Archives for category: Education Reform

David Berliner and two colleagues wrote an article proposing a simple and research-based way that public schools can save millions of dollars annually: Stop testing every student every year. Test every third year or every other year. They explain why this makes sense in an article posted on Valerie Strauss’s blog The Answer Sheet.

Strauss begins:

States spend millions of dollars every year to purchase standardized tests in an exercise that has come under strong criticism in recent years for reasons including the quality of the exams and the often invalid ways that districts and states use the scores.


While the billion-dollar testing industry is undergoing changes, with a bigger share of its spending going to the purchase of digital exams, the same questions remain, including: Are states wasting money?

The federal government requires annual statewide tests in reading/language arts and mathematics for all students in grades three through eight and once in high school, and some states tack on other standardized exams. A decade ago, one analysis found that states spent a combined $1.7 billion on these exams, and experts say the total has only gone up.


This post argues that the states are wasting money, and it explains an alternative to save money and increase instructional time. It was written by David C. Berliner, Norman P. Gibbs and Margarita Pivovarova.


Berliner, Regents’ professor emeritus at the Mary Lou Fulton College of Education, is a past president of the American Educational Research Association who has published extensively about educational psychology, teacher education and educational policy. Gibbs is a program evaluator for the Mesa Unified School District in Arizona whose research focuses on assessment and accountability, comparative and international education, and inclusive and participatory decision-making. Pivovarova is an associate professor in the Mary Lou Fulton Teachers College at Arizona State University whose research focuses on the relationship between student achievement, teacher quality and school contextual factors.


This post argues that the states are wasting money, and it explains an alternative to save money and increase instructional time. It was written by David C. Berliner, Norman P. Gibbs and Margarita Pivovarova.


Berliner, Regents’ professor emeritus at the Mary Lou Fulton College of Education, is a past president of the American Educational Research Association who has published extensively about educational psychology, teacher education and educational policy. Gibbs is a program evaluator for the Mesa Unified School District in Arizona whose research focuses on assessment and accountability, comparative and international education, and inclusive and participatory decision-making. Pivovarova is an associate professor in the Mary Lou Fulton Teachers College at Arizona State University whose research focuses on the relationship between student achievement, teacher quality and school contextual factors.


By David C. Berliner, Norman P. Gibbs, and Margarita Pivovarova


Could state educational policymakers do with a few million extra dollars? Surely, America’s teachers can help us all think of something to do with that money. We know how they can do it.

We explain below how this is done, as we did more extensively in a just-published article in Education Policy Analysis Archives, a respected, peer-reviewed educational research journal.


We presented data suggesting a remarkably easy and substantially cheaper way for each state to get the information it desires about the academic performance of its schools from the standardized tests it uses. In addition, following the advice offered in this article, there would also be an increase in instructional time for students. Let us set the stage for this research first.


Suppose a set of nonidentical triplets are identified at age 5. One is tall for his age, one is of medium height, and one is short for his age. At age 6, what is the chance that these children have changed the order of their heights? Sure, they will probably be a little taller, but the order is highly likely to be the same, almost every year. Certainly, if one of the triplets takes special hormones, or one contracts a lengthy disease, the order might change. But without an unusual event, these triplets are quite likely to grow into adulthood as they were — one relatively short, one medium, and one tall. Their rank order, not their height itself, will almost assuredly remain the same.


If we used statistics and did year-to-year rank order correlations for the triplets’ height, the result would likely be a correlation of 1.00, indicating a perfect correlation. This would inform us that the rank order of the triplets is always the same, even if their heights do actually change a bit until they are well past puberty. But even then, regardless of their actual height, their relative height is likely to be constant, and thus it probably need not be measured frequently at all. We “know” that year after year, when we measure their heights, the triplets are almost assuredly still going to be tall, medium, and short in comparison to each other, Eventually, it simply wouldn’t be worth the effort to measure their heights frequently.


Well, it turns out that the hundreds of schools in a state line up in scores just as do as the triplets. Their relative test scores — whether low, medium or high — barely change at all, year after year, regardless of the scoring system used by the standardized testing company. If the relative scores don’t change much year after year, except under some unusual circumstances, why would you need to test the students in those schools to learn how they are doing, year after year?

Here, for example, are the correlations between test scores in mathematics, from one year to the next, for every elementary school in Nebraska, for the years 2014 to 2018. Those year-to-year correlations are .93, .95, .94, .90, .95. These data inform us that if you know this year’s scores in mathematics for each Nebraska school, you know almost perfectly how those schools will test the following year. It’s the equivalent of knowing the order of the heights of the triplets this year, and thus being quite sure you would know the order of their heights were you to measure them the next year. Similarly, if you already know the standardized test scores for every elementary school in Nebraska, you don’t really need to test the next year. Next year’s ordering of Nebraska’s schools will look very much like this years’ ordering of its schools. So why not skip a year or two of testing, and save millions of dollars and millions of instructional hours?


With correlations in the .90’s between last year’s test scores and this year’s test scores, as was empirically obtained, you certainly don’t need to test every year to know how the schools in Nebraska are performing. If big changes in a school’s performance did occur, you’d certainly pick that up through testing every other year. Apparently, unless a schools catchment area changes, or is rezoned so it has a big shift in population, or it must deal with a natural (earthquake) or man-made disaster (a school shooting) that upends the school community, a school’s standing in a pool of standardized test scores will not change much from year to year.


We repeated our analyses in another state, at other grade levels, and for other subject matters. For example, here are the correlations for one year’s standardized achievement test scores in reading, with the following years’ achievement test scores in reading, for all of Texas’s middle schools, over five years: .92, .91, .91, .93, .93. As in Nebraska, knowing this year’s standardized test score informs us almost perfectly what next year’s test score will be. We know how each school will perform because of its previous score. The rank order of a school, vis-a-vis every other school in the state, is quite stable. Mandated achievement tests in Nebraska and Texas need not be given every year to answer the question: How is this school doing? Testing every other year in Nebraska and Texas, and we suspect in all other states, would yield the same information desired by those concerned about how the schools are doing academically.


But it gets better, and thus even more millions of dollars might be saved! Presented next are the correlations between tests of reading given two years apart on Texas’s middle school reading test (.89, .89, .89, 90). And here are the correlations between tests of reading given two years apart for Nebraska middle schools (.92, .95, .91, .97). In other words, almost the same rank order of schools will be present in Nebraska and in Texas if you tested every third year, saving the states a gazillion dollars in money and time, and it would also reduce the annual surge in the test anxiety of thousands of U.S. students, teachers, and parents.

Testing every third, or every second year, results in virtually no loss of information for district, state or federal agencies. We are not recommending doing away with the assessment of student achievement by means of standardized achievement tests, but we are pointing out that we seem to have overdone it. Testing annually eats up a great deal of instructional time and a large amount of money but yields little new information for states, districts and schools.

To those who say that “the teachers need the standardized test results to know how their students are doing,” we have two answers. First, experienced teachers already know how their students are doing in relation to their states’ recommended curriculum, and they don’t need a standardized test to provide them with that information. Research evidence informs us that experienced teachers are quite good at predicting the rank order of each of their students on their own states’ standardized achievement tests.
The other answer to this tired rationale for standardized testing is related to scheduling. The tests are typically given in spring. Test results are, therefore, usually analyzed over the summer months. Test results, by necessity, are given back in the fall of the calendar year, to teachers who have already passed their students on to teachers in the next grade! The information about student achievement, when teachers no longer have those students, comes too late to make any midcourse corrections in their instruction.


