Archives for category: For-Profit

Make no mistake: the changes to the federal Charter Schools Program a few days ago was a big win for supporters of public schools and a major defeat for the charter lobby, led by the National Alliance for Public Charter Schools.

The Network for Public Education was proud to lead the fight to reform the Charter Schools Program, which started in 1994 as a tiny program to help jumpstart new charters but turned into a slush fund to pump federal money into giant charter chains like KIPP, IDEA, and Success Academy, all of which are very well funded by their billionaire board members and friends.

The charter lobby, overflowing with cash, bought ads on major television programs to fight the Department’s effort to regulate the federal funding of charters, especially the proposed exclusion of for-profit charter operators. The Network for Public Education did not have millions or even hundreds of thousands to lobby on behalf of public schools. It did not buy any TV or radio time. NPE is funded by the 350,000 friends who contribute small amounts of money to fight privatization. Contrary to the claims of the charter lobby, NPE is not funded by the teachers’ unions. It is funded by parents, teachers, principals, and other citizens who don’t want to lose their public schools.

Carol Burris, executive director of the Network for Public Education, has worked tirelessly to persuade the U.S. Department of Education and members of Congress to require accountability and set rules for the federal Charter Schools Program. She wrote numerous reports, based on government data, to demonstrate the need for oversight. The program receives $440 million a year with no scrutiny, and its waste, fraud, and abuse are legion. Unlike the charter lobby, NPE has a small staff. Carol is the only full-time employee. Her hard work paid off. Despite the millions of dollars spent by the charter lobby to keep the federal dollars flowing without accountability, transparency or oversight, the Department ignored them.

Carol Burris explained the new regulations in a post on Valerie Strauss’s blog “The Answer Sheet” at The Washington Post.

Strauss begins:

The Biden administration is moving to overhaul the federal Charter School Program with new rules finalized last week that make it harder for for-profit organizations to win taxpayer money and require greater transparency and accountability for grant applicants.

The program has awarded billions of dollars in grants over the past several decades for the expansion or opening of charters, which are publicly funded but privately operated, often with little or no public oversight. President Biden said during the 2020 election campaign that he wanted to end federal funding for for-profit charter schools, but the final regulations don’t go that far.

Charter school supporters strongly objected to a draft set of rules released earlier this year, saying they seemed intended to kill the program outright, which the Education Department denied. Nina Rees, president and chief executive officer of the National Alliance for Public Charter Schools, said in a statement that the final regulations appear to be “less harmful than the original proposal,” but added that more analysis of the details was needed.

Critics of the federal Charter School Program said both the draft set of regulation changes and the final versions were important moves to stop waste and fraud in the federal program and provide more transparency to the operation of charters.

Charter advocates say these schools offer necessary choices to families that want alternatives to troubled schools in traditional public school districts. Critics say charter schools drain funding from public school districts that educate the vast majority of children in the United States, and are part of a movement to privatize public education.

The Network for Public Education, an advocacy organization that opposes charter schools, has published several reports since 2019 on the federal program, revealing the waste of hundreds of millions of taxpayer dollars on charter schools that did not open or were shut down. The reports also showed that the Education Department did not adequately monitor federal grants to these schools. You can read about two of those reports here and here. A third report details how many for-profit management companies evade state laws banning for-profit charters.

This post analyzes the final rules that the Education Department released last week — though more details are yet to come. The following was written by Carol Burris, an award-winning New York school principal who is now executive director of the Network for Public Education and who wrote or co-wrote the reports mentioned above. Burris has written extensively about charter schools and other school reform efforts for more than a decade on The Answer Sheet.

By Carol Burris

Last week, efforts to clean up the wasteful federal Charter School Program (CSP) made remarkable progress. First, the fiscal year 2023 House Appropriations bill report not only made cuts to the CSP program budget, it demanded improvements. Then the day after the passage of the bill by the House Appropriations Committee, the long-awaited final regulations for the Charter School Program were published by the Education Department. Although a few concessions were made to the charter lobby, nearly all proposed regulations remained intact from a draft version released earlier this year.

Let’s start with the fiscal year 2023 House Appropriations bill. It reduced the Charter School Program budget by $40 million from President Biden’s request to keep funding for next year the same as this, at $440 million. The bill also called on Congress and the U.S. Education Department to phase out for-profit management organizations, and encouraged further investigations and reforms. In short, it supported the proposed CSP regulations.

During a June 30 hearing on the bill, two amendments — the first to defund the Department of Education’s regulation efforts and the second to restore the $40 million budget cut — were defeated in committee votes.

When Rep. John Moolenaar (R-Mich.) offered his amendment to kill the new regulations by defunding them, (watch beginning at 3:20:37), Rep. Rosa L. DeLauro (D-Conn.), chairman of the committee, expressed her “strong opposition.” She accused the National Alliance of Public Charter Schools of “peddling un-credible exaggerations” and “misrepresentations” to defeat what she characterized as modest reforms. She further stated that they had been “willing to take desperate measures to block accountability and transparency” to protect for-profit education management organizations. She voiced her strong support for reform of the CSP to address long-standing concerns. Moolenaar’s amendment was defeated 32 to 22.

