Archives for category: Deregulation

Writing in The Progressive, Carol Burris raised an important question: Where are the 1.3 million children who didn’t return to school after schools reopened? Burris is the executive director of the Network for Public Education.

As she points out, the lobbyists for the privatizers claim that they must be in charter schools or voucher schools, but Burris shows this is not accurate. Some may be homeschooled; but the data on the number of children being homeschooled is inadequate to know how many children are being tutored at home.

Burris writes:

Between the fall of 2019 and 2021, 1.3 million children left the American public school system, according toEducation Week. For those who care about the welfare of children, this sharp decline is worrisome. We know that enrollment declineswere the steepest in large cities, where our neediest students reside and where COVID-19 was more devastating.

How many have dropped out, working in the underground economy or languishing at home without schooling? The honest answer is that there is no comprehensive accounting of where (or if) all of those 1.3 million children are now being schooled.

However, what should be a national concern centered on the welfare of children has instead become promotional material for those who wish to eliminate public schools. The libertarian right and its allies, including the Center for Education Reform, have chalked up the decline to a story of unhappy public school parents exercising school choice. But is it?

According to a 2020 report from the National Alliance for Public Charter Schools (NAPCS), “hundreds of thousands of families switched to charter schools during the first full school year of the pandemic.” On the surface, that is correct. But the report avoids the elephant in the room—the kinds of charter schools that gained enrollment during this period.

The 2020 charter enrollment spike that NAPCS reported was largely due to increased enrollment in low-quality online charter schools, as I detailed in an analysis for The Washington Post. Enrollment in these schools increased by 175,260 students during the 2020-2021 school year, representing more than 70 percent of the NAPCS’s reported enrollment growth.

The increase in enrollment in online charter schools that occurred during the early years of the pandemic is part of a long-term trend. In 2013, the National Center for Education Statistics (NCES) started tracking the online school sector. In the pre-pandemic years, between 2013 and 2020, online schools accounted for 25 percent of charter enrollment growth, according to the center’s data.

In 2022, NAPCS published another report that presented a dizzying array of data, some of which contradicted the previous year’s report, to make the case that charters had retained the students they gained in the pandemic shift.

According to that report, in fall 2021, there were only 1,436 fewer students in charters compared to 33,308 fewer students in public schools than there were in fall 2020. The most recent NCES numbers tell a different story: According to that data, charter school enrollment dropped by 5,323 students in 2021, while public school enrollment increased by 83,323 students—small shifts but nevertheless important to note.

So, did charter school enrollment go up during the pandemic? Yes. Was this a seismic shift? No….

Leaders of the anti-public school movement promote bootleg homeschools and “micro-schools” as innovative alternatives to public schools, using declines in test scores as the rationale for abandoning the public system. Ironically, however, homeschoolers are not required to provide any evidence of student learning in most states. This includes Arizona, whose ESA voucher program is taxpayer-funded with no standards. Parents can awarda high school diploma based on any criteria they want. According to Ed Choice, the average Arizona ESA account value on January 17, 2023 exceeded $15,500 per year per student. (On January 18, the site updated that figure to $11,332.)

This is akin to an insurance company giving the parent of an ill child a payout to spend on a cure—with no stipulation that the parent goes to a licensed physician or that anyone reports back on the child’s health.

Certainly, there are responsible homeschoolers who have developed sound programs to educate and socialize their child. But without requirements to provide sound evidence of learning, a sudden spike in homeschooling should be a cause for alarm, not celebration.

While libertarian advocacy groups call for a “de-centralized network of schools,” to resemble what existed for American schooling in the nineteenth century, before Horace Mann, the truth is that before it became a universal system of “government funded and operated schools,” schooling in America was an uncoordinated, free-for-all that left most children undereducated, which is exactly where the contemporary school choice movement is headed.

Instead, what we should be concentrating on is locating those 1.3 million children and ensuring they are both educated and safe.


The U.S. General Accountability Office is a federal agency that reviews federal programs and informs Congress about problems and progress. The GAO is expected to be nonpartisan and highly competent.

But when the GAO was asked to report on the number of federally funded charter schools that closed or never opened, its count fell dramatically short, according to Carol Burris, executive director of the Network for Public Education. Burris was lead author of two reports that found that a large percentage of charter schools funded by the federal Charter Schools Program closed within their first five years or never opened at all. Read those reports here and here. Now she finds that the GAO is asleep at the wheel.

Burris wrote to the GAO to ask it to correct its findings. She gave specific examples of charter schools that disappeared, yet were counted by GAO as open. The agency stonewalled.

Why does this matter? The Department of Education issued new regulations for the federal Charter Schools Program (CSP), banning for-profit charters from receiving federal funding and requiring greater transparency. The charter lobby has vigorously resisted both demands. This week, friends of the charter lobby will attempt to overturn the new CSP regulations, enabling profiteers to continue to grab federal dollars and incompetent charter managers to do the same.

Carol Burris reported her efforts to correct the GAO report at Valerie Strauss’s “Answer Sheet” blog on the Washington Post.

Valerie Strauss wrote the introduction:

In October, the U.S. General Accountability Office (GAO) released a report titled “Charter Schools That Received Federal Funding to Open or Expand Were Generally Less Likely to Close Than Other Similar Charter Schools” in response to a congressional request. The report looked at data about the federal Charter School Program, which over several decades has awarded billions of dollars in grants for the expansion or opening of charters. These schools are publicly funded but privately operated, often with minimal or no oversight from a governmental agency. The GAO said in part:


“The Department of Education awards Charter Schools Program (CSP) grants to help open new charter schools or replicate and expand high-quality charter schools, among other things. While few charter schools closed overall, charter schools that received CSP awards closed at lower rates than similar charter schools that did not receive an award between fiscal years 2006 and 2020. GAO’s analysis found, for example, that within five years after receiving CSP awards, CSP-recipient charters schools were about 1.5 times less likely to close than similar non-CSP charter schools—with an estimated 1.4 percent and 2.3 percent closing, respectively. Within 12 years of receiving CSP grants, the same pattern generally held. The pattern also generally held for CSP-recipient charter schools regardless of the schools’ grade level, locale, student body racial and ethnic composition, or percentage of students receiving free or reduced-price lunch.”


