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Tom Ultican Reports on the Highlights of the #NPE2022 Conference in Philly

By dianeravitch
May 13, 2022 //
1

Tom Ultican, retired teacher of advanced mathematics and physics in California, is now a significant chronicler of the Destroy Public Education movement. He attended the recent national conference of the Network for Public Education in Philadelphia and recapitulates the excitement we shared at being in person after a 2-year hiatus.

After every conference, attendees say, “This was the best one yet.” They enjoy meeting people who are doing the same work to fight privatization of their public schools. By the end of the conference, attendees say they feel energized, hopeful, and happy to know that they are not alone.

I urge you to read Tom’s post. You will get a sense of the embarrassment of riches available to attendees.

I should add that the Nebraska Save Our Schools group shared the Phyllis Bush Award for Grassroots Activism. Nebraska is one of the few states that has managed to protect its public schools and keep out both charters and vouchers, despite being a Red State.

The Pastors for Texas Children, a co-winner of the award, has repeatedly blocked vouchers in the Texas Legislature and has consistently fought for funding for public schools. PTC has opened chapters in other Red states, where they mobilize clergy to support public schools.

A high point for me was interviewing “Little Stevie” Van Zandt, a legendary rock star and actor (“The Sopranos”), who is dedicated to getting the arts into schools, not as an extra, but across the curriculum. we had a wonderful conversation. He has funded lesson plans based on rock and roll, available free at his website TeachRock.

All of the general sessions were taped. I will post them when they become available.

Categories Charter Schools, Civil Rights, Closing schools, Community Schools, Corporate Reformers, Corruption, Courage, Creativity, Dark Money, Democracy, Detroit, Disruption, Education Industry, Education Reform, Equity, For-Profit, Hope, Innovation, Network for Public Education, Networkfor Public Education Action Fund, Nevada, Philadelphia, Privatization, Racism, Resistance, Standardized Testing, Supporting public schools, Teachers

The Plaintiff in Landmark Gay Marriage Decision Says He is Terrified

By dianeravitch
May 8, 2022 //
52

Judge Samuel Alito went out of his way to say that the decision to overturn Roe v. Wade would not affect other decisions, like contraception and gay marriage. But in the same decision, he asserted that the Constitution contains no “right to privacy,” on which these cases were built.

The Miami Herald interviews Jim Obergefell, the lead plaintiff in the gay marriage, who expressed his fear that the Court meant to strike down all rights based on the right to privacy.

In his draft decision overturning Roe v. Wade, Supreme Court Justice Samuel Alito tries to limit the blast radius of his ruling by writing that abortion is fundamentally different from other privacy matters — like contraception and marriage equality — that have historically challenged the court. “The abortion right,” Alito writes, is “critically different from any other right that this Court has held fall within the Fourteenth Amendment’s protection of ‘liberty.’” Overturning one, he says, would not necessarily undermine the others. Jim Obergefell doesn’t believe him.

The plaintiff in the landmark 2015 case before the Supreme Court that established same-sex marriage as a constitutional right now says he is tired, disheartened and terrified of what may come after reading Alito’s sweeping rationale in the draft decision published Monday by Politico. “I’ve been asked if I believe what he says in that decision — that this is specific to a woman’s right to an abortion, and really should not be used on marriage equality,” Obergefell told McClatchy in an interview. “I don’t believe that whatsoever, because so many of the things he says in that decision open the door to using those arguments against marriage equality. And where does it stop?”

“I’m terrified. I really can’t put it any more simply than that. I am terrified,” he continued. “Marriage equality, while we had it for seven years, clearly will not pass his definition of tradition or history.”

Obergefell v. Hodges was a landmark civil rights case that culminated after years of litigation in a 5-4 decision at the high court, requiring all 50 states and U.S. territories to perform and recognize same-sex marriages the same as opposite-sex marriages.

Alito dissented from that decision, and in a speech to the Federalist Society in 2020 criticized it once again. “You can’t say marriage is a union between one man and one woman,” he told the conservative organization. “Until very recently, that’s what the vast majority of Americans thought. Now it’s considered bigotry.”

At that time, Alito found himself in the minority. But the retirement of Justice Anthony Kennedy — who wrote the Obergefell decision and several other key gay rights decisions that preceded it — provided then-President Donald Trump with an opening to nominate a conservative replacement.

Trump chose Brett Kavanaugh, who currently supports the decision to overturn Roe that Obergefell now fears.

“All I have to say is, they said in their confirmation hearings that they considered Roe v. Wade settled law,” Obergefell said. “Clearly they were misleading the Senate — not being truthful — so regardless of what they said during their confirmation hearings about marriage equality.”

“Losing Justice Kennedy was a loss to the LGBTQ+ community because he was so instrumental in decisions bringing us forward as a nation and toward a more perfect union,” he added. Gay rights organizations told McClatchy they have been preparing for a decision ending Roe v. Wade for months, but were nevertheless stunned by the sheer sweep of Alito’s written opinion.

Top officials and attorneys at the Human Rights Campaign held an emergency huddle on Monday night when the leaked draft published, and both HRC and GLAAD leaders are working to mobilize support for protests around the country with pro-choice groups. “The fact that Alito in this decision takes the track that, if these fundamental rights that we enjoy in our nation are not specifically enumerated in our constitution, then they’re questionable and should only be based on our nation’s history and traditions – to me that is one of the scariest things to hear a Supreme Court justice say,” Obergefell said.