The following day, on July 1, the department held an informational briefing on the final new regulations, the priorities, and the assurances applicants must provide to secure a grant from the Charter School Program (CSP). Following the meeting, three documents were posted here. The first describes the submitted comments and the department’s response to them as well as the new requirements for the three grant programs within the overall CSP (SE, or State Entity; CMO, or charter management organization; and Developer, or charter school developers).

The department received 26,580 comments on the proposed regulations, most of which were generated from letter-writing campaigns. Of all of the comments, 5,770 were unique. According to the department, “the majority [of comments] expressed general support for the regulations and the priorities.”

For those who have long advocated for overhauling the CSP program, here are the significant gains.

Schools managed by for-profits will have a difficult time securing CSP grants and, in some cases, will be excluded from funding.

If an applicant has or will have a contract with a for-profit management company (or a “nonprofit management organization operated by or on behalf of a for-profit entity”), they must provide extensive information, including a copy or description of the contract, comprehensive leadership personnel reporting and the identification of possible related party transactions. Real estate contracts must be reported, and “evergreen contracts” in which there is automatic contract renewal are prohibited. The school cannot share legal, accounting or auditing services with the for-profit. The state entity that awards the grant must publish the for-profit management contract between the awardee and the school.

The final regulations also include the reporting and exposure of the for-profit’s related entities. The Network for Public Education recommended the addition of “related entities” in its comments to the department. Our report, “Chartered for Profit,” explains how for-profit owners create separate corporations with different names to mask the complete control of the for-profit over operations of the school.

Finally, the applicant must assure that “the [for-profit] management company does not exercise full or substantial control over the charter school,” thereby barring any charter school operated by a for-profit with a “sweeps contract” from obtaining CSP funds.

There will be greater transparency and accountability for charter schools, State Entities, and CMOs that apply for grants.

This is probably the most underreported win for those who support charter school reform.

Transparency gains include:

  • An assurance that the grantee holds a public hearing on the proposed or expanded charter school. These hearings must be well advertised and include information on how the school will increase diversity and not promote segregation. Schools are obligated to reach out to the community to encourage attendance and then provide a summary of the hearing as part of the application. These public hearings are required of direct grantees and subgrantees — both SE and CMO.
  • The publication of for-profit management contracts.
  • The publication of the names of awardee schools and their peer-reviewed applications by states and CMOs.
  • A requirement that the school publish information for prospective parents, including fees, uniform requirements, disciplinary practices, transportation plans, and whether the school participates in the national free or reduced-price lunch program.

Accountability gains include:

  • More substantial supervision by state entities of the schools that are awarded grants, including in-depth descriptions of how they will review applications, the peer review process they will use, and how they will select grantees for in-depth monitoring.
  • Restrictions regarding the spending of grants by unauthorized schools. Charter schools not yet approved by an authorizer will be eligible to use planning grant funds; however, they cannot dip into any implementation funds until they are approved and have secured a facility. This new regulation will limit, though not prevent, all funding that goes to charter schools that never open.

Regulations to stop White-flight charters from receiving CSP funding and ensure the charter is needed in the community.

The final regulations are good, but not as strong as initially proposed.

One of the more controversial aspects of the new regulations was the need for the school to conduct a community impact analysis. The charter lobby focused on one example by which a school could show need (district over-enrollment) and used it as a rallying cry to garner opposition to the regulations. In the new regulations, the department clarifies that there are other ways to demonstrate need, including wait lists and offering a unique program. It also eliminated the need for the applicant to provide a district enrollment projection.

The community impact analysis is now called a needs analysis. That analysis must include evidence of community desire for the school; documentation of the school’s enrollment projection and how it was derived; a comparison of the demographics of the school with the area where the students are likely to be drawn; the projected impact of the school on racial and socio-economic district diversity; and an assurance that the school would not “hamper, delay or negatively affect” district desegregation efforts. Applicants would also have to submit their plan to ensure that the charter school does not increase racial segregation and isolation in the school district from which the charter would draw its students.

The department went to great pains to reassure applicants that schools in racially isolated districts would not need to show diversity (this straw man argument had been used by the charter lobby and even some editorial boards to fight the regulations, although the original rules had made that clear). Those schools that are unlikely to be diverse due to the school’s special mission would also have to submit an explanation.

Still, there are some concerns about unintended consequences of the regulations.

With the additional caveat regarding “special mission,” the department is trying to preserve grants to schools that are themed to promote, for example, Native American culture in an area where Native American students are a minority population in the district. That is understandable.

However, White-flight charter schools could skirt the regulation by arguing that their mission is to provide a Eurocentric, classical curriculum.