And some have argued that achievement testing has value for school administrators, who might then be able to identify exemplary and ineffective teachers from the test performance of the students those teachers had the previous year. But that is no easy identification to make, since each year’s classroom level achievement test data is greatly affected by the kinds of students a teacher was assigned. Substantial differences in achievement test scores occur for teachers depending on the numbers of second-language learners, or students with high absentee rates or special-education students who were assigned to their classrooms. In fact, even classes with slightly more girls than boys generally score higher on tests than classes with more boys than girls. So, inferring teacher competence from standardized test results is quite problematic.


Now that this research article has been published in a peer-reviewed journal, we wonder which state will be first to petition the federal government for a waiving of the current testing requirements? Will the federal government grant such waivers, or are its policies immutable? We are pretty sure that a state choosing to test every third year, or every other year, will save millions of dollars and millions of instructional hours, with no loss of the information it believes to be useful. A reconsideration of our nation’s assessment policies is surely warranted.

Here is the most important election of 2023: Control of the Wisconsin Supreme Court. The election is April 4, 2023.

The current Court is 4-3, with a Republican majority. A win by Democrats will reverse the balance and be crucial on issues of abortion, gerrymandering, and schools. It is also a chance to reverse the damage done by Republican Scott Walker.

Charlie Sykes writes in The Bulwark, a site established by Never-Trumpers:

The election that the media has dubbed “the most important election nobody’s ever heard of,” is just weeks away, and has already drawn international attention.

The “Stakes are monstrous,” declared Britain’s Guardian. “Wisconsin judicial race is 2023’s key election.”

Voting is under way in an under-the-radar race that could wind up being the most important election in America this year.

The NYT headlined: “2023’s Biggest, Most Unusual Race Centers on Abortion and Democracy.” Within weeks, the Times reported, “Wisconsin will hold an election that carries bigger policy stakes than any other contest in America in 2023.”

The state’s high court now has a 4-3 conservative majority, but one of the conservative members is retiring, which has created an opening for progressives to flip the high court for the first time in decades.

And everything is on the line: from Act 10, which limited public employee collective bargaining rights, to gerrymandering, abortion, and the way presidential elections are decided.

“If you change control of the Supreme Court from relatively conservative to fairly liberal, that will be a big, big change and that would last for quite a while,” said David T. Prosser Jr., a conservative former justice who retired from the court in 2016.

The contest will almost certainly shatter spending records for a judicial election in any state, and could even double the current most expensive race. Wisconsinites are set to be inundated by a barrage of advertising, turning a typically sleepy spring election into the latest marker in the state’s nonstop political season.

The Wapo reports that the election “will have sweeping consequences, as the court in the coming years is likely to decide whether to uphold the state’s near-total ban on abortion. It also could wade into disputes over gerrymandering and the outcome of the next presidential election.”

The Bulwark’s headline also captured the stakes “Wisconsin Supreme Court Race a Test for Democracy.”

On paper, the contest is non-partisan, but nobody even bothers to pretend anymore. Next Tuesday’s free-for-all primary includes four candidates: two progressives: Janet Protasiewicz and Everett Mitchell; and two conservatives: Dan Kelly and Jennifer Dorow.

The conventional wisdom (which is likely correct) is that the primary will set up a contest between left and right. The same conventional wisdom (on both sides of aisle) thinks that Protasiewicz is the strongest progressive candidate, while Dorow — who achieved a sort of media stardom for presiding over a high-profile criminal case — is the most electable conservative. Kelly, who was named to the Court by former Governor Scott Walker at the urging of the Federalist Society, has already lost a statewide election — a rare defeat for an incumbent justice.

**

But now we get to the strangest twist in this high-stakes story: After decades of ignoring or downplaying crucial judicial elections like this one, Democrats and their allies are very much focused on the Wisconsin contest.

Meanwhile, Wisconsin conservatives have chosen this moment to crack up.

While progressive dollars pour into the state, Republicans have launched a bitter, high-stakes, and often quite personal, civil war that seems designed to take out the candidate who may give them the best chance to hold onto control of the state’s high court…

To finish the article, subscribe to The Bulwark.

Historian Jack Schneider and journalist Jennifer Berkshire call out the hidden secret of vouchers: they steal from the public schools of the poor to fund the private and religious schools of the affluent. In state after state, 75-80% of the kids who use voucher money are already enrolled in nonpublic schools.

In an article in The Nation, Schneider and Berkshire write:

The assault on public education currently unfolding in state legislatures across the United States stands to annually transfer tens of billions of dollars from public treasuries to the bank accounts of upper-income families. Those dollars, which otherwise would have gone to public schools, will instead reimburse parents currently paying private school tuition. It’s a reverse Robin Hood scheme that Americans would hate if they fully understood what was going on.

That’s not the sales pitch, of course. As Betsy DeVos and her allies like to put it, their cause is “education freedom.” They want American families to have “options” beyond their local public schools. And their plan for creating those options is to push various forms of school vouchers. The money that otherwise would have gone to local schools, instead, would be given to families. Families could then take those dollars—sometimes loaded on an actual debit card—and spend them at whatever kind of school, or on whatever kind of educational product, they want.

There are many reasons to dislike this plan. Public schools are open to all, meaning that they can’t turn students away on the basis of characteristics like ability or identity. And public schools serve the public good. That’s why we fund them with our tax dollars—because we expect them to serve all of us.

Private schools, by contrast, can turn students away for nearly any reason, including that they have disabilities that make them more expensive to educate. As more states adopt programs that use taxpayer dollars to fund private schools, taxpayers are increasingly footing the bill for discrimination.

In Florida, for instance, a religious school that notified families this fall that LGBTQ students were no longer welcome and would be asked to leave immediately still receives more than $1.6 million a year in public funds through the state’s private school voucher program.

But school voucher plans are a raw deal not just for public schools and the students who attend them but also for taxpayers. Programs like the one jammed through by the Republican legislature in Iowa this week stand to immediately transfer massive amounts of cash directly from state treasuries to the families that least need it.

While proponents, like Iowa Governor Kim Reynolds, sold the plan as a way to give choices to poor and middle-class families, the program will chiefly subsidize the parents who already send their kids to private schools. The cost of that subsidy is significant—an estimated $340 million each year once the plan is fully phased in—and will be borne by the 500,000 students who attend the state’s underfunded public schools.

And it’s not just in Iowa that Republicans are pulling off this reverse Robin Hood maneuver. In Arizona, where lawmakers recently made all students eligible for school vouchers, 75 percent of the students who applied for the new subsidy never attended public school. The same dynamic is playing out in New Hampshire, where GOP legislators enacted an “education freedom” program over stiff public opposition. At Laconia Christian Academy, for instance, all but two families in the school took advantage of the program, pulling roughly half a million dollars out of the public treasury.

Please open the link and finish reading the entire article. It nails the essential outcome of vouchers, which may also be their purpose. They subsidize the students who never attended public schools at the expense of the public schools of the poor.

As Governor Ron DeSantis stirs up passions over hot-button issues and declares his state the place “where WOKE goes to die,” African Americans in his state are determined not to let him bury their history.

Why is he so eager to suppress the teaching of Black history? His campaign against “woke” and against “diversity, equity, and inclusion” is not a thinly veiled attempt to hide the past. It is an egregious and blatant attempt to hide the past.

Unfortunately, his efforts to crush efforts to eliminate racism have been copied across the nation by other red states, which have passed laws banning the teaching of critical race theory, The 1619 Project, “divisive concepts,” and anything that would make some students feel “uncomfortable.” The language of the last phrase implies that teaching about atrocities by whites against blacks might make white students feel “uncomfortable,” so skip those events. Ignore them. Don’t teach them. Bury the past.

