Archives for category: Education Industry

Steve Hinnefeld, Indiana blogger, writes about the political donations of billionaires who claim to be “liberal Democrats.” First and worst is Reed Hastings, who is CEO of Netflix. Hastings claims to be a supporter of women’s reproductive rights, but he has funded Republicans in Indiana who passed one of the most restrictive abortion bans in the nation. Why? Because these same conservative Republicans support charter schools. Hastings has said that he looks forward to the day when there are no more school boards, and every school is a charter. So, his passion for charter schools is stronger than his commitment to women’s reproductive rights. His allies in Indiana also loosened restrictions on guns. Michael Bloomberg, who favors abortion rights and gun control, also bankrolled the same Republicans.

Hinnefeld writes:

Indiana Republicans are spending several million dollars to protect and extend their supermajority status in the state House and Senate in Tuesday’s election. If they succeed, they may want to thank a California billionaire. One who’s usually described as a liberal Democrat.

Reed Hastings is a CEO of Netflix. Politically, he’s known for donating to Democratic politicians, nationally and in California. Netflix supports liberal causes, like abortion rights. But in Indiana, his campaign contributions go almost entirely to Republicans, who trample on his supposed principles.

It’s possible Hastings has given more money to the Indiana House and Senate GOP campaigns than any other individual in the past couple of years. Not directly. The money is funneled through a political action committee called Hoosiers for Great Public Schools. The PAC, headed by former Democratic Indianapolis Mayor Bart Peterson, was founded in 2020 to promote charter schools.

Almost all its direct support for candidates goes to Republicans.

Hastings has given the group $1.4 million, half of it in 2020 and half this year. It also got $200,000 from John Arnold, a Texas billionaire. That’s all the money it has raised.

Hoosiers for Great Public Schools has made campaign contributions totaling $926,000. Some $400,000 went to RISE Indy, a PAC that has supported charter-friendly candidates for the Indianapolis Public Schools board. Another $100,000 went to Hoosiers for Quality Education, which promotes school choice, including vouchers and education savings accounts, and gives exclusively to Republicans.

Of the remaining $426,000 that Hoosiers for Great Public Schools contributed, nearly all went to GOP candidates and groups. It has given $190,000 to the House Republican Campaign Committee, $45,000 to the Senate Majority Campaign Committee, and $75,000 to House Speaker Todd Huston, along with four- and five-figure donations to individual Republicans.

That’s who Reed Hastings is helping elect in Indiana.

A similar story can be told about Michael Bloomberg, the billionaire former mayor of New York City. He’s known for supporting liberal causes, including gun control and abortion rights. In recent years, Bloomberg has given $550,000 to Stand for Children Indiana, which supports charter schools. All of Stand for Children’s state-level contributions this year have gone to Republicans.

There’s a cynical argument for such behavior: If you have money and you want to influence Indiana politics, you give to Republicans, because they have the power.

Peterson, CEO of Christel House International, which operates charter schools in Indianapolis, told me in 2020 that the purpose of Hoosiers for Great Public Schools was to support charter schools. But Indiana Republicans are no longer in love with charter schools. In 2021, they gave charters a modest funding increase. In 2022, they did nothing. They have moved on to favoring a more radical form of school choice in which state money “follows the child,” including to private and religious schools.

What did Hastings get with his support of the Indiana GOP? For one thing, a new law that says Hoosiers don’t need a permit to carry a handgun in public. For another, a discriminatory anti-trans law that bars transgender students from school sports teams. Republicans also tried to restrict what schools could teach about “divisive topics” – i.e., racism and slavery – but fell short.

Shame on Reed Hastings!

Shame on Michael Bloomberg!

Shame on John Arnold!

Hypocrites!

The 1% understand very well that the Republican Party is dedicated, first and foremost, to cutting the taxes of the rich. How else to explain the billionaires who don’t like Trump but spent millions on candidates who repeated The Former Guy’s Big Lie?

Of course, they want low taxes. But they have another goal: School choice. Somehow these billionaires became convinced that charters and vouchers are superior to public schools, and they want to make sure that those in public office agree with them, regardless of ample evidence that school choice has proven to be a failure over the past three decades.

Maggie Severns reports at GRID:

Some of the biggest Republican megadonors don’t support former president Donald Trump — but have wound up supporting his candidates.

