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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.”

Josh Cowen, a professor at Michigan State University, has been a voucher researcher for two decades. The more he studied vouchers, the more he realized that they harm children. In this post, he looks at the students who use a voucher, but change their minds and return to public schools.

Cowen writes:

Author: Josh Cowen

We don’t talk enough about children who give up their school vouchers.

One of the many problems with the “Education Freedom” marketing campaign for school privatization—and it’s a problem with the market approach to education more generally—is that schools are anything but products to sample.

Betsy DeVos likes to say that schools shouldn’t be “one size fits all.” She’s conceding more than she knows with that analogy because unlike clothing, or a car you can test drive down at the Ford dealer, there’s a real cost to trying a school on and having it fail to fit.

Study after study has shown how harmful school mobility is for kids, both those who actually move between schools and those whose classrooms are full of peers coming in and out.

As Russell Rumberger, an expert in this area has succinctly summarized:

“The research literature suggests that changing schools can harm normal child and adolescent development by disrupting relationships with peers and teachers as well as altering a student’s educational program.”

And in the general population of public school children, we know who’s likely to be more mobile. They’re students of color, students from families with lower levels of income, students with special academic needs, and students with housing insecurity.

No one’s saying student mobility isn’t an issue for public schools, but public educators don’t see student churn as a feature instead of a bug. For example, a key element of the federal McKinney-Vento Act designed to help homeless kids is a set of best practices to help kids stay in one single public school even if they can’t remain in one stable home environment.

States with large-scale voucher programs are beginning to report out statistics for how many users come from public or private schools each year. And by the way these statistics put a lie to the claim from activists that vouchers are needed for families to choose, because we know from states like Arizona, New Hampshire, and Wisconsin that more than 75% of voucher kids were already in private school without taxpayer support.

But now we need more statistics reported on the mirror image: how many new students give up their vouchers each year. Recent numbers from Florida indicate roughly 60% of new voucher users give the voucher up after just a couple of years.

Think about that number as the voucher equivalent of a public school mobility or drop-out rate—both statistics used by critics to help indict public educational quality.

When I was working on an official evaluation of Milwaukee’s voucher program more than a decade ago, I led two reports on exactly these sorts of children. We found that around 15% of kids gave up their vouchers every year. Meaning that, as in Florida, more than half the kids we were studying left private schools over a short period of time!

Who were those kids? They were more likely to be Black, lower scoring on the state exam, and more likely to be enrolled in schools that had lots of other voucher-using kids (i.e. newer schools that popped up to take tax dollars once the program was created, rather than more established private institutions).

What happened when they left? Well actually that was a bit of good news. In still the only study to track kids over time after giving up their vouchers, we found that they enrolled in Milwaukee Public Schools and then improved substantially after arriving. The shame of it was they had to lose some academic growth in the voucher program before their parents realized it was a poor fit and fixed the problem.

Sometimes though, kids may even want to stay in their private school but the school itself shuts down and they have to move anyway. Voucher activists pushing an entrepreneurial approach to education don’t talk enough about the consequences of failure. For example, in Milwaukee, 41% of private schools that ever took tax dollars eventually shut down.

Imagine what critics of public schools would be saying right now if public schools had a 41 percent failure rate!

We’re not talking about a local Burger King that shuts down and a family has to drive a few extra blocks to get that Whopper they crave from the next closest franchise. Or has to go to Taco Bell or Arby’s instead. We’re talking about potentially major academic and social setbacks for kids.

Finally, there’s one more reason voucher leavers matter—and it’s a bit technical so bear with me. Social scientists prioritize randomized control designs to estimate impacts of policy interventions. And when randomization isn’t possible, we try to find approaches that come close.

The problem that student exits from voucher programs causes for researchers is they create additional hurdles to estimating accurate impacts of those programs. All of the randomized studies of voucher programs have showed similar exit rates to our study in Wisconsin.

