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North Carolina: Civil Rights Challenge Charter Schools’ Racial Segregation

By dianeravitch
May 19, 2020 //
5

Civil rights groups are suing to block the use of charter schools to desegregate public schools in North Carolina.

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May 18, 2020

LAWSUIT CHALLENGES NORTH CAROLINA LAW ALLOWING BREAKAWAY, SEGREGATED CHARTER SCHOOLS

By Wendy Lecker

Parents and civil rights groups in North Carolina have sued the State challenging a law passed in 2018 authorizing predominately white, wealthy towns in the Charlotte-Mecklenburg school district to break away and form town-run, separate charter school districts that could exclude non-town residents. In the lawsuit filed in Wake County Superior Court on April 30, plaintiffs charge that the law violates North Carolina’s state constitutional guarantees of a uniform public school system and equal protection and will exacerbate persistent racial and socio-economic segregation in the county district.

The plaintiffs in the case, North Carolina State Conference of the NAACP v. State, are the North Carolina State Conference of the NAACP, the Charlotte-Mecklenburg Branch of the NAACP and two parents with children in Charlotte-Mecklenburg Schools. They are represented by Mark Dorosin, Elizabeth Haddix and Genevieve Bondaies Torres of the Lawyers Committee for Civil Rights Under Law and the law firm of Tin, Fulton, Walker and Owen, P.L.L.C.

History of School Segregation in Charlotte-Mecklenburg Schools

Charlotte-Mecklenburg Schools (CMS) has a long history of school segregation. The district was the subject of a major desegregation case in the 1960’s, Swann v. Charlotte–Mecklenburg Board of Education. In that case, in 1971, the U.S. Supreme Court placed CMS under federal supervision to ensure school desegregation. In 1999, white parents succeeded in ending the desegregation order, and CMS was removed from federal court oversight.

CMS then implemented a voluntary, “neighborhood” school assignment plan which, over time, resulted in school resegregation within the district. By 2010, CMS was almost as de facto segregated as it was before Swann was filed to end de jure segregation.

In 2016, the CMS school board developed a plan to increase diversity and reduce the number of schools with high concentrations of poor students. The plan met with strong opposition by elected officials and parents in the mostly white and affluent towns of Cornelius, Huntersville, Matthews, and Mint Hill – all towns within the CMS district.

The Charter Breakaway Law

Desegregation opponents pushed the introduction of HB 514 in 2017 in the North Carolina legislature. The bill would allow the towns of Matthews and Mint Hill to establish municipal, and predominately white, charter schools with admissions preferences that would authorize by law the exclusion of non-resident, low-income students and students of color.

In an effort to appease legislators supporting the bill, the CMS board drastically scaled back its desegregation plan, limiting its effect to only 5% of the district’s students.

At the same time HB 514 was introduced, a State legislative committee studied the viability of breaking up large school districts in the state. That report concluded, in 2018, that breaking up large districts would exacerbate disparities in resources between high- and low-wealth schools and would provide no educational benefit.

In reaction, desegregation opponents dug in their heels and amended the municipal charter legislation to include the CMS towns of Cornelius and Huntersville. The bill passed in June 2018, and because it was considered local legislation, it did not require the governor’s signature under North Carolina law. In vetoing companion legislation to allow teachers in the new charter school district to participate in the state retirement and insurance programs, Governor Roy Cooper made clear that “municipal charter schools set a dangerous precedent that could lead to taxpayer funded resegregation.”

A companion funding bill was passed to facilitate the municipal charters under HB 514 by allowing towns to spend local property taxes to fund charter schools without requiring a voter referendum, as previously required by North Carolina law.

The plaintiffs in the current lawsuit charge that these new laws will drain resources from CMS, increase segregation in CMS, create segregated town charter schools, and deny low-income, non-white students equal access to higher-funded schools.