Ken Griffin, the founder of hedge fund Citadel and currently the third-biggest donor to the 2022 midterms, is a business leader and repeat critic of Trump. Earlier this year, he publicly called on Republicans to abandon the idea that the election was stolen, saying, “It’s really important that we end the rhetoric in America that elections can be rigged.” He maintains the Republican Party should “move on” from Trump in 2024.

When it came time for this year’s midterms, Griffin went big, becoming a top contributor to super PACs helping Republicans win back the House and Senate. But those super PACs are supporting the very politics that Griffin has shunned: He gave $10 million to a PAC that has aired ads for Blake Masters, the Republican Senate candidate in Arizona, a Peter Thiel acolyte who has falsely claimed Democrats are trying to “import” immigrants to help them win elections; Mehmet Oz, the Republican Senate nominee in Pennsylvania who recently said “lots more information” is needed to determine if Trump won the 2020 election; and Adam Laxalt, the Republican nominee in the Nevanda senate race, a former state attorney general who held press conferences and filed lawsuits alleging widespread voter fraud in 2020….

Jeffrey Yass, the richest man in Pennsylvania and the fourth-largest donor of the midterms, didn’t give money to Trump’s campaign during the 2020 election, but he has poured $47 million into federal politics this cycle, much of it to the conservative Club for Growth and an affiliated PAC, which have supported candidates who espouse conspiracy theories and challenged the 2020 election results. Yass is also focused on education policy, working to advance charter schools and school choice with his political money. Republican financier Paul Singer, another major super PAC donor who did little support to Trump, has spent $20 million this cycle.

Texas Republicans have been longing to pass a voucher bill, but they have been stymied by grassroots opposition and by our friends, Pastors for Texas Children, who believe in separation of church and state.

This year, Governor Greg Abbot and Lt. Governor Dan Patrick are determined to pass voucher legislation, and they have the support of wealthy white Evangelical Christian nationalists.

NBC News reported the story of the big money behind vouchers:

Texas Republicans bankrolled by Christian conservative donors are hoping to ride a wave of parental anger over the teaching of race and sexuality in schools to achieve what has long been an unattainable goal: state funding for private education.

Groups committed to giving parents the option of sending their children to private schools using taxpayer dollars — sometimes known as “school choice” or “vouchers” — have given millions of dollars to Republican candidates in Texas this year, helping to win key races and pushing some establishment lawmakers further to the right on the issue. Republican Gov. Greg Abbott recently pledged to make school choice a priority in the next legislative session if he wins re-election over Democratic challenger Beto O’Rourke.

As a result, political observers say, public school funding is effectively on the ballot Tuesday.

The push for private school vouchers has been funded in large part by Defend Texas Liberty, a Christian nationalist-aligned political action committee led by a former far-right Republican state lawmaker and bankrolled by a pair of West Texas billionaires. The PAC has spent nearly $10 million this year, largely backing candidates who support public funding for private education and attacking those who oppose it, according to an NBC News analysis of Texas Ethics Commission campaign finance reports and data compiled by the nonprofit OpenSecrets.

Defend Texas Liberty did not respond to messages requesting interviews with PAC leaders.

Brandon Rottinghaus, a political scientist at the University of Houston, said big spending by groups like Defend Texas Liberty and local fights over the way schools address racism, history and LGBTQ identities have “softened the ground” for school privatization — in Texas and nationally.

“These groups have been demonizing what is being taught in public schools, and that’s the fastest way to erode faith that public schools work,” Rottinghaus said. “Whether it’s true or not is irrelevant. If people believe that it’s true, then it’s politically potent.”

Defend Texas Liberty gave $3.6 million to former state lawmaker Don Huffines, an Abbott primary challenger who ran a campaign promising to crack down on medical care for transgender children, require the teaching of creationism in public schools and give parents government money to send their children to private schools. (Abbott publicly came out in support of private school vouchers two months after winning the primary with 66.5% of the vote.)

The PAC also spent $168,000 supporting Republican Nate Schatzline, a former pastor running for a seat in the Texas House of Representatives on a campaign to give parents more freedom to decide how and where their children are educated. Schatzline won a competitive GOP primary in a solidly conservative North Texas district in part by painting his Republican opponent as an advocate for teaching “leftist, woke ideologies” in schools.