This post, written by Carol Burris, an award-winning former New York high school principal and now executive director of the advocacy group called Network for Public Education, raises questions about the report, saying that the GAO “used outdated charter school status data as the basis of their descriptive analysis.” She explains below how she came to that conclusion.

Burris has written previously on the charter school program on this blog (for example, here and here), and in the following piece she takes issue with some of the GAO’s data and report results. The Network for Public Education is an alliance of organizations that advocates for the improvement of public education and sees charter schools as part of a movement to privatize public education.

The GAO denied that it used outdated data and said it stands by the report. It said that it needs “to use rigorous methodologies that are acceptable to social scientists and statisticians and can withstand scrutiny.” You can see its full response at the end of the piece.

The Department of Education was also asked for a comment and provided a short one that did not directly address the GAO report or Burris’s critique. It said in an email: “Our administration is committed to supporting high-quality public charter schools, as reflected in the president’s budget. And we’re committed to accountability, transparency and fiscal responsibility in the federal charter school program, as reflected in our regulations.”

Burris said her data shows significant undercounting by the GAO of charter schools that closed after receiving federal grants from the Charter School Program — either through state governments or from the Education Department. She said she shared her data with the GAO on numerous occasions.After repeated scandals in the charter school sector and negative fiscal impacts on public school districts from charter expansion, the Biden administration this year made changes to the Charter School Program in an effort to stop waste and fraud and bring more transparency to charter school operations.

In September, the U.S. Education Department’s Office of Inspector General released an audit of the nearly 30-year-old federal Charter School Programs that found, among other things, that charter school networks and for-profit charter management organizations did not open anywhere near the number of charters they promised to open with federal funding. Previous investigations by an education advocacy group, the Network for Public Education, which opposes the growth of charter schools, had found similar problems. (You can read my stories about their “Asleep at the Wheel” reports here and here.)


By Carol Burris


Congress last year directed the Government Accounting Office (GAO) to investigate the controversial federal Charter Schools Program (CSP), which was the subject of regulatory reform by the Biden administration this year. In a 2021 appropriations bill, the House Committee on Appropriation said:


“The Committee requests GAO to provide a report to the Committees on Appropriations on the Department’s oversight over CSP and whether the program is being implemented effectively among grantees and subgrantees. The report should include an analysis of CSP grant amounts over time that supported charter schools, with a particular focus on schools that eventually closed or received funds but never opened; the relationships between charter schools supported by CSP grants and charter management organizations; and an analysis of enrollment patterns at these schools, especially for students with disabilities. The report should examine ways to improve the Department’s oversight of CSP as well as make recommendations on potential legislative changes to the program that would reduce the potential for mismanagement and ineffective operations.


The GAO report published in October does not address all of Congress’s mandate to, and, according to my research conducted over several months, severely undercounts the number of closed CSP schools and the federal dollars spent on them. In addition, that error has a ripple effect on findings throughout the report. What follows explains what went wrong, and the facts that back up these conclusions.

GAO’s numbers don’t add up

The published report, which covered only a small part of the congressional investigatory request, examined three programs, which they refer to as (1) the State Educational Agencies/State Entities Awards, (2) the Charter Management Organizations (CMO) Awards, and (3) the Non-State Educational Agencies/Developers (Developers) Awards. The report contains a descriptive analysis of grants to schools that closed or never opened and a comparative probability analysis of grant recipients (new schools only) closing during their first 12 years. The comparative probability analysis, which became the headline for the report, was not part of the congressional request. Its findings are misinterpreted in the headline of the report.

This post, however, focuses on the requested descriptive analysis, which reported the present status (open, closed, future, will not open) of CSP awardee schools and how much was spent on those that never opened or closed. Its source was a data set given to the GAO by the U.S. Department of Education. That data set includes program information, school names, award years and amounts, identifying details, and a status for each grantee school — open, closed, opening in the future, will not open, or undetermined (as indicated by a blank) when their grant is complete.

In 2019, the department published a detailed data set of CSP awards, which you can find on the department’s website here. Most of that data set, specifically awards from 2006 through 2018, is a subset of the data set given to the GAO. The data set provided to the GAO also includes the 2019 and 2020 awards, however, we estimate that upward of 80 percent of the grantee information is in the public data set.

Let’s begin with a few examples of awardee schools and their status in the 2019 data set to understand why the report got it wrong.

Path Academy Charter School in Connecticut was a school that received a grant directly from the department. According to the 2019 data set, it received $585,800 in a three-year grant from 2013 to 2015. The data set reports the school’s status as open, but Path Academy closed in 2018 after the state discovered that the school and its charter management organization, Our Piece of the Pie, defrauded “the state of nearly $1.6 million, billing the state for 128 phantom students, operating unauthorized schools, and tolerating excessive absenteeism.”

Spirit Prep was a proposed “blended” school powered by the for-profit K12 (now Stride) online programs. It received a grant for over $186,000 in 2011 to plan for its opening. Although K12 announced in April of 2012 that Spirit Prep would open that fall, by July, the New Jersey Department of Education decided that the school would not open and denied its charter. In 2019, the department still had it listed as a “future” school with a note that it would open in 2012.

Tallulah Charter School, a Louisiana 2013 grantee, closed in 2017 following a cheating scandal. Its status is listed in the data set as open.


Hope Academy, a 2008-2010 grantee that received more than a half-million dollars, shut down in 2014 and was later sued by the state of Missouri for $3.7 million after “an audit found inflated attendance numbers.” Again, its CSP status was listed as open in 2019.

