Archives for category: Privatization

Our reader Laura Chapman read the Supreme Court decision in the Espinoza case, both the majority decision and the dissents. The majority decision said that if a state offers a scholarship program for private schools, it must include religious schools. The dissenters, Chapman noted, pointed out that the Montana Supreme Court had already invalidated the private scholarship program. So the case was already moot because Montana no longer has a scholarship program for private schools! The Espinoza family will not get $150 (the amount that used to be paid to families that sought help in paying private school tuition) because Montana no longer offers scholarships to private schools, and thus will not be affected by today’s decision!

She wrote:

I downloaded the text of ESPINOZA ET AL. v. MONTANA DEPARTMENT OF REVENUE ET AL and read the dissents. Here are a few gems, all noting that the scholarship in question had already been made invalid by Montana’s Supreme Court !!

BREYER, J., filed a dissenting opinion, in which KAGAN, J., joined as to Part I.

I shall assume, for purposes of this opinion, that petitioners’ free exercise claim survived the Montana Supreme Court’s wholesale invalidation of the tax credit program. (This is a feature in all of the dissents. Essentially, the dissenters claim there is no case because the program was made vaporware by the Montana Supreme Court.)
Breyer then begins an extended discussion of “entanglements” of the Free Exercise Clause and the Establishment Clause: and concludes that “The majority’s approach and its conclusion in this case, I fear, risk the kind of entanglement and conflict that the Religion Clauses are intended to prevent. I consequently dissent.

Well, that is the summary, but it is followed by at least 6000 words, as if prepared to show his colleagues that he had considered a lot of precedents that had no direct bearing on the case, these dating back to Madison and Jefferson’s Wall of Separation in Antebellum Virginia, along with hypothetical questions about state funding for charter schools (with a 2003 citation).

GINSBURG, J., filed a dissenting opinion, in which KAGAN, J., joined.

Recall that the Montana court remedied the state constitutional violation by striking the scholarship program in its entirety. Under that decree, secular and sectarian schools alike are ineligible for benefits, so the decision cannot be said to entail differential treatment based on petitioners’ religion.

Put somewhat differently, petitioners argue that the Free Exercise Clause requires a State to treat institutions and people neutrally when doling out a benefit—and neutrally is how Montana treats them in the wake of the state court’s decision. Accordingly, the Montana Supreme Court’s decision does not place a burden on petitioners’ religious exercise. Petitioners may still send their children to a religious school. And the Montana Supreme Court’s decision does not pressure them to do otherwise.

SOTOMAYOR, J., filed a dissenting opinion.

The majority holds that a Montana scholarship program unlawfully discriminated against religious schools by excluding them from a tax benefit. The threshold problem, however, is that such tax benefits no longer exist for anyone in the State. The Montana Supreme Court invalidated the program on state-law grounds, thereby foreclosing the as-applied challenge petitioners raise here.

Indeed, nothing required the state court to uphold the program or the state legislature to maintain it. The Court nevertheless reframes the case and appears to ask whether a longstanding Montana constitutional provision is facially invalid under the Free Exercise Clause, even though petitioners disavowed bringing such a claim. But by resolving a constitutional question not presented, the Court fails to heed Article III principles older than the Religion Clause it expounds.

Laura Chapman added: I am not a lawyer, but I cannot understand why this case even got on the docket of the US. Supreme Court. It was settled in the Montana Supreme Court, made invalid, struck entirely.

The Network for Public Education has been tracking the charter schools that collected from the federal Paycheck Protectiin Program intended to help small businesses struggling to survive. The charter schools have not had any budget cuts, have lost no money, have not been struggling to pay employees, but their lobbyists get them included as eligible for the PPP funding, although public schools are not eligible.

The San Francisco Chronicle published a story about some of the charters in California that have applied for and received PPP money. You will not be surprised to see V that the Michelle Rhee-Kevin Johnson charter chain in Sacramento is among them.


WASHINGTON — Charter schools in the Bay Area received tens of millions of dollars from a federal coronavirus relief program intended for small businesses, money they say is necessary to stay afloat amid the pandemic.