Dr. Marvin Dunn is the leading scholar of Black history in Florida. He is an emeritus professor at Florida International University. I just read his book A History of Florida Through Black Eyes, and I urge you to do the same.

For starters, I learned that the first Black people to arrive in what was later the continental United States arrived with Spanish explorer Ponce deLeon in 1513–not in Virginia as slaves in 1619. Every subsequent Spanish explorer brought Black men with them, sometimes as slaves, sometimes as free men with needed skills. Because Florida was controlled by Spain until 1821, it became a haven for escaped slaves from other states. White troops frequently came into Florida in search of the escapees. Free blacks joined with the Seminoles to resist the invaders. When the Seminoles were deported west, some of their Black allies left with them.

Florida did not acquire statehood until 1845.

Black people in Florida, whose population was about the same as whites after Florida became a state, were subject to harsh discrimination as in other southern states. They were treated as chattel and “owned in the same manner as one owned horses or cows.” Manumission was expensive and rare.

During the Civil War, large numbers of Blacks, slave and free, joined the Union Army and fought for their freedom. After the War, Black men entered political life, but their success outraged whites, who murdered Blacks and engaged in violence to prevent Blacks from voting and assuming full citizenship. Voting was dangerous for Blacks. After Reconstruction, whites regained political power and re-established their dominance over Blacks. Northern whites ignored the betrayal of Blacks across the South, who returned to a state of subservience barely different from slavery.

The southern press, Dunn writes, regularly wrote of Blacks as “lusting beasts” who were a threat to the social order, “particularly to the safety of white women.” Many of the most notorious lynchings (which whites called “a necktie party”) were instigated by a claim or rumor that a Black man had raped or violated a white woman by a remark, a letter, or any sort of familiarity.

The history of lynching casts a dark shadow over the state’s history, and it is so brutal, so vile, so shameful that white state officials never wanted it to be told in school textbooks.

An underlying, persistent theme in lynchings of Blacks was sexual. Whites not only murdered Black men, they mutilated their penises and other parts of their bodies. On the occasions when mobs lynched whites for murder or rape or cattle rustling, they were not sexually mutilated.

The most celebrated atrocity in Florida occurred in a small black community named Rosewood. A white woman alleged that she had been assaulted and robbed by a black man. Word spread fast, and a mob of white men began scouring Rosewood for the alleged assailant. A black woman who worked for the white “victim” said that she had gotten into a fight with her white lover while her husband was at work at the lumber mill, but only other Blacks believed her.

The mob was intent on finding a Black man and punish him. As suspicion went from one Black man to another, the mob besieged the home of a Black family, and shots were exchanged. Both Blacks and whites were killed. The mob responded by burning every home in Rosewood to the ground, extinguishing the community.

Some survivors escaped by fleeing through the swamp. In the 1990s, the few remaining survivors sued the state for failing to protect their homes and won reparations. Dr. Dunn bought five acres in what was once Rosewood; he unearths and preserves relics of what was once a thriving community.

Dunn describes many lynchings, each horrible, but the one that stands out is the lynching of Claude Neal in 1934 in Marianna, Florida.

The story begins when the body of a young white woman was discovered under a log. She had been raped and beaten to death with a hammer. A young farmhand, Claude Neal, was accused and signed a confession; Dunn thinks he may have been coerced. Without a trial, there’s no way of knowing. The police took him into custody and moved him from jail to jail to keep him away from the mob.

Neal ended up in a jail in Brewton, Alabama, 130 miles from the scene of the crime. But a mob found him and brought him back to Jackson County, Florida.

The mob was led by a “Committee of Six” that announced its intention to lynch Neal. An AP reporter was on hand, and the news of the lynching was broadcast through radio and newspapers.

Given the advance notice, some groups issued appeals to Governor David Scholtz and federal agencies to step in and stop the lynching. The governor couldn’t be reached, and the federal agencies denied they had jurisdiction even though he had been kidnapped and taken across state lines.

When the time came for the well-advertised lynching, some 4,000 whites had gathered for the spectacle.

The leaders of the mob were concerned by the large, unruly crowd, so they postponed the lynching. Instead, they took Neal to the Chipola River to kill him. Before he was killed, they cut off his penis and made him eat it. Then they cut off his testicles, made him eat them and say that he liked doing so. Then they tortured him with knives, slicing his stomach and arms, cutting off fingers, then applying red hot irons to burn him. As the torture proceeded, they strung him up, then let him down, and continued the torture.

After he was dead, the whites tied his mangled body to the front bumper of a car, as a deer would be tied, and brought it to the scene of the crime. They dumped his body on the ground, and women and children savaged it some more with sharpened sticks.

Eventually the mangled body was strung up on a tree in front of the Jackson County Courthouse. Pictures were taken of it, made into postcards, and sold as souvenirs. Bystanders continued to mutilate the corpse. The sheriff cut it down the next day. That made the mob angry, and the governor sent in the National Guard to restore order.

As Dunn notes in various places in the book, on the occasions when whites were arrested and tried for crimes against blacks, the charges were always dismissed by an all-white jury. Little wonder that mobs could commit vicious crimes without fear of prosecution.

Dunn points out that he usually found evidence of whites who opposed the mob violence, sometimes at risk to themselves. During the Rosewood frenzy, the white owner of the general store told his white clerk to hide the ammunition and tell anyone who asked that they were sold out.

This brutality is hard to read. It is hard to comprehend. It is obscene. Would it make students uncomfortable? Yes, it would and it should.

DeSantis doesn’t want this history to be taught because he doesn’t want to upset students. But it is factual history. Should it be suppressed? It’s not appropriate to expose very young children to these historical events. They might have nightmares. But high school students should learn this history because they are mature enough to think about it and consider its root cause: racism.

Is it “woke” to learn the truth? I don’t think so.

The only people who would react to this history with a sense of guilt and shame are those who identify with the oppressors.

Most people, I think, would identify with those who were brutalized, commiserating with them as fellow human beings subjected to inhumane treatment.

The whites who want to hide, purge, and suppress this history identify with the oppressors.

What do you think?

The Houston Chronicle is shining a bright light on some of the shadiest real estate deals that enrich charter school operators. What could be better than to get a charter, buy property, rent it to the charter at rates of their choosing, get the property made tax-exempt, and make a bundle using taxpayer dollars? In some charter schools, the superintendent owns the properties and pays himself rent.

Just over two years ago, Universal Academy, a Texas charter school with two campuses in the Dallas area, made a surprising move.

In November 2020, a nonprofit foundation formed to support the school bought a luxury horse ranch and equestrian center from former ExxonMobil Chairman Rex Tillerson. The 12-building complex features a show barn “designed with Normandy-style cathedral ceilings,” a 120,000 square foot climate-controlled riding arena and a viewing pavilion with kitchen and bathrooms.

The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.
The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.Jon Shapley/Staff photographer

Just over two years ago, Universal Academy, a Texas charter school with two campuses in the Dallas area, made a surprising move.

In November 2020, a nonprofit foundation formed to support the school bought a luxury horse ranch and equestrian center from former ExxonMobil Chairman Rex Tillerson. The 12-building complex features a show barn “designed with Normandy-style cathedral ceilings,” a 120,000 square foot climate-controlled riding arena and a viewing pavilion with kitchen and bathrooms.

RELATED: IDEA Public Schools signed $15M lease for luxury jet despite being under state investigation

Last summer the Texas Education Agency granted Universal Academy permission to create a new elementary campus on the horse property’s manicured grounds. It will offer students riding lessons, according to a brochure, for $9,500.