“The history and tradition in North America, in the land now known as the United States of America, was for white people to own black people. There’s a longer tradition there than there is of freedom,” he added. “So it’s just a terrifying thing.”

Read more at: https://www.miamiherald.com/article261132807.html#storylink=cpy

Categories Bigotry, Civil Rights, Democracy, Disruption, Equity

David R. Taylor: “Anti-Abortion” Is Not “Pro-Life”

By dianeravitch
May 4, 2022 //
2

Retired Texas educator David R. Taylor reminds his readers that to be anti-abortion is not the same thing as being pro-life.

Those who are actually pro-life treasure each child after they are born by making sure they have good nutrition, good healthcare, good public schools, and a secure home.

In Texas, the anti-abortion forces lose interest in children as soon as they are born.

The Governor, Greg Abbott, the Lt. Gov. Dan Patrick and the two senators demonstrated after the Uvalde massacre of School children that they were sorry as could be, offered lots of thoughts and prayers to bereaved families, but would do nothing whatever to restrict the sale or possession of military-grade weapons to civilians. The 18-year-old killer in Uvalde bought two AR15s on his 18th birthday. The AR15 is not for hunting. It’s for killing. Anyone who enables killers to have easy access to military-style weapons is not pro-life. They are pro-death.

Categories Childhood, Early Childhood Education, Equity, Health, Justice, Love

Jennifer Abruzzo Asks NLRB Board to Ban “Captive Audience” Meetings in Workplace

By dianeravitch
May 2, 2022 //
10

Harold Meyerson writes here about Jennifer Abruzzo’s request to the National Labor Relations Board to ban “captive audience” meetings, in which employers lecture their employees about the dangers of joining a union. Abruzzo is the recently appointed general counsel of the agency, where she has worked for many years. She is in a hurry to restore the original purpose of the NLRB, which was to create a level field for employers and employees.

Meyerson writes in The American Prospect:

By now, it’s clear that Jennifer Abruzzo, the general counsel at the National Labor Relations Board, is both an originalist and an adherent to the belief that the National Labor Relations Act is a law whose interpretations must have some relation to current realities.

One of those realities is that a succession of Board and court rulings over many decades has eroded the act itself, and with it, the very worker rights the act was written to ensure. One of those erosions is the “captive audience” meeting, which employees are compelled to attend, at which their managers subject them to arguments against their going union. The very fact that attendance is compulsory underscores the imbalance of power between boss and worker, such that the meetings constitute an implicit—and sometimes explicit—threat to the workers. The authors of the NLRA meant to give workers the right to freely choose whether to unionize. Compelling workers to attend these meetings (and forbidding union advocates from holding even voluntary meetings at the worksite), Abruzzo argues, erodes that right of free choice.

In a memo she sent to NLRB staff today, Abruzzo announced she would ask the Board to ban such captive audience meetings for violating both the letter and spirit of the NLRA. The act, she wrote, “protects employees’ right to listen as well as their right to refrain from listening to employer speech concerning the exercise of their Section 7 rights”—that is, their rights to freely choose whether or not to unionize and to have a voice on the job. “Forcing employees to listen to such employer speech under threat of discipline—directly leveraging the employees’ dependence on their jobs—plainly chills employees’ protected right to refrain from listening to this speech,” she asserted.

Today’s memo is of a piece with Abruzzo’s previous memos, all of which seek to restore the NLRA to what its authors intended: an act enabling workers to freely choose whether to organize and, if they do so choose, to bargain collectively. As I’ve reported in my profile of Abruzzo, which appears in our April print issue, she has emerged as the most potent champion of worker rights that the government has seen in a great many years, and as such, by happy coincidence, as the most potent ally of the generation of workers we’ve seen unionizing on campuses, at Starbucks, and now, at an Amazon warehouse.

Abruzzo writes lots of these potentially very impactful memos. I’ll try to keep you posted on them as she turns them out.

Categories Economy, Equity, Unions

NPE Letter about Regulating Federal Charter Funds Signed by 101 Organizations

By dianeravitch
April 26, 2022 //
6

Please read the letter from the Network for Public Education to the U.S. Department of Zeducation, supporting its proposed regulations for federal funding of charter schools.

The letter was signed by 96 organizations.

On behalf of the undersigned organizations, we submit the following response to the Department of Education’s request for comments related to the proposed priorities, requirements, definitions, and selection criteria of the Charter Schools Program (CSP). We commend the Department for proposing thoughtful and well-reasoned regulations that will end funding to start or expand charter schools managed in whole or substantially by for-profit organizations, provide greater supervision to the program, ensure that the charter school does not increase segregation and via impact analysis, demonstrate that the charter school is truly needed.

The Charter Schools Program (CSP) is a statutorily established grant program that began in 1994 with the purpose of expanding high-quality charter schools when charter schools were experimental and intended to supplement, not supplant, public schools. Since its modest beginnings, the program has expanded as has the charter school sector. The CSP has been responsible, in great part, for the expansion of the charter sector and therefore indirectly responsible for problems in the charter sector that include the frequent closures of charter schools, the drain on public school funding, and the fraud and mismanagement that is frequently reported in the press. We believe that your proposed regulations are a good first step in addressing those problems.