The schools are alternatives to traditional public schools and are exempt from many state regulations related to class size, curriculum and teacher tenure, yet still receive state funding. Some of the Bay Area charters that got federal bailout money are also backed by Silicon Valley billionaires, and the board chairman of one school conceded that taking the aid could be an “optics issue.”

It’s the latest instance of the federal Paycheck Protection Program coming under scrutiny for giving money to businesses that fit the letter of the law, but which don’t fit the traditional notion of a small business. Among aid recipients were Shake Shack, the owner of Ruth’s Chris Steak House and the Los Angeles Lakers basketball team, all of which gave back the money after it was reported that they were beneficiaries.

But some Bay Area charters say they are well within the spirit of the program. Many teach students from low-income or lesser-served communities, and they say they will accept any resource that keeps their teachers paid and schools open amid uncertainty about state education budgets.

The federal aid is in the form of low-interest loans that recipients don’t have to repay if they meet certain requirements, including keeping all their employees on the payroll. During the initial window for loan applications in May, Bay Area charter schools received funds from the program in amounts ranging from a few hundred thousand to several million dollars.

How we reported the story.

The Chronicle was approached by Parents United for Public Schools and In the Public Interest, which oppose charter schools and the privatization of education, with research they had done on schools that had received aid under the federal Paycheck Protection Program. The Chronicle then independently verified the information and conducted further research, including contacting policy makers.

The Chronicle was able to review charter boards’ meeting videos, audio recordings, minutes, documents and agendas to identify loan amounts and recipients. The Chronicle then contacted high-dollar recipients and schools named in the story to verify the information and to give them an opportunity to share their perspective on taking the low-interest federal loans.

Fourteen charter schools or chains in Oakland combined to receive roughly $20 million from the program. They included Education for Change, which runs six schools in the city and received $5.25 million, and Lighthouse Community Public Schools, which has two campuses and got $2.3 million.

Eight charter schools or chains in Santa Clara County combined to receive roughly $20 million. All but one received at least $1.5 million. Summit Public Schools, which has three schools in the county and a total of eight in the Bay Area, received $6.8 million.

At least two schools in San Francisco received loans. San Francisco Creative Arts Charter School got nearly $600,000. Envision Education’s City Arts and Tech High School also received a loan, but says the money will go to its consulting business — not the school that is supported by public funds. It did not divulge the amount it received.

And the St. Hope charter schools in Sacramento, whose board is chaired by school choice advocate Michelle Rhee and which was founded by her husband, former Sacramento Mayor Kevin Johnson, received more than $1.5 million.

Some of the loans were first publicized by Parents United for Public Schools and In the Public Interest, which oppose charter schools and the privatization of education. The Chronicle independently verified their research and conducted its own.

Traditional public schools are not eligible for the Paycheck Protection Program, and state-funded charter schools’ access to the loans raises questions among their critics about fairness.

“Because charter schools are currently receiving full funding as public schools intended to maintain employees, while at the same time receiving funding as private entities that are also intended to maintain employees, taxpayers are left covering what appears to be the same bill twice,” the groups said in a report questioning whether Oakland schools were “double dipping” on funds.

The Wall Street Journal editorial board has three core beliefs about education.

1. Public schools are horrible.

2. Teachers’ unions are evil.

3. Non-unionized charters and vouchers are the remedy to all that ails American education.

Wrong. Wrong. Wrong.

The three highest performing states in the nation—Massachusetts, Connecticut, and New Jersey—have strong teachers’ unions. None of the non-union states are at the top of the National Assessment of Educational Progress. Unions fight for adequate resources and decent salaries for teachers, in addition to fighting for teachers’ right to fair treatment on the job. The resources help their students, and the job rights help retain career teachers.

Most recently the WSJ wrote a glowing editorial about the alleged success of vouchers in Florida, one of its favorite states because its governor and legislature have diverted $3 billion from public schools to non-union charters and vouchers. The editorialists are thrilled because Florida just recently expanded its voucher program.

Most vouchers in Florida are used in religious schools, most of which are evangelical Christian schools. The voucher schools are not required to take state tests. They are not required to be accountable in any way. They are not required to hire certified teachers or principals. The voucher schools are allowed to discriminate against gay students, staff, and families. They do not have to adopt the state standards and may use the Bible as their science textbook if they wish. The Orlando Sentinel wrote a revealing series about Florida’s voucher program, called “Schools Without Rules.”