For example, charter schools opened by Hillsdale College — a small Christian college in Michigan that promotes a “classical” curriculum — are disproportionately White. These schools could claim that their mission appeals to students with European backgrounds and that the strong “anti-CRT” message in their “1776 curriculum” does not appeal to Black families. Although Hillsdale College does not take federal funds, Hillsdale charter schools do. We have identified nearly $7 million awarded to Hillsdale member charter schools up to April 2021. Newer schools have likely secured CSP grants as well.

Priority 2 — which encouraged charter/public school cooperation — was retained but categorized as “invitational” for the 2022 cycle.

The second straw man argument the National Alliance for Public Charters used to fuel their #backoff campaign on the regulations was the claim that charter/public school district cooperative projects were required. They were not. They were a priority, and priorities can be mandated, competitive (assigned a few points), or invitational (looked up favorably but no point value).

As I explained here, it is rare for a priority to be mandated. For example, of the six priorities for the 2022 State Entities grants, only one is required, which is that authorizers use best practices. The department now makes it clear that it is unlikely that charter/district cooperative activity will ever be a mandated priority while leaving the door open to it becoming a competitive priority after the 2022 award cycle.

All regulations, priorities and assurances go into effect for this 2022 grant cycle with one exception: Developer grant applicants, a small program in which individual schools apply, do not have to submit a needs analysis in 2022 only. That is because applications are due shortly.

Summary

Since 2019 when the Network for Public Education issued its reports on the federal Charter School Program, the program has come under increased congressional scrutiny. We have followed up by submitting letters to the department, often co-signed by other groups, demanding reform and exposing abuses of the program.

These new regulations are an essential first step in making sure that fewer tax dollars go to schools that never open, schools that quickly close, and for-profit operators. Unscrupulous individuals who used the program for their enrichment will find it more difficult to do so. State Entities that have pushed money out the door will now be forced to provide more oversight and supervision. And so they should. State Entities get 10 percent of every grant, representing millions of federal dollars, to use for such supervision.

We do not doubt that some applicants will still provide false information, as we found time and time again, but now as all peer-reviewed applications go online, groups such as ours will serve as watchdogs and report falsehoods and misrepresentations to the Office of the Inspector General.

And for all of the charter schools that are fronts for for-profit organizations, the Education Department just put a big sign on the door that says “you need not apply.”

As readers of this blog know, the Network for Public Education has strongly supported reform of the federal Charter Schools Program, which got its start in 1994 to help mom-and-pop start-up charters. Led by Carol Burris, executive director of NPE, we released two reports showing that the CSP program had wasted nearly a billion dollars, that it funded white flight academies, that it was marred by waste, fraud, and abuse, and that it was a major funder for charter chains.

Biden’s Department of Education issued draft regulations to reform CSP, and the charter lobby spent millions pushing back against any reforms.

The charter lobby lost!

Jan Resseger reports the good news: the U.S. Department of Education stood its ground.

Carol Burris, executive director of the Network for Public Education, celebrates the successful effort to reform the federal Charter Schools Program, despite the multi-million dollar campaign of the charter lobby.

Dear Friends,

Since 2019, the Network for Public Education has worked to stop the waste, profiteering, and fraud in the federal Charter Schools Program. Our two reports, Asleep at the Wheel I and II, caught the attention of the press and members of Congress. We secured allies in our fight as we fought the funding of segregation academies in North Carolina. We met with Congressional staff members and the Department itself. And when the draft regulations came out, we worked nonstop for weeks to write our comments, explain the proposed regulations to others, provide tailored model comments, and work with our allies to push the regulations over the finish line.

On July 1, those efforts paid off.

The Department received 26,580 comments on the proposed regulations, most of which were generated from “letter-writing campaigns.” Of all of the comments, 5,770 were unique. According to the Department, “the majority [of comments] expressed general support for the regulations and the priorities.” We and our allies did our job.

Here are the significant gains.

The Department will make it difficult or impossible for charters run by for-profits to get grants.

If an applicant has or will have a contract with a for-profit management company (or a “nonprofit management organization operated by or on behalf of a for-profit entity” like Academica), they must provide extensive information, including a copy or description of the contract, personnel reporting, possible related party transactions and real estate contracts. The State Entity that awards the grant must publish the for-profit management contract between the awardee and the school.

Most importantly, the applicant must assure that “the [for-profit] management company does not exercise full or substantial control over the charter school,” thereby barring any charter school operated by a for-profit with a “sweeps contract” from obtaining CSP funds.

There will be greater transparency and accountability for charter schools, state entities, and CMOs that apply for grants.

Transparency gains include public hearings, comparative demographic information, the name of all awardee schools, and their peer-reviewed applications. Schools must publish information on their websites that includes fees, uniforms, transportation plans, and if they provide free lunch.

Accountability gains include better supervision by State Entities of the schools awarded grants, including in-depth descriptions of how they will review applications, the peer review process they will use, and how they will select grantees for in-depth monitoring. There are new restrictions on how unauthorized schools can receive funds.

Regulations to stop white-flight charters from receiving CSP funding and ensure the charter is needed in the community.