These are not isolated examples. They are representative of the hundreds of such cases that we found. Why do there appear to be so many errors?


The answer is that once the grant is finished (most end within three or fewer years), the department says it no longer checks to see if they are open. Therefore, the status of the school is frozen in time in the data set. A school open when the grant was complete may be shuttered today. The department requires that state entity, charter management organizations and developer grantees report twice a year on the operational status of all CPS-funded schools — but only for active and open grants.


This also explains why the Department of Education cautiously reports numbers of closed CSP schools using the term “closed prematurely.”


But the GAO did not check on the current status of schools, with the exception of the 189 schools that had no status in the data set. This is explained in Appendix I on pages 22 and 23 and was communicated to me in an email on Oct. 27 from GAO Assistant Director Sherri Doughty.


Recall that the GAO’s congressional mandate was “to report on CSP grants, with a particular focus on charter schools that eventually closed or never opened” (emphasis added). By accepting the department’s status in the majority of cases, it was using data that had not been updated in years, with the exception of 189 of 6,023 awards. Yet in the report, the GAO reports closures as current as of May 2022. Footnote 11 on page 11 says that the GAO defined “open” as currently open schools.

Despite my sending extensive file after file of correct information, their response was, “we stand by our report.”


Now, I will describe what they got wrong.


Extensive under-reporting of CSP awardee closures


For the Network for Public Education’s analysis, we used the public 2019 CSP data set, which is a subset of what the GAO received. The vast majority (exceeding 80 percent) of the CSP awards from 2006 forward are in the data set, which covers 13 of the 15 years examined by the GAO.
Using the procedure outlined below, NPE’s Marla Kilfoyle and I identified the extent to which the GAO underestimated the number of closed and never opened schools, which were the categories of interest to Congress.

  1. We isolated those awards in the 2019 data set made in 2006 and beyond, eliminating all awards made before 2006.
  2. For all charter school awards with an NCES number (91.2 percent of all awards), we checked the school status against the 2020-2021 Common Core of Data (CCD). We marked charter schools as closed if they were no longer listed in the CCD, or if they converted to public schools while retaining the same NCES number. If a charter remained a charter with the same NCES number but changed its name, that school was marked open. In some states, including California, we double-checked with the state database. [NCES numbers are the unique 12-digit school identifier found in the Common Core of Data of the National Center for Education Statistics (NCES). We used the charter school filter in the CCD database to include awards that went to charter schools that closed as a charter and became public schools and to identify public schools that took CSP money but never converted to a charter school.]
  3. If a public school received an award to convert to a charter school but did not, we marked it as “will not open.” If schools were listed as future schools in the data set that ended in 2018 but could still not be found in the CCD, we checked outside sources and, if not found, marked it “will not open.”
  4. For the remaining 8.8 percent of schools, we accepted the school status as reported in the 2019 data set, knowing that would result in an underreporting of closed and never opened charter schools and an inflated number of open and future schools. We, therefore, erred on the side of caution.

Grantee closure


Let’s start with the smallest of the three programs, the Non-State Educational Agencies (SEA)/Developers awards, which I will refer to as non-SEA awards. These awards are given directly to charter schools by the Department of Education.

According to the GAO, the department gave out 235 non-SEA awards between 2006 and 2020. The 2019 data set, from 2006 on, contains 178 of those awards. According to Table 5 of the GAO report, only six went to schools that have closed, and four went to schools that never opened, resulting in a closure rate of 3 percent and a never-opened rate of 2 percent.

Using the CCD and additional outside sources to determine the status of schools, we found 29 — not 6 — schools that received a CSP award between 2006 and 2018 that had closed. Here we provide the names, date of grant, dates regarding the school’s closing, news stories about the closure, and other verification of closure.

Some charters closed due to low enrollment or poor test scores. Others closed, as confirmed by linked news stories, due to fraud.
We also identified 13 — not four — non-SEA grant schools that never opened between 2006 and May 2022.


Even if all of the 57 awards given after 2018 went to schools that opened and thrived (which is highly unlikely), closure rates would be 12.3 percent, and the never opened rate would be 5.5 percent of the non-SEA awardees, not 3 percent, and 2 percent.


SEA/SE grantee award closures and never-opened schools


The underreporting was even more dramatic when it came to the oldest and largest of the three CSP programs (SEA/SE).


According to the GAO, the CSP (SEA/SE) program gave 4,616 school awards totaling nearly $2 billion between 2006 and 2020. The 2019 data set identifies 4,351 SEA awards as sub-grants between 2006 and 2018. Almost all (3,992) have an NCES number associated with the school.


Within the data set, there is some duplication of schools. To catch those duplications, we identified and reported the number of unique closed or never opened schools. If we had reported by award, the number would be substantially higher. The GAO report is fuzzy in its tables and narrative, sometimes referring to schools and at other times to awards. It is possible for schools, especially longtime open schools, to receive more than one award; therefore, if the GAO counted awards, not schools, its “open school” number is inflated by more than error.


If the charter school did not have an NCES number in the data set, we again accepted the status listed by the department in 2019. As stated above, this likely results in an underreporting of closures.

GAO states in Table 2 that 429 SEA/SE awards went to now-closed charter schools—a number quite similar to the 2019 CSP data set non-updated number (409). However, we found that more than twice as many, 951 closed charter schools, received one or more awards. In addition, while the GAO reported that 209 schools never opened, we identified 230. These numbers do not include closed and unopened schools given grants after 2018. The total number is higher than what we report; it cannot go lower.


Note that we did not analyze the closures of charter schools that received Charter Management Organizations (CMO) awards since the department only required CMOs to report their schools beginning in 2012. The report lists 37 percent of that CSP CMO-grant funding going to “future schools.”

Our complete analysis is available upon request. It was sent to the GAO and the department along with a tool developed by data expert Ryan Pfleger that allows one to examine the history of schools by enrollment and status across the years of the CCD. I received an email acknowledgment and thank you from a representative of the Department of Education. I received no response from the GAO.


