Archives for category: Education Industry

The Education Law Center is suing to block former Governor Chris Christie’s 2016 decision to expand charters in Newark:

 

February 11, 2020
NJ SUPREME COURT TO REVIEW STATE COMMISSIONER’S DECISION TO DRAMATICALLY EXPAND CHARTER SCHOOLS IN NEWARK
The New Jersey Supreme Court has granted a petition filed by Education Law Center (ELC) to review the State Commissioner of Education’s 2016 decision approving an enrollment increase of 8500 students in KIPP, Uncommon and other charter operators’ schools in the Newark Public School (NPS) district.
In accepting In Re Team Academy Charter School, the Supreme Court will now decide several consequential issues raised by the State’s push to rapidly grow charter school enrollments in NPS over the last decade. Under former Governor Chris Christie, Newark charter enrollments grew 320% from 4,559 in 2009, to 19,152 in 2020. NPS payments to charter schools increased from $63 million in 2009, or 7% of the NPS operating budget, to $265 million in 2020, or 26% of the budget.
The legal issues before the NJ Supreme Court in Team Academy implicate the Commissioner’s failure to comply with the Court’s 2000 Palisades Charter ruling imposing an affirmative obligation under the New Jersey Constitution to carefully evaluate the impact of charter school applications in two interrelated areas:
  • The education resources available to NPS students from the loss of funding that will occur from increasing charter school enrollments;
  • The segregation of NPS students by disability, English language proficiency and race.
The Team Academy appeal addresses the obligation of charter authorizers to protect the constitutional rights of public school students when faced with overwhelming and unrefuted evidence that expanding charters will deprive district students of essential education resources and intensify persistent patterns of student segregation in the resident district.
In 2016, ELC, on behalf of NPS students, submitted detailed evidence to the Commissioner opposing the charter school expansion. ELC’s evidence showed that, if the expansion was approved, NPS would continue to lose funding from its budget, causing further cuts to essential teachers, support staff and programs, including for English language learners (ELL) and students with disabilities. ELC also documented that the expansion would increase the concentration of more costly to educate students with disabilities and ELLs in Newark district schools and worsen the entrenched isolation of Black and Latino students in the already intensely segregated district.
After the Commissioner ignored this evidence and approved the applications, ELC appealed. The Appellate Division upheld the decision, relying on the failure of the NPS superintendent, hired by the State, to object to the expansion. At the time the charter applications were decided by the State, NPS was under State control.
Because NPS students are in the class of plaintiff school children in the landmark Abbott v. Burke school funding litigation, the Supreme Court will also decide whether the Commissioner bears a heightened burden when reviewing charter applications in those districts. Abbott district students remain the subject of continuing Abbott orders to remedy the State’s longstanding violation of their right to a constitutional thorough and efficient education.
Michael Stein of the Pashman Stein Walder Hayden law firm is serving as pro bono co-counsel on this appeal, along with ELC Executive Director David Sciarra, lead counsel for the Abbott v. Burke school children.
Argument before the NJ Supreme Court is expected in the fall.
Press Contact:
Sharon Krengel
Policy and Outreach Director
Education Law Center

Tim Slekar, one of the pioneers of the Resistance invited me to talk with him on his podcast Busted Pencils. 

We talked about SLAYING GOLIATH.

To the shock and consternation of charter school advocates, the Trump budget proposal abandons the controversial federal Charter Schools Program, turning it into a state bloc program that turns the money over to the states. 

The National Alliance for Public Charter Schools issued a scathing denunciation of the axing of the federal charter school programs, which has enriched the big corporate charter chains.

The Network for Public Education issued two reports on waste, fraud, and abuse in this program, showing that nearly 40% of the federal money was spent on charters that either never opened or closed soon after opening, with waste of nearly $1 billion. See the reports here and here.

Trump and DeVos are backing their chief priority: vouchers, which they prefer to call “education freedom scholarships,” at a proposed cost of $5 billion. They want America’s children to be “rescued” from public schools that hat have been burdened by harmful federal policies like high-stakes testing, and punishments attached to testing. They want them to attend religious schools that are low-cost and have no standards or accountability, and are free to discriminate against students, families, and staff they don’t like.