The Role of Charter Schools in School Segregation

This lawsuit is the latest in an emerging trend of litigation under education guarantees in state constitutions challenging states’ use of charter schools to foster segregation. In 2018, the Minnesota Supreme Court allowed a challenge to school segregation in Minneapolis-St. Paul to proceed to trial, noting that segregated schools cannot be “uniform” under that state’s constitution. Plaintiffs in that case charge that the formation of segregated charter schools in those cities and their exemption from desegregation plans play a major role in school segregation.

In February 2020, the New Jersey Supreme Court granted Education Law Center’s petition to review the Commissioner of Education’s approval of the expansion of charter schools in Newark without evaluating the charters’ segregative impact on the district or their negative impact on the educational resources available to students in Newark district schools.

Given the growing body of research documenting the lasting negative effects of segregation on the academic and life outcomes of public school students and a history of lax or almost no regulation by states over their charter school programs, these lawsuits seek to hold states accountable to ensure charter schools authorized by their laws do not undermine or jeopardize students’ rights to education under state constitutions.

Wendy Lecker is a Senior Attorney at Education Law Center

Press Contact:
Sharon Krengel
Policy and Outreach Director
Education Law Center
60 Park Place, Suite 300
Newark, NJ 07102
973-624-1815, ext. 24
skrengel@edlawcenter.org

Categories Accountability, Charter Schools, Civil Rights, North Carolina, Privatization, Segregation

Thomas Ultican: CREDO Studies Are Biased to Favor Charter Schools

By dianeravitch
May 18, 2020 //
5

Thomas Ultican investigated CREDO, the Stanford-Hoover organization that specializes in the study of charter school performance.

Ultican reviews the origin and history of CREDO and concludes that its long association with conservative and libertarian funders and groups influence its conclusions. He maintains that its methodology is flawed and biased to favor charter schools. He argues that its findings are meant to support privatization of public schools.

Categories Accountability, Charter Schools, Education Industry, Education Reform, Privatization

Nancy Bailey: Who Does the Biden/Sanders Education Unity Panel Unite?

By dianeravitch
May 17, 2020 //
64

Nancy Bailey is well aware of the dangers to public education today, especially the threats of privatization, data mining, and technological takeover. She saw that the campaigns of Joe Biden and Bernie Sanders created an education unity group and she wondered who was included and who was not included.

Here is her analysis.

She begins with who was left out:

Many want to say good riddance to Education Secretary Betsy DeVos and her boss. But educators and parents fighting for public education, and the ninety percent of students who attend public schools, deserve a more inclusive group of people to push back on harmful school reform. The Biden/Sanders Unity Education Task Force leaves much to be desired.

For example, parents of children with disabilities struggle to teach their children during Covid-19. Classes for their children were never fully funded before the disease. Sen. Bernie Sanders promised better in his Thurgood Marshall Plan. Searching with a magnifying glass, I see no representation for students with disabilities on this panel.

Black and brown parent advocates have started a petition to make the education task force more inclusive.

Where are the scholars from the: National Education Policy Center? Network for Public Education? Defending the Early Years? Economic Policy Center? Where are teachers from the Badass Teachers Association, or representation by those who organized and marched in the Red for Ed rallies? What about parents and school board members who fight for children?

Categories Accountability, Charter Schools, Corporate Reformers, Democrats, Education Industry, Privatization, Testing, Vouchers

Annie Abrams: Privatization Vultures Are Circling Our Public Schools

By dianeravitch
May 17, 2020 //
15

Writing in the New Republic, New York City public school teacher Annie Abrams warns about the vultures circling public schools during the pandemic, hoping to make remote learning a feature, not a temporary emergency measure.

She cites the recent comments by Governor Cuomo about the seeming obsolescence of “all these buildings, all these physical classrooms; why, with all the technology you have?” And, of course, his invitation to Bill Gates of all people to “reimagine education” in the state. She might have also cited any number of statements by anti-public school individuals like Betsy DeVos and Jeanne Allen of the Center for Education Reform, which supports every kind of school except public schools.

Abrams knows that distance learning cannot replace the person-to-person contact that happens in physical classrooms.