Sales prices aren’t public in Texas, but the 100-acre property had been listed for $12 million when Tillerson, who also served as secretary of state under former President Donald Trump, bought it in 2009. Because of the foundation’s nonprofit status and its plans to offer equine therapy, the parcel has been removed from the tax rolls.

School board President Janice Blackmon said Universal hopes to use the facility to start a 4H chapter and Western-style horsemanship training, among other programs that take advantage of its rural location. “We’re trying to broaden the students and connect them to their Texas roots,” she said.

Splashy purchases like the horse arena are receiving increasing public scrutiny as charter schools continue to expand aggressively across Texas. Under state law, charter schools are public schools — just owned and managed privately, unlike traditional school districts.

An analysis by Hearst Newspapers found cases in which charter schools collected valuable real estate at great cost to taxpayers but with a tenuous connection to student learning. In others, administrators own the school facilities and have collected millions from charging rent to the same schools they run.

In Houston, the superintendent and founder of Diversity, Roots and Wings Academy, or DRAW, owns or controls four facilities used by the school, allowing him to bill millions to schools he oversees. DRAW’s most recent financial report shows signed lease agreements to pay Fernando Donatti, the superintendent, and his companies more than $6.5 million through 2031.

In an email, superintendent Donetti at DRAW said the property transactions were ethical, in the best interest of DRAW’s students and properly reported to state regulators. He said his school was “lucky” he was able to purchase the property because of challenges charters can face finding proper facilities.

Also in the Houston area, at ComQuest Academy Charter High School, the superintendent and her husband also own the company to which the school pays rent.

And Accelerated Learning Academy, a charter school based in Houston, is still trying to get a tax exemption on one of the two condominiums it bought just over a decade ago in upscale neighborhoods in Houston and Dallas. The school claims it has used the condos for storage, despite a nearby 9,600 square foot facility.

The battles between school districts and charter networks have become increasingly pitched, as they are locked in a zero-sum battle for public dollars.

Last year in Houston, about 45,000 students transferred from the ISD to charter schools, resulting in a loss to the district of a minimum of $276 million. That figure includes only the basic allotment received by the districts, excluding special education funding or other allotments.

In San Antonio, the two largest school districts are Northside ISD and North East ISD. More than 12,000 Northside students transferred to charter schools in the 2021-2022 school year, as did just under 8,000 from North East ISD. That means Northside lost at least $75 million, while North East lost $50 million, using the same basic allotment figures.

Each side cries foul about the other’s perceived advantages: charters are able to operate with less government and public scrutiny, while school districts benefit from zoning boards and can lean on a local tax base for financing.

Georgina Perez, who served on the State Board of Education from 2017 until this year, noted arrangements such as these would never be permitted at traditional school districts.

“If it can’t be done in (school districts), they probably had a good reason to disallow it,” she said. “So why can it be done with privately managed charter franchises?”

Lawmaker: ‘Sunshine’ is best cure

The largest charter network in Texas was a catalyst for the increased public scrutiny of charter school spending.

IDEA Public Schools faces state investigation for its spending habits, including purchases of luxury boxes at San Antonio Spurs games, lavish travel expenditures for executives, the acquisition of a boutique hotel in Cameron County for more than $1 million, plans to buy a $15 million private jet and other allegations of irresponsible or improper use of funds. The allegations date back to 2015 and led to the departure of top executives — including CEO and founder Tom Torkelson, who received a $900,000 severance payment.

Over the years lawmakers have steadily tightened rules for charter governance. A 2013 bill included provisions to strengthen nepotism rules; a 2021 law outlawed large severance payments. That bill was sponsored by Rep. Terry Canales, a South Texas Democrat whose district has some of the highest rates of charter school enrollment in the state.

“There’s a lot of work to be done for the people of Texas when it comes to charter schools,” Canales said. “Sunshine is the best cure for corruption. And the reality is it seems to be sanctioned corruption in charter schools.”

Considering the increased scrutiny, “It’s a myth that charter schools today are unregulated,” said Joe Hoffer, a San Antonio attorney who works on behalf of many charter schools. “Every session, more and more laws get passed.” If anything, he said, charter schools often have to jump through more regulatory hoops than local schools.

Yet acquiring property remains a gray area.

Charter schools that can’t purchase their own property typically must lease it and pay taxes. A 2021 state law authored by Rep. Barbara Gervin-Hawkins, a San Antonio Democrat who operates a charter, made such arrangements tax-free. But the Texas Supreme Court later blocked parts of the law, and it has been applied differently by counties across the state.

It’s unusual for school districts to lease their facilities; typically they are publicly owned or constructed. Local school districts are governed by nonpartisan elected boards, and when the board decides to purchase real estate, it must notify the public of the contract and voters can petition the district to block it. If a project requires bonding or new taxes, it must be put on the ballot.

At charters, by comparison, the governing board is appointed, not elected, so it does not answer to local voters. The main public scrutiny comes later, when the information about the sale must be disclosed in annual required filings with the Texas Education Agency.

The state education agency has the authority to review charter real estate transactions and sometimes does. In Dallas, Golden Rule Charter School is under state investigation for a real estate deal and possible nepotism. The school declined to release details because the investigation is pending.

But such reviews are often cursory, if they happen at all.

When charters report a real estate transaction to the education agency, Hoffer said, they typically just receive a letter back saying it has been recorded, with a clause reminding the schools that state regulators have the authority to return for an audit or demand the deal be re-done.

Critics say it isn’t enough. “The problem that a lot of us have had with charters is that they are considered public schools and they are taxpayer-funded, but they don’t have taxpayer scrutiny,” said state Rep. Donna Howard, an Austin Democrat and former trustee at Eanes ISD. “It’s a real lack of accountability.”

Some deals benefit administrators

According to its website, Horizon Montessori Public School operates four campuses in the Rio Grande Valley, one on Sugar Cane Drive in Weslaco. Until recently, records show, the property and its two commercial buildings were owned by Superintendent Alim Ansari.

Hidalgo County appraisal records showAnsari also apparently lived in a 4,800-square-foot home at the back of the 2.85-acre parcel, a portion of which was granted a homestead limitation on its taxes.

In addition to serving as Ansari’s home, records from the Texas Education Agency show that between 2015 and 2020, the superintendent leased his Weslaco property to Horizon for classroom and office space, collecting $118,000 a year in rent during the period. In 2020, Ansari-the-landlord signed a new five-year contract with his school for the property, for $168,000 annually, according to education agency records.

A home can be seen on the same piece of property as the Horizon Montessori Public School on Sugarcane Drive in Weslaco on Thursday, Jan. 19, 2023. The home belonged to the superintendent of the public charter school who leased his Weslaco property to Horizon for classroom and office space, collecting $118,000 a year in rent from 2015-2020. State and local records show Ansari sold the campus and residence last June. The buyer was a nonprofit organization called South Texas Educational Technologies, which according to its tax records conducts business as Horizon Montessori. Ansari is its chairman. State and local records show the foundation purchased the property from Ansari for $1.9 million, or more than twice the $840,000 at which Hidalgo County appraised it. Records show the foundation used a private appraiser to value the parcel.
A home can be seen on the same piece of property as the Horizon Montessori Public School on Sugarcane Drive in Weslaco on Thursday, Jan. 19, 2023. The home belonged to the superintendent of the public charter school who leased his Weslaco property to Horizon for classroom and office space, collecting $118,000 a year in rent from 2015-2020. State and local records show Ansari sold the campus and residence last June. The buyer was a nonprofit organization called South Texas Educational Technologies, which according to its tax records conducts business as Horizon Montessori. Ansari is its chairman. State and local records show the foundation purchased the property from Ansari for $1.9 million, or more than twice the $840,000 at which Hidalgo County appraised it. Records show the foundation used a private appraiser to value the parcel.James Hord/Contributor

State and local records show Ansari sold the campus and residence last June. The buyer was a nonprofit organization called South Texas Educational Technologies, which conducts business as Horizon Montessori, according to its tax records. Ansari is its chairman. 