“It’s time to outlaw the sexualization of our children!” Schatzline wrote on his campaign website. “It’s time to outlaw racist ideologies that seek to divide our children, not unify them. It’s time to teach our children to love America, not hate it!”

Defend Texas Liberty donations accounted for more than a third of Schatzline’s campaign funding. He initially agreed to speak with a reporter for NBC News, but later did not return phone calls or text messages.

And this fall, Defend Texas Liberty spent $100,000 to put up dozens of billboards along Texas highways, including some that showed a photo of O’Rourke next to a baseless allegation about “grooming” children, an anti-LGBTQ attack that’s become popular among conservatives this year.

In a statement, Tori Larned, a spokesperson for O’Rourke’s campaign, said, “Abbott is now calling to defund public education with his voucher program that takes tax dollars out of public school classrooms across the state and sends them away to private schools.”

Abbott has denied that vouchers would harm public education.

“We can fully fund public schools while also giving parents a choice about which school is right for their child,” he said during a May campaign event in San Antonio. “Empowering parents means giving them the choice to send their children to any public school, charter school or private school with state funding following the student.”

Defend Texas Liberty is led by former state Rep. Jonathan Stickland, a Republican who earned a reputation as the state’s most conservative lawmaker before leaving the legislature in 2021. Nearly 90% of the PAC’s funding this year has come from Tim Dunn and the family of Farris Wilks, a pair of billionaire oil and fracking magnates who have expressed the view that Texas state government should be guided by Biblical valuesand run exclusively by evangelical Christians. Combined, they’ve spent tens of millions of dollars over the past decade funding far-right Texas candidates and a network of nonprofits and advocacy groups that push conservative policy ideas. Stickland, Wilks and Dunn did not respond to interview requests.

Please open the link and read the rest of the story. There are five million children in the public schools of Texas. The schools have been underfunded since 2011, when Republicans cut their budget by more than $5 billion. Where does Governor Abbott get the idea that the state can fund Evangelical schools (and Catholic and Muslim and Jewish and all other private schools) without taking more money away from public schools?

The race for governor in New York State should not be close but it is. Governor Kathy Hochul has been a responsible governor who tries to improve the lives of New Yorkers.

Her opponent Lee Zeldin is a lackey for Trump. He has supported everything Trump advocated. hHecsupports charters and vouchers. He opposes gun control.

The NYC Kids PAC outlined the differences between them:

Dear all:

An important election is happening right now for Governor and other statewide and local races. Early voting is being held today and Sunday, and then election day is Tuesday. You can check out your ballot and your voting sites here.

NYC Kids PAC strongly urges you to vote for Gov. Kathy Hochul, who has fully funded the CFE decision that is sending another $1.3 billion to NYC public schools, signed the class size bill that will lead to smaller class size caps phased in starting next fall, and supports strong gun control measures, including banning guns from schools.

In contrast, her opponent, Lee Zeldin, is an extremist who is a proponent of school privatization, announced his education platform outside of a Success charter school, and supports voucher-like “tax credits” to pay for tuition to private schools. He even opposes “red flag” laws to remove weapons from individuals deemed to be a threat and is against the ban against carrying guns in schools — all of which would make our children less safe.

So please vote for Kathy Hochul, if you haven’t already; the choice between her and Zeldin is crystal clear.

See you at the polls,

NYC Kids PAC

The more charter schools, the worse the shortage of teachers prepared in university education programs. Those in university programs intend to be career educators, and their numbers are shrinking. Thus concludes a new study from a federal research center created to study choice and its effects.

When Betsy DeVos was Secretary of Education, she awarded $10 million to create the National Center for Research on Education Access and Choice (REACH). The research group is headed by Douglas Harris, and DeVos assumed that he was pro-choice.

While Harris has written papers favorable to choice, he is an independent scholar and follows the data where it leads. In this paper, he and his co-author Mary Penn conclude that charter schools contribute to the teacher shortage.

On its face, the proposition makes sense. If a young person wants to teach, they can get a job in a charter school without a teacher education degree. They can join Teach for America and become a teacher with only weeks of preparation. Or in some states, they can teach with no certification or degrees. Why bother going through the process of professional education and certification when charter schools will hire without any prerequisites?