The final regulations are good, but not as strong as initially proposed. The community impact analysis is now called a needs analysis. That analysis must include: evidence of community desire for the school; the school’s enrollment projection; a comparison of the demographics of the school with the area where the students are likely to be drawn; the projected impact of the school on racial and socio-economic district diversity and an assurance that the school will not undermine local desegregation efforts. There are exceptions for theme schools and schools in racially isolated neighborhoods.

Making progress on holding charters accountable and reducing waste, fraud, and profiteering is an extraordinarily difficult task. The goal of the charter lobby is to create as many charters as possible, make schools a marketplace, and eventually overtake our democratically governed schools. We have a long way to go in stopping that. But these regulations are an important first step.

For an in-depth analysis, read my piece in The Washington Post Answer Sheet here.

Now help us get the word out with these “click to tweets” below.

And remember, none of this is possible without your support. Please give to the Network for Public Education today.

You can post this email using this link: https://networkforpubliceducation.org/u-s-ed-department-finalizes-tough-new-charter-regulations/

What is happening to the America that we swore allegiance to every day in public school? what happened to the America that was “indivisible, with liberty and justice for all”? How did we get a rogue Supreme Court that recklessly demolishes women’s rights, the separation of church and state, gun control, public safety, and efforts by government to prevent climate disasters? Who kidnapped the conservative Republican Party that believed in stability and tradition? From whence came the people who scorn the commonweal and ridicule Constitutional norms?

Former state legislator Jeanne Dietsch has an answer. Connect the dots by looking at what has happened to New Hampshire. The coup failed in Washington, D.C. on January 6, she writes. But it is moving forward in New Hampshire, with many of the same characters and all of the same goals.

If you read one post today, read this.

She writes:

During the last few weeks, US House leaders documented the nearly successful January 6 coup piece by piece, before our eyes. That personal power grab failed. Meanwhile, the steps clinching takeover of our government by radical reactionaries have nearly triumphed. A plan decades in the making. A plan nearly invisible to the ordinary public.


I can barely believe myself how this story weaves from Kansas to Concord to DC to the fields of southern Michigan over the course of six decades. It starts in Witchita. Koch Industries is the largest privately held company in the US, with over $115 billion in revenues, mostly fossil-fuel related. For many years, two of the founders’ sons, Charles and David Koch, each owned 42% of the company.


The younger, David, studied in the engineering department of MIT for 5 years, simultaneous with young John H. Sununu. Both finished their Master’s degrees in 1963.

1980: THE KOCHS SET THEIR GOALS


Seventeen years later, David Koch ran for Vice President of the US on the Libertarian ticket. The campaign was largely funded by Koch interests. The Libertarian platform of 1980, shown below, may look disturbingly familiar to those following news today.

Open her post to read the Koch Libertarian platform of 1980.

Libertarians demanded the abolition of Medicare, Medicaid, Social Security, public schools, aid to children, the Post Office, the Environmental Protection Agency, the Department of Energy, and more.

The infrastructure for achieving that platform was founded two years later. It was called the Federalist Society. It was a plan by a “small but influential group of law professors, lawyers, and judges.” Its goal?

To train members of their professions to believe in “originalism.” Originalists “strictly construe” the Constitution as they believed the Framers designed it way back in 1787. This matched David Koch’s 1980 platform. It would leave corporations free to do whatever profited them most without regard for social costs or regulations. Older Federalist Society members used their influence to advance their followers to higher judgeships.

SUNUNU FAMILY ROLES


Meanwhile, John Sununu became governor of New Hampshire, then Chief of Staff for President George W. Bush. In that role, John thwarted a plan for the US to join the international conference to address climate change in 1989. Actions like this, that benefitted Koch and the rest of the fossil-fuel industry, would become a hallmark of the Sununu family.


In 1993, an executive of Charles and David’s Koch Industries Michigan subsidiary, Guardian Industries, became a founding trustee of the Josiah Bartlett Center for Public Policy [JBC] in NH. Its mission was to advance many of the policies listed on David Koch’s platform of 1980. John Sununu, and later his son James, would chair the JBC board through today. Another of Sununu’s sons, Michael, would become a vocal climate denier and industry consultant. Still another, Senator John E. Sununu, would oppose the Climate Stewardship Act of 2003. But the Sununus were not coup leaders, just complicit.

BUILDING INFRASTRUCTURE FOR THE COUP


But let’s jump back to the Federalist Society. Its mission was succeeding. They were stacking the lower courts.?..Those justices hired young lawyers as clerks. From 1996-97, Thomas employed a Federalist Society clerk named John Eastman.


Twenty-three years later, Eastman would meet secretly with President Donald Trump. He would convince him that Vice President Pence could refuse to accept electoral college ballots on January 6. But back in 1999, Eastman became a senior fellow at the Claremont Institute. “The mission of the Claremont Institute is to restore the principles of the American Founding to their rightful, preeminent authority in our national life.”