The erstwhile Center for American Progress lamented the proposal to cut federal spending on charter schools, even though Democratic support for them has substantially declined. Apparently, CAP is the last to know that school choice is a Republican Policy.

Chalkbeat reports:

The Trump administration wants to create a new stream of funding for disadvantaged students that would consolidate current spending on Title I — which gives money to schools serving low-income students — and 28 other programs.

This school year, the department spent $16.3 billion on Title I grants to states and districts and $7.8 billion on the other programs. Under the proposed budget, it would all become a $19.4 billion pot that would be distributed through the Title I formulas — a $4.7 billion cut, if the budget were enacted.

The individual programs on the chopping block include:

  • 21st Century Learning Centers, which supports after-school programs in places like Detroit and New York City ($1.25 billion)
  • Arts in Education ($30 million)
  • English Language Acquisition ($787 million)
  • Homeless Education ($102 million)
  • Neglected and Delinquent, which offers grants to states to educate incarcerated students ($48 million)
  • Magnet Schools, which offers grants some districts use for desegregation ($107 million)
  • Migrant Education ($375 million)
  • Rural Education ($186 million)
  • Supporting Effective Instruction State Grants, which is also known as Title II, Part A, which districts can use for teacher training and to reduce class sizes ($2.1 billion)

This move, the budget documents say, would reduce the federal government’s role in education and pave the way for less spending on department staff.

But the proposed elimination of these streams of funding raised alarms among civil rights advocates, who said this would enable states to spend less money on vulnerable groups like students who are English learners, homeless students, students involved in the juvenile justice system, or migrant students.

“History has shown us that … unless the federal government says you must serve migrant children, and here are funds to help you do that, migrant children are lost and forgotten,” said Liz King, the education equity program director at The Leadership Conference on Civil and Human Rights. “The purpose of the dedicated pots of money … is to make sure that the most powerless people in our country are not lost.”

Advocates for other programs expressed concern, too. During a question and answer session with education department officials, a member of the National Association for Gifted Children asked why the administration had proposed eliminating a $13 million program that supports gifted education.

Jim Blew, one of DeVos’s assistant secretaries, and a former official at the Walton Family Foundation, said that advocates for these programs should lobby the states to fund their favorite programs.

One of the regular commenters on the blog signs in as NYC Public School Parent.

She wrote the following:

The ed reformers have set up a game with rules in which they always win.

If 100% of students in public schools are meeting standards, then the standards are too low.

If 50% of students in public schools are meeting standards, then the schools are terrible.

If a charter comes in and cherry picks from the 50% of students who meet standards, then the charter is performing miracles because 100% of their students meet standards.

If a public magnet comes in and cherry picks from the 50% of students who meet standards, then the public school is wrongly cherry picking students and look, the 50% who are left are still not meeting standards.

If a charter has 100 students in 9th grade and 4 years later only 60 of them make it to 12th grade, the charter has a 100% graduation rate because all 60 seniors graduate.

If a public school has 100 students in 9th grade and 4 years later has 90 students and “only” 70 of them graduate, the public school is a failure.

The ed reformers could not get away with this if the education reporters at major newspapers did not demonstrate their incompetence every single day when they accept every press release and study put out by ed reformers as the gospel truth. Too many overprivileged education reporters are so terrified of numbers that they cannot even envision that a charter that starts with 100 students in 9th grade and graduates 60 is not performing the miracles in which 100% of their students are high performing scholars. It is beyond their very limited ability to take a deep dive into numbers. These reporters write as if they were simply acting as stenographers for the PR groups. Their stories are as ridiculous as if a medical/science reporter kept reporting: “This brand name cough medicine cures 100% of the children with serious coughs, as proven by this never peer reviewed study which started with 100 children taking this brand name cough medicine in which 50 children disappeared from the study. We know that the number of kids who disappeared from this brand name cough medicine study is irrelevant because the people at the brand name cough medicine company explained to us that all those children who disappeared had parents who – once they saw that their child would be miracle-cured – decided that they would rather see their children suffer.”