Meaningful education is built on connection, and fostering relationships requires proximity. This is what a classroom does. It’s a space for students to establish relationships while experimenting with being in public. And while we don’t yet know the details of Cuomo’s plan, there’s reason to be suspicious. The Gates Foundation’s top-down approach to education reform, along with Cuomo’s history of supporting charter schools, inconsistency around unions, and exclusion of New York City educators from the project’s council, suggest a deeply undemocratic push to defund and privatize the public school system.

American public schools—“all these buildings, all these physical classrooms”—are cultural spaces as much as they are physical locations. Cuomo’s reimagining threatens to flatten public education into informational transaction, turning teachers into tech support in the process…

It’s clear students, at least, understand much of what our political leaders can’t grasp about public education. My students miss the dynamism and zaniness that define a classroom of adolescents, and they miss momentary escape from their defining roles at home. They know what school is, both what they’re there to do and what I’m there to do with them. When I write college recommendations, I ask students to submit a questionnaire reflecting on our time together. Last year, one said, “Writing became something you encouraged us to do when we felt most confused or frustrated, times when I was most likely to give up on doing something. I began to see writing as a way to convince people about the things that meant a lot to me.” Reading students’ faces, peering over their shoulders, and responding to their frustrations and their breakthroughs is integral to helping them match tools to occasions. This sounds saccharine, but it’s real. Those relationships are harder to cultivate on a screen.

The privatizers are choosing a moment of economic catastrophe to pitch their siren call to make distance learning permanent. It is cheaper, but it is not better. As we have seen from the dismal results of virtual charter schools, online “learning” is horrible.

Abrams argues that remote learning can never replace the learning that occurs in physical classrooms:

The American public school classroom should be an empowering space. A weird, messy, vital place of experimentation and collaboration. Public schools facilitate that opportunity for students, to think both critically and imaginatively and to agree on some kind of common reality. In the best cases, public education helps students situate themselves among broader communities than they may otherwise encounter while building civic trust. It helps them become adults, slowly, clumsily, day by day. There’s no app-based replacement for that.

She knows it. I know it. But do the politicians know it? Their current plans involve slashing the budgets of public schools at a time when the schools need to cut class sizes to protect the health and safety of students and staff.

Think about the massive tax cuts of December 2017 that lowered the taxes of wealthy individuals and big corporations. Think about the corporate handouts tucked into the Coronavirus Relief program. Then ponder why our political leaders are about to cut billions of dollars from our schools and our children.

Categories Accountability, Budget Cuts, Education Industry, Education Reform, Funding, Privatization, Technology

Watch Randi and Me Talk about What Happens Next

By dianeravitch
May 15, 2020 //
16

Randi Weingarten and I talked about what happens next: after the pandemic, how we protect schools and children from “opportunistic” tech entrepreneurs, what does Cuomo have up his sleeve, can we trust Biden to ditch Race to the Top bogus ideas?

Our conversation was recorded and live-streamed by the Network for Public Education. Carol Burris introduced us. The conversation wa facilitated by Darcie Cimarusti and Marla Kilfoyle, the fabulous staff of NPE.

Categories Accountability, Biden, Charter Schools, Education Industry, Education Reform, For-Profit, Privatization, Race to the Top, Testing, Vouchers

Education Law Center: States Should Reject DeVos’ Proposal to Fund Elite Private Schools

By dianeravitch
May 12, 2020 //
8

NEW JERSEY MUST REJECT EDUCATION SECRETARY DEVOS’ ADVICE TO GIVE EMERGENCY COVID-19 FUNDS EVEN TO WEALTHY PRIVATE SCHOOLS

Education Law Center is urging New Jersey Governor Phil Murphy to firmly reject a non-binding directive from U.S. Secretary of Education Betsy DeVos to set aside federal emergency relief funds under the Coronavirus Aid, Relief and Economic Security (CARES) Act for all private school students, even the most wealthy.