The CCD can be an imperfect source and may have generated minor errors in our final numbers. Nevertheless, it would have provided a far more accurate accounting of “schools that eventually closed” than the outdated status in the data set of the department they were asked to audit.


The ripple effect


The error described above directly affects the number of charter schools listed as open, closed, future, and will not open. It also affects the calculation of the total taxpayer dollars that have been wasted on CSP charter schools. For example, if more than twice the number of charter schools that received CSP grants closed, the GAO report’s estimation of $152 million spent on closed and never opened SEA/SE schools during those years is only capturing less than half of that cost since more funds went to closed schools than schools that never opened.

The state-specific numbers set forth on pages 13-15 of the report similarly need correction. Some of the states identified as the biggest wasters in the report’s Figure 15 may not deserve that identification. Other states may earn the dubious honor of being in the chart.


What now?


It is difficult to track charter school closures. Some schools close as charters and become public schools. We have seen schools switch between charter and public several times. At other times, a school shuts, and a new management organization takes it over. Sometimes the school’s name, staff, and students are different; sometimes not. Charter schools merge. In some states, information is easy to find; in others, information is obscure. It doesn’t have to be this way; states and the federal Charter School Program can demand better record-keeping and reporting.


The GAO’s descriptive analysis needs to be checked, verifying whether a school is currently open using the CCD. Claims regarding closed and open schools in their report need to be revised so that it is clear those are only closures during the active years of the grants. The stakes are even higher, however, for families. The closure of any school, whether public, charter, or private, is a painful and disruptive event in a child’s life. Families deserve honest information regarding closure risk when they enroll their children in a charter school. It is time for the GAO to revise its report to Congress and the public.


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This is the response from the GAO:


“We need to use rigorous methodologies that are acceptable to social scientists and statisticians and can withstand scrutiny. Practically speaking, we cannot Google the status of 6,000 schools and call that proper research. When we spot checked some of what Ms. Burris cited, we came up with conflicting results. As with any methodology and any data set, ours had limitations and they were disclosed clearly in the report.

“In addition, GAO is an independent agency. We do work for Congress, but they do not dictate our research objectives, methodologies, or scope of work. GAO determined that the best way to meet Congress’s needs in this case was to conduct a descriptive analysis, which examines trends and relationships, and to pair that with a much more sophisticated model with rigorous controls in place. This was done to properly examine underlying issue at hand: the effectiveness of CSP awards. We laid out this approach to the relevant Congressional stakeholders prior to the work beginning, and they determined that it met their needs. And then it was laid out in our report as well.We know critics who do not like our message will cherry pick at different statistics. But the message is based on a sound analysis and we stand by it.”


Here is Burris’s response:


“The GAO used outdated charter school status data as the basis of their descriptive analysis. The use of that data was confirmed in an email sent to me by the GAO and in the appendix of the report. The rationale for not using the Common Core of Data rather than the data provided by the Department they were auditing was illogical, especially given that they used the Common Core of Data for what they referred to as their “more rigorous model.” The charter school status data they used is not updated once a grant is closed. This was confirmed in an email from a Department of Education spokesperson to Ms. Strauss. Therefore, when the GAO report states that its information is current as of May 2022, it is providing false information to both Congress and the public. One does not need to “google” schools. The GAO is well aware that this is not the methodology I used. If their spot check resulted in conflicting results, I invite them to send those examples to me.”

Steven Singer is a teacher in Pennsylvania and a blogger. In this post, he contends with the argument that some charter schools are really very good and not at all like those charters mired in scandal, unaccountable, inequitable, greedy, and a drain on public school resources.

Singer writes:

Not MY charter school!

That’s the usual reaction from charter school fansto any criticism of the industry.

I say many of these institutions lack accountabilityabout how tax dollars are spent…

Not MY charter school!

I say they waste millions of taxpayer dollars to duplicate services already in existence….

Not MY charter school!

I talk about frequent scandals where unscrupulous charter school operators use copious loopholes in state law to enrich themselves without providing services to parents, students and the community…

Not MY charter school!

I mention charter school lotteries, cherry-picking students, not providing adequate special education services, zero tolerance discipline policies, teaching to standardized tests, targeting black and brown kids for profit and feeding the school to prison pipeline….

Not MY charter school! Not MY charter school! Not MY…

Really!?

If the industry is subject to this much malfeasance and corruption, doesn’t that reflect badly on the entire educational model – even the examples that avoid the worst of it?

One model has daily scandals. The other – authentic public schools – is far from perfect but relatively tame by comparison. You can’t blame people for generalizing.

Not My….

Okay. We get it!

But sadly this defensiveness against any criticism hides an enormous ignorance of exactly what charter schools are and how they operate at the most basic level.

Yes, there is a difference between how the best and worst charter schools act.

Yes, there are some charter schools that are run much better, more humanely and responsibly than others.

But that doesn’t mean the very concept of a charter school isn’t rotten to the core.

It’s like colonialism.

Yes, there were colonies where the invaders treated the conquered with more respect and dignity than others.

But not a single colony was a good thing. Not a single colonial enterprise avoided subjugating people who should have been free to determine their own destinies.

The same goes with charter schools.

When I discuss the industry, it’s surprising how many people – especially supporters of the enterprise – don’t understand what charter schools really are.

Let’s start with a simple definition.

A charter school is a school with a charter.

Get it?

And a charter is a contract – a special agreement with the state or some other governmental entity that this school can exist.

Why is that necessary?

Because there are rules laid out by each state in their school codes detailing what schools must do in order to qualify for taxpayer funding.

For example, under normal circumstances they must have an elected school board made up of members from the community where the school is located.

All authentic public schools must follow these rules. But not Charter schools.

Instead, they get to follow whatever rules are set down in their charter.