Would science reporters simply report that the cough medicine had 100% cure rates because they accepted as gospel that there were large numbers of parents who had enrolled their kids in that study and then decided they’d prefer their child suffer and stop taking this miracle medicine? Would science reporters say “it doesn’t matter if 25% of the kids disappeared, if 50% of the kids disappeared, or if 80% of the kids disappeared from this study because the people running it told me these missing kids’ parents wanted them to suffer with coughs once their kid started experience the miracle of our cure.”

Would science reporters ignore all the parents publicly explaining how their kids were pushed out of these studies? Would science reporters say “we already know from the cough medicine maker that you just wanted your child to suffer from the cough so we are still going to report that this medicine miraculous cures 100% of the kids who take it.” Or would they listen to parents and say “hey, it’s clear something very fishy and corrupt is going on”.

Would a science reporter make that judgement based on the race and class of the children who leave the study, and if their parents are white and middle class, then reporters are skeptical of the cough medicine company’s claims that they want their children to suffer more instead of being cured. But if those parents are African-American, do those science reporters simply accept as gospel what the cough medicine company tells them is true, that those parents prefer to see their children suffer than be cured and that’s the only reason their kids disappeared from the study?

It seems like education reporters don’t feel the need to ask any questions when the kids who disappear are African-American and Latinx with few other resources. They accept as gospel that their parents prefer to see them suffer, and it never occurs to those white education reporters that perhaps their parents are pulling them BECAUSE the charters are making their kids suffer. I have no doubt that those white education reporters would ask a whole lot more questions if all the missing students were white.

Five years ago, Kevin Welner and Gary Miron explained why you should not believe claims about charter “wait lists.”

At the same time that they released this caution (2014), the National Alliance for Public Charter Schools [sic] put out a press release claiming that more than one million students were wait-listed to get into charter schools.

Five years later, the New York Times cited this press release by NAPCS to substantiate a statement that “hundreds of thousands” of students were on charter wait lists. On the other hand, Los Angeles school board member Scott Schmerelson posted on his Facebook page that more than 80% of the charter schools in LA had vacancies.

Welner and Miron gave nine reasons not to believe unverified claims about hundreds of thousands of students waiting to get into charter schools.

They posted this caution after the NAPCS [sic] claimed in 2013 that precisely 902,007 students were on wait lists for charter schools.

Here are nine reasons to be skeptical of the numbers offered by the National Alliance for Public Charter Schools.

Reason #1: Students Apply to Multiple Charter Schools

The NAPCS estimate is complicated by the fact (acknowledged by NAPCS in its 2013 announcement) that “families often apply to multiple charter schools….” Because of this practice, NAPCS downsizes its own topline number by over 400,000 students. That is, instead of the 920,007 waitlist students given as the 2013 topline number, NAPCS later adds: “at a minimum, more than 520,000 total individual students – many of whom are on multiple charter school waitlists … are on waitlists across the country.” In practice, many families may apply to one or more charter schools along with district-run schools or programs. Such students receive offers at a variety of schools (multiple charter and/or district options) but may choose a district school option. In short, a given charter school application may not reflect a student’s first choice.

Reason #2: The Waitlist Numbers Cannot Be Confirmed

Even the NAPCS 520,000 estimate is problematic. For most jurisdictions,2 it is derived from unaudited and unauditable numbers reported to NAPCS through a survey it administers annually. The survey apparently asks for the number of applications received, as well as the number of available seats. The waiting list numbers are then calculated as applications minus seats.

There is no state or federal indicator that is called “waitlist.” Instead, this is a statistic developed by NAPCS and others who hope to advance the argument that, “With such demand, it is up to our elected officials to remove the facilities and funding barriers that exist to ensure that every child has the option to attend a high-quality public charter school” (Nina Rees, NAPCS president and CEO).3

Open the link to read the other seven reasons.