We the undersigned further believe that all charter schools, like public schools, must provide their students with a free education that guards students’ civil rights, provides a rich educational opportunity and protects their health and safety. Further, we believe that any school that is financed by the public must ensure that tax dollars are judiciously spent in compliance with the law. That means we support compliance with open meetings and public records laws; prohibitions against profiteering as enforced by conflict of interest, financial disclosure, and auditing requirements. We believe that all students deserve to be taught by teachers who have met state certification requirements in a classroom where they have an opportunity to engage with their teacher and their peers. We do not support virtual charter schools which are ineffective in meeting the academic and socio-emotional needs of students.

Eliminating CSP Funding to Charter Schools Managed by For-profit Corporations

We strongly support the proposed regulations to ensure that charter schools operated by for-profit corporations do not receive CSP grants.

The federal definition of a public school under IDEA and ESEA is “a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.” 20 U. S.C. §§ 1401(6) (IDEA), 7801(18) (ESEA) Similarly, the statutes define a “secondary school” as “a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law․” 20 U.S.C. §§ 1401(27) (IDEA), 7801(38) (ESEA).

Former for-profit entities have created non-profit facades that allow the for-profit and its related organizations to run and profit from the charter school, following the judgment of the Ninth Circuit Court of Appeals in Arizona State Bd. For Charter Schools v. U.S. Dept. of Educ. in 2006 (464 F.3d 1003).[i]

Ineffective provisions undermine the present regulations against the disbursement of funds from the federal Charter Schools Program (CSP) to charter schools operated by for-profit entities. We identified over 440 charter schools operated for profit that received grants totaling approximately $158 million between 2006 and 2017, including CSP grants to schools managed with for-profit sweeps contracts.[ii]

The relationship between a for-profit charter school management organization, commonly referred to as an EMO, is quite different from the relationship between a vendor who provides a single service. A school can sever a bus contract and still have a building, desks, curriculum, and teachers. However, in cases where charter schools have attempted to fire the for-profit operator, they find it impossible to do without destroying the schools in the process.

Many for-profit organizations operate by steering business to their for-profit-related entities. They are often located at the same address, and the owner of the management company or a member of the immediate family is the owner of the related entity. Therefore, it is recommended that wherever references to for-profit organizations appear, the phrase “and its related entities” is added.

Recommendations:

(a)   Each charter school receiving CSP funding must provide an assurance that it has not and will not enter into a contract with a for-profit management organization, including a non-profit management organization operated by or on behalf of a for-profit entity, under which the management organization and its related entities exercise(s) full or substantial administrative control over the charter school and, thereby, the CSP project.

Quality Control of Awards and the Importance of Meeting Community Need via Impact Analysis

We strongly support the proposed regulations that seek to bring greater transparency and better judgment to the process of awarding CSP grants. We especially support the inclusion of a community impact analysis.

We are pleased that “the community impact analysis must describe how the plan for the proposed charter school take into account the student demographics of the schools from which students are, or would be, drawn to attend the charter school,” and provide “evidence that demonstrates that the number of charter schools proposed to be opened, replicated, or expanded under the grant does not exceed the number of public schools needed to accommodate the demand in the community.”

More than one in four charter schools close by the end of year five.[iii] A foremost reason for both public school and charter closure and the disruption such closures bring to the lives of children is low enrollment, as seen this past month in Oakland.[iv] In New Orleans, school closures have resulted in children being forced to attend multiple schools during their elementary school years, often traveling long distances. Between 1999 and 2017, nearly one million children were displaced due to the closure of their schools, yet only nine states have significant caps to regulate charter growth.[v]

We applaud language that states, “The community impact analysis must also describe the steps the charter school has taken or will take to ensure that the proposed charter school would not hamper, delay, or in any manner negatively affect any desegregation efforts in the public school districts from which students are, or would be, drawn or in which the charter school is or would be located, including efforts to comply with a court order, statutory obligation, or voluntary efforts to create and maintain desegregated public schools…”

In some states, charter schools have been magnets for white flight from integrated schools.[vi] Other charter schools have attracted high achieving students while discouraging students with special needs from attending.[vii] And, as you know from the letter you received in June of 2021 from 67 public education advocacy and civil rights groups, the North Carolina SE CSP sub-grants were awarded to charter schools that actively exacerbated segregation, serving in some cases, as white flight academies[viii] The information requested by the Department is reasonable and will help reviewers make sound decisions.

In addition to our support for the proposed regulations, we have two additional recommendations to strengthen the impact analysis proposal.

Recommendations: (1) That impact analysis requirements include a profile of the students with disabilities and English Language Learners in the community along with an assurance that the applicant will provide the full range of services that meet the needs of students with disabilities and English Language Learners. (2) That applicants include a signed affidavit provided by district or state education department officials attesting to the accuracy of the information provided.

Regarding proposed rules regarding transparency, we note that in the past, schools were awarded grants without providing even one letter of support[ix], or provided false information indicating support that did not exist.[x]

We also strongly support the requirement state entities provide additional supervision of grants. The Department should require a forensic audit for any charter school applying for CSP consideration. Furthermore, any charter school that does not operate as a classroom-based entity or is operated by a for-profit entity should be barred from being awarded grant money under the CSP. We also believe these requirements can be strengthened by requiring review teams to include at least one reviewer representative from the district public school community and that applications be posted and easily accessible for the public to review and comment upon for a period of no less than 60 days before awarding decisions.