Now we’re almost at the secret clubhouse of the coup. The Claremont Institute was run by a fellow regressive named Larry Arnn.(Photo below) In late 1999, Arnn was in the process of replacing the president of Hillsdale College because of a scandal that made national news. Hillsdale promotes conservative family values. Yet its leader was having an affair with his daughter-in-law. She committed suicide. Hillsdale was the central hub for Libertarian radicals so they needed a strong leader to pull them out of the mud.

Please read the rest of this fascinating post. There is one blatant error: she refers to “Clarence Thomas and Stephen Breyer” as Koch justices, but Breyer was a liberal justice appointed by Clinton. She must have meant the crackpot Alito.

Laugh or cry? I report. You decide.

The Republican lawmaker who drafted the training curriculum that schools would have to follow to allow teachers in Ohio to carry guns owns a gun training business that seemingly fits all the required steps in the bill.

Ohio schools could start arming any staff member as soon as mid-fall, but the training requirement has raised concerns about the involvement of a specific senator.

Although he denies any wrongdoing, state Sen. Frank Hoagland, a Republican from Mingo Junction, is being accused by critics of drafting the bill so his business could benefit financially.

Hoagland helped with the rewrite of House Bill 99, which allows any school board in Ohio to choose to arm school staff members with up to 24 hours of training.

The senator owns a business called S.T.A.R.T., which represents Special Tactics and Rescue Training. It is a firearm training and threat management business.

While the bill was being heard in the Senate Veterans and Public Safety Committee, hundreds came to oppose the bill. Throughout the entire hearing process, more than 350 people submitted testimony against the bill, while about 19 testified in favor.

One of those who testified in support was Dinero Ciardelli, the CEO of S.T.A.R.T. He did not identify himself as being with the company, but he did not legally have to. Hoagland just so happens to be the Chair of the Senate Veterans and Public Safety Committee, so he watched his colleague testify in favor of his bill.

The story: probably not a conflict of interest. On Mars.

The online charter sector not only has abysmal academic records, but it’s ripe pickings for scammers. The founders of Epic charter schools in Oklahoma are charged with multiple counts of embezzlement, racketeering and other crimes.

Oklahoma Watch reports:

Epic Charter Schools’ founders, who were arrested Thursday, shifted millions of school dollars to company credit cards, which were used to make political campaign donations, fund a lobbyist and pay personal expenses like vacations, the Oklahoma State Bureau of Investigation alleges in court documents.

Following a yearslong investigation into alleged embezzlement of taxpayer funds, the co-founders of the state’s largest online school were arrested Thursday, along with the longtime chief financial officer, court records show.

David Chaney, 43, Ben Harris, 46, and Josh Brock, 40, were booked into the Oklahoma County Detention Center Thursday morning. Each is charged with racketeering, embezzlement, obtaining money by false pretense, conspiracy to commit a felony, violating the Oklahoma Computer Crimes Act, submitting false documents to the state and unlawful proceeds.

Investigators said the men ran a complicated criminal enterprise using the online charter school and a for-profit company, Epic Youth Services.

The scheme has cost the state more than $22 million, according to the OSBI.

The charges involve co-mingling of funds, excessive and unnecessary management fees, use of Oklahoma tax dollars in California, political influence, concealment of profits, submission of false invoices and the illegal use of employees.

One of the school’s largest recruitment tools, the learning fund, was used to conceal illegal purchases, agents alleged. For the learning fund, Epic makes at least $1,000 available to each student annually in a virtual account. Parents can allocate those dollars for curriculum, laptops and extracurricular activities.

Parents don’t receive the money directly. Instead, they request a purchase from Epic and the school transfers the money to Epic Youth Services, which pays the vendor.

Chaney and Harris used a separate bank account to make learning fund purchases, and investigators found Chaney and Harris didn’t return unused learning fund dollars.

The account received nearly $145 million between 2015 and 2021. More than 50 times, Chaney, Harris and Brock transferred public funds from the learning fund account to the private bank account for Epic Youth Services, which was then used to pay a lobbying firm. Capital Gains, a lobbying firm run by Robert Stem, a longtime friend of Harris’, was paid more than $500,000.

Please open the link to read the rest of the story. Campaign contributions go a long way towards avoiding accountability.

Governor Bill Lee of Tennessee is working overtime to destroy public schools in his state with charters and vouchers.

Pastors for Tennessee Children has stood up to him and the legislature, mobilizing public opinion against privatization.

PTC needs our help!

It’s a tumultuous time for public education in Tennessee. There are currently over 130 school privatization lobbyists working the legislature. Their intent is to replace public schools with charters, vouchers and homeschools. The Tennessee Public Education Coalition and Pastors for Tennessee Children have been actively working together to protect our students and teachers. These organizations blocked dangerous legislation including bills to expand vouchers, to allow charter schools to buy publicly owned properties for only one dollar, and to allow the mayoral takeover of elected school boards.

Pastors for Tennessee Children filed an amicus brief in the voucher lawsuit, which is still pending. They have shared our message in op-eds that have run in newspapers statewide and in live news interviews. They met with legislators and became active on social media. In short, They have done outsized work for an organization composed of a small number of committed volunteers who care about our public schools.