 

Tonight (before the Oscars) I spoke at the Mark Taper Auditorium in the Los Angeles Central Library. It was a magnificent event, led by Alex Caputo-Pearl of the United Teachers of Los Angeles.

The library is an elegant building that has been renovated. The auditorium is gorgeous. The audience was wonderful.  The event was videotaped so I hope to post it here. I noticed that many big contributors to the privatization movement (Richard Riordan, Bill Gates) also contributed to the Public Library. Do you think they see a contradiction between supporting a great public library, free and accessible to all, while undermining public schools?

It was thrilling to be sponsored by UTLA. This is a union that is fully woke and fighting to save public education and make it far, far better.

First comes the March 3 election, where four seats on the LAUSD board are up for grabs. UTLA is vigorously supporting Jackie Goldberg, George McKenna, Scott Schmerelson and Patty Castellanos.

Then comes a major funding referendum next November where UTLA and other educators are asking voters of California to tax major corporations whose tax rates have not changed since 1978. The tax for the Communities and Schools defending would raise $12 Billion a year, half for social services for children, and half for schools.

UTLA boldly went on strike in January 2019. They have now purchased highway billboards to shame the corporate Privatizers. They are a brave and militant union.

I was thrilled to see so many LA friends and meet new ones, especially the East Side Hispanic parents who have created a neighborhood organization to fight privatization. I also enjoyed seeing our own commenter Left Coast Teacher, who is tall and very handsome. And it was great to see blogger Sara Roos (Red Queen in LA) and many more LA allies.

I love this union! They are truly leaders of the Resistance!

 

 

Nancy Bailey features a post about an absurdly inappropriate reading program, citing work by Betty Casey in Tulsa. 

Casey interviewed experienced reading teachers, who gave her examples of age-inappropriate questions in the Core Knowledge Amplify scripted program.

Casey writes:

Do you think primogeniture is fair? Justify your answer with three supporting reasons.

You may think this is from a high school test, but it’s a question from a Common Knowledge Language Arts (CKLA) workbook for third-graders.

Why is the War of 1812 often referred to as America’s second war for independence? In your response, describe what caused the war and Great Britain’s three-part plan for defeating the United States. This is a writing task for second-grade students.

A first-grade Tulsa Public Schools teacher described this reading lesson: “You say, ‘I’m going to say one of the vocabulary words, and I’m going to use it in a sentence. If I use it correctly in a sentence, I want you to circle a happy face. If I use it incorrectly, I want you to circle a sad face. The sentence is Personification is when animals act like a person.’”

That lesson is given 10 days after the start of school. “I had kids who wouldn’t circle either one,” the teacher said. “Some cried. I have sped (special education) kids in my room, and they had no idea. That’s wrong. Good grief! These are 6-year-olds!”

Jan Resseger describes the chaos and disruption caused by Ohio’s choice-made Legislature.  

The Ohio House is trying to curb the overreach of the expanded voucher program, which unexpectedly swooped up some white, affluent schools. The hardline Senate, lobbied by generous campaign donor Betsy DeVos, will hang tough to give out as many vouchers as possible, even if it bankrupts entire school districts.

I wonder why no one has put a referendum on the state ballot about whether the public wants vouchers to pay the tuition of religious school students.

At the end of Jan’s excellent article, there is a nugget of good news.

The failed state takeovers are under fire:

On Wednesday, the Ohio House passed another very welcome emergency amendment to Senate Bill 89: to end Ohio’s state school district takeovers established without adequate public hearings in the summer of 2015. The House amendment would end the state takeovers and the top-down, appointed Academic Distress Commissions in Youngstown, Lorain and East Cleveland. Elected representatives from Lorain and Youngstown spoke passionately for the need to restore local control and community engagement in their school districts, which were thrust into chaos in recent years by their Academic Distress Commissions and their appointed CEOs.

 

Bob Shepherd, a frequent contributor, also a textbook writer, assessment developer, author, and classroom teacher, writes about the effect of Common Core on the teaching of literature. He omits my biggest gripe about CCSS: the arbitrary requirement that teachers must devote 50% of their time to literature and 50% to “informational texts” in the early grades. As students get older, the proportion of “informational texts” is supposed to increase. There is no rational basis for this prescription. It is based on the NAEP instructions to assessment developers; these instructions were never intended as guidelines for teachers. Literary reading can be as challenging as informational text. Teachers should make their own choices.