So without even examining exactly which special rules are stipulated in that charter, these schools are founded on the very concept of privilege.

They get to abide by their own rules tailor-made just for them.

Why does that matter? Because they get public funding.

And, yes, ALL charter schools are publicly funded – they get at least part of their money from taxpayers, usually all or the majority of their funding.

That opens a huge divide in accountability between types of schools….

OPEN THE LINK AND READ ON.

Kevin Ward, a leader at the KIPP network of charter schools in D.C. killed himself after it was revealed that he stole $2.2 million from the schools’ account, allegedly to buy technology. He was also mayor of Hyattsville, Maryland. ,

A Maryland mayor who died by suicide this year had been accused of embezzling millions of dollars from one of the largest charter networks in the District, according to a complaint filed by federal prosecutors.

During his tenure as senior director of technology for KIPP DC, Kevin Ward used $2.2 million of school funds to purchase cars, a camper, sports memorabilia and property in West Virginia, prosecutors alleged in a civil forfeiture complaint filed Monday. Ward worked for the charter network from 2017 until at least July 2021, according to court records, two months after he was elected mayor of Hyattsville.

The payments, approved and arranged by Ward, were supposed to go toward laptops, tablets and other technology for children, prosecutors say. However, none of the products or services for which the school system paid were ever delivered, according to court records.

Officials at KIPP DC, which enrolls about 7,000 students across eight campuses in the District, said they found irregularities with certain technology purchases during a routine internal review in December. Leaders suspected fraud and contacted the U.S. attorney’s office for the District of Columbia, which launched an investigation, the school said in a statement.

The school system also conducted its own review, led by outside counsel and a team of forensics accountants, which found “this was an isolated incident conducted by a single individual who took advantage of extraordinary circumstances during the pandemic and the individual’s role as head of technology.”

The lack of transparency and oversight in charter schools enables crimes.

Peter Greene writes here about Michael Petrilli’s reflections on the evolution of the “reform” movement. Now that the “reform” movement has merged with Christian nationalists, book banners, Proud Boys, neo-fascists, and other vicious haters of democracy, public schools, and academic freedom, there is much to reflect on. Unfortunately, that’s not the reflection we learn about here. Let me add that when I was a board member a dozen years ago at the Thomas B. Fordham Institute, I formed a friendship with Mike Petrilli. I always hoped he would flip and join the public school side (his own kids are in fine public schools in Maryland). But a guy’s gotta make a living and the reformer world pays well. I’ve never given up hope for Mike.

Greene begins:

Mike Petrilli at the reformster-minded Thomas Fordham Institute has been taking a look at the current state of ed reform (apparently many of us are in that mood right now?) and it’s worth taking a look at what the guy in every education reporter’s rolodex thinks the state of ed reform is right now. And I promise what I think is an interesting observation at the end.

In “The Evolving Education Reform Agenda,” Petrilli starts with his previous argument that while the “Washington Consensus” is dead, ed reform itself is not. This hints at one of the challenges of the ed reform brand these days, which is that nobody really knows what the term actually means any more. He tries to address that in this piece.

Petrilli argues that the agenda has shifted (a more positive phrase than “we keep moving the goal posts”) from a focus on data and getting students to score proficient on state tests (circa NCLB) and then moved to trying to hold individual teachers responsible, a movement that Petrilli assess pretty frankly:


By the early 2010s, much of the conversation was about holding individual teachers accountable via test-informed teacher evaluations. Ham-handed implementation and poisonous politics led us to leave that misguided reform behind.

If only they had taken the policy with it, but its hammy hands are still felt by many teachers in many states. But one of ed reforms annoying features is that it never picks up after itself; it never puts as much energy into undoing its mistakes as it does into making them in the first place. Just imagine a world in which these thinky tank guys picked up the phone to call their contacts and say, “Look, that thing we convinced you to try? You’ve got to make people stop doing that.” Imagine if Bill Gates put the same kind of money into cleaning up his policy messes as he puts into pushing them.

Sigh. Anyway, Petrilli lists some other new-ish policy foci, like high quality instructional materials. He aptly notes that a new support for better school funding coincides with A) recognition by reformsters that funding does improve student outcomes and B) a desire to get charter and voucher schools more money (the old “choice gets it done more cheaply” talk is toast).

Parental choice? There’s still debate about using tax dollars to fund private and religious schools, particularly those that discriminate, says Petrilli, though I’ve missed the folks in the reformster camp arguing the anti-discrimination side. Unbundling is still a thing.

Testing and transparency? Reformsters still believe in the value of the Big Standardized Test, a point on which they remain resolutely and absolutely wrong, though they are now, he says, also interested in alternative assessments–but that’s still hung up on the obsession with test scores. Writes Petrilli, “How would assessments be different? If schools do well on “alternative measures” but not on test-score growth, then what? Should we ever consider such schools “good”?” I can help, Mike–the answer is “Yes.”

Greene goes on to explain that Petrilli thinks the new focus of reform must be to shift from policy to practice. This is an implicit admission that policy interventions have failed. Neither charters nor vouchers nor evaluation of teachers has been a successful. So now it’s time for reformers to change how teachers teach. But how can they do that when so few reformers have ever been teachers?

This is further complicated by the fact that the individual-to-individual practice end of the scale only happens if the individual has some credibility, and reformsters have always been hampered by their amateur status in education practice (I can think of exactly one who can legitimately claim classroom experience–and no, Temp For America doesn’t count), and that has been further hampered by their insistence that their amateur status actually made them wiser than the teachers who has actually spent their professional career in the classroom.

Greene thinks that reformers should listen to teachers, hire some.

But that won’t get to the root of the reformers’s dilemma. They are now in bed with rightwing fanatics who fought masks and vaccines, people who are racist and homophobic, people who ban books.

Their brand is spoiled.