Bear in mind that the size of a voucher—less than $8,000–guarantees that it will be accepted only by low-tuition schools, not by the schools of elite families, where tuition may be as high as $35,000-40,000 a year.

Here is the text of the WSJ editorial:

The headline is “Florida’s School Choice Blowout.”

The subtitle is: “The State Expands Its Successful K-12 Scholarship Program.”

Good news from Florida. Gov. Ron DeSantis on Thursday signed the biggest private school voucher expansion in U.S. history—giving families in Democratic, union-controlled states another reason to move to the Sunshine State.

Florida established the Family Empowerment Scholarship last year for low and middle-income families. The private school vouchers run between $6,775 and $7,250 per student depending on the grade level, and 87% of recipients come from households below 185% of the federal poverty level (about $48,470 for a family of four). Most are black or Hispanic.

Vouchers had been limited to 18,000 students this year with annual growth capped at about 7,000. This wasn’t enough to meet parental demand, and there are 35,000 eligible students on scholarship waiting lists. Republicans have now quadrupled the cap on annual growth so that 28,000 more students can benefit each year. If the voucher program’s capacity exceeds demand from eligible families, the new law will increase the household-income limit (currently 300% of the poverty line) by 25% so more middle-income families can apply. In short, supply of vouchers will now automatically expand to meet demand.

As a political trade, Mr. DeSantis gave public schools $500 million for salary increases—not that this appeased the teachers unions that oppose all school choice because it forces unionized public schools to compete for students. While voucher studies have shown mixed effects on academic performance, one reason is probably that giving parents more choice forces improvements at public schools. A National Bureau of Economic Research study this year found higher standardized test scores and lower absenteeism among students, especially low-income ones, who attended Florida public schools in areas where more students had access to private-school choice.

Notably, fourth-graders in Washington, D.C., and Miami-Dade in Florida showed the most improvement on the National Assessment of Educational Progress test scores among large urban school districts since 2011. Both Florida and Washington, D.C., offer robust private-school choice and have eliminated teacher tenure. By contrast, student scores in most districts including Houston, Philadelphia and Baltimore have been flat or declined.

Jeb Bush kicked off Florida’s school choice movement two decades ago, and Rick Scott (now Senator) and Mr. DeSantis have built on his success. More than 130,000 students in Florida now receive scholarships. Florida is helping to increase social mobility and future incomes by expanding educational opportunity for all.

Here are the facts:

Florida’s scores on the National Assessment of Educational Progress, a sample test of reading and mathematics in grades 4 and 8 for the nation, states, and some urban districts, have been mostly flat over the past decade. The NAEP scores don’t include voucher schools, because they are not held accountable in any way. The WSJ asserts that Florida is a great “success” story, that its fourth graders showed dramatic improvement from 2011-2019, but that is false. Why leave out the eighth graders? Could it be because the eighth grade scores in both Florida and Miami were flat?

Here are the NAEP results for 2019 in reading.

Here are the NAEP results in mathematics for 2019.

You can look at average scores over time for every state and for urban districts that asked to be tested, including Miami-Dade.

You can compare 2019 to previous years. The WSJ chose to compare 2019 to 2011, but I chose to compare 2019 to 2009. It’s not impressive for Florida or Miami no matter which year you choose.

Let’s check the progress of Florida and Miami on NAEP (public schools only):

Fourth grade reading: Scores unchanged since 2009.

Eighth grade reading: Scores unchanged since 2009.

Fourth grade mathematics: Scores unchanged since 2011 (Remember that Florida retains low-scoring third graders, which tends to inflate fourth -grade scores).

Eighth grade math: Scores unchanged from 2009-2019.

Since the WSJ refers to NAEP as evidence of Florida’s amazing performance, it’s worth noting that Florida has flat-lined for the last decade on NAEP.

We don’t know anything about the “success” of vouchers in Florida, since their students don’t take state tests or NAEP.

But we do know that rigorous voucher studies in other states—Louisiana, Ohio, Indiana, the District of Columbia—have shown that voucher students lose ground compared to their peers in public schools. (See here and here and here.)