And in at least one study of Louisiana vouchers, the authors had to acknowledge that those exits—precisely the students who as in Wisconsin were not doing well in the program—probably caused any positive estimates of the program to be overstated. There are techniques researchers can use to adjust for that error, but no one agrees on exactly the right approach, so it continues to be a problem.

So to summarize: we need to know a lot more about kids who give up their vouchers. Most importantly because the evidence we do have tells us that school mobility is on balance a setback for kids, and we know kids exiting voucher programs are already more likely to be at some form of risk than those who stay.

But we also need to know because as a practical matter, voucher exits can cause analytical hurdles to studies estimating voucher impacts on learning or on educational attainment.

And what that means is that in the future, if voucher supporters trumpet a new study—credible or otherwise—that purports to show positive impacts over time, the very first question we need to ask is: how many kids left the program because it wasn’t working for them?

Based on the data already available, the answer will be another indictment for voucher programs.

Former Secretary of Education Betsy DeVos recently spoke at Calvin University in Michigan. As one of the university’s most prominent graduates, her remarks were received with respect.

Dr. John Walcott, a professor of education at Calvin University, wrote an article for the school newspaper in which he expressed respectful disagreement with her ideas. The full article is worth reading. It takes courage for a professor to take issue with a state and national leader such as DeVos, especially in a religion-focused university.

Be sure to open the link and read the comments.

He began:

On Nov. 17, Calvin University hosted an event with Betsy DeVos. DeVos served as Secretary of Education during the Trump administration and is a graduate of Calvin University. In making the announcement, President Boer described the event as part of efforts “to hear from people who bring diverse backgrounds and perspectives to important conversations.”

DeVos served as Secretary of Education during the Trump administration and is a graduate of Calvin University. In making the announcement, President Boer described the event as part of efforts “to hear from people who bring diverse backgrounds and perspectives to important conversations.”

I understand and respect the desire of our university to welcome to our campus a distinguished alum who has a long history of involvement at local, state and national levels. Furthermore, I agree that it is important to provide space for “diverse perspectives” and “important conversations.” We must strive to be a community willing to ask tough questions and engage deeply with important issues in our world.

I believe that an opportunity for additional engagement with these issues is especially necessary because of the problematic nature of much of what Secretary DeVos proposes when it comes to education. For example, her call to support “students and not systems” fails to recognize that student learning can be supported by teachers, curriculum, financial resources, school administrators and, yes, in many cases may even require a building conducive to learning. It is easy to demonize systems, but the use of this sort of false dichotomy is ultimately unproductive.

In that spirit, I suggest that we continue the conversation started at this event. The event used an interview format that did not provide opportunity for the sort of conversation and debate that are required to dig deeply into important issues related to educational policy and the state of education in our nation. Near the close of the event, Secretary DeVos stated her ongoing desire to “debate and advance” the policies for which she advocates. I agree that we need to debate these policies and, as a university community, think deeply about issues that relate to education and political engagement and how God calls us to seek justice and be agents of renewal in our world.

I believe that an opportunity for additional engagement with these issues is especially necessary because of the problematic nature of much of what Secretary DeVos proposes when it comes to education. For example, her call to support “students and not systems” fails to recognize that student learning can be supported by teachers, curriculum, financial resources, school administrators and, yes, in many cases may even require a building conducive to learning. It is easy to demonize systems, but the use of this sort of false dichotomy is ultimately unproductive.

We also need to carefully consider Secretary DeVos’ focus on parental choice and individual rights as the basis of her calls to change our educational system. This perspective ignores the function of our schools as a public good, an institution at the core of our desire to promote democratic values and the flourishing of all students. We need to think carefully about the purpose of education in a democratic society and about the role of public schools that have been part of our nation’s commitment to education since before the writing of the U.S. Constitution. Our call to seek justice and be agents of renewal in our world may push us to prioritize the needs of our community and of the most vulnerable in our society over individual rights.