L

Proposed Selection Criterion for CMO Grants

ESSA places the following restriction on grants awarded to State Entities: No State entity may receive a grant under this section for use in a State in which a State entity is currently using a grant received under this section. However, ESSA is silent regarding the awarding of grants to CMOs. This has resulted in CMOs having several active grants at the same time, with new grants being issued without proper inspection of the efficacy of former grants. For example, it has resulted in the IDEA charter CMO receiving six grants in a ten-year period totaling nearly $300 million.[xi] These grants occurred under a leadership structure that engaged in questionable practices, including the attempted yearly lease of a private jet,[xii] related-party transactions, and the rental of a luxury box at San Antonio Spurs games.[xiii]

IDEA received two awards, in 2019 and 2020, totaling more than $188 million even as the 2019 audit of the Inspector General found that IDEA submitted incomplete and inaccurate reports on three prior grants. The IG report also looked at a randomly selected sample of expenses and found that IDEA’s charges to the grants did not always include only allowable and adequately documented non-personnel expenses.

Recommendations:

That department regulations disallow the awarding of grants to any CMO currently using a grant received under the CMO program and that for any grant exceeding $25 million, the Department’s OIG conducts an audit before an additional grant is awarded.

We thank you for the time and thought that went into the proposed regulations.

[i] Arizona State Board for Charter Schools v. Department of Education. No. 05-17349 (9th Cir. 2006)

[ii] Burris, Carol and Darcie Cimarusti. (n.d.) Chartered for Profit: The Hidden World of Charter Schools Operated for Financial Gain. Network for Public Education. Retrieved on March 23, 2022 from   https://networkforpubliceducation.org/chartered-for-profit/

[iii] Burris, Carol and Pfleger, Ryan. (n.d.) Broken Promises: An Analysis of Charter School Closures from 1999-2017. Network for Public Education. Retrieved on March 23, 2022, from https://networkforpubliceducation.org/wp-content/uploads/2020/08/Broken-Promises-PDF.pdf

[iv] McBride, Ashley. (2022, February 9). “Oakland school board votes to close seven schools over the next two years.” The Oaklandside. Retrieved March 23, 2022, from https://oaklandside.org/2022/02/09/oakland-school-board-votes-to-close-seven-schools-over-the-next-two-years/

[v] Burris, Carol and Pfleger, Ryan. (n.d.) Broken Promises: An Analysis of Charter School Closures from 1999-2017. Network for Public Education. Retrieved on March 23, 2022, from https://networkforpubliceducation.org/wp-content/uploads/2020/08/Broken-Promises-PDF.pdf

[vi] Wilson, Erika K. (2019). “The New White Flight.” HeinOnline. Retrieved on March 23, 2022 from https://heinonline.org/HOL/LandingPage?handle=hein.journals/dukpup14&div=8&id=&page=

[vii] Mommandi, Wagma and Kevin Welner. (2021, September 10). School’s Choice: How Charter Schools Control Access and Shape Enrollment. Teachers College Press.

[viii] Letter to Secretary Cardona from 67 education and civil rights advocacy organizations. (2021, June 16). Retrieved on March 23, 2022, from https://networkforpubliceducation.org/wp-content/uploads/2021/07/Letter-to-Secretary-Cardona-re_-North-Carolina-grant-6.16.pdf.

[ix] Strauss, Valerie. (2020, December 3), How a soccer club won a 126 million dollar grant from Betsy Devos’s education department to open a charter school.  The Washington Post. Retrieved March 23, 2022, from https://www.washingtonpost.com/education/2020/12/03/how-soccer-club-won-126-million-grant-devoss-education-department-open-charter-school/

[x] Winerip, Michael. (2012, January, 8). Rejected three times, school may still open soon, and with a grant, too. The New York Times. Retrieved March 24, 2022, from https://www.nytimes.com/2012/01/09/education/hebrew-charter-school-in-new-jersey-has-grant-to-go-with-application.html.

[xi] Office of Elementary and Secondary Education (n.d.). “Charter Schools Program Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools (CMO Grants).” U.S. Department of Education. Retrieved on March 23, 2022, from https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-grants-for-replications-and-expansion-of-high-quality-charter-schools/

[xii] DeMatthews, David and David S. Knight. (2020, February 10). “Commentary: Private jets and Spurs tickets? Texas needs more charter school oversight.” My San Antonio. Retrieved on March 23, 2022, from https://www.mysanantonio.com/opinion/commentary/article/Commentary-Charter-school-backlash-shows-why-15045357.php

[xiii] Carpenter, Jacob. (2020, January 30). “After jet backlash, IDEA charter schools curbing more ‘hard to defend” spending.” My San Antonio. Retrieved on March 23, 2022, from https://www.mysanantonio.com/news/education/article/After-jet-backlash-IDEA-charter-schools-curbing-15019295.php