The summary of the study concludes:

Debates about charter schools center on their immediate effects on students who attend them and how charter schools affect nearby traditional public schools. However, as the charter sector has continued to grow, a broader range of possibly unintended effects become relevant. This study is one of the first to examine the possibility that
charter schools affect the teacher pipeline. We focus specifically on how charter schools affect the number of traditionally prepared teachers who receive a bachelor’s in education.

Using data from 290 school districts with at least one commuter college nearby, we analyze the effect on the traditional teacher pipeline from schools of education. We draw the following conclusions:

Increasing district charter school enrollment by 10% decreases the supply of teachers traditionally prepared with a bachelor’s in education by 13.5-15.2% on average.

Charter-driven reductions in the supply of traditionally prepared teachers are most apparent in elementary, special education, and math education degrees.

This is consistent with the fact that charter schools mostly serve elementary grades, express interest in subject matter experts (e.g., math majors), and are less likely to assign students to special education.

These charter-driven reductions are concentrated in metropolitan areas and are largest among Black teachers.

Given how central teachers are to the educational process, any effect on the teacher pipeline is important. The vast majority of U.S. teachers still come from university-based schools of education, and these teachers stay in the profession longer than those who are not traditionally prepared, which makes these declines note worthy. A larger
point is that charter schools change the entire schooling market in ways we are only beginning to recognize.

The National Education Policy Center reviewed the study here.

Journalist Nora de la Cour describes the dire situation in Wisconsin, where incumbent Governor Tony Evers is in a close race with an election denier/school privatizer, Tim Michels. There are many other states where education is on the ballot. Wisconsin was once known for its great public schools and public universities. Former Governor Scott Walker declared war on both. Twenty-five years ago, the far-right Bradley Foundation funded the voucher movement in Milwaukee, which has spread to other parts of the state and to other states. The Trumpist base of the Republican Party has declared war on public schools, based on lies and fantasies spun by rightwing think tanks.

She begins:

New research finds that market-style education reforms, like those pioneered in Wisconsin decades ago, have devastating consequences for students. This election, Wisconsin and the rest of the nation must choose whether to plow ahead or reverse course.

Wisconsin’s Democratic governor Tony Evers is neck and neck with his challenger, Trump-endorsed Tim Michels, whose campaign has lauded abortion bans, election denialism, and a beefed up carceral–policestate. Robert Asen, who studies political discourse at the University of Wisconsin, Madison, told Jacobin that because education has gotten relatively less airtime, it is “a bit of a stealth issue analogous to [labor law in] Scott Walker’s 2010 gubernatorial campaign,” which didn’t prepare voters for Walker’s vicious attacks on workers. But make no mistake: this election will determine the existential future of K-12 schooling in the state.

Following the now-familiar Chris Rufo playbook, Michels plans to sign a restrictive “parents’ rights” bill and move up the timeline on a universal school choice plan that would destroy what’s left of Wisconsin’s once-great public schools. Formerly the state’s superintendent of public instruction, Evers has pledged to increase school funding and prioritize the public system. In reality, though, even if Evers prevails he’ll at best continue to be “the man of a thousand vetoes,” given that Republican opposition will prevent him from pursuing his agenda. So as Marquette University senior fellow and veteran education reporter Alan Borsuk put it when speaking to Jacobin, this governor’s race amounts to a choice between treading water and veering hard right.

In many ways, Wisconsin blazed a trail for the rest of the country with market-style reforms that increase competition by weakening teachers’ unions and privatizing schools. Decades later, researchers have mapped the devastating impact of these reforms on Wisconsin students. So, as voters across the United States face grave education questions up and down the ballot, it makes sense to look back at what’s happened in the Badger State.

Please open the link and read this important article.

Back in 2014, a prominent charter school leader in Connecticut resigned after it was revealed that he had been convicted of felonies many years earlier, and that he did not have a doctorate, although he claimed he did. Michael Sharpe resigned as CEO of Jumoke Academy, which ran charter schools in Connecticut and planned to expand to Louisiana.

Sharpe was part of a management organization called Family Urban Schools of Excellence or FUSE, created in 2012. The state had given millions of dollars to Jumoke to take over low-performing schools and turn them around.