State and local records show Ansari’s foundation purchased the property from Ansari for $1.9 million — or more than twice the $840,000 at which Hidalgo County appraised it. The foundation used a private appraiser to value the parcel. 

Ansari did not respond to multiple phone and email messages. James Hayes, a CPA who sits on Horizon’s board and who also is paid $48,000 a year by the charter for accounting services, declined to comment.

Related-party arrangements are rare among modern charters, said Hoffer, the attorney who represents some of them. In some cases, he said, new schools might be forced to make such deals temporarily because they did not have the creditworthiness to borrow money to purchase facilities.

Pioneer Technology and Arts Academy, which has several campuses in the Dallas area, paid about $5 million in rent in the 2021 fiscal year to two companies, one a nonprofit and one a for-profit. Records show Superintendent Shubham Pandey has stakes in both.

Just under $3.5 million went to the nonprofit controlled by two board members of Pioneer, including Pandey. Another $1,296,418 went to Pandey’s for-profit business, PNC Partners, with more than $3 million total reported in the previous three years.

In an email, Pandey said that Pioneer’s goal all along was to transfer the school buildings from his for-profit ownership to a nonprofit. Three campuses were taken over by the nonprofit in 2019, while three others were transferred last year. Future campuses will be owned by the nonprofit, he said, and he no longer collects rent checks from the school.

But the nonprofit  did not exist when Pioneer was given its charter, and its initial application did not mention future plans to transfer assets to a nonprofit.

At ComQuest Academy Charter High School, the Houston-area charter, Superintendent Tanis Stanfield and her husband, Glenn, said they don’t earn a profit from the rent it pays their company, Peachwood Station LLC

Peachwood collected $91,000 in rent in 2021. Documents also say the company provided an additional $117,000-worth of rent for free. 

Tanis Stanfield said the couple followed the law and provided the needed space at a steep discount to the school she ran. “State charter funding for facilities was not available for the campus acquisition,” the superintendent wrote in an email.

School-owned condos?

In 2017, the Chronicle reported on Accelerated Learning Academy’s purchase of a 1,119-square-foot condo unit in the 22-story Cosmopolitan, a glassy high rise near Memorial Park, for $427,000. The school then bought a 1,340-square-foot condo in downtown Dallas’s Metropolitan Club the same year, appraisal records show. 

The school claimed both of the residential units were needed for storage space. The Dallas Appraisal District accepted that explanation, though the school already had a 9,600-square-foot, nearly empty campus in nearby Lancaster, and granted the condo a full property tax exemption. Records show Accelerated sold the condo in 2021.

The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.
The Cosmopolitan condominium building at 1600 Post Oak Blvd where Accelerated Learning Academy purchased a 1,119-square-foot condo unit, claiming they needed the space for storage, photographed Thursday, Jan. 19, 2023, in Houston.Jon Shapley/Staff photographer

Harris County appraisal officials have been more skeptical about the school’s use of the unit for educational purposes: “Personally, I cannot imagine that the state of Texas would allow the use of state funds to purchase this property,” the agency’s exemptions coordinator wrote in 2013, noting the Cosmopolitan’s deed restrictions prohibited condos from being used for businesses.

Accelerated has continued to seek a tax exemption. The appraisal district’s 2018 field inspection showed some plastic totes scattered throughout the unit.

“Very nice condo with granite and hardwoods,” the inspector noted. The exemption was again denied because the property did “not meet the tests prescribed by the tax code.” Records show Accelerated paid about $9,000 in property taxes on the unit last year.

Another example is the A.W. Brown Leadership Academy, which has two campuses in the Dallas area that serve about 1,000 students. Property records show it owns eight properties, several worth millions that have sat unused — even as taxpayer money has gone to repay the loans used to buy them.

Records show A.W. Brown’s real estate holdings include nearly 50,000 of commercial office space purchased with bonds in 2017. Appraised at more than $4 million, the property has been tax-free since 2018 and is vacant. Taxpayers pay for the bonds. A.W. Brown spokesman Charles Roberts said the school is still deciding how to use it.

The charter also owns a 3,400-square-foot house with an in-ground pool on 6 acres in Duncanville, identified as an office and valued at $630,000, plus 99 acres next to it, valued at more than $4 million by the appraisal district. Those were purchased more than a decade ago from professional basketball player Larry Demetric Johnson, records show.

The school has paid no taxes on either since 2014, according to appraisal records. In the fall of 2022, the school announced its plan to turn the more-than 100 acres of land into a community garden and farm for students “to learn more about agriculture and entrepreneurship,” said Roberts, the school spokesman. 

In response to questions from Hearst, Roberts said the charter would be starting “an internal audit of facility purchases.” He declined to comment further.

edward.mckinley@chron.com

eric.dexheimer@chron.com

The College Board released this letter last night. It seeks to demonstrate that it did not cave in to Florida’s demands. It does not explain why all of Florida’s targeted names and topics were deleted.

Our commitment to AP African American Studies, the scholars, and the field

COLLEGE BOARD COMMUNICATIONSFebruary 11, 2023

Our commitment to AP African American Studies is unwavering. This will be the most rigorous, cohesive immersion that high school students have ever had in this discipline. Many more students than ever before will go on to deepen their knowledge in African American Studies programs in college. 

Teachers and students piloting this course are everywhere voicing their enthusiasm for the discoveries they are making. They are thriving in the openness and respect of the classroom environments they have built.

There is always debate about the content of a new AP course. That is good and healthy; these courses matter. But the dialogue surrounding AP African American Studies has moved from healthy debate to misinformation. 

We are proud of this course. But we have made mistakes in the rollout that are being exploited.

We need to clear the air and set the record straight.

  1. We deeply regret not immediately denouncing the Florida Department of Education’s slander, magnified by the DeSantis administration’s subsequent comments, that African American Studies “lacks educational value.” Our failure to raise our voice betrayed Black scholars everywhere and those who have long toiled to build this remarkable field.
  2. We should have made clear that the framework is only the outline of the course, still to be populated by the scholarly articles, video lectures, and practice questions that we assemble and make available to all AP teachers in the summer for free and easy assignment to their students. This error triggered a conversation about erasing or eliminating Black thinkers. The vitriol aimed at these scholars is repulsive and must stop.

    Rather, scholars are essential to this course, and each AP teacher must select works by scholars to include in the syllabus they submit for AP course authorization, as they do in a range of other AP courses that require secondary sources in the syllabus. We are requesting copyright permission to include works on our AP Classroom digital platform by every author mentioned in any iteration of the framework, bringing these readings to students worldwide by enabling AP teachers to assign them with one click.
  3. We should have made clear that contemporary events like the Black Lives Matter movement, reparations, and mass incarceration were optional topics in the pilot course. Our lack of clarity allowed the narrative to arise that political forces had “downgraded” the role of these contemporary movements and debates in the AP class. The actual pilot course materials teachers used were completed on April 29, 2022—far prior to any pushback. In these pilot materials, teachers were told to pick only one such topic. This topic could be assigned after the exam since it didn’t count and would have no impact on the student’s AP score.