Our Co-Signers

  • Network for Public Education
  • National Education Association
  • Southern Poverty Law Center
  • National Black Caucus of State Legislators
  • Journey for Justice
  • AFSCME        
  • NCBCP/Black Women’s Roundtable
  • National Indian Education Association (NIEA)
  • In the Public Interest
  • Superintendent’s Roundtable
  • Advancement Project National Office
  • Education Deans for Justice and Equity (EDJE)
  • Education Law Center
  • Asian Pacific American Labor Alliance
  • Horace Mann League
  • Badass Teachers Association
  • The Democracy Collaborative
  • Advocates for Public Education Policy
  • Alliance for Philadelphia Public Schools
  • Alliance for Quality Education
  • Arizona Educators United
  • Arizonans for Charter School Accountability
  • California Teachers Association
  • Citizens for Public Schools
  • Class Size Matters
  • Close the Gap
  • Coalition for Equity in Public Schools
  • Colorado PTA
  • Democratic Public Education Caucus of Florida
  • Economic Opportunity Network
  • Education Voters of PA
  • Educators for Democratic Schools
  • El Paso Alliance for Just Schools
  • Empowering Pacific Islander Communities (EPIC)
  • First Focus on Children
  • Florida BATs
  • Florida Council of Churches
  • ­­­­Frey Evaluation
  • Hillsborough Public School Advocates
  • Indiana Coalition for Public Education
  • Indiana Coalition for Public Education – Monroe County
  • Jobs to Move America
  • Kentucky NAACP
  • Knox DSA
  • Long Beach Alliance for Clean Energy
  • MI Ed Justice
  • Michigan Education Association
  • Missouri Jobs with Justice
  • Moms and Dads Now Enduring Surrealistic Stupidity (#MADNESS)
  • Mon Valley Unemployed Committee
  • New Rochelle Federation of United School Employees (FUSE)
  • newCAP (New Community Action Pac)
  • North Carolina Justice Center
  • Northeast Indiana Friends of Public Education
  • Northwest Ohio Friends of Public Education
  • Oklahoma Parent Legislative Action Committee
  • Opt Out Georgia
  • Oregon BATs
  • Oregon Save Our Schools
  • Our Children/Our Schools
  • Parents Educating Parents Inc
  • Parents for Public Schools, Inc.
  • Parents for Public Schools, Milwaukee
  • Pastors for Florida Children
  • Pastors for Kentucky Children
  • Pastors for Tennessee Children
  • Pastors for Texas Children
  • Paterson Education Fund
  • PowerSwitch Action
  • Progressive Caucus of the North Carolina Democratic Party
  • Public Advocacy for Kids
  • Public Education Partners – Ohio
  • Public Schools First NC
  • Public Trust Alliance
  • Richmond for All
  • Rochester Coalition for Public Education
  • Saphron Initiative
  • Save Our Schools NJ (SOSNJ)
  • Schools and Communities United
  • Stand for Schools
  • Step Up Louisiana
  • STL Not for Sale
  • SUPPORT OUR SCHOOLS
  • Support Our Students
  • Tennessee BATs
  • Texas AFT
  • Texas Kids Can’t Wait!
  • United for Florida Children
  • United Methodist Advocates for Public Schools
  • Virginia BATs
  • Virginia Educators United
  • Virginia Public Education Partners
  • WA BATs
  • Wake NCAE
  • Washington Township Parent Council Network
  • Wear Red for Public Ed
  • Wellstone Democratic Renewal Club
  • Wisconsin Alliance for Public Schools/Wisconsin Public Education Network

Categories Accountability, Charter Schools, Corruption, Democracy, Education Industry, Equity, Ethics, For-Profit

AFT Endorses Regulatory Reform of Federal Charter Schools Program

By dianeravitch
April 21, 2022 //
13

The American Federation of Teachers released the following statement about the U.S. Department of Education’s proposals to reform the federal Charter Schools Program, which grants $440 million annually to open or expand charter schools. Authorized in 1994, when there were a small number of charter schools, the CSP has never been reformed in its nearly three decade history. The industry captured the program and glossed over widespread waste, fraud, and abuse in federally-funded charter schools.

The AFT wrote:

For Immediate Release
Wednesday, April 20

Contact:
Andrew Crook
607/280-6603
acrook@aft.org AFT Responds to Department of Education on Charter School Regulations

WASHINGTON—American Federation of Teachers President Randi Weingarten sent the following letter to the U.S. Department of Education responding to proposed regulations on Charter Schools Program grants.

The text of the letter follows, and it can be read online with additional footnoting and formatting here.

~April 11, 2022

Ms. Porscheoy Brice

U.S. Department of Education

400 Maryland Avenue SW

Washington, DC 20202-5970

Dear Ms. Brice,

The American Federation of Teachers welcomes the opportunity to comment on the U.S. Department of Education’s proposed regulations to the Charter Schools Program grant programs. These proposed regulations represent a positive development for America’s children, and if fully implemented, these improvements to the Charter Schools Program grant applications will not only advance equity, but also move to restore charter schools to their original purpose by integrating them into the broader education community.

We applaud the department’s proposed regulations, which seek to improve community integration of charter schools. We also applaud the department for taking steps to prevent for-profit charter schools—which studies have shown underperform, compared with both public schools and their nonprofit counterparts—from receiving charter school grants. These steps will undoubtedly improve educational outcomes for children in both charter and traditional public schools. As a union of 1.7 million educators, healthcare workers and public service workers, including educators at more than 250 charter schools, we appreciate that the department is seeking to increase collaboration between charters schools and traditional public schools

The AFT strongly supports the department’s collaboration priority:

We appreciate that the department is recognizing the need for collaboration between charter schools and district schools. Charter schools were originally intended to be vehicles for experimentation and collaboration, not walled gardens within our education system, and these proposed regulations reflect that the charter industry has strayed from that original intent. As a union of education professionals, we have concerns over the pervasiveness of noncompete and nondisclosure agreement practices in charter schools and the chilling effect that such agreements are already having on charter-district collaboration. 