As an educational scholar and researcher, I recognize the need to carefully examine the impacts of policies that use the language of choice and freedom on student learning and on public schools. For example, advocates for school vouchers, which allow parents to use public education funds for tuition in private schools, argue that these policies can be the key to improving student outcomes while ignoring research that does not support these claims. For example, Dr. Christopher Lubienski (Director of the Center for Evaluation and Policy Analysis at Indiana University), summarizing research since 2015, states that “every study of the impacts of statewide voucher programs has found large, negative effects from these programs on the achievement of students using vouchers.”

A thorough discussion will explore the impact of DeVos-supported policies on school funding. Recent reports from Florida note that this year, school vouchers will divert $1.3 billion from public schools, and reports from states like Arizona, New Hampshire and Wisconsin show that the overwhelming majority (80%, 89% and 75%) of students utilizing vouchers were already in private schools before the programs began. We need to ask if public funds should be given to schools that are in some cases not required to comply with regulations related to special education, federal civil rights laws and curriculum standards. We should engage critically in questions regarding the role of teachers’ unions before dismissing out of hand their role in public education. And we should critically examine the rhetoric that is currently a part of the so-called “culture wars,” especially as it relates to education. I am concerned that Secretary DeVos has contributed to a misrepresentation of critical race theory and may be perceived as aligning with groups and individuals that have advanced a harmful narrative directed at the LGBTQ+ community.

These are just a few of the many complex and vitally important issues that need to be a part of a deeper conversation. I am not criticizing the decision to host Secretary DeVos, a distinguished graduate with years of activism in the public sphere. However, as a faculty member in the School of Education, it is important to me that the broader educational community understands that this does not signal an endorsement of her policies and perspectives by the School of Education. And I remain hopeful that we, as a community, will embrace the opportunity to not only offer diverse perspectives, but also engage deeply in important conversations of what it means to think deeply, act justly and live wholeheartedly as Christ’s agents of renewal in the world.

Nicholas Tampio is a professor of political science at Fordham University. As a father, he was outraged by the Common Core, so outraged that he wrote a book about it, “Common Core: National Education Standards and the threat to Democracy.”. In New York State, the person most responsible for the quick and unpopular rollout of Common Core was State Commissioner John King. King was recently named the Chancellor of the State University of New York.

Tampio expresses his view of King here.

On Dec. 5, the State University of New York appointed John B. King Jr. as the new chancellor. His biography may give us clues as to his possible plan to prioritize workforce training over the liberal arts for SUNY students.

King was state commissioner of education between 2011 and early 2015. Then-chancellor of the Board of Regents Merryl Tisch hired him to implement the state’s Race to the Top plan. The plan had interlocking parts. Schools teach the Common Core learning standards in reading, writing, and math. Students take end of year tests whose scores are entered into a database. Teachers are evaluated on students’ test score growth. Schools with low test scores get taken over by the state.

One year during his reign as commissioner, 155,000 New York students refused the end-of-year Common Core tests. To his critics, King was a hypocrite for sending his own children to a private Montessori school in Albany while he was rolling out the Common Core for other people’s children.

People in the test refusal movement, such as myself, were trying to explain why we did not want an education system for our children focused on standardized testing. Alas, King and Tisch dug in their heels, and the main planks of the Regents’ reform agenda remain in place….

Race to the Top incentivized states to build a P-20 longitudinal data system. This system tracks a child from pre-school (or pre-natal) until 8 years until after they graduate from high school. Nancy Zimpher, SUNY chancellor from 2011 to 2017, was a champion of creating career pathways. King may well continue her efforts to prepare children, from an early age, for a specific job that they will do as adults.

In 2018, King told the the Silicon Valley Education Policy Summit: “Whenever I go around the country, when I talk with employers, they talk about the challenge of finding the workforce they need. They talk about the challenge of finding folks with the right skills.”

Now, SUNY press release notes that King will work to connect “K-12 schools, higher education institutions, and employers to tailor high school curriculum to meet the needs of a modern-day workforce.”

To be clear, college students should learn a wide array of skills to prepare them for the workforce. And the Education Trust advocates commendable ideals of expanding college access, improving college graduation rates, and making college affordable, particularly for students of color and students from low-income backgrounds.