    The official framework is a significant improvement, rather than a watering down: three weeks are now dedicated to a research project of the student’s choice, which counts as 20% of the student’s AP Exam score for college credit. This model better aligns with the flexibility colleges themselves often provide students to do an extended paper on a topic of their choice. We encourage students to focus their projects on contemporary issues and debates to ensure their application of knowledge to the present.
  4. We have not succeeded in focusing the conversation on the remarkable work and flexibility of the pilot teachers in different states. The fact is that pilot teachers everywhere are introducing the core concepts of this discipline with skill and care. Sadly, in some states teachers have more room to maneuver than others. We recognize that in some states teachers and students will be able to draw more widely on Black Studies scholarship than in others. But we must resist the narrative that teachers in states with restrictions are not doing exceptional work with their students, introducing them to so much and preparing them for so much more.

    By filling the course with concrete examples of the foundational concepts in this discipline, we have given teachers the flexibility to teach the essential content without putting their livelihoods at risk. The committee will continue to evaluate this approach, making further changes to the framework if they decide to do so.
  5. While it has been claimed that the College Board was in frequent dialogue with Florida about the content of AP African American Studies, this is a false and politically motivated charge. Our exchanges with them are actually transactional emails about the filing of paperwork to request a pilot course code and our response to their request that the College Board explain why we believe the course is not in violation of Florida laws.

    We had no negotiations about the content of this course with Florida or any other state, nor did we receive any requests, suggestions, or feedback.

    We were naive not to announce Florida’s rejection of the course when FDOE first notified us on September 23, 2022, in a letter entitled “CB Letter AP Africain [sic] Studies.” This letter, like all written communications we received from Florida, contained no explanation of the rejection. Instead, Florida invited us to call them if we had any questions.

    We made those calls, as we would to any state that says they have unstated concerns about an AP course. These phone calls with FDOE were absent of substance, despite the audacious claims of influence FDOE is now making. In the discussion, they did not offer feedback but instead asked vague, uninformed questions like, “What does the word ‘intersectionality’ mean?” and “Does the course promote Black Panther thinking?” FDOE did not bring any African American Studies scholars or teachers to their call with us, despite the presence in their state of so many renowned experts in this discipline.

    Since FDOE did not make any requests or suggestions during the calls, we asked them if they could share specific concerns in writing. They said they had to check with their supervisors and get permission. They never sent us any feedback, but instead sent a second letter to us on January 12, 2023, as a PR stunt which repeated the same rejection but now with inflated rhetoric and posturing, saying the course lacked “educational value.”

    On the day after Florida sent us that second letter, the AP executive overseeing the process of developing this course—the only AP leader who participated in the telephone calls with FDOE—followed up with the College Board’s FDOE liaison to ask whether we should ever expect any actual feedback from Florida. This is the response:

    “I don’t think they [FDOE] intend to provide any notes. My guess is that [the FDOE staff member] shared his notes with leadership (as he told us he would) and they shut it down. He might have even been instructed not to share notes.”
    We have made the mistake of treating FDOE with the courtesy we always accord to an education agency, but they have instead exploited this courtesy for their political agenda. After each written or verbal exchange with them, as a matter of professional protocol, we politely thanked them for their feedback and contributions, although they had given none.

    In Florida’s effort to engineer a political win, they have claimed credit for the specific changes we made to the official framework. In their February 7, 2023, letter to us, which they leaked to the media within hours of sending, Florida expresses gratitude for the removal of 19 topics, none of which they ever asked us to remove, and most of which remain in the official framework.

    They also claimed that we removed terms like “systemic marginalization” and “intersectionality” at their behest. This is not true. The notion that we needed Florida to enlighten us that these terms are politicized in several states is ridiculous. We took a hard look at these terms because they often are misunderstood, misrepresented, and co-opted as political weapons. Instead we focused throughout the framework on providing concrete examples of these important concepts. Florida is attempting to claim a political victory by taking credit retroactively for changes we ourselves made but that they never suggested to us.

    FDOE’s most recent letter continues to deride the field of African American Studies by describing key topics as “historically fictional.” We have asked them what they meant by that accusation, and they have failed to answer. The College Board condemns this uninformed caricature of African American Studies and the harm it does to scholars and students.

This new AP course can be historic—what makes history are the lived experiences of millions of African Americans, and the long work of scholars who have built this field. We hope our future efforts will unmistakably and unequivocally honor their work.

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Jeff Bryant is a professional journalist who has written extensively about the failures of corporate-style school reform. This story recounts the experience of a family that accepted vouchers in Maine and learned that school choice meant that students abandon their civil rights protections when they enroll in a private school. Please open the link and read the complete article.

The harrowing story of a Maine family shows the potential perils families face when they transfer to privately run schools that are less subject to government oversight.

By Jeff Bryant

“I am the type of parent who always made sure my kids had the good teachers and always took the right classes,” said Esther Kempthorne in an interview with Our Schools. So, in 2014, when she moved with her husband and two daughters to their new home in Washington County, Maine, in a bucolic corner of the state, near the Canadian border, she made it a top priority to find a school that would be the right educational fit for their children.

“We settled in Washington County hoping to give our children the experience of attending one high school, making lasting friendships, and finally putting down some roots,” said Esther’s husband, Nathan, whose career in the military had sent the Kempthorne family traveling the world, changing schools more than 20 times in 17 years. “Both of our children were born on military bases while I was on active duty with the U.S. Navy and the U.S. Air Force,” said Nathan, whose role in military intelligence often meant that he was deployed to high-risk assignments in war zones.

“We said that when we got to Maine, we weren’t going to keep bouncing from school to school,” said Esther.

But after some firsthand experience with the education programs provided by the local public schools, the Kempthornes decided to investigate other options the state offers. One of those options was the state’s provision that allows parents who live in a district that doesn’t have a school matching their child’s grade level the choice to leave the public system and transfer their children to private schools, with the “home” public school district picking up the cost of tuition and transportation, subject to state allowance.

Because the rural district the Kempthornes lived in did not have a high school, they took advantage of that option to enroll their daughters—at taxpayer expense—in Washington Academy, an elite private school founded in 1792 that offersa college track curriculum and access to classes taught by faculty members from a nearby university.

Their decision to leave the public school system for Washington Academy seemed all the better when Esther, a naturalized U.S. citizen born in Mexico, got a full-time job teaching Spanish at the school.

Thinking back on how the Kempthorne family negotiated the school choice landscape in Maine, Nathan recalled, “I thought we were finally going to be okay.”

But the Kempthornes weren’t okay. Far from it, in 2021, the Kempthornes found themselves in the front seat of their car while they were traveling in another state, using Nathan’s iPhone to call in via Zoom and provide testimony to a Maine legislative committee on why Washington Academy, and other schools like it, pose significant threats to families like theirs and how the state needs to more heavily regulate privately operated schools that get taxpayer funding.

Fighting through tears, they spoke of “racism” and “bullying” at Washington Academy and the school administration’s unwillingness to acknowledge and address the school’s culture.

In his written testimony, Nathan wrote of “a disturbing pattern of systemic racism and institutionalized oppression, harassment, and bullying behavior based on race, ethnicity, country of origin, gender, and sexual orientation that has occurred for years at [Washington Academy].”

In her letter of resignation from the school, presented to the committee, Esther wrote of a school environment where she and her daughters, who identify as Hispanic, experienced “racist, anti-immigrant sentiments.” She wrote, “As the racist anti-immigrant rhetoric became more mainstream, we had to teach our daughters how to defend themselves without our intervention, and they did. However, such self-defense has been exhausting and stressful for my children, and it should not be their responsibility to constantly deflect harassment; rather they should be guaranteed a safe educational environment by school leaders.”