We recommend that the Charter Schools Program grant applications be modified to have applicants certify that they will void all such noncompete/nondisclosure provisions, if they exist, during the life of the grant.

Noncompete clauses, which prevent charter teachers from taking jobs in traditional public schools for a set period of time (or within a geographic region proximate to the charter school), are obvious barriers to the department’s proposed priority of fostering district-charter collaboration. For example, according to Donald Cohen and Allen Mikaelian’s recently released book The Privatization of Everything, Summit Academy Schools of Ohio sued 50 teachers in three years for violating noncompete clauses.

There have been repeated suggestions that, beyond chilling collaboration, nondisclosure agreements prevented charter school teachers from blowing the whistle on fraud and malfeasance occurring at their schools.

We would ask that, in support of this priority, the CSP grant application be modified to include a certification by applicants that they either 1) do not utilize nondisclosure agreements and/or noncompete agreements at their schools, or 2) will void all such agreements for the life of the grant.

Collaboration between district schools and charter schools would be enhanced by putting district schools and charters on the same footing with respect to enrollment requirements:

Practices at certain charter schools have the effect of filtering out some subpopulations of students, leading to the concentration of higher-needs students in district schools. This behavior includes the counseling out of special education students; the use of entrance barriers that disincentivize enrollments of English language learners, low-income students and students with disabilities; and a reluctance to backfill when students leave the charter school. Charter schools that create enrollment barriers for ELLs, students with disabilities and low-income students are often already doing so in violation of federal law, but other disparate policies are not currently unlawful. The interests of district-charter collaboration would be furthered by asking applicants to disclose whether they engage in discriminatory enrollment practices.

Practices that exclude certain students from charter schools create divisions between district and charter teachers and administrators. In our experience, the prevalence of these practices varies significantly across the country and is unfortunately common in some states. The ACLU examined charter school enrollment barriers statewide in both Arizona and California, finding that more than 20 percent of California charter schools and 50 percent of surveyed Arizona charter schools utilized exclusionary enrollment practices.

These practices included denying applicants on the basis of prior academic performance, requiring application fees, capping special education enrollments, discouraging immigrant applicants and requiring parent volunteer hours.

While many exclusionary charter application practices amount to violations of the letter or spirit of the law (or both), charter schools are permitted under federal law to decline to backfill student vacancies created as a result of a student withdrawal or expulsion. When charter schools refuse to backfill vacancies, it both compounds existing student population disparities between district and charter schools and creates new ones. Student mobility is associated with lower student performance, so limiting midyear entrants gives charter schools an advantage that comes at the expense of the district schools that are required to accept all enrollments.

To preserve the department’s proposed priority of fostering district-charter collaboration, we suggest amending the proposed regulations to request that charter school applicants disclose information about their application, selection, turnover and backfilling practices. Specifically, applicants should certify that application materials are available in all languages spoken in the community; that they do not cap the number of students with a disability (or the type of students with a disability they accept); and that they do not charge a fee for applicants. If applicants currently operate charter schools, they should disclose annual student turnover figures for the past five years. The regulations should also be modified so that charter school applicants disclose whether they use admissions tests, consider past academic or behavioral issues during admissions, and backfill vacancies either midyear or between school years, and they should require applicants to disclose how they have recruited students from diverse populations across their catchment areas.

Unions can help facilitate a collaborative school atmosphere, and regulations should be modified to reward applicants who pledge to support their workers’ right to organize:

Collaboration between district school and charter school teachers would be easier if both groups were on the same professional footing. Unfortunately charter school teachers are often underpaid, and turnover in the industry is alarmingly high. Some charter schools operate with teaching staffs that are largely uncredentialed. Many operators in the charter school industry seem to have abandoned any attempt at employee retention, choosing instead to focus on building recruitment “pipelines” to solve the rapid turnover of their teaching force. The department’s laudable goal of fostering collaboration between district and charter schools will be difficult in high-turnover conditions and where significant disparities exist between district school and charter school staff.

We have seen, however, how beneficial it can be when charter and district teachers belong to the same union. In Chicago, several charter schools in the city are organized with the Chicago Teachers Union, with charter and district teachers belonging to the same union. The Chicago Teachers Union QUEST Center brings together both charter and district teachers for professional development courses. Unions can be the space where collaboration across district schools and charter schools can occur—but when charter teachers want to organize a union, their school management often stands in the way. In furtherance of the department’s stated goal of district-charter collaboration, as envisioned within these proposed regulations, we submit that the proposed regulations should be modified to reward schools that pledge not to interfere with teachers who wish to exercise their rights to organize and bargain collectively.

The AFT respectfully requests that language be inserted into the grant application to allow applicants to make a good-faith certification that they will remain neutral in any union organizing effort for the term of the grant award.

We applaud the department on the introduction of a community impact analysis and recommend a few minor improvements:

The AFT supports provisions that would have applicants analyze the impact of charter expansion on the schools that the applicant is, or would be, drawing students from. The focus on preventing charter school expansion from undermining district desegregation efforts is a welcome metric, and we are pleased to see it included in the impact analysis. We would suggest that the regulations be expanded to include an analysis on the fiscal impact of proposed charter growth.