Shepherd writes:

For many decades now, as in any occupied country, the Deformer/Disrupter occupiers of U.S. education–the invasion force that went forward, financed by Gates and Walton dollars, to take over our federal and state governments, has dominated discourse about education in the United States. In Vichy France, the motto of the Revolution, liberté, égalité, fraternité, was replaced by the motto of the fascist collaborationist Pétain regime, travail, famille, patrie. These were high-sounding words–work, family, and country–but they masked a terrible reality as the Jews and Socialists started disappearing. Conservatives embraced the official collaborationist view as a corrective to the licentiousness of an era of jazz and night clubs, short skirts and sexual libertinism. There was a resistance, yes, but it operated in the shadows. Moderates found it easy to ignore the disappearances and the surveillance state and to embrace the discourse of the occupiers–to become de facto collaborators–because the alternative was dangerous.

For many decades now, the language of the Deformers/Disrupters has become the official language of the federal government, the state departments of education, of administrators of our schools, and of our textbooks, print and online. It’s as though there were an unwritten but rigidly, severely enforced rule that one was never to mention the puerile, backward Gates/Coleman bullet list of abstract “skills” without prefacing the term “standards” with the adjective “higher.” Everyone throughout the educational system is forced to speak in terms of “data-based decision making” and “accountability,” even if they know quite well that the tests that provide this supposed”data” are sloppy and invalid–a scam. Teachers are given no choice but to post their data walls and hold their data chats. All coherence in ELA textbooks is gone, their texts and study apparatus having been replaced by random exercises, modeled on the state tests, on applying random items from the Gates/Coleman list to random snippets of text. The goals set by the occupiers–school letter grades, the average test scores needed to get an “exemplary” rating as a teacher or administrator, the test scores for avoiding third-grade retention or necessary for high-school graduation–are very like the constant barrage of production figures for pork bellies and pig iron constantly broadcast by fascist regimes. And everywhere are the reports on the glorious successes of regime–the graduation rates, the improved scores, cheered and written about in news stories even as everyone knows them to be lies.

The Chiefs for Ka-ching are The Party running the Vichy Occupation.

But enough with the abstraction. Let’s dig a little deeper. Let’s look at U.S. literature texts before and after Gates and Coleman. Before, there was no top-down curriculum commissariat, but habits of the tribe and tradition and teacher concerns about quality ensured that from one basal program to another, the contents were pretty much (about 90 percent) the same. Poe’s “The Raven” and “The Cask of Amontillado.” Check. Wordsworth’s “I Wondered Lovely as a Cloud.” Check. Hughes’s “A Negro Speaks of Rivers.” Check. The Allegory of the Cave from Plato’s Republic. Check. Substantive literary works. Classics from the canon. And almost all schools used these basal lit texts.

Every selection in these literature textbooks was followed by a series of questions, beginning with factual questions, moving to analysis questions, and ending with evaluation questions, that took students through a step-by-step close reading of the substantive, classic selection. These were followed by extension activities–language activities about grammar or usage or vocabulary in the selection. Writing in response to or in imitation of the selection. Walk into any school in America, and kids were using these texts. In high-school, almost all schools were using a basal world literature text in Grade 10, an American literature survey text in Grade 11, and a British literature survey text in Grade 12. In the non-survey years, the texts were usually organized coherently by genre–poetry, the short story, drama, the nonfiction essay–or, by theme. But always, one had the substantive, classic selections and the close reading questions–facts, analysis, synthesis, following Bloom’s taxonomy.

Enter Gates. Gates wanted a single bullet list, nationally, to key depersonalized education software to. He saw the current system for educating Prole children as terribly wasteful of money spent on facilities and teachers, who could be replaced by computers. And by doing that, he and others in the computer industry could make a LOT of money. So, when he was approached by Coleman and another guy from Achieve, he was all over the idea of national “standards.” Any bullet list would do, and any guy, even Coleman, despite his lack of relevant expertise.