The controversy over Sharpe was embarrassing to Democratic Governor Dannell Malloy, who was a cheerleader for charter schools. Malloy chose Stefan Pryor to be the State Commissioner of Education. Pryor had no experience in the classroom but was a co-founder of the no-excuses charter chain Achievement First. Charter schools in the state were allowed to have only 30% of their staff with state certification. The charter industry was strong in Connecticut due to the financial power of hedge funders and the Sackler Family (of opioid fame), which launched Conn-CAN, a charter advocacy group, which became the national 50CAN.

But the biggest scandal of all came to light in the past week, when the same Michael Sharpe was convicted of breaking into the homes of four women in 1984, kidnapping them, threatening the women with a firearm, sexually assaulting them, then stealing money and valuables.

Sharpe was convicted of kidnapping and faces a sentence of 25-100 years in prison. The statute of limitations had expired on the sexual assault charges. Sharpe’s DNA was found at the four scenes. The case was solved by the state’s cold case unit.

Back in the days of his charter fame, the Center for Education Reform identified him as a national leader.

Dr. Sharpe is president of the Connecticut Charter School Association and founding member of the Legacy Project and Family Urban Schools of Excellence (FUSE). He also sits on the boards of the National Charter School Leadership Council, St. Agnes Home, Inc., the CT Chapter of Lupus Foundation of America and Connecticut Landmarks.

Dr. Sharpe began work at Jumoke Academy in 1998 and was appointed its CEO in 2003. Under his leadership, Jumoke Academy’s middle and elementary schools were cited for three consecutive years as one of the top ten performing urban schools in the State of Connecticut.

Jumoke Academy is committed to developing the whole child, and as such, offers programs that ensure our children become competent in the arts, humanities, civic and social responsibilities, and that they understand the value and importance of good character.

In 2015, after Sharpe had resigned, civil rights attorney Wendy Lecker wrote about the strange trajectory of Jumoke Academy, FUSE, and Michael Sharpe.

Earlier this month, the Connecticut Department of Education quietly distributed a scathing investigative report on the Jumoke/FUSE charter chain, conducted by a law firm the department retained. The report reads like a manual on how to break every rule of running a non-profit organization.

The investigators found that although FUSE and Jumoke were supposed to be two separate, tax-exempt organizations, both were run by Michael Sharpe alone. FUSE, formed in 2012, never held board of directors’ meetings until after the public revelations in the spring of 2014 of Michael Sharpe’s felony record for embezzlement and falsification of his academic credentials. FUSE entered into contracts with the state to run two public schools without approval by its board. In fact, it is unclear that FUSE even had a board of directors then. Jumoke, too, played fast and loose with board meetings. Jumoke’s board gave Sharpe “unfettered control” over every aspect of the organization. Even after he left Jumoke for FUSE, Sharpe still ran Jumoke, leaving day-to-day operations to his nephew, an intern there.

Hiring and background checks were in Sharpe’s sole discretion. He placed ex-convicts in the two public schools run by Jumoke, Hartford’s Milner and Bridgeport’s Dunbar. Dunbar’s principal, brought in by Sharpe, was recently arraigned on charges of stealing more than $10,000 from the school.

Nepotism was “rampant.” Sharpe’s mother founded Jumoke. Sharpe moved from paraprofessional to CEO in 2003, with no additional training. His unqualified daughter and nephew were hired, as well as his sister.

The investigation found extreme comingling of funds and of financial and accounting activities, noting that it “would be difficult to construct a less appropriate financial arrangement between two supposedly separate organizations.”

Jumoke/FUSE used state money to engage in aggressive real estate acquisition, some not even for educational purposes, and some inexplicably purchased above its appraised value. Properties were collateral and/or were mortgaged for one another. Loan rates were excessive. To date, loans are guaranteed by FUSE, which is not operational.

Jumoke leased Sharpe part of a building who, violating the lease, sublet it and collected rent. Sharpe hired Jumoke’s facilities director’s husband to perform costly renovations on the parts of the building, his bedroom and bathroom, paid by Jumoke.

These are just some of the misdeeds that occurred without oversight by the State Board of Education or the State Department of Education. The board approved contracts to run two public schools without verifying that FUSE had no board of directors. It approved millions to be paid to FUSE/Jumoke to buy non-educational buildings, charge excessive consulting fees to public schools and engage in possibly fraudulent activities. Worse still, the board allowed Jumoke/FUSE to run Milner schoolinto the ground, jeopardizing the education of Milner’s vulnerable students.