Although their daughters eventually graduated from Washington Academy and went on to college, the family became totally uprooted because of their experience at the school. Nine years after building their dream home in rural Maine, they now find themselves living in an apartment in New York City, embroiled in a years-long battle with Washington Academy and Maine officials, which has absorbed countless hours of their time and thousands of dollars of their life savings.

Esther has been unable to reenter the classroom as a full-time teacher due to the lingering effects of the traumatic experiences she had from teaching at Washington Academy, and both parents and daughters speak of long-term adverse mental health effects stemming from the years they spent at the school.

“We sold everything,” Nathan said in his spoken testimony to the committee. “We lost everything in your state and we left for our safety. Our children are completely traumatized. They lost all their friends.”

The Kempthornes’ story about the consequences of leaving the public education system for a private school is a cautionary tale about what can happen when a system designed to provide parents with taxpayer-supported private school options fails to consider the potential risks when students and parents transfer to these schools that are less subject to government oversight.

Their story is even more significant given the current trend across the country where states have increasingly been adopting charter schools, voucher programs, education savings accounts, “backpack funding,” and other so-called school choice options that use taxpayer money to fund alternatives to the public system.

These options are favored by politicians on the right and left, and, at least one state, Arizona, has a voucher program called the Empowerment Scholarship Account Program, which every student in the state is eligible to tap.

This rapid expansion of school choice options is taking place even though there is ample anecdotal evidence and a growing body of research showing that parents in a school choice marketplace often make questionable choices they sometimes come to regret.

As the Kempthornes came to learn, private education providers that are not governed within the public domain pose legal problems that parents often either don’t know about or don’t understand, and local and state government officials often either have no authority to intercede on parents’ behalf or are reluctant to assert what little authority they do have.

The Kempthorne family’s saga, which is still enduring, is a sharp counterpoint to advocates who promote school choice as a simplistic solution for families without acknowledging that transferring taxpayer-funded education services from the public to the private realm will actually complicate parents’ and students’ lives.

Bryant goes in to describe a school culture that was implicitly racist and unwilling to act in complaints of racism.

Washington Academy is one of several Maine “town academies” that benefit from what’s known as “town tuitioning,” in which private schools receive public funding from districts that “tuition out” students to the schools rather than paying to educate them in their “home” district. These Maine academies had from 80.4 to 99.3 percent of their student enrollments funded with public dollars in the fiscal year 2020-2021. Most of them also obtain additional income by operating expensive residential programs that enroll students, often from countries outside the U.S.

The practice of using town tuitioning programs as alternatives to providing public schools started in Vermont, according to Education Week, but has since spread to New Hampshire, Massachusetts, and Connecticut, as well as Maine.

Supporters of these programs call them a “model of educational choice,” according to Education Week, and although supporters of vouchers haven’t always held up town academies as their ideal, they’ve more recently been describing them as the “oldest school choice program in the nation” and calling for expanding them so that all students are eligible to attend the town academies.

But the rationale for having town academies and funding them with public money seems to no longer hold, if it ever did.

‘A Common Myth’

“A common myth is that town academies in New England exist in rural areas which have a scarcity of public schools due to the relatively low population density of families with school-aged children and a lack of funding to support district schools,” according to Bruce Baker, an education professor at the University of Miami in Florida. “But that’s not the reality.”

According to Baker, many of these schools started in the early 1800s, or earlier, as private secondary schools for their communities prior to the existence of public high schools “and in many cases,” prior to the creation of the nation’s system of public common schools. “Some, like Burr and Burton Academy in Manchester, Vermont, were originally funded by local businessmen,” he noted.

Given that origin, town academies that are in operation today are “holdovers,” according to Baker, “of what were once proxy public schools that never converted to district public schools,” although a few have, such as Bellows Free Academy in St. Albans, Vermont, which converted from private to public in 2008.

Contrary to the town academy narrative, some of the schools are in communities that have sufficient populations to educate school-aged children. For instance, New Bedford Academy in New Bedford, Massachusetts, is located in a city with a population exceeding 100,000, according to the 2021 U.S. census. Norwich Free Academy is located in Norwich, Connecticut, a community with a population of more than 40,000.

Also, the notion that town academies are needed in Maine because public schools are few and far between seems hardly the case. “The distances between publicly funded town academies and competing public high schools in Maine is often negligible,” Nathan Kempthorne wrote in an email, pointing out that the distance between Washington Academy and Machias Memorial High School in Machias is only 4.2 miles, and John Bapst Memorial High School, a town academy in Bangor, is only 2.5 miles from Bangor High School and 2.1 miles from Brewer High School.

Public schools in rural communities are quite commonplace. “More than 9.3 million—or nearly one in five students in the U.S.—attend a rural school,” according to a 2019 reportby the Rural School and Community Trust. “This means that more students in the U.S. attend rural schools than in the nation’s 85 largest school districts combined.”

Whereas rural public schools are subject to the same government oversight that all public schools are subject to, that oversight does not extend to private schools, even when they get a substantial portion of their funding from the public.

“In private schools, students end up losing basic constitutional rights and essentially don’t have due process rights,” Todd DeMitchell told Our Schools. DeMitchell is a professor emeritus at the University of New Hampshire at Manchester who studies laws governing school policies and the impact of court cases on these policies.

According to him, if the Kempthornes had their children enrolled in public schools they would have had access to certain rights protected by the U.S. Constitution, including Title 6, which addresses race, and Title 9, which addresses discrimination on the basis of sex. Washington Academy, being a private school, is exempt from these protections.

DeMitchell pointed to a 1987 decision by a federal courtthat ruled a private academy in New Hampshire had the right to fire a teacher who, contrary to school policy, grew a beard, because the school argued successfully that it was “not a state actor,” according to DeMitchell. That ruling’s logic has been extended to a potential 2023 U.S. Supreme Court case in which a North Carolina charter school is arguing that it has the right to require girl students to wear skirts at school because it also is not a state actor. (Charter schools are also privately operated schools that are funded almost exclusively with public money.)

Along with their problematic funding rationale, town academies also have issues with being truly diverse and inclusive schools. For instance, they’ve “long struggled” to serve students with disabilities, according to Baker. And the student populations of these town academies tend to be more white and affluent than their surrounding communities, with any purported claims of student diversity being largely due to their enrollments of international students in residential programs.

Please open the link to read this important article.

Jeff Bryant is a writing fellow and chief correspondent for Our Schools. He is a communications consultant, freelance writer, advocacy journalist, and director of the Education Opportunity Network, a strategy and messaging center for progressive education policy. His award-winning commentary and reporting routinely appear in prominent online news outlets, and he speaks frequently at national events about public education policy. Follow him on Twitter @jeffbcdm.

Steve Hinnefeld reports on a recent Gallup Poll that shows high patent satisfaction with public schools. Parents are not seeking “choice,” yet the legislature keeps enhancing legislation to create more school choice.

He reports:

  • Indiana parents are happy with their children’s schools. A remarkable 88% said they were satisfied with the quality of their child’s school. Figures were even higher for some groups: 90% for parents of elementary children and 96% in rural areas and small towns.
  • Parents know what schools are teaching and support it: 81% say they know what their children are learning in school, and 78% say they agree with it.
  • Those who disagree with what schools are teaching are a tiny minority of parents. Only 7% don’t approve of what the schools teach, and two-thirds of those admit they don’t know what that is. In other words, “I don’t know what they’re teaching but, whatever it is, I don’t like it.”