And what did Coleman do? Well, he and his pals reviewed the mediocre, skills-based, lowest-common-denominator existing state standards and cobbled together a list based on those. And his list, like the execrable state “standards” that proceeded it, was almost content-free–it was a list of vague, abstract “skills.” In his ignorance of the fact that there was a de facto, default canon in U.S. literature textbooks of substantive works from British, American, and World literature, he called for “reading of substantive works” for a change. In his ignorance of the fact that EVERY basal literature program was organized around close reading questions, he called for “close reading.” In his ignorance of the fact that every high-school in the U.S. was using a basal lit text in Grade 11 that contained a survey of American literature, including foundational documents like the Declaration of Independence, the Constitution, and the Federalist Papers, and in ignorance of the fact that almost all schools were doing a Brit Lit survey in Grade 12, he called for reading of “foundational documents” in American literature in Grades 11 and 12 (one of the very, very few actual bits of content-related material in his “standards.”

And what was the actual result of this? Well, before Gates and Coleman, editors and writers of U.S. literature texts would sit down and coherently plan a unit to teach, say, the elements of fiction. It would contain substantive short stories from the canon and treat, in turn, such elements as the central conflict, plot structure, character types and methods of characterization, setting, mood, and theme. After the Coleman/Gates bullet list and the high stakes attached to tests based on this (school, administrator, teacher, and student evaluations, punishments, and rewards), the bullet lists and the tests became all important. Educational publishers started making TEACHING THE BULLET LIST the goal of education. (They didn’t do this when there were differing, competing state “standards.”) The publishers started beginning every project with a spreadsheet containing the bullet list on the left and the place where the item from the list was “covered” to the right. The “standards” and the test question types became the default, de facto curriculum. COHERENCE AND CONTENT IN US LITERATURE TEXTOOKS WAS GONE. They became a random series of random exercises on random snippets of text meant to teach incredibly vague “skills,” some in print, some in online replacements for textbooks. Vague, content-free kill drill.

And now, a whole generation of teachers has entered the profession and grown up under a Vichy regime that treats this madness, this devolved, trivialized curriculum, as ideal.

And after decades of this, after the utter failure of Deform to improve test scores or close achievement gaps, the Deformers want to double down. Stay the course, but add a national Curriculum Commissariat and Thought Police to serve as curriculum gatekeeper. And, ofc, put some idiot like Coleman in charge of it–someone who gets his or her marching orders from Gates or the Waltons. Kill any possibility of innovation by researchers, scholars, and classroom practitioners, whose ideas for modifications of the curricula won’t matter because THEY ARE NOT ON THE LIST. Hew to the list! Do as your betters tell you to do! Yours is to obey. Your superiors will take care of the command and control (and coercion).

Enough. It’s time to start challenging the Deformer/Disrupter NewSpeak at every turn. No, this is not “actionable data” because it comes from invalid, sloppy tests that don’t measure what they purport to measure. No, writing that applies the “standard” to the text doesn’t reflect normal interaction with texts, in which we are interested primarily in the experience of the work and what its authors and characters had to say. No, these “standards” are trivial and vague and backward, not “higher.” No, these test questions are tortured and awkward and invalid and do not reflect normal interactions with texts. If anything, they are superb examples of misreading that misses the point of why people write and why others read. No, teachers are autonomous professionals not to be scripted. No, teaching is a human interaction between people, and computers can’t do it.

Enough. Send the Deformers packing. Vive la révolution!

Mercedes Schneider listened to Donald Trump and Betsy DeVos deride what they call “America’s failing government schools.”

She writes that these two deep thinkers put the hyphen in the wrong place. To understand what has happened over the past two decades, you must realize that the schools have been victimized by failing-government policies, by policies based on flawed theories and uninformed hunches, starting with a “Texas miracle” that never happened and followed by federal mandates that were unrealistic and just plain dumb.

Who failed? Not the schools. The politicians.