Charter school growth is universally understood to negatively affect the financial condition of the sending districts. Credit ratings agencies and academia have reached a consensus on this point. The ratings agency Moody’s has opined that charter school growth can drag down the finances of their host districts, writing that “charter schools can pull students and revenues away from districts faster than the districts can reduce their costs.” Districts, being unable to reduce costs as quickly as they lose funding for charter schools, are left with diminished resources for students in their public schools. That finding has been bolstered by academic research, which has endeavored to estimate the net fiscal impact of charter school growth on district finances.

While charter school proponents have suggested that charter competition will improve district resources, academic and credit rating agency opinion has coalesced around the opposite conclusion.

Moody’s has said that “A city that begins to lose students to a charter school can be forced to weaken educational programs because funding is tighter, which then begins to encourage more students to leave which then results in additional losses.’’ University of Michigan researcher David Arsen has conducted research in Michigan that supports this conclusion, noting that “contrary to expectations, Michigan school districts respond to charter competition by devoting a smaller share of their spending to instructional services.”6 Faced with decreased revenues, which “decline more rapidly than costs in districts losing students to charter schools,” school districts are simply unable to free up the resources needed to improve education for the students remaining in traditional public schools.

For far too long, the Charter Schools Programs grant programs have ignored the economic reality of charter school growth and its impact on the resources available to traditional public school students. When charter schools expand, traditional public school students are left with fewer resources. We urge the department to amend its community impact analysis guidelines to ask applicants whether a credit rating agency has identified charter school growth as a credit negative for the sending district(s) from which the proposed (or current) school intends to draw its students.

We appreciate the proposed regulations’ increased attention to the problems of the for-profit charter school industry: The proposed regulations’ focus on tightening disclosure regulations around education management organization contracts is well-warranted and consistent with ensuring that CSP funds are allocated to high-performing charter schools. The for-profit charter school industry is disgraceful, and charter operators should not be able to evade the eligibility requirements of the Charter Schools Program by utilizing complex organizational structures and service contracts.

Research shows that for-profit virtual charter schools—which comprise a significant portion of all for-profit schools—are poorly serving America’s students. Additionally, a recent National Education Policy Center study found that for-profit virtual charter schools underperform compared with their nonprofit and publicly run counterparts, suggesting that profit-seeking itself undermines educational success.

We appreciate the department’s proposed regulations:

We thank the Department of Education for these proposed regulations, which will significantly improve outcomes for students in both charter and traditional public schools. While this comment contains some minor suggestions we feel would make these proposed regulations more robust, the substance and spirit of the proposed regulations are a welcome indication that the department is serious about unifying a fractured education system and improving educational outcomes for all children, regardless of the type of public school they attend.

Sincerely,

Randi Weingarten

President, American Federation of Teachers

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The American Federation of Teachers is a union of 1.7 million professionals that champions fairness; democracy; economic opportunity; and high-quality public education, healthcare and public services for our students, their families and our communities. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do.

Randi Weingarten Fedrick C. Ingram Evelyn DeJesus
PRESIDENT SECRETARY-TREASURER EXECUTIVE VICE PRESIDENT

American Federation of Teachers, AFL-CIO
Communications Department • 555 New Jersey Ave. N.W. • Washington, DC 20001 • T: 202-879-4458 • F: 202-879-4580 •  www.aft.org

Categories Accountability, Charter Schools, Education Industry, Equity, U.S. Department of Education, Unions

Who Is Congresswoman Rosa DeLauro?

By dianeravitch
April 18, 2022 //
14

Have you lost faith in our elected officials? Let me introduce you to my personal hero. Rosa DeLauro. I have met with her several times, and she was always attentive and thoughtful. I love her values, and I love her too. It’s a very small tribute to this great woman, but I take this opportunity to add her to the blog’s honor roll for standing up forcefully to the bullying of the charter lobby.

Congresswoman Rosa DeLauro is one of the most powerful members of Congress. She is a Democrat from Connecticut. She is an outstanding liberal who fights for children and working people.

Please read her bio.

Rosa DeLauro is the Congresswoman from Connecticut’s Third Congressional District, which stretches from the Long Island Sound and New Haven, to the Naugatuck Valley and Waterbury. Rosa serves as the Chair of the House Appropriations Committee and sits on the Democratic Steering and Policy Committee, and she is the Chair of the Labor, Health and Human Services, and Education Appropriations Subcommittee, where she oversees our nation’s investments in education, health, and employment.

At the core of Rosa’s work is her fight for America’s working families. Rosa believes that we must raise the nation’s minimum wage, give all employees access to paid sick days, allow employees to take paid family and medical leave, and ensure equal pay for equal work. Every day, Rosa fights for legislation that would give all working families an opportunity to succeed.

Rosa believes that our first priority must be to strengthen the economy and create good middle class jobs. She supports tax cuts for working and middle class families, fought to expand the Child Tax Credit to provide tax relief to millions of families, and introduced the Young Child Tax Credit to give families with young children an economic lift.

Rosa has also fought to stop trade agreements that lower wages and ships jobs overseas, while also protecting the rights of employees and unions. She believes that we need to grow our economy by making smart innovative investments in our infrastructure, which is why she introduced legislation to create a National Infrastructure bank.