Still, we ought to think about what kind of future is in store for New York students enrolling in a state university or college.

In the body of the SUNY press release, there is little indication that King values faculty governance, research, or the liberal arts. SUNY could aspire to become a world-class higher education system with laboratories, research resources, study abroad programs, libraries, and so forth. But the press release will not assuage academics who want to teach subjects that do not directly translate into jobs.

SUNY enrollment fell 20% over the past decade, a trend that started before the pandemic. SUNY could aspire to make the school attractive to bright students who can afford to go to private liberal arts colleges or universities. But the early indications are that that is not the priority of SUNY’s leadership.

Over a decade ago, Tisch and King created a K-12 education system that would funnel students into tracks based on test scores. Now, they are working together to build the rest of the P-20 system that place those children into their assigned slots.

In the near future, rich New York kids will go to expensive out-of-state or private schools. And everyone else will be placed in a career pipeline that is hard to escape.

For years, charter friends and charter foes have debated whether charter schools are public schools and whether they are, like public schools, “state actors.” The lame-duck Attorney General of Oklahoma recently declared that religious schools could be charter schools. He seems to believe that privately managed charter schools are not public schools, because no one claims that religious schools are public schools. His opinion does not have the force of law, but you can see that Oklahoma is eager to give public money to religious schools.

The AG’s opinion raises many questions. If charter schools are religious schools, may they limit admission only to members of their faith? May they exclude gay students, teachers, and families? May they substitute religious books for the state textbooks? May they indoctrinate their students into their faith? If charter schools are religious schools, how do they differ from voucher schools? What state regulations apply to them, if any?

Peter Greene writes about the issue here:

The Supreme Court has slowly and steadily busted a hole in the wall between church and state when it comes to education. AG opinion: Statute barring charter school operators from religious affiliation unconstitutional (nondoc.com)

In a fifteen-page opinion issued December 1, Attorney General John O’Connor argued that in the wake of Trinity Lutheran, Espinoza, and Carson, he believed that SCOTUS would “very likely” find Oklahoma’s charter law restriction on nonsectarian or religious charters unconstitutional. Therefore, his opinion is that the state should no longer follow the law forbidding sectarian or religious charter schools.

Each of those cases elevated the free exercise clause of the First Amendment over the establishment clause. In other words, the court has repeatedly (and in a break from previous court decisions) found that the free exercise of religious beliefs outweighs any restrictions against government-sponsored religious activity.

Carson v. Makin in particular established that if the state allows for taxpayer funding of any non-public secular schools, it cannot exclude religious schools from the chance to receive taxpayer funding. While Carson involved school vouchers and private schools, observers like Kevin Welner, director of the National Education Policy Center at the University of Colorado at Boulder’s School of Education, noted that in light of these three decisions, “states will probably be forced to let churches and other religious institutions apply for charters and operate charter schools.”

While charter schools have often been considered public schools (at least part of the time), the extension of free-exercise protections, as Welner wrote after the prior decision, complicate the issue.

If courts side with a church-run charter school, finding that state attempts to restrict religiously infused teachings and practices at the school are an infringement on the church’s free-exercise rights, then the circle is complete: Charter school laws have become voucher laws.

Justice Sotomayor, when dissenting on Carson, noted that

“in just a few years, the Court has upended constitutional doctrine, shifting from a rule that permits States to decline to fund religious organizations to one that requires States in many circumstances to subsidize religious indoctrination with taxpayer dollars.”

Given the previous decisions, an attempt by charter supporters to extend religion to charter schools was probably inevitable.

Charter supporters, including Governor Kevin Sitt and State Superintendent of Public Instruction-elect Ryan Walters praised the decision. Officials of the Catholic Church in Oklahoma, the church likely to go after the taxpayer funding made available by this opinion (there are reports that they have an application for a Catholic virtual charter school ready to go), also praised the decision, as did officials of the American Federation for Children, the pro-privatization group with connections to Betsy DeVos.

The potential complications are many. If the taxpayers of Oklahoma are going to be compelled to fund religious charter schools, which religions will qualify for those dollars, and who will decide?