They cannot continue without your help.

Please make a donation here.

Or send a check to the following address:

Pastors for Tennessee Children to 7237 Riverfront Drive, Nashville, TN 37221

A former Republican State Senator and the former State Auditor, a Democrat, wrote to argue on behalf of reforming the charter school law.

Bernie O’Neill (R-29, Bucks) is a former special education teacher for more than 25 years and a 16-year former member of the Pennsylvania House of Representatives.

Eugene DePasquale is former Auditor General of Pennsylvania and former member of the state General Assembly, (D-95, York). He presently serves as a Resident for the Keystone Center for Charter Change at the Pennsylvania School Boards Association.

They wrote:

Our roles as former elected officials from both of the major political parties have given us unique perspectives into not only Pennsylvania’s political process, but also its public education system, particularly charter schools.

Charter schools in the state have grown tremendously in the 24+ years in which they have existed. It is estimated that nearly 170,000 children will attend a brick and mortar or cyber charter school in the current school year and that Pennsylvania taxpayers will spend an estimated $3 billion to fund charter schools.

Despite being in operation for more than two decades, Pennsylvania’s Charter School Law (CSL) has never undergone any significant revision, other than allowing the creation of cyber charter schools in 2002, even though there are numerous glaring problems with the law. That’s not because the General Assembly hasn’t studied and introduced a myriad of legislative proposals each year to enact meaningful reforms. However, the state’s legislative body seems to be unwilling or unable to fix the problems.

Reforming the CSL should be a bipartisan issue. At its core, charter school reform would 1) ensure that public education funds are spent efficiently and appropriately; 2) that charter schools are as accountable and transparent as other public schools; and 3) preserve and strengthen educational choice by bolstering the law to ensure only quality charter school options are available to students and families.

Choice in public education is well-established in Pennsylvania. However, the status quo results in taxpayers sending hundreds of millions of public education dollars more than what charter schools need to provide an education. This is especially true for cyber charter schools, which do not maintain a physical school building and for all charter schools when it comes to well-documented overpayments for special education services. There’s a word for this type of spending – wasteful. And residents across the state feel the impact of these overpayments when their local school districts are forced to raise property taxes because of these costs.

Charter schools are supposed to be public schools. However, the boards that operate charter schools are not elected and are not required to include any representation from the community which they serve. Further, charter schools can contract with for-profit companies to run virtually all operations of the school. Once a charter school enters into one of these contracts, the public loses the ability to see how their money is being spent.

For years, proficiency on state assessments and graduations rates at charter schools have, on average, been substantially lower than those of traditional local public schools. While there are many high-performing charter schools, the current CSL makes it very difficult to close poor performers. Look no further than the fact that every cyber charter school has been identified by the state Department of Education as being in need of improvement for many years.

The bottom line is this: we owe it to our children and to the taxpayers to make sure that we are doing everything possible so that students are getting the best education available and that we are getting the best return on investment for our tax dollars. That’s something that all legislators should be able to support no matter which side of the aisle they’re on.

It is time to end the paralysis in Harrisburg, stop the practice of passing off charter school expansion proposals that fail to address serious funding flaws and contain little accountability as real reform, and finally work in a bipartisan manner to fix the law.

An economics and business writer at the New York Times named Peter Coy wrote an article titled “This Company Knows How to Increase Test Scores.” The article celebrates a study of a for-profit company called Bridge International Academies (renamed NewGlobe) that operates a large number of schools in Africa. Coy says the study by various American economists finds that the NewGlobe schools produce remarkable test score gains. What he doesn’t say is even more important. Civil society groups from across Africa and elsewhere urged the World Bank to stop investing in for-profit schools. The World Bank announced three months ago that it would no longer invest in the company praised in this article.

Coy begins:

Some of the world’s most successful educational techniques are being applied today in Kenya, Uganda, Liberia, Nigeria, Rwanda and India, in schools serving poor children that are run or advised by NewGlobe Schools, a company founded by Americans with headquarters in Nairobi, Kenya. These techniques deserve to be applied more widely, including in wealthy nations such as the United States.

A new study led by a Nobel laureate economist, Michael Kremer of the University of Chicago, found that in Kenya, enrolling in schools run by NewGlobe for two years increased test scores by an amount equal to being in school for an additional 0.89 year for primary school pupils, and to being in school an extra 1.48 years for pre-primary pupils. The poorest children improved the most.

The secret of NewGlobe’s success? Standardization. Every lesson is completely scripted and standardized. The teachers are told what to say and they say it. Most of the teachers are not high school graduates; they are not certified. They are paid less than union teachers. Yet the students get higher test scores! A reformer’s dream!

Coy compares these privately-run schools to the large KIPP chain (which, as I understand it, having visited KIPP schools, is not standardized, and whose results are not always as good as regular public schools) and to New York City’s Success Academy, a chain that has very high test scores but also very high student attrition and very high teacher turnover.