Rosa is a leader in fighting to improve and expand federal support for child nutrition and for modernizing our food safety system. She believes that the U.S. should have one agency assigned the responsibility for food safety, rather than the 15 different agencies that lay claim to different parts of our food system. Rosa fights against special interests, like tobacco and e-cigarettes, which seek to skirt our public health and safety rules.

As the Chair dealing with appropriations for Labor, Health, Human Services, and Education, Rosa is determined to increase support for education and make college more affordable for more American students and their families. She is also fighting to protect the Affordable Care Act so that all Americans have access to affordable care. Rosa strongly believes in the power of biomedical research and she is working to increase funding so that we can make lifesaving breakthroughs in science and medicine.

Rosa believes that we have a moral obligation to our nation’s veterans and their families, and her concern for these heroes extends to both their physical and mental well-being. Rosa supports a transformation in how the Department of Veterans Affairs is funded, including advanced appropriations for health services, to ensure its fiscal soundness; and she successfully championed legislation to guarantee that troops deploying to combat theaters get the mental health screening they need both before and after deployment, as well as championed legislation that now provides assistance to today’s Post-9/11 veterans choosing to pursue on-the-job training and apprenticeship programs.

Rosa belongs to 62 House caucus groups and is the co-chair of the Baby Caucus, the Long Island Sound Caucus, and the Food Safety Caucus.

Soon after earning degrees from Marymount College and Columbia University, Rosa followed her parents’ footsteps into public service, serving as the first Executive Director of EMILY’s List, a national organization dedicated to increasing the number of women in elected office; Executive Director of Countdown ’87, the national campaign that successfully stopped U.S. military aid to the Nicaraguan Contras; and as Chief of Staff to U.S. Senator Christopher Dodd. In 1990, Rosa was elected to the House of Representatives, and she has served as the Congresswoman from Connecticut’s Third Congressional District ever since.

Rosa is married to Stanley Greenberg. Their children—Anna, Kathryn, and Jonathan Greenberg—all are grown and pursuing careers. Rosa and Stan have six grandchildren, Rigby, Teo, Sadie, Jasper, Paola and Gus.

Download Congresswoman DeLauro’s Biography

Download Congresswoman DeLauro’s Official Photo

Congresswoman Rosa DeLauro and I in 2018: My hero.

Categories Connecticut, Education Industry, Equity, Funding, Honor Roll, Justice, Supporting public schools, Unions

The First Woman to Run in the Boston Marathon, in 1967

By dianeravitch
April 18, 2022 //
6

Today is the world-famous Boston Marathon. It is a good time to remember Kathrine Switzer.

Kathrine Switzer was the first woman to enter the Boston Marathon, in 1967. She applied to run by using her initials instead of her first name.

For the previous 70 years, the famous marathon was open to male athletes only.

She ran with her coach and her boyfriend alongside her. They were both students at Syracuse University.

When race officials realized there was a woman running, they tried to drag her out of the race and rip the numbers off her back.

Her boyfriend pushed the older men out of the way, so that Kathrine could continue.

She was asked by the press, “Are you a suffragette? Are you a crusader?”

She said, “No, I am just trying to run.”

Categories Courage, Equity

Massachusetts: Starbucks Employees Vote to Unionize

By dianeravitch
April 13, 2022 //
25

Employees at two Starbucks in Massachusetts have voted to join a union. There are 9,000 or so Starbucks. More of them in the state and other states are considering unionizing. Is a revival of unions in the private sector beginning?

Baristas at the two locations first petitioned to unionize in December, inspired by similar action at cafes in Buffalo, New York. A total of 15 Massachusetts Starbucks — and nearly 200 across 29 states — have since taken steps to form a union.

Employees at two Boston-area Starbucks cafes voted unanimously to formally unionize Monday afternoon — a first for the coffee giant in Massachusetts.

Categories Equity, Unions

North Carolina: Republican Chief Judge Removes Democratic Judge from School Funding Case

By dianeravitch
April 13, 2022 //
26

This report comes from the Center for Educational Equity at Teachers College, Columbia University. The Leandro case ordered equitable funding for the state’s public schools, but the funding has not been delivered due to the Tea Party Republican control of the legislature (General Assembly). Republicans have chosen to focus on charters and vouchers, not equitable funding.

Seeking to end the long-pending Leandro/Hoke litigation, Superior Court Judge David Lee last June approved a comprehensive, 8-year plan that aims to ensure all students in the state the opportunity for a sound basic education guaranteed by the state constitution. When the legislature failed to approve the initial funding to support the plan, in November, the Judge ordered the state of North Carolina to transfer $1.7 billion from its reserves to fund the first phase of the plan. At the end of November, the North Carolina Court of Appeals overruled Judge Lee’s order, holding that although the lower court was correct in saying that the state must fund the plan, it is not within its power to order money be appropriated.

Late last month, North Carolina Supreme Court Chief Justice Paul Newby, a registered Republican, suddenly replaced Judge Lee, a registered Democrat, as the presiding trial court judge for the case, without any advance notice. Justice Newby then ordered special Superior Court Judge Michael Robinson, a registered republican, to take over the case. Judge Robinson is required to determine how much of the $1.7 billion that is necessary to fund a comprehensive remedial school improvement plan was included in the current state budget. Judge Robinson must present his findings to the state Supreme Court by April 20.

Categories Accountability, Budget Cuts, Charter Schools, Education Industry, Elections, Equity, North Carolina, Privatization, Republicans, School Choice, Vouchers
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