Oklahoma law designates charters as public schools, but how much discrimination in the name of religious exercise will the state allow? O’Connor argues that charges of discrimination can only be brought against state actors, and “actions taken by charters are unlikely to fit this bill.” So are charter schools public schools or not, and to what degree should taxpayers be forced to fund schools that exist in some sort of fuzzy grey law-free zone?

AG John O’Connor was a Trump nominee for a United States district judge in 2018; the American Bar Association rated him “not qualified,” and his nomination was withdrawn. After Oklahoma’s previous attorney general resigned in May of 2021 over “personal matters,” Governor Stitt appointed O’Connor to the office. O’Connor ran for the office this year and was defeated in the primary, making him a lame duck in the office.

An opinion such a this does not carry the weight of law, and it is possible that the matter will be tested in court. But given the foundation laid by the Supreme Court, it takes no great stretch to reach the conclusion that O’Connor did. They ripped the hole in the wall; he just walked through it.

The State Commissioner of Education, in New Hampshire, Frank Edelblut, home-schooled his 7 children. He doesn’t like public schools. He’s a big supporter of “backpack funding,” where students can use public funds for anything of an educational sort. At his urging, the legislature adopted a voucher plan.

But a lawsuit was recently filed claiming that the funding of the voucher plan violates the state constitution by drawing down money intended for public schools.

Garry Rayno of inDepthNH reports:

CONCORD — The new Education Freedom Account program violates state statutes by using funds earmarked for public education for private programs, according to a lawsuit filed Thursday against Education Commissioner Frank Edelblut.

The suit challenging the funding for what has been described as the most expansive voucher program in the country, claims money raised by the Lottery Commission, and money from the Education Trust Fund may only be used for adequate education grants to school districts, citing the law creating the fund in 1999.

The suit seeks an injunction blocking the state from using any more of the Trust Fund Money to fund the EFA program.

“If the state desires to operate an Education Freedom Account or similar program, whereby it grants public money for parents to utilize for private use, it must separately fund it through additional taxation or another source of funds,” the suit claims, noting there currently is no mechanism for doing so.

The New Hampshire Constitution states “all moneys received from a state-run lottery and all interest received on such moneys shall, after deducting the necessary costs of administration, be appropriated and used exclusively for the school districts of the state,” according to the suit, which also notes the money “shall not be transferred or diverted to any other purpose.”

The law only allows the money to be used to distribute adequate education grants to school districts and approved charter schools, the suit claims.

The complaint, brought by Deb Howes as a citizen taxpayer, who is also president of AFT (American Federation of Teachers)-New Hampshire, was filed in Merrimack County Superior Court.

The complaint also claims the state is delegating its duty to to provide an adequate education to a private entity, The Children’s Scholarship Fund, which runs the EFA program without any “meaningful oversight” by the state.

“The state specifically earmarked this money for public education. Instead, the state is stealing from public school students in plain sight to pay for its private voucher program,” Howes said. “Public school students are losing out on millions of dollars that are needed to fix leaky old buildings, purchase and maintain modern computer equipment, buy books and materials published at least in the last decade to support student learning, and provide more social and emotional assistance and other needs that will help students excel.”

“If Commissioner Edelblut wants to continue with his cherished voucher program, he needs to figure out a legal way to fund it,” she said, “but definitely not on the backs of public school students.”

The controversial EFA program was approved as part of the two-year budget package in 2021 after it stalled in the House, but the Senate resurrected it and put it in the budget.

Since it began, it has cost much more than Edelblut told lawmakers to expect, which was essentially $3.4 million over the biennium, but has cost $23 million over that period.

Sold as a program to help students find different educational environments in order to thrive, instead about 75 percent of the participants attended private and religious schools prior to the program’s launch last year, meaning less than 25 percent of the participants were in public schools the year before the program began.

Parents can use EFA grants for tuition and fees for private schools and private online learning programs, private tutoring services, textbooks, computer hardware and software, school uniforms, fees for testing, summer programs, therapies, higher education tuition and fees and transportation.