The good news in this article is that the “Washington consensus” is dead. Democrats—with a few notable exceptions like Cory Booker and Michael Bennett of Colorado—do not support the attacks on public schools and teachers, no longer support charter schools, and adamantly oppose vouchers.

Just when you thought you had heard every twist and turn in Charter World, along comes another bizarre story. The Utah State Charter Board ordered the replacement of every member of a polygamy charter school.

WEST VALLEY CITY, Utah (KUTV) — In a dramatic move, the Utah State Charter School Board ordered Vanguard Academy to replace all seven members of its school board. In addition, the USBE will appoint a temporary director to work with the current director.

Vanguard is affiliated with the Kingston polygamist group, known as “The Order.” In a 2020 investigation, Crisis in the Classroom revealed the school regularly hires Kingston-connected businesses and pays them with taxpayer dollars. We found the board is made up almost entirely of Kingston family members. We also found that a Kingston-related business owner won the school’s lucrative contract to feed the students.

Carol Burris has followed closely the development and passage of regulations written by the U.S. Department of Education for federally-funded charter schools. The regulations, she believes, are reasonable and intended to assure that charters funded by the federal government are held to standards of transparency, honesty, and accountability.

She was taken aback to learn that rightwing groups have filed suit to block the regulations. Apparently, those filing the suit think that charters should get federal money without any oversight.

She writes about it here.

Those who want a wild west of unregulated charter schools never give up. A right-wing legal defense firm called the Pacific Legal Foundation has teamed up with the Michigan charter lobby and The Thomas B. Fordham Foundation to stop the reasonable rules of the U.S. Department of Education, claiming the Department has no right to make rules regarding the program.

Here are other lawsuits in which Pacific Legal is engaging:

· Fighting minimum wages for those who wish to move up the ladder at Texas Wally Burgers and Dairy Queens.

· Fighting opportunities for businesses of color to get some competitive advantage in obtaining government contracts after years of discrimination.

· Fighting attempts by three competitive Boston schools to expand enrollment opportunities for under-represented students of color by allotting spots by zip code.

The two plaintiffs, the Michigan Association of Public School Academies and the Thomas B. Fordham Institute, have vested financial interests in charter growth. Fordham is an authorizer of charter schools in Ohio, taking 3% of all the taxpayer dollars that the charters receive for providing “oversight.”

The argument, in its essence, is that the Department does not have the right to set up new conditions beyond what is memorialized in ESSA. If that is so, then when De Vos permitted state entities to distribute money to charter schools from their CSP grants for purposes beyond the opening and expansion of charters during the pandemic, she would have been in violation, too. Here is New York’s redistribution request that was granted. CSP funds were used for a “pandemic response,” as Betsy De Vos approved, without Congress’s permission. If the charter lobby wins this frivolous lawsuit designed to bully the Department into kowtowing to charters, perhaps taxpayers should sue to claw all of the money De Vos distributed back from charter schools.

Finally, I wonder why organizations that claim they fight for charter schools to help low-income kids succeed would run to a law firm that fights minimum wages, reduces disadvantaged kids’ chances of getting into a competitive high school, and roll back opportunities for minority-owned businesses. Perhaps their agenda has nothing to do with children at all.

Valerie Strauss posted an article by Darcie Cimarusti about the spread of charter schools affiliated with Hillsdale College. Cimarusti is the communications director of the Network for Public Education. The Hillsdale charters, called Barney Schools, promise schools where students get a patriotic education untouched by “critical race theory” and safe from the dangers of sex education, with more than a touch of fundamentalist Christian theology.

She writes:

Hillsdale College is a small, nondenominational Christian school in Michigan with a satellite campus on Capitol Hill. Hillsdale President Larry Arnn headed former president Trump’s 1776 Commission, and last year Hillsdale College released a “1776 Curriculum” as a counter to the New York Times’ 1619 Project and its corresponding K-12 curriculum.

Hillsdale spreads the gospel of the right-wing through their K-12 curriculum and the Barney Charter School Initiative, which currently claims member schools in nine states across the country and “curriculum schools” in 19 states. The college’s mission to maintain “by precept and example the immemorial teachings and practices of the Christian faith” morphs into a call for “moral virtue” in their K-12 charter schools.


The school’s expanding K-12 footprint aligns with former Education Secretary Betsy DeVos’s admission that “greater Kingdom gain” is the ultimate outcome of the religious right’s school choice agenda. Hillsdale has made gains in this aim via charter schools, which are publicly funded but operated by entities outside traditional school districts.


Hillsdale does not “own, govern, manage, or profit from” the charter schools they work with, and they do not charge for their curriculum. But Florida-based Academica, the largest for-profit education management organization (EMO) in the nation, stands to make money on Hillsdale’s crusade.


Hillsdale’s classical charter school initiative was designed to turn the tide on what the college sees as “a hundred years of progressivism” in public education. Charter schools that contract with Hillsdale agree to center Western tradition in their K-12 curriculum, and to focus on the “four core disciplines of math, science, literature, and history.” Students must learn Latin and receive explicit instruction in phonics and grammar. The core disciplines are taught through the reading of primary source material and the “great books” which are also chosen to guide students’ moral development. Hillsdale’s curriculum not only narrows the course of study available to students, it rewrites American history, particularly when it comes to civil rights.

The American Legacy Academy (ALA) was recently approved to open in the Weld RE-4 School District in Colorado. According to ALA’s website, the charter school will offer a back-to-basics, classical education as a Hillsdale College curriculum school. The approval of the charter school is a victory for local culture warriors who have stormed board meetings with grievances over masks and critical race theory.

New, large housing developments are leading to significant population growth and a severe public school capacity problem in the Weld RE-4 district. Nevertheless, in November 2021 voters rejected a bond initiative to build new public schools, leaving district officials to lament that they “have a problem without a clear solution.”

Since the bond’s defeat, district employees and community members have been working together to educate the community and put together another bond proposal. A district survey showed that 70 percent of residents favored a “district-built, traditional or non-charter school” in RainDance, one of the new neighborhoods.

