drive issues that they see as winning at the ballot box.”

Even so, a prevailing theme was diminishing the role of government and freeing corporations and business, the two Wisconsin Democrats say.

Caroline Hendrie, a veteran journalist who wrote for many years at EdWeek, wrote an overview of the implementation of vouchers (or “Education Savings Accounts“) in states that have endorsed “universal” access, removing almost all limits on access to them. Vouchers for rich and poor alike. As Josh Cowen has written in many articles, most students who use vouchers never attended public schools. And those from public schools who use vouchers are likely to do less well academically than the peers they left behind. No longer do you hear that vouchers will “save poor kids from failing public schools” because they don’t. In red states, they are a gift of public funds to families who happy to collect $6,000-$10,000 to underwrite their private school tuition.

Hendrie explains that voucher fans fall into two camps: On one side are those who want voucher families to restrict their use of public funds only to authorized expenditures, like tuition, tutoring, computers, school supplies. On the others are parents who say they want no restriction on what they purchase.

Like Florida, the states of Arkansas, Iowa, and Utah have all enacted laws this year that would open ESAs—sometimes after a multiyear phase-in—to most if not all school-age children in their states. Those four followed Arizona and West Virginia, which started implementing similar universal programs in 2022.

That wave plus other legislative action in 2023 brought to 13 the number of states with one or more education savings account programs funded directly from state revenues. In addition, Missouri has an operating ESA program paid for through tax credits.

Amid this growth, controversies have flared over ESA implementation—most notably but not exclusively in Arizona.

Critics complain that voucher money has been spent on non-education expenses, like swimming pools, kayaks, bbq grills, greenhouses, chicken coops, pianos, pizza ovens, and trampolines.

But parent groups have advocated for maximum flexibility, in which parents get a debit card and are free to purchase whatever they want, with no oversight.

Of course, vouchers create new for-profit opportunities. A company named ClassWallet has emerged to provide financial services to voucher states.

In 2019, Arizona contracted with the company ClassWallet to facilitate ESA transactions on its online spending-management portal. ClassWallet is also used by ESA programs in Indiana, Missouri, New Hampshire, and North Carolina.

On its website, the Florida-based ClassWallet lists its offerings:

ClassWallet is a digital wallet with an integrated eCommerce marketplace, automated ACH direct deposit, and reloadable debit card with pre-approval workflows and audit-ready transaction reporting. ClassWallet reduces overhead costs, saves valuable time, and better visibility and control for decentralized purchases.

Save Our Schools Arizona, which led the campaign to stop voucher expansion in 2018, is convinced that the state’s new commitment to universal vouchers will prove harmful to public schools, where most students are enrolled.

Save Our Schools Arizona, which advocates for public schools and opposes the 2022 ESA program expansion, argues that ongoing disputes over implementing the broader program prove it has become, as the organization’s executive director, Beth Lewis, puts it, “too big to succeed.”

Lewis said that the program is “wide open” for fraud. “It is interesting to watch my taxpayer dollars be used to build a garden in everybody’s backyard, when my public school can’t afford one,” she said. “It’s just this unspoken rule of, if you see it in a public school, then it’s approvable.”

Other states should view Arizona’s move to universal eligibility not as a model but as a cautionary tale, Lewis argues. She sees evidence of that happening in states such as Arkansas and Iowa, where newly passed laws call for incremental, multiyear expansions before getting to universal eligibility.

“I think they looked at Arizona and saw that this is a complete disaster and is not serving families well,” Lewis said. “There’s no way to ensure transparency. And they said, ‘Well, at the very least, we need to phase this in.’”

School-choice advocates tend to defend Arizona and see its uneven expansion process as par for the course when states try something different to promote educational freedom.

The last thing the choice lobby worries about (if ever) is the well-being of public schools, even though they enroll the vast majority of students in the state.

Mike Miles is asking the Texas Education Agency to allow him to recruit uncertified teachers, principals, and deans. This move follows the Broadie playbook that education experience doesn’t matter. Broadies are known for their love of TFA. Miles may be reaching even lower since uncertified teachers do not require a college degree.

Houston ISD is seeking board approval this month for a waiver from the Texas Education Agency to hire uncertified deans and assistant principals for the next three years.

This follows the district asking for state approval to have an uncertified superintendent and uncertified teachers.

HIRING HUNDREDS HISD to seek TEA approval to hire uncertified teachers to fill classroom vacancies

The HISD Board of Managers is set to meet Thursday evening for a work session, where they’ll discuss the agenda for the board’s regular Aug. 10 meeting. Next week, the board is expected to vote on whether to approve an application for a certification waiver to employ assistant principals and deans without a certification through the 2025-2026 school year.

To be an assistant principal in Texas, an educator must have a certificate as an administrator, assistant principal, mid-management administrator, principal or superintendent.

Texas no longer issues an assistant principal certification, but the requirements for a principal certification in Texas include a master’s degree, a valid classroom teaching certificate, two years of teaching experience, and completion of a principal educator preparation program and two principal certification exams.