“Dr. Sharpe’s” Linked-In profile has not been updated. It’s very impressive.

The Walton Family Foundation has poured hundreds of millions, possibly billions, into privatizing America’s schools via charter schools. It recently announced that it would add another $100 million, in alliance with the PNC bank, to enable charters to grow.

The curious aspect of Walton’s devotion to charter schools is its complete indifference to the failures, poor performance, scandals, and frequent closures of charters.

Clearly the foundation has a goal that is unrelated to performance or success. The funders criticize public schools for poor performance, but in many states, the public schools outperform the charter schools. Nonetheless, Walton keeps pouring in more money.

Its goal seems clear: not to provide better opportunities for kids, but to undermine and disrupt public schools.

If they cared about students, the Waltons would pour hundreds of millions into improving public schools, which enroll 85-90% of American students.

Jeanne Kaplan served two terms as an elected board member in Denver. She has watched the board’s frenIed embrace of “reform” with dismay. open the link and read the full article, which appears on her blog. I am not putting the post into italics since she uses italics.

She writes:

Reap what you sow and the chickens come home to roost. The elephant in the room.  Aphorisms appropriate to describe what is happening in public education in Denver. 

After 20 years,  more than 5  superintendents, and 11 different school boards, the results of education reform in Denver have become clear, and they aren’t pretty. After opening 72 charters in the last 20 years, 22 of which have closed, the declining enrollments in neighborhood schools have forced the prospect of school closures.  Who knew opening 26 privately run elementary charter schools in competition with district-run schools would ultimately force the district to make some hard financial decisions?  And who knew that ignoring its own 2007 data showing stagnant population growth would lead to less demand for elementary school seats in the 2020s?  Apparently, not those with the power for the last 20 years.  And, as an ironic aside, many of the same people who were the decision-makers in the past and who were unable to make substantive change then, have now decided they will somehow make these previously unattainable changes from their outside “oversight” committee, EDUCATE Denver. In fact one of the co-chairs, Rosemary Rodriguez, was a DPS board member when on March 16, 2017, a Strengthening Neighborhoods Resolution passed, stating:

NOW, THEREFORE, BE IT RESOLVED, that a citywide committee be formed to review changing demographics and housing patterns in our city and the effect on our schools and to make recommendations on our policies around boundaries, choice, enrollment and academic programs in order to drive greater socio-economic integration in our schools.

BE IT FURTHER RESOLVED, that in the face of the sharp decline in the number of school-aged children in gentrifying neighborhoods, the committee is also charged with how to think about school choice and school consolidation to ensure that our schools are able to offer high-quality, sustainable programs for our kids.

These former school board members and former and current civic leaders have formed a “shadow school board” to evaluate and oversee the current superintendent and school board.  Why?  It appears they don’t like what they are seeing being proposed by the current superintendent. What don’t they like?  It appears they have determined the current superintendent is not committed enough to their reform agenda.  You know – the one that has been in place when they were in power, the one that has produced the biggest gaps in the nation, more segregation, and more resource inequity.

As school closures have risen to the fore this week Chalkbeat disclosed these statistics:

“Over the past 20 years, Denver Public Schools has added a lot of schools. It has added students, too — but at a much slower rate.

  • The number of public schools in Denver grew 55% between the 2001-02 and 2021-22 school years, while the number of students grew just 12%.
  • Denver went from having 132 schools serving about 72,000 students in 2001-02 to 204 schools serving nearly 89,000 students in 2021-22.
  • The number of elementary schools in Denver grew 23% over the past 20 years, while the number of students grew just 4%.”

Through expensive marketing and often false narratives, charter schools have had free reign to prey on susceptible families resulting in DPS losing 7400 elementary school students who would have otherwise most likely attended a neighborhood school. Then add in:

  • a state law that prohibits a district from shutting down low enrollment charters, 
  • a district that has ignored demographic information predicting declining enrollment, 
  • a district that employs “attendance zones” and a secretive CHOICE system to often force place students into heavily marketed, often unwanted CHARTER SCHOOLS, and 
  • a competitive financial model called Student Based Budgeting (SBB – money follows the kid) to fund schools, depending on student needs, the goal of which is to close the achievement and resource gaps.