But the supporters of ALA and the for-profit charter chain Academica have different plans. Academica is working closely with ALA’s founding board to open the charter through its related organization, Academica Colorado. According to ALA’s application, Academica Colorado will provide comprehensive services to the charter school.

Working hand-in-hand with Academica, ALA tried to purchase the RainDance property from the district for $2.1 million to build a charter school. Craig Horton, executive director of Academica Colorado, was the first member of the public to speak in favor of the purchase at a recent board meeting, just before board members voted down the proposal. Horton stated: “We’re providing a tax-free solution for two elementary schools. You’re walking away from the ability to relieve overcrowding and save taxpayers up to $80 million by building two charter schools in place of two elementary schools.”

At the meeting, ALA supporters said they would only support the district’s bond effort if the charter is approved, essentially holding the education of the district’s students hostage.

However, there are parents in the district who want to see a neighborhood public school on the property, not a Hillsdale charter school affiliated with Academica. They, too, spoke out. Autumn Leopold and Kimberly Kee, who administer a private Facebook group called RE4 Families Want Schools For All, told a local reporter: “We really just want a compromise that works for everyone and serves the entire community.”

Conservative culture wars

What is playing out in the Weld RE-4 district is part of a greater conflict in the state. A recent poll of Colorado voters showed a growing split in support for charter schools. Only 36 percent of Democrats polled expressed support, compared to 79 percent of Republicans. Perhaps most telling are the reasons. Among the reasons Republicans say in the poll that they favor charter schools is because they don’t teach a left-wing agenda while some Democrats and Independents oppose charter schools because they see them as religious.

The entrance of ALA follows raucous school board meetings over mask mandates, critical race theory, and other hot-button cultural issues that have been playing out in Weld RE-4 for some time. Tensions ultimately boiled over, leading to an unsuccessful campaign led by local resident Luke Alles to oust two board members. Alles is the executive chair of Guardians of RE-4, a local group “founded by three patriot families” that is pushing for the ALA charter school to open.

The first link on the Guardians website resources page is to the Colorado Department of Education’s “Charter School FAQ.” Another leads to a recently released film titled “Whose Children Are They?” The documentary-style film was produced by Deborah Flora, a syndicated conservative Christian talk radio host and failed Republican candidate for the U.S. Senate. When the film was released in March, Flora simultaneously announced that she was founding a new nonprofit, Parents United America, which she created to defend “parental rights” against “ideological state guardianship.”

The film is a veritable who’s who of the culture wars. Parents and teachers active in CRT battles are given voice, as are dozens more who claim public schools are grooming children through LGBTQ-infused curriculum and disadvantaging female athletes by allowing trans girls to compete in sports.

Representatives from organizations identified by the Southern Poverty Law Center (SPLC) as hate or extremist groups make appearances, as do spokespeople for conservative Koch-funded groups, including the Washington, D.C.-based nonprofit American Enterprise Institute.

The overarching narrative is that the ultimate villains are the teachers’ unions and the U.S. Department of Education. Conservative political activist and writer David Horowitz, [whose group is] considered an extremist group by SPLC, claims teacher unions have been infiltrated and are controlled by Communists. Public School Exit founder Alex Newman suggests that the Education Department was formed not only to teach Communist propaganda but to “de-Christianize” and “make the schools less patriotic.” The film claims this campaign began 100 years ago when progressives like John Dewey “intentionally undermined our education system.”

In early 2022, Fox News host Pete Hegseth launched a five-part series, “The MisEducation of America” on Fox Nation. The series shares the same themes, a similar format, and many of the same interview subjects as “Whose Children Are They?” “MisEducation,” which Hegseth claims is the most watched content on Fox Nation, supposedly “uncovers the secrets of the left’s educational agenda.”

In the fifth and final episode, titled “Our COVID- (16) 19 Moment,” the “experts” agree on this: the only path forward is for parents to remove children from the public school system and place them in Classical Christian Schools. If that’s not an option for families, they suggest a classical charter school.


Colorado

ALA will not be the first classical charter in Colorado. According to the 2019 Colorado Department of Education State of Charter Schools Triennial Report, 24 of the state’s 255 charter schools followed a classical curriculum in the 2018-19 school year.

Academica’s Craig Horton, a retired police officer, was a founding board member of a prominent classical charter, Liberty Common Charter School. Liberty’s headmaster Bob Shaffer is prominently featured in “Whose Children Are They?” — as is Kim Gilmartin, director of New School Development for Ascent Classical Academies.

Ascent, which is a Hillsdale College-affiliated CMO in Colorado, has two classical charter schools in the state, with ambitious plans to open several more.

Horton was also heavily involved in the formation of CIVICA Colorado, part of a national CMO CIVICA, which contracts with Academica. While CIVICA does not formally claim to be a classical charter, CIVICA principal Sheena McOuat stated: “I make sure a lot of politics that are in other schools, sex ed or critical race, they don’t come into my building and it aligns with a lot of people.” McOuat’s husband, Corey McOuat, is one of the founding board members of the American Legacy Academy.

The Colorado Department of Education, which recently revealed that it is struggling to spend down a $55 million dollar federal Charter School Program (CSP) award the state received in 2018, still went ahead and awarded CIVICA a $990,000 start-up grant. ALA hasn’t applied for CSP funds yet, but when representatives appeared before the Weld RE-4 board, they spoke confidently about access to a million-dollar grant.

Wyoming

The new Academica classical brand CIVICA is moving into Wyoming as well. Its Republican governor and legislature recently cleared the way for charter schools by passing legislation to take the decision out of the hands of local school districts and give it to a political body. The State Loan and Investment Board now has the ability to approve charters and is currently composed of Gov. Mark Gordon, Secretary of State Ed Buchanan, Auditor Kristi Racines, Treasurer Curt Meier, and Superintendent of Public Instruction Brian Schroeder. All of them are Republicans.