Coy writes:

“The test score effects in this study are among the largest observed in the international education literature, particularly for a program that was already operating at scale, exceeding the 99th percentile of treatment effects of large-scale education interventions,” Kremer and his colleagues found.

NewGlobe clearly has built a better mousetrap, but it has taken a while for the world to beat a path to its door. It has encountered multiple obstacles, including from the U.S. Congress, although it is gradually winning followers.

One reason for the slow uptake in the early going was resistance from teacher unions, including the Kenyan National Union of Teachers. During the period studied, NewGlobe paid teachers only one-third to one-fifth of what Kenyan public school teachers were earning. Many of its initial recruits didn’t have teaching certificates. (NewGlobe says it adapted to the government requirements as they changed over time.)

Here is the study. The title: “Can Education Be Standardized?” The authors believe it can and should be.

Here is the abstract:

We examine the impact of enrolling in schools that employ a highly-standardized approach to education, using random variation from a large nationwide scholarship program. Bridge International Academies not only delivers highly detailed lesson guides to teachers using tablet computers, it also standardizes systems for daily teacher monitoring and feedback, school construction, and financial management. At the time of the study, Bridge operated over 400 private schools serving more than 100,000 pupils. It hired teachers with less formal education and ex- perience than public school teachers, paid them less, and had more working hours per week. Enrolling at Bridge for two years increased test scores by 0.89 additional equivalent years of schooling (EYS) for primary school pupils and by 1.48 EYS for pre-primary pupils. These effects are in the 99th percentile of effects found for at-scale programs studied in a recent survey. Enrolling at Bridge reduced both dispersion in test scores and grade repetition. Test score results do not seem to be driven by rote memorization or by income effects of the scholarship.

Here are a few quotes from the Kremer et al study:

Three-quarters of teachers in public and private schools had acquired more than a secondary school education compared to just under one-quarter of teachers in Bridge schools. Relative to public school teachers, Bridge teachers were younger, less experienced, and more likely to be novice (first-year) teachers. On average, their total compensation amounted to between one fifth and one third of the average public school teachers total compensation and approximately the same as teachers in other private schools serving this population. They worked longer hours, including Saturdays...

Subsequent to the period analyzed in our study, Bridge’s parent company NewGlobe reduced the number of private schools operated by Bridge from 405 to 112, and launched a new model in which it primarily acts as a service provider to governments. Under this model, which now accounts for the bulk of students reached by NewGlobe, teacher qualification, compensation, and working conditions follow standard public sector guidelines; governments similarly set curricular, school infrastructure, and child safety standards, and costs of standardization are covered by the state rather than through fees to parents.

Note that Bridge has changed its main model, the one lauded by the Kremer study and Peter Coy. Why is Coy waxing enthusiastic about a model that has been downsized? Bridge dramatically reduced the number of for-profit private schools (where families had trouble paying $5 or more a month, and students were suspended for non-payment of fees). Instead it now has inserted its standardized model into the public sector, where its costs are paid by the government, not families, and it has to meet standards set by the government. But its costs are far beyond what these governments can afford to pay. Coy missed that detail.

Another study of Bridge schools in Liberia was discouraging for Bridge. The condition of the free public schools in Liberia was dismal, which paved the way for outsourcing of schools to private management. About 25% of students in fifth grade could not read a single word in the public schools. It should not be hard to beat that low bar. The study found:

Outsourcing the management of 23 randomly-selected government primary schools in Liberia to Bridge International Academies led to learning gains of 0.35σ after three years, equivalent to reading roughly 2.2 additional words per minute. Beyond learning gains, Bridge increased dropout by more than half and reduced transition to secondary school (overall, Bridge had a -6.53 percentage point effect on the probability of being enrolled in any school after three years). Bridge had no statistically significant impact on corporal punishment and failed to reduced sexual abuse. Overall, any assessment of outsourcing public schools to Bridge must weigh its modest learning gains against its high operating costs and negative effects on access to education via increased dropout.

Bridge raised test scores, but the dropout rate was high, which probably increased test scores. Bridge was too expensive for the Liberian government: in its first year, it cost $640 per year. By year three, the Bridge cost was down to $161 per pupil. The Liberian government’s goal is $50 per pupil per year. This model does not look like the money-maker that its sponsors envisioned.

I first learned about Bridge International Academies when I read an article in the New York Times Magazine called “Can a Tech Start-Up Successfully Educate Children in the Developing World?” An American couple, Shannon May and her husband Jay Kimmelman, along with a third partner, had the audacious idea that a company that provided $5 a month private schools could dramatically disrupt education in Africa while creating a billion-dollar corporation. What was not to like?

Just as titans in Silicon Valley were remaking communication and commerce, Bridge founders promised to revolutionize primary-school education. ‘‘It’s the Tesla of education companies,’’ says Whitney Tilson, a Bridge investor and hedge-fund manager in New York who helped found Teach for America and is a vocal supporter of charter schools.

The Bridge concept — low-cost private schools for the world’s poorest children — has galvanized many of the Western investors and Silicon Valley moguls who learn about the project. Bill Gates, the Omidyar Network, the Chan Zuckerberg Initiative and the World Bank have all invested in the company; Pearson, the multinational textbook-and-assessment company, has done so through a venture-capital fund.