Preston Green, Ed.D, is the John and Maria Neag Professor of Urban Education at the University of Connecticut. He delivered these remarks as part of the Graduate Schools of Education’s annual Barbara L. Jackson, Ed.D., lecture. Green is a specialist on the subject of education and the law. He warned that charter schools without sufficient oversight may actually threaten students’ civil rights. For the protection of students, charter schools must be regulated by government.

A common refrain from education advocates is that school choice is “the civil rights issue of our time.”

Green began by acknowledging that charter schools, which are not subject to all the rules and regulations of local education departments, but are funded by taxpayer funds, are not only a fundamental part of the landscape, but are expanding.

In the United States, there are 7,500 charter schools in 45 states and the District of Columbia, serving 3.4 million students. Although the rules governing the schools vary widely across the country, there are three general areas where many of them fall short, he said.

They are the loss of civil rights, increased stress to fiscally strapped districts, and predatory contracts.

When it comes to civil rights, Green said, marginalized groups should remember one thing: “They can’t keep you out, and they can’t drum you out,” he said.

Families should know, he said, that they are protected by federal statutes that all schools, be they public, charter, or private, must follow. They include Title VI, which prohibits discrimination against a person based on their race, ethnicity, of national origin; Title IX, which protects against discrimination based on sexual orientation and gender identity; the Equal Educational Opportunities Act, which protects English Language Learners; and the Individuals with Disabilities Act and Section 504, with both protect students with disabilities.

A Key Protection That Needs Attention

To those, Green added the Equal Protection Clause of the U.S. 14th Amendment, and the Due Process Clause, which provides a student who may be suspended or expelled the right to be alerted to the charges and given an opportunity to plead their case. Although charter schools fulfill the first five, Green said it’s an open question whether they fulfill these last two, as public schools do.

As an example, he cited Peltier v. Charter Day School, an ongoing case in North Carolina that has received split rulings in federal court and may be resolved by the U.S. Supreme Court. The school has a strict dress code that says girls must wear skirts and boys must wear pants, a provision that Green said would be a clear violation of the equal protection clause because it discriminates on the basis of sex. The school argued that it is not legally a “state actor,” though, and should be exempted from the clause in the same way that private schools are.

This has major implications for Black students, he said, because some schools have policies forbidding Afrocentric hair. The good news is, he said, is that there are 27 states that prohibit charter schools from violating students’ equal protection rights.

“I would argue that all states need to adopt this type of language to ensure that the civil rights of students are provided for,” he said.

Addressing the Financial Impact of Charters

When it comes to increased stress to fiscally strapped districts, Green made the case that both urban and rural school districts often suffer financially when charter schools are established. In the Chester Upland School District, just outside of Philadelphia, he noted that the district faced a $22 million deficit at the same time that charter schools in the district were being given $40,000 a year for every special education student they admitted.

In Oklahoma, state lawmakers just this past March defeated a bill that would have dedicated $128.5 million to expanding school choice, because they was feared it would have an adverse effect on rural schools. Green applauded this, and suggested taking a page from environmental law, and mandate that districts conduct an “educational impact analysis” report before allowing charters to open.

California, Kentucky and Missouri have provisions like this in place for urban school districts, and Louisiana has one for rural areas, he noted.

“For districts with fewer than 5,000 students, the Louisiana State Department of Education actually engages in an assessment with the school district to determine whether or not a charter school should open in that rural community,” he said.

Finally he cited predatory contracts, which can often surface when charter schools are not properly regulated. In New Jersey, he said, a 2019 investigation found that some operators treated their buildings like investment vehicles instead education spaces, and non-profit educational entities often worked in tandem with for-profit partners.

Idaho, Kentucky, Ohio, Rhode Island in Texas already have laws that stipulate that real estate purchased with charter school funds belong to the state; Green suggested that in addition to that, a model statute for contracts and purchases should also include a rule that leases and related party transactions must be conducted at fair market value.

“We’re having a debate right now where we’re asking, ‘Should we go forward with charter schools or should we go forward with private school choice programs?’ I’m going to say that right now, I think that train has left the station,” he said.

“But if we’re going to go forward with this, we need to provide protections. This is my attempt really to begin to put the meat on the bones as to how we can actually do that.”