Yet a tiny and uninformed minority – much of it unconnected to schools — seems to have the ear of Republicans, who keep pushing legislation to restrict what schools can teach about race, gender, sexuality and other made-up controversies. They’ve also promoted “curriculum transparency” bills, apparently in the idea that schools are keeping parents in the dark.

This report was released about a major court decision in Pennsylvania that will affect millions of children:

For immediate release: Feb. 7, 2023
Contact: Jonathan McJunkin, Public Interest Law Center, 570-337-1969, jmcjunkin@pubintlaw.org;                        Paul Socolar, Education Law Center-PA, 215-372-1650, psocolar@elc-pa.org

A Historic Victory for Petitioners in School Funding Lawsuit

Today, Commonwealth Court Judge Renée Cohn Jubelirer ruled that Pennsylvania’s school funding system is unconstitutional and must be reformed.

In a 786-page decision, the court found that “All witnesses agree that every child can learn. It is now the obligation of the Legislature, Executive Branch, and educators, to make the constitutional promise a reality in this Commonwealth.”

The court order calls for the “respondents, comprised of the Executive and Legislative branches of government and administrative agencies with expertise in the field of education, the first opportunity, in conjunction with Petitioners, to devise a plan to address the constitutional deficiencies identified herein.”

The court rebuffed respondents’ argument that the current system is adequate, saying “In the 21st century, students need more than a desk, chair, pen, paper, and textbooks.”

The Education Law Center and Public Interest Law Center issued the following joint statement earlier today:

“Today’s decision declaring Pennsylvania’s school funding system unconstitutional is a historic victory for Pennsylvania’s public school children. It will change the future for millions of families, so that children are no longer denied the education they deserve. The court recognized that our schools require adequate funding to meet our constitution’s mandate. It’s time for our state legislature to fund public schools in every corner of Pennsylvania so all students, whether or not they live in a wealthy community, can receive the quality public education guaranteed in our state constitution.”

“The court’s decision recognizes what we showed during trial: Every year, hundreds of thousands of children in public schools in lower-wealth communities across Pennsylvania are being denied the basic resources needed for a quality education because the state is not adequately or equitably funding our schools,” said ELC legal director Maura McInerney. “The court’s order directs the state to change the way it funds our public schools from the current two-tiered system divided by local wealth to one that provides sufficient resources for all children.”

“This is a huge victory. Educators know that every child can learn, and they know the kinds of support that their students need to reach their potential,” said Dan Urevick-Ackelsberg, senior attorney at the Public Interest Law Center. “Our clients and others in low-wealth districts in Pennsylvania also know that for too long, they have had to triage their students’ needs, leaving some students behind because of the state’s failure to provide adequate funding for public education. Today’s decision makes it clear that this inequitable status quo cannot continue, and that every child in Pennsylvania has a fundamental right to receive a comprehensive, effective, and contemporary public education.”

“Education is the great equalizer — the key that opens the door to life-changing opportunities and world-changing ideas,” said Katrina Robson, partner at O’Melveny & Myers LLP. “No child should be left with their hand up, begging for but denied that opportunity. We are gratified by the judge’s ruling, which will help ensure that all children in Pennsylvania have equitable access to quality education. And we are proud of the legal team that worked tirelessly—for years—to help achieve this critically important result.”

Here is the language of the court order:

1. The Education Clause, article III, section 14 of the Pennsylvania Constitution, requires that every student receive a meaningful opportunity to succeed academically, socially, and civically, which requires that all students have access to a comprehensive, effective, and contemporary system of public education;

2. Respondents have not fulfilled their obligations to all children under the Education Clause in violation of the rights of Petitioners;

3. Education is a fundamental right guaranteed by the Pennsylvania Constitution to all school-age children residing in the Commonwealth;

4. Article III, section 32 of the Pennsylvania Constitution imposes upon Respondents an obligation to provide a system of public education that does not discriminate against students based on the level of income and value of taxable property in their school districts;

5. Students who reside in school districts with low property values and incomes are deprived of the same opportunities and resources as students who reside in school districts with high property values and incomes;

6. The disparity among school districts with high property values and incomes and school districts with low property values and incomes is not justified by any compelling government interest nor is it rationally related to any legitimate government objective; and

7. As a result of these disparities, Petitioners and students attending low-wealth districts are being deprived of equal protection of law.

The case William Penn School District et al. v. Pennsylvania Department of Education et al. was filed in 2014 by six Pennsylvania school districts (William Penn, Greater Johnstown, Lancaster, Panther Valley, Shenandoah Valley, and Wilkes-Barre Area), the Pennsylvania Association of Rural and Small Schools, the NAACP-PA State Conference, and a group of public school parents. They filed suit in Pennsylvania Commonwealth Court against state legislative leaders, state education officials, and the governor for failing to uphold the General Assembly’s constitutional obligation to provide a “thorough and efficient” system of public education. Petitioners also assert that the massive inequality this system fuels between poor and wealthy school districts discriminates against students in low-wealth communities, violating their right to equal protection in the state Constitution.

The school districts and other petitioners in the case are represented by the Education Law Center – PA, the Public Interest Law Center, and O’Melveny. During a four-month trial before Judge Cohn Jubelirer that concluded in March, witnesses explained in detail the deficiencies of the current system and the extreme, egregious disparities between school districts in Pennsylvania.

For more on the case, William Penn School District et al. v. PA Dept. of Education et al., visit FundOurSchoolsPA.org, a joint online project of the Education Law Center-PA and the Public Interest Law Center.

 

The Public Interest Law Center uses high-impact legal strategies to advance the civil, social, and economic rights of communities in the Philadelphia region facing discrimination, inequality, and poverty. We use litigation, community education, advocacy, and organizing to secure their access to fundamental resources and services in the areas of public education, housing, health care, employment, environmental justice and voting. For more information, visit www.pubintlaw.org or follow on Twitter @PubIntLawCtr.

The Education Law Center-PA (ELC) is a nonprofit, legal advocacy organization with offices in Philadelphia and Pittsburgh, dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, community engagement, and policy advocacy, ELC advances the rights of underserved children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English learners, LGBTQ students, and children experiencing homelessness. For more information, visit elc-pa.org or @edlawcenterpa on Twitter.

 

 

Jonathan McJunkin

Communications Manager (he/his)

1500 JFK Boulevard, Suite 802

Philadelphia, PA 19102

P: 267.546.1305

jmcjunkin@pubintlaw.org

www.pubintlaw.org

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Andy Beshear was elected Governor of Kentucky in 2019 against Matt Bevin, a hard-right Republican who supported charters and vouchers and fought to reorganize teachers’ pension fund. Beshear, who was State Attorney General, successfully blocked Bevin’s efforts to harm teachers’ pensions.

Andy Beshear is the son of a Kentucky Governor, Steve Beshear (Governor from 2007-2015), and a graduate of Henry Clay High School in Lexington. Andy ran on a program championing public schools. He chose a teacher, Jacqueline Coleman, as his running mate.

Beshear narrowly beat Bevin, and he and Coleman are the only elected Democrats at the state level (remember, Mitch McConnell and Rand Paul are Kentucky’s Senators).

He is running for re-election this year. He leads the polls over all his GOP competitors. His favorability rating is about 60%.

Last year, the legislature passed a bill to authorize charter schools. Governor Beshear vetoed it.

Please listen to his message when he vetoed it.

This is how Democrats win election. By speaking to the 85-90% of people whose children are in public schools and to the 90% who graduated public schools. They want better schools. They like their schools and their teachers. Andy Beshear knows it.