Horton, with the assistance of high-ranking state Republicans and the National Alliance for Public Charter Schools, is now attempting to open two new classical charters in Wyoming. The two schools — Wyoming Classical Academy and Cheyenne Classical Academy — which propose to open in the fall of 2023, will be Hillsdale College Member School Candidates.

Schroeder, the head of a private Christian school recently appointed state superintendent, attended a parent information meeting hosted by the Cheyenne Classical Academy at the Cheyenne Evangelical Free Church. He told the gathering of prospective charter school parents that “the evangelists of secularism saw two institutions, government and education, as the perfect twin vehicles through which they would remake society in their image.”

Conservative Christian Republicans are now positioning themselves, with the help of Academica and the charter lobby, to use taxpayer funds to challenge “the evangelists of secularism” with a national push for classical charter schools.

Meanwhile, the Weld RE-4 school board’s approval of American Legacy Academy’s application paves the way for two Hillsdale classical charter schools in the district. The schools will ultimately serve approximately 1,300 students, feeding them directly into the Hillsdale pipeline of conservative thinkers trying to “save the country.”

At scale, the approval could also add, at minimum, $580,000 a year to Academica’s bottom line. In the charter application, enrollment figures show that the two charters will serve 1,296 kids in total. In the draft contract between ALA and Academica, the base compensation is $450 per student. If 1,296 students are indeed enrolled, Academica would earn $583,200, not including earnings for facilities and other services

Andrew Van Wagner warns that the neoliberal experiment in Arizona is intended to atomize, indoctrinate, and control the population.

As he writes, if you can dumb people down, you can control them. If you can declare some topics unacceptable in the classroom, like racism, you can indoctrinate them.

Van Wagner writes:

“It’s part of the way of controlling and dumbing down the population, and that’s important.”

“Everyone should fight back against the effort to dumb people down and control people—it’s scary to think that the GOP is turning America into a country where people don’t have enough education to be able to resist the GOP’s legislative and cultural agenda.”

“So the new Arizona law is a fantastic and quintessential and perfect example of neoliberalism. The vision is—as I’ve written about previously—atomization for the general population and lots of society and organization and community for elites.”

“Everyone needs to fight back against the GOP’s attack on education. We can’t afford—in a pivotal period like this—to let the GOP impose atomization and indoctrination and control on the American population.”

The Supreme Court issued a major ruling limiting the authority of the Environmental Protection Agency to curb emissions from power plants. This will have a major negative effect on curbing climate change.

Rolling Stone says the Court voted to let the planet burn.

The Trump majority strikes again.

West Virginia v. Environmental Protection Agency stemmed from the Clean Air Act, an Obama-era law that mandated certain emissions regulations. West Virginia was one of several fossil-fuel-rich states to sue the EPA over the regulations, leading the Supreme Court to rule that the Clean Power Plan (the part of the Clean Air Act that called for emissions regulations) must be suspended until the courts could upheld its legality. The Trump administration issued its own industry-friendly plan that may have even increased emissions, but it never went into effect, either. The courts struck the Affordable Clean Energy plan down just as the former president was leaving office….

It’s now up to the Biden administration to propose a replacement. It will be severely limited in its ability to do so thanks to the Supreme Court’s ruling on Thursday.

Elena Kagan authored the dissenting opinion. “Whatever else this Court may know about, it does not have a clue about how to address climate change,” the liberal justice wrote. “The Court appoints itself — instead of Congress or the expert agency — the decision maker on climate policy. I cannot think of many things more frightening.”

On the same subject: a roundup of articles about this horrible decision by David Pell of Next Draft

June 30th – The Day’s Most Fascinating News — https://wp.me/pbRvtl-7dF:

This Supreme Court wants a more religious America and after the past week of decisions, a lot more of us are praying. The latest 6-3 decision that may send even ardent atheists into the arms of the lord is one that limits “how the nation’s main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants.” Most of the headlines I’m seeing frame this in typically narrow political terms like WaPo’s, Justices limit EPA power to combat climate change, a blow to Biden’s agenda. Hah. If only the damage were limited to one president’s agenda. Rolling Stone with the more accurate headline: Supreme Court Rules 6-3 That the Planet Should Burn. Justice Elana Kagan with the dissent. “And let’s say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions. The Court appoints it- self—instead of Congress or the expert agency—the decision- maker on climate policy. I cannot think of many things more frightening. Respectfully, I dissent.”

+ “Credit where due: the Supreme Court’s 6–3 ruling in West Virginia v. E.P.A. is the culmination of a five-decade effort to make sure that the federal government won’t threaten the business status quo. Lewis Powell’s famous memo, written in 1971, before he joined the Supreme Court—between the enactment of a strong Clean Air Act and a strong Clean Water Act, each with huge popular support—called on ‘businessmen’ to stand up to the tide of voices “from the college campus, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians” calling for progressive change.” Bill McKibben in The New Yorker: The Supreme Court Tries to Overrule the Climate. “In essence, the ruling begins to strip away the power of agencies such as the E.P.A. to enforce policy: instead of allowing federal agencies to enforce, say, the Clean Air Act to clean the air, in this new dispensation, Congress would have to pass regulations that are much more explicit, as each new pollutant came to the fore … But, of course, the Court has also insured that ‘getting a clear statement from Congress’ to address our deepest problems is essentially impossible.”

NYTThe case is a crucial moment in the G.O.P. drive to tilt courts against climate action. (Um… congrats?) 

+ Historian Heather Cox Richardson: “The Supreme Court has gone rogue. We are in a full-blown Constitutional crisis. Congress must act. And we must pressure Congress to act, while it still can.” In the meantime, Earth is down 6-3 in the ninth inning.

+ In another ruling issued today, Clarence Thomas suggested Covid vaccines are derived from the cells of ‘aborted children.’ (They’re not. But oh well…)