So the program is more expensive than expected, and 75% of the students it serves were already enrolled in nonpublic schools.

The single biggest beneficiary of the program thus far has been Amazon, presumably for books and hardware.

Josh Cowen has demonstrated repeatedly that vouchers are a very bad public investment. The students who use vouchers fall behind their peers in public schools. He has cited the research behind his conclusions. He maintains that facts and evidence matter. But many state officials don’t know the facts or just want to assuage the people who want the state to subsidize their private school tuition.

One elected official who should look at the facts and the evidence is Josh Shapiro, who was recently elected to be governor of Pennsylvania. During his campaign, he expressed support for a voucher program because it would provide “opportunity” for some students.

Josh wrote this article in the Philadelphia Inquirer to help Governor-Elect Shapiro understand the facts and the evidence.

Josh Cowen says the evidence is clear: Vouchers do not help students. They hurt.

He wrote:

Josh Shapiro — like Katie Hobbs in Arizona and Gretchen Whitmer in Michigan — is part of a class of Democratic candidates who this month won the key to the governor’s office for the next four years.

As a professor of education policy, I was struck by how public schools became a prominent issue in each of their campaigns, especially the debate over school vouchers — the use of tax dollars to fund tuition for private schools.

Unlike Hobbs and Whitmer, however, Shapiro has expressed some cautious support for vouchers — including (at least in principle) the “Lifeline Scholarship” bills that have already been introduced by the current legislature.

And since it appears that a Democratic majority in the Pennsylvania House is razor-thin, and Republicans will keep the Senate, Shapiro may be pressured or even encouraged by some to move forward with that support.

The governor-elect has defended his position by saying, “It’s what I believe,” and that vouchers provide students with additional avenues to “help them achieve success.”

Unfortunately, the data show exactly the opposite.

I used to be a cautious supporter, too. But I’ve been studying school vouchers for 17 years now, and I can say, without reservation, that study after study show that vouchers hurt academic achievement for children. That is especially true of the low-income students who would be eligible under the currently proposed plans in Pennsylvania to which Shapiro gave qualified support.

How bad are vouchers? Think about what the COVID-19 pandemic did to standardized test scores.

How bad are vouchers for students? Think about what the COVID-19 pandemic did to standardized test scores. Independent studies of voucher programs in Washington, D.C., Indiana, Louisiana, and Ohio have all shown catastrophic impacts on student achievement, with few-to-no offsetting gains on other measures such as educational attainment.

Some of the worst results have been found in Ohio, where voucher impacts on student learning were roughly twice the impact of the pandemic on academic outcomes.

Here’s another problem: Vouchers mostly just provide tax breaks to families whose kids are already in private school. In places such as Arizona, New Hampshire, and Wisconsin, we know that more than 75% of voucher applicants were in private schools anyway by the time they applied for state funding. Even those in low-income families.

As a practical matter, that could be fixed in Pennsylvania by tying voucher eligibility to time in public school first, as well as capping the fiscal loss public districts faced when students transferred to private schools — as one current proposal has done. But that’s a short-term strategy.

Over the long term, vouchers simply represent new budgetary obligations for Pennsylvania taxpayers. The governor-elect has said he doesn’t view vouchers and support for public schools as a choice — that these positions are not a mutually exclusive “either/or.”

That’s a false hope. As the experience in other states shows, there is no way that long-term commitments to funding public schools can be reconciled with commitments to underwriting vouchers.

And unlike the devastating impacts that vouchers have on kids, we know that major investments in public schools have sustained and positive effects on learning and nonacademic outcomes, such as reductions in crime.

Side by side, the evidence says investments in public schools pay off, while investments in vouchers push kids further behind.

Perhaps the only remaining argument for vouchers is simply faith-based: that tax dollars should support religious education, even if the evidence says those programs harm academics. The U.S. Supreme Court essentially did just that this summer with its ruling in Carson v. Makin, which found that voucher programs could not exclude religious schools. That ruling was in line with the court’s long-held position that vouchers can exist constitutionally.