According to the TEA, districts can request a teacher certification waiver for someone to serve as a principal or assistant principal if an education does not currently hold a state certification. The request needs board approval before it is submitted to TEA for review and approval.

The board’s Thursday agenda also includes the topics of teacher vacancies and teacher certification waivers. In addition to a waiver for principals and deans, the district is seeking to waive Texas certification requirements for teachers to reduce vacancies on campuses before the school year begins.

https://www.axios.com/local/indianapolis/2023/07/24/indiana-private-school-vouchers

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.”

Peter Greene, retired teacher, contributes regularly to Forbes, where he reaches an audience of non-educators. In this post, he writes about the Network for Public Education’s new report on the fundamentally flawed CREDO report on charters, which claimed to show that charters outperform public schools.

He writes:

Over the past two months, headlines have declared that charter schools are outperforming traditional public schools, based on a new study from the Center for Research on Education Outcomes (CREDO), but a critique from the Network for Public Education suggests that the results are being overblown.

CREDO is housed at Stanford University but appears to be associated primarily with the conservative Hoover Institute (also housed at Stanford), with large chunks of funding coming from the pro-charter Walton Family Foundation and City Fund.

CREDO’s report highlights differences between charters and traditional public schools in days of learning. But “days of learning” doesn’t actually mean days of learning. Instead, it’s a metric that CREDO invented back in a 2012 paper as a way of rendering standard deviations of test scores more accessible to the average reader. By dividing one standard deviation in tests scores by the 720 days between 4th grade and 8th grade tests.

So 0.01 standard deviation translates to 5.78 days of learning.

CREDO finds charters come out ahead by 16 days of learning for reading, and 6 days of learning for math. That translates 0.011 and 0.028 standard deviations over traditional public schools.

But is that a remarkable difference?

To answer that question, NPE turned to another CREDO report.

In reading, charter students, on average, realize a growth in learning that is .01 standard deviations less than their TPS counterparts. This small difference — less than 1 percent of a standard deviation — is significant statistically but is meaningless from a practical standpoint. 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.

In math, the analysis shows that students in charter schools gain significantly less than their virtual twin. Charter students on average have learning gains that are .03 standard deviations smaller than their TPS peers. Unlike reading, the observed difference in average math gains is both significant and large enough to be meaningful. In both cases, however, the absolute size of the effect is small.

In other words, when a study found charter schools behind traditional public schools by that amount, CREDO found the effects “meaningless” and “small.”

NPE also faults the study’s Volume II for being selective in its choice of charter management organizations to include in the study. In particular, NPE notes, CREDO did not include Charter Schools USA, which operates nearly 100 schools, the Michigan-based Leona Group, which operates 58 schools, and Pearson’s Connection Academy, the second-largest national chain of on-line charter schools. Just these three chains of the several left out of the study would potentially have large effects on the results.

The report points out that CREDO methodology has been criticized by scholars in the past, and that CREDO research is generally not peer-reviewed. “CREDO’s report engaged in misleading reporting of its own findings but continues to use a flawed methodology, as scholars have repeatedly shown when reviewing prior CREDO reports,” argues NPE.

I reached out to CREDO for their response to the NPE report. If they reply, that will be added to this post.

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.

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.

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.

Edward McKinley of the Houston Chronicle reports that demand for charter school seats is lagging in Texas. Open the link to the article to see the enrollment predictions for the 18 new charters and their actual enrollment. The article is not behind a paywall.

Organizations that opened new charter schools in Texas over the last five years frequently overestimated the number of students they would enroll in their early years when making their pitch for state approval, according to a review of statewide data.

Of the 19 schools approved since 2017 that have opened, 18 fell short of their enrollment projections, and 14 were at least 20 percent lower than they estimated. In eight cases, enrollment was at least 60 percent less than the number projected.

In Harris County, for example, Legacy School of Sports Sciences said it planned to have about 1,850 students by this school year, while actual data shows its enrollment was 447. In Bexar County, Royal Public Schools planned for 672 students, while its enrollment was around 200.

Officials at both schools did not respond to a request for comment.

Over the last decade, the Legislature has smoothed the way for charter schools to quickly expand, giving more authority to the Texas Education Agency and taking it away from the state education board and from cities and towns.

From 2017 to 2021, the total number of charter school campuses exploded. Enrollment grew from about 273,000 students to more than 377,000.

But as charter school groups continue to push for more support from the state, the failures of new schools to hit enrollment projections undercuts the argument that there is massive demand.

Members of the state board have grumbled that charter applicants that come before them for approval are offering overly rosy visions of their future or even misleading the board entirely.

At the State Board of Education meeting last month considering the latest new charter school applicants, Member Aicha Davis, D-Dallas, asked why the board should approve a new set of schools when recent ones haven’t performed to their expectations.

“We’ve been approving charter schools every single year, even during COVID years, without really reviewing the success of the charters that we’ve approved,” Davis said in a phone interview. “Almost none of them are anywhere near capacity, so we’re consistently opening new schools even when the existing schools are having problems filling their classrooms.”

Charter school representatives said the projections are often flawed because they come before schools can secure facilities, a major challenge for charter networks that don’t receive state facility funding or local property taxes.