Far from “expanding opportunity,” vouchers enable children to attend low-cost schools where they abandon their civil rights protections at the door, are instructed by uncertified teachers, and are likely to fall behind academically or return to their public school. One of the unexplored issues associated with voucher schools is their high attrition rates. When voucher boosters boast about their high school graduation rate, they fail to mention the number of kids who didn’t make it to senior year. Only the elitist Wall Street Journal would think of this as a boon for children and families.

The Relay “Graduate School of Education” was created by charter schools to train charter school teachers on test-score-raising and no-excuses discipline, while using Doug Lemov’s Bible “Teach Like a Champion.” It’s teachers mostly taught in charters.

Relay is called a graduate school, but it has no research faculty, no campus, no library, and at last review, no scholars or anyone with a doctorate.

Nonetheless, Relay has landed some contracts for professional development in districts run by corporate reformers and Broadies. The chancellor in D.C. is Lewis Ferebee, who previously led privatization efforts in Indianapolis.

In D.C., it does professional development for principals.

One principal in D.C. didn’t like Relay’s philosophy.

She was fired.

Parents were not happy.

Ceaira Richardson recited the challenges that make life in her Southeast D.C. neighborhood difficult.

Grocery options are sparse, making it tough to find fresh produce. Crime rates are higher than in other parts of the city. Keeping children safe is not always easy.

But she feels at ease at Lawrence E. Boone Elementary School, a recently modernized, light-filled campus not far from Richardson’s home. There, her three-year-old daughter is already reading. She senses teachers truly care about her child, so much so that she persuaded family members to send their children to the school.

“I told everybody, ‘Enroll in Boone. Enroll in Boone,’” Richardson said.

In recent months, Richardson and other members of the Boone community have rallied around the school’s principal, Carolyn Jackson-King, after they learned the veteran educator was fired and will not return to the position for the 2020-2021 academic year.

Teachers, parents and some D.C. lawmakers have demanded D.C. Public Schools reverse its decision. Jackson-King and her supporters say she was dismissed by the school system because she resisted teaching practices that educators at Boone felt were militaristic and racist.

“I just feel they attempted to control Black bodies,” Jackson-King said.

Ferebee had no comment.

Peter Greene tells the story of the Pacific Charter School, located in the Los Angeles District. When PCS got news that they were eligible to get millions of dollars from the federal Paycheck Protection Program—whose purpose was to save small businesses at risk of closing forever—they saw an opportunity, and they took it.

PCHS is a charter school, and like many other such outfits, they have heard the siren song of the Paycheck Protection Program, the loan program designed to help small businesses stay afloat during the current pandemic mess (the second one, meant to clean up after the first one that ran out of money almost instantly). They are not alone–many charter schools are deciding that, for purposes of grabbing some money, they will go ahead and admit they are small private businesses and not public schools. Two thirds of the charter school businesses in New Orleans have put in for the loans.

What makes Palisades special is that we have video of their board discussing the issues of accepting the loan. (A hat tip to Carl Peterson, who has been watching these folks for a while.)

The discussion of the loan starts in the video about six minutes into the May 12 meeting. Chief Business Officer Greg Wood brings the news to the board that they’ve found a bank (in Utah) and landed approval for a $4.6 million loan.

If you’re wondering if they agonized over issues like tying up four and a half million dollars that might otherwise have been used by an actual small bus9iness that is currently struggling to stay afloat, the answer is, not so much. Wood acknowledges that there could be some rough press with such a move; nobody much cares. A member also mentions that he has friends with small businesses who were not able to be approved. The group gets a little confused about whether or not they’re eligible for the loan, and one member says “Well, the answer is, let’s get it anyway.” Wood says that they could be seen as “double dipping.”

They are eligible, and Wood has already applied and been approved pending board approval. Wood doesn’t know if the loan will be forgivable. In particular he dances around the idea that in order for the loan to be forgivable, they might lose the freedom to fire staff as they wish.

Payback is steep– they get two years, with six months before repayment has to start and a big balloon payment at the end. This does not seem to bother the board because they are mostly considering to grab this money in the off chance that they might need it, and if they don’t need it, they can just give it back in two years– basically a line of credit just in case, which I’m sure would be a big comfort to a business that goes under because there is no money for them in the PPP. But this meeting is marked by phrases like “get the money while the getting’s good” and “get the loan first…worry about that part later.” No payback plan was raised.