But just because we can doesn’t mean we should.

Looking from outside the state at the Pennsylvania gubernatorial campaign, it was refreshing to hear someone like Josh Shapiro stand up for something he says he believes in — even if it rankles some supporters.

But at some point belief has to give way to facts. And the facts from across the country say vouchers are more of an anchor than a lifeline for kids.

Fred Smith worked as an assessment specialist at the New York City Board of Education for many years. Recently he has advised opt-out groups. In this comments, he describes the remarkable power of Merryl Tisch, whose family are billionaires and influential in New York civic life. Note: Before King was named New York State Commissioner of Education, he founded and Leda charter school in Massachusetts that had the highest suspension rate in the state (59%).

Smith writes:

Coming soon to a campus near you: The Return of the Tisch Flunky.

Fill in the blanks– Sheldon Silver, Democratic leader of the New York Assembly, which selects members of the Zboard of Regents…. Merryl Tisch appointed to Board of Regents (1996) and elevated to Regents Chancellor by Silver (2009)…. Tisch and John King are classmates at Teachers College (small-group accelerated doctoral program)…. Tisch pushes King to become NYS Education Commissioner…. Andrew Cuomo advocates implementation of Common Core with Tisch’s willing compliance…. Opt Out Movement strongly opposes CC…. King leaves SED for USDE (2014)…. Silver found guilty of corruption charges (2015), convicted and expelled from NYS Assembly…. Tisch steps down as Regents chancellor after 20 years…. Cuomo appoints Tisch to SUNY Board of Trustees (2017) and elevates her to SUNY chairman…. Cuomo uses Tisch to abandon “national search” for new SUNY chancellor in order to give his closest adviser, James Malatras the job…. Cuomo stench starts catching up to Malatras, and Kathy Hochul tells Tisch to dump him…. Tisch praises Malatras and gives him a golden parachute. King announced as the next SUNY chancellor with words of praise a huge salary and perqs from Tisch.

Yes, there was a national search to find him.

The Network for Public Education has a terrific blog, curated by the wonderful Peter Greene. I urge you to subscribe. It’s free.

Here is one of its latest hits:

Gregory Sampson: LOL, We Already Knew It

Blogging at Grumpy Old Teacher, Gregory Sampson relates the tale of a district employee who dared to ask why instructional days are being lost for three different tests that all do the same thing. It was a bold move. And it drew an answer.

In essence, the teacher was told that the state did not report data (test results) by benchmark and the district did not allow teachers to review questions with students and analyze why students chose wrong answers; therefore, a third test was needed so teachers could look at the questions, go over them with students, and look at what wrong answer was most often chosen and why it was wrong.

Reread that paragraph carefully. Ha, ha, ha, did a district employee just admit what we always knew?! That state and district tests have little value for the classroom teacher. Their tests tell us nothing except that our schools no longer focus on what students need. It’s about the data. Students are nothing more than dogs running around a track for the bettors and the house who sets the odds so that it always wins.

Once the greyhound no longer can place reliably, the racing/betting industry has no more use for them and is ready to dump them into the street.

We always had a strong intuition that state and district tests were useless, but we never expected someone to admit it.

You can read the full story here. 

You can view the post at this link : https://networkforpubliceducation.org/blog-content/gregory-sampson-lol-we-already-knew-it/

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Steve Hinnefeld, Indiana blogger, recounts the curious trajectory of a fdderally funded tutoring program. To speed things along, the U.S. Department of Education made a no-bid contract with The Mind Trust to find tutors and students. The Mind Trust is known for its role in promoting charter schools. So far, it has signed up 200 students from an eligible pool of more than 50,000.

Indianapolis nonprofit the Mind Trust was awarded a no-bid contract to manage Indiana Learns. It will be paid up to $3 million to run the two-year, $15 million program, according to the contract. The Mind Trust is known for promoting charter schools; it has helped launch 45 charter or innovation network schools in Indianapolis. It also operates Indy Summer Learning Labs with United Way of Central Indiana.