Charter proponents also pointed to the pandemic, during which enrollment at both public and private schools declined. Of late, many local traditional school districts have also fallen short of their enrollment projections.

Under state law, charter schools exist to augment the system of public school districts, which are required to serve every child.

But there’s a long-simmering tension between charters and districts because when a student transfers to a charter, their former district loses out on the associated funding, which averages to about $10,000 per student.

Challenges faced by charter schools

At least some charters treat the estimates more as ceilings than specific goals.

“The enrollment projections for charter applications become your legally binding ceiling,” said Ryan York, a chief executive of The Gathering Place, a technology-focused charter school that opened in San Antonio in 2020. His school’s enrollment projection fell flat by about 14 percent.

“From a process standpoint, there’s a severe penalty if you underestimate, and there’s no penalty if you overestimate,” York said. “You’re going to put a liberal estimate because you don’t want to end up where you have demand and you’re meeting the community’s needs but you aren’t able to meet those needs because you’ve boxed yourself in with the projection.”

According to the TEA, charters on their applications are required to present “realistic and/or justified demographic projections.”

After approval, the schools wait a year before opening, known as the “planning year,” where they acquire property, hire staff and start recruiting students. It’s true that the projections form a basis for a “ceiling,” but the actual enrollment cap isn’t set until this time.

Brian Whitley, spokesman for the Texas Public Charter Schools Association, said the projections included in the applications are “very preliminary.”

“Individual public charter schools don’t have a crystal ball,” he wrote in an email. “They know, when they apply, that demand exists in a community — but there are many factors and logistical hurdles that impact how much and how quickly they can grow.”

State Board of Education Member Tom Maynard, R-Florence, said the charter school applicants that come before the board are giving a sales pitch.

“They come in there and they’re probably being a little bit optimistic,” he said. “I think that moving forward that’s probably going to be something that we’re going to think about a little bit more. … The data analysis is going to have to probably get a little bit more sophisticated.”

In the last seven years, 39 of the 190 organizations that have applied to the TEA to open a new charter school have been approved, or 20 percent. In a key choke point in the process — and the only time when an elected body or official weighs in — the state board has the ability to veto those applicants. In all, 26 organizations received final approval, a rate of about 14 percent.

After schools receive approval, they don’t need to go back to the state board for permission to expand, even if it’s outside of their original locations within the state. After a new application and a review from TEA staff, the only requirement is a signoff from the TEA commissioner, who is appointed by Gov. Greg Abbott — an ardent supporter of charter schools and of using vouchers to subsidize private education.

Although only 18 new charter groups were approved between 2017 and 2021, the number of charter campuses increased during that time from 676 to 872.

‘Very different than what we’ve seen on paper’

Statewide, charter schools enroll a higher percentage of Hispanic or Latino students when compared with traditional public schools. However, based on the statewide data, most new charter schools significantly overestimated the percentages of their student bodies that would be Latino or Hispanic, suggesting many struggle to recruit those students.

Officials from several schools said there may be skepticism among some Latino communities to enroll in new charter schools, which have to work to overcome language barriers or mistrust relating to immigration status. SaJade Miller, superintendent of Rocketship Public Schools in Fort Worth, also suggested that the advocacy network within Black communities — including churches, community centers, groups like the NAACP and others — is more developed, which makes outreach to those students more straightforward.

According to the data, the new charter schools consistently enrolled slightly more Black students than they anticipated.

This year, the state board ultimately voted to approve four of the five charter applicants before them, including Heritage Classical Academy — which had been denied three times previously. The family of Heritage’s president had donated generously to flip several board seats, and the board is now friendlier to charter schools and “school choice” advocates who push for vouchers.

State board Members Maynard and Davis said their key consideration for new charter schools is whether they will offer something innovative that the existing school district does not. They said they’re concerned that schools are painting one picture when they try to win approval from the state — such as opening in one neighborhood instead of another — only to change the plan.

“When we are going through the process of an application and looking at everything, we’re coming from a perspective of what they say they can do,” Davis said. “Then once they open up, a lot of times it’s very different than what we’ve seen on paper.”

Acknowledging that tension, York, with The Gathering Place, said many schools struggle to find a campus when they first open. Enrollment is then often dependent on hyper-specific neighborhood factors, including the other schools nearby and ease of transportation.

It’s a Catch-22, he said: Schools often can’t secure a facility until they have been approved, but they also can’t get approved without a pitch that requires information about geographic details and specific goals.

Correction: A previous version misstated the number of students Legacy School of Sports Sciences projected to have enrolled by this school year. It was 1,850, not 1,450. The estimate was correct in the attached graphic.

Photo of Edward McKinley

Edward McKinley reports on Texas state government and politics from the Hearst Bureau in Austin for the Houston Chronicle and the San Antonio Express-News. He can be reached at edward.mckinley@houstonchronicle.com.

He is a 2019 graduate of the Missouri School of Journalism and a 2020 graduate of Georgetown’s Master’s in American Government program. He previously reported for The Albany Times Union and the Kansas City Star newspapers, and he originally hails from the great state of Minnesota.