The company’s pitch was tailor-made for the new generation of tech-industry philanthropists, who are impatient to solve the world’s problems and who see unleashing the free market as the best way to create enduring social change.

The basic idea of the Bridge Schools was standardization. The lessons were written by charter school teachers in Cambridge, Massachusetts, then read out loud by Bridge teachers on an e-reader in their classroom. Every teacher taught the same lesson at the same time in the same way, as instructed.

The new study says the concept works. However, it has run into political obstacles. The Bridge idea is opposed not only by teachers’ unions but by every civil society organization in Africa, which opposed the concept of privatizing African public schools. No matter how poorly resourced they are now, they will be destroyed by privatization. If the private companies can”t make money, how long will they stay?

I shared the new Kremer paper with an eminent economist, who responded, in part:

This approach seems crazy to me. Read section 9 of the paper which describes and explains the dramatic downsizing of the endeavor. That section confirms my initial response that the Bridge approach is ultimately likely to do far more harm than good. Shouldn’t young children have an opportunity to learn through play and personal engagement? Moreover, how does the approach deal with the fact that children develop at different rates and have different talents? And why would anyone who cares about children want to teach in such an environment? This is all very scary and disturbing.

Bill Gates and Mark Zuckerberg can’t be pleased to see that the model they funded has been reduced from 405 schools to 112 schools. The pupils it is supposed to serve can’t afford the fees. Nor can the governments in the nations where they are located.

Peter Coy should read more carefully before he touts an experiment that has already failed.

We are told again and again by libertarians that the free market solves all problems.

In Africa, it failed to provide better education at a price that families or governments can afford. Africa desperately needs more money for education, not for profits.

Bridge (NewGlobe) is not a model for American schools or the schools of any other nation.

Standardization is for electrical outlets and machines, not for children, teachers and education.

Perhaps you remember the A3 charter scam in California. The online charter chain managed to collect hundreds of millions of dollars from the state for ghost students. Its leaders were eventually arrested, charged, and convicted. They are still repaying their ill-gotten gains.

Kristina Taketa of the San Diego Union-Tribune reports that the latest installment of their restitution was $18.8 million.

She writes:

An additional $18.8 million has been paid to San Diego County as restitution for the statewide A3 charter school scam in which the state was defrauded of hundreds of millions of school dollars, the San Diego County District Attorney announced Wednesday.

Sean McManus of Australia, along with Jason Schrock of Long Beach, led a statewide charter school scheme from 2016 to 2019 in which they used a network of mostly online charter schools to defraud the state of approximately $400 million and used $50 million of that amount for personal use. They did so by falsely enrolling students and manipulating enrollment and attendance reporting across their schools to get more money per student than schools are supposed to, prosecutors said.

In total, about $240 million of the $400 million has been recovered. The District Attorney’s Office said it is not trying to get back all of the $400 million because some of the money ended up going to noncriminal actors, such as teachers, youth programs and others, who provided services for the A3 schools and who did not know the money was obtained illegally.

Of the $240 million that has been recovered, about $95 million has been returned to the state treasury, with an additional $90 million expected to be returned to the state within the next few months.

Debbie L. Sklar of the Times of San Diego provided more details on how the scam worked.

More than $37 million in fines has been paid to San Diego County as part of a court judgment stemming from a charter school fraud scheme that took millions in public school funds and led to criminal charges against 11 people, the San Diego County District Attorney’s Office announced Wednesday.

The total fine amount includes $18.75 million recently paid by Sean McManus, CEO and president of A3 Education, who pleaded guilty to stealing more than $50 million in public funds and was sentenced to four years in prison.

Prosecutors say McManus and co-defendant Jason Schrock directed subordinates to open up 19 “A3 charter schools” in San Diego County and elsewhere across the state, and collected state funds by alleging students were enrolled in programs run by the schools.

The District Attorney’s Office, which called the case “one of the nation’s largest fraud schemes targeting taxpayer dollars intended for primary education,” said the men paid for student information and used the info to enroll children in summer school programs at their online campuses. Prosecutors say some parents were unaware their children were enrolled in a charter school at all.

The defendants then took measures to inflate the amount of money the state paid the charter schools by falsifying documentation, which included backdating documents to indicate that students were enrolled in the charter schools for longer than they were or switching students between different A3 schools to increase funding per student or per school beyond legal limits, prosecutors said.

The perpetrators were very clever and very, very rich until they were caught.

In a curious coincidence, I had breakfast at a hotel in January 2019 in Newport Beach, California, with a friend. At the table next to us sat a man and woman discussing education and a business transaction. I tried not to eavesdrop, yet found myself fascinated by the curious combination of topics. As they got up to leave, I stopped the man and said, “Excuse me, but I wonder if you are in the charter school business.” He responded, “Yes, I am Sean McManus, and I run a chain of charter schools.” The boom fell not long after.