A bitter coda to all this. There is just one public comment submitted to the meeting, from a woman who is a Pali High grad and who taught there for thirty years and who is retiring. She’s speaking up because the rest of the staff is afraid of retribution. The teachers worked 2019-2020 without a contract, and while the praise and attaboy’s they’ve gotten for making the pandemic-pushed jump to distance crisis schooling are swell, the board could put their money where their mouths are by offering the teachers a decent raise– particularly since it looks like PCHS is finishing the year with a $2 million surplus. Her comments are read into the record, and then the board just moves on to authorizing the bank that will manage the loan.

David Pettiette is a CPA who volunteered at a KIPP elementary school in Memphis. He was shocked when two KIPP schools suddenly closed their doors and left their families scrambling for a new school.

He wrote:

In April, it was announced that KIPP Memphis Preparatory Elementary and KIPP Memphis Preparatory Middle on Corry Road would be permanently closing without notice. Between the two schools, over 650 students have been displaced without so much as a plan or opportunity to rebut the decision.

The decision to close a school in an underserved community is not uncommon. It is however a decision that is typically given six months to a year’s notice, not April of the current school year. The Knowledge is Power Program (KIPP) is the largest network of public charter schools in the nation, with several schools in Memphis. With that size apparently comes unprecedented autonomy considering the schools’ primary funding is local and state money.

In an effort to limit bad press, KIPP offered a Q&A conference call to address the school closures so that the community’s voices could be heard. However, this session, which did not provide any A’s or responses from KIPP, was yet another unthoughtful decision made by the organization and proved to be an unsuitable forum.

Many families had trouble accessing the call due to technical difficulties generated from the third-party conferencing system used. The call itself went just about as you’d expect. It opened with two pre-recorded statements from KIPP’s board of directors and regional team, which were both vague and painfully insincere.

The comments from parents and staff were anxious, frustrated and morose –a wide variety of emotions. While listening to the call, I couldn’t help but think that the occasion warranted a more personal approach.

In reality, KIPP gave up. They gave up on their students, families, faculty and staff after only a few years of operation. Make no mistake, this was a financial decision that is inequitable to the historic Alcy Ball community in South Memphis.

KIPP cited a “failure to fulfill academic promise” which resulted in the closures, and the only excuse provided for the late notice was that they did not want to mislead the schools’ key stakeholders regarding their future.

This was a cheap and inaccurate shot at the integrity of the teachers and faculty, who spent money out of their own pockets to make sure that their students were adequately clothed, fed and supplied.

At the end of the day this decision is not what is best for the kids, who should have been KIPP’s only focus throughout this whole process. The situation is awful, but the approach was worse. If there is anyone looking for a textbook example of institutional racism, look no further.

Della Hasselle of the New Orleans Times-Picayune describes how charter schools in New Orleans have collected coronavirus relief funds from money meant for public schools as well as federal funds meant for small private businesses. Most received money from the Payroll Protection Program, up to $5.1 million for a single school, even though they have suffered no loss of revenues.


More than two-thirds of New Orleans’ charter school organizations have applied for federal loans through the congressional act to help keep businesses afloat during the coronavirus pandemic, garnering criticism from some groups for tapping into a program that hasn’t been available to traditional public schools.

Dozens of New Orleans schools have applied for Payroll Protection Program loans, aimed at shielding small businesses from closure due to COVID-19, according to interviews and a review of documents from over 40 boards operating schools in New Orleans.

At least a third of the charters had received loans, with officials from those organizations saying they got anywhere from about $97,000 to more than $5.1 million in funds, based on their payroll.

“The COVID-19 pandemic has severely impacted the city of New Orleans and created great economic uncertainty for our schools about how we can continue to operate, employ all of our employees, and not dramatically cut services for students, many of whom will return to school with learning gaps and needing additional social and emotional supports,” said Kate Mehok, CEO of Crescent City Schools, which received $3 million.

The money, which comes from a $349 billion stimulus established by the $2 trillion federal CARES Act, can be forgiven if all employees are kept on the payroll for eight weeks and if the money is used for salary, rent, mortgage interest, or utilities, according to the U.S. Small Business Administration, which along with the Treasury Department is implementing the program.

Critics had already lambasted charter schools around the country for the applications, accusing the non-profits of abusing their status and double-dipping, and were miffed to learn about the dozens of applications to come out of New Orleans, which this year became the first major American city to have no traditional schools.

Like traditional schools, local charters have already received some CARES Act funding through the Louisiana Department of Education. But unlike the charters, district-run schools weren’t eligible for the extra payroll loans.

The charter organizations each got hundreds of thousands of dollars from the $260 million doled out to districts and charters in late April as part of the Elementary and Secondary School Relief Fund, another part of the CARES Act, mostly for technology and distance learning.

I recently had a conversation with Julian Vasquez Heilig, the dean of the College of Education at the University of Kentucky.

Dr. Heilig discusses his own background, a trajectory that took him from Michigan to Stanford, then to Texas, California, and now Kentucky. He is a scholar and an activist who now seeks to lead a new conversation about education in a Kentucky, bringing the community into close connection with the schools.

I have known Julian since 2012, when he became a founding member of the board of the Network for Public Education.

His blog, “Cloaking Inequity,” is one of the liveliest on the web. He has a passion for equity and inclusion that shines through his scholarship, his blog, and his activism.

Karen Francisco, editor of the editorial page of the Fort Wayne Journal Gazette, is grateful that Indiana Governor Eric Holcomb will not cut the budget of the state’s schools, but wonders whether the state can afford to maintain more than one system of publicly-funded schools. She might well have also asked whether the state can afford a third system of privately-managed charter schools.

Currently, there are 326 private and religious schools in the state receiving $172.7 million annually. Taxpayers have paid more than $1 billion to non-public schools since the choice program began nine years ago. Researchers have found that voucher schools do not provide better education than public schools; typically the students in voucher schools perform worse than their peers in public schools or at best, keep up with them.

When the fall campaign season gets underway, Statehouse candidates should be prepared to share their views on the growing cost of funding two Indiana school systems. In a struggling economy, can we afford it?

As the cost of the voucher program increased by 7%, the number of students participating increased by just over 1%. Voucher enrollment actually declined in the fall, the first time in the program’s nine-year history, according to the report. But voucher eligibility was expanded to add a second enrollment period from Nov. 1 to Jan. 15, so that 459 more students enrolled for spring.

Coincidentally, President Donald Trump and Vice President Mike Pence chose this week to tout school choice as an answer to racial injustice.

“We’re fighting for school choice, which really is the civil rights of all time in this country,” Trump said in remarks in a White House Rose Garden news conference. “Frankly, school choice is the civil rights statement of the year, of the decade and probably beyond because all children have to have access to quality education.”

But Indiana’s school choice program is not a civil rights program.

Indiana’s Choice Scholarship program hasn’t seen a stampede of minority students to private and parochial schools. Fewer black students received vouchers this past year than in the previous school year. While the percentage of Indiana children younger than 18 who are black is 14%, the percentage of black students participating in the voucher program is 11.79%. Hispanic youth make up 25% of Indiana youth 18 and under but 22% receive vouchers. White youth make up 50% of Hoosiers under 18 but nearly 57% of voucher recipients.

Meanwhile, the costs of reopening the schools safely will be substantial. Last year’s budget will be I sifficient to ensure that schools can reopen safely. It is time to ask whether the state can afford two separate publicly-funded school systems.

This is an interview with Russ Roberts of the Hoover Institution about SLAYING GOLIATH.

The Hoover Institution has a huge endowment, and it is committed to free markets. Its funders do not like public schools. They disparage them as “government schools.” They like vouchers and charters.

Russ is a nice guy, and he believes in choice and charter schools. We disagreed. You might enjoy this podcast.

I was a Senior Fellow at Hoover from 1999-2009. Then when I realized that testing and choice were failing and were doing damage to schools and students, I left and began a campaign to stop what I once supported. At Hoover, testing and choice are dogma, and I no longer was a true believer. Hoover is situated on the Stanford University campus but has touchy relations with the university. While I was attached to Hoover, I donated my papers to the Hoover archives, which has a fabulous collection of personal papers of all sorts of people, including educators.