In a May 11 letter to Governor Murphy, ELC explains that Secretary DeVos’ guidance to New Jersey and other states to allocate CARES Act funds to all private school students, without regard for income level, is based on a patent misreading of the express terms of the CARES Act and the federal Title I statute, which governs the distribution of CARES Act funding to local school districts. ELC further explains that Secretary DeVos’ flawed legal interpretation would also significantly diminish the resources available to New Jersey school districts to provide effective and equitable remote learning opportunities while students are sheltering at home to prevent the spread of COVID-19.

“This erroneous guidance lays bare Secretary DeVos’ personal agenda for reducing federal emergency CARES Act funds to public schools and redirecting as much of that funding as possible to private schools,” said David Sciarra, ELC Executive Director. “By advising that even the wealthiest students in the most expensive private schools should receive services paid for with CARES Act funds, the guidance would lead New Jersey and other states to divert millions of dollars critically needed by public school students, including access to continuing instruction while their schools are closed.”

Estimates based on 2017 census data show that New Jersey’s high poverty districts will be most impacted by following Secretary DeVos’ directive given the differences between the poverty rates of the district as a whole and those of private school students.

For example, in Jersey City, 12% of the district school-aged population attend private schools, while only 14% of those students are poor. Following DeVos’ directive would mean diverting nearly $1 million more of the CARES Act funds from Jersey City public school students, 30% of whom are poor.

Similarly, in Passaic City, an estimated 16% of students attend private schools, but only 10% of those students are poor. In Passaic public schools, 51% of students are poor. Using Secretary DeVos’ preferred approach would increase the amount of federal CARES Act funds reserved for private school students from $300,000 to $1.4 million.

ELC also underscores that rejecting Secretary DeVos’ directive is compelled by New Jersey’s constitutional obligation to “provide for the maintenance and support of a thorough and efficient system of free public schools” for all students. As the New Jersey Supreme Court affirmed in the landmark Abbott v. Burke rulings, public school students have a fundamental right to an education that prepares them to be informed citizens and productive members of society and that right “must remain prominent, paramount and fully protected.”

Beyond New Jersey, ELC is calling on governors and education officials to decline Secretary DeVos’ legally improper directives and ensure maximum CARES Act funds to enable school districts across the country to bring an end to the digital divide.

Press Contact:
Sharon Krengel
Policy and Outreach Director
Education Law Center
60 Park Place, Suite 300
Newark, NJ 07102
973-624-1815, ext. 24
skrengel@edlawcenter.org

Categories Accountability, Betsy DeVos, Education Reform, Funding, Privatization

Laura Chapman: Bad News from Ohio

By dianeravitch
May 11, 2020 //
4

Laura Chapman reports on budget cuts to schools in Ohio, which hurt public schools but protect charters and vouchers.

She writes:

Bad news from Ohio again. Not quite Lord of the Flies (fiction or non-fiction truth)

This week, Governor DeWine is proposing $355 million in K-12 education cuts with $300 million coming out of foundation aid to local school districts from the current state budget that expires in July.

While public education accounts for about 42% of state expenditures, it will absorb about 45.8% of the loss.

He has not asked private schools that take public funds to sacrifice anything. This proposed cut will exacerbate the underfunding of public schools in favor of EdChoice vouchers that raid public school dollars for private schools.

In addition public school funds should not be supporting charter schools that are the pet project of billionaires who think they are entitled to raid public dollars for their preferred undemocratic system of education.

This proposed cut will shift a large portion of public school funding from the state to local districts. I have not looked at all of DeWine’s proposed budget cuts but these sure look like they are designed to hit public schools and favor private schools as well as charters schools that have declared they are eligible for small business loans, these likely to be foregiven.

If you are in Ohio, please open the link below and follow-up with emails to the people who are planning for this cut to be passed well before school starts. Start with this link:

https://mailchi.mp/ac594ace4a33/action-alert-355-million-in-education-cuts-in-ohio?e=ba8653e702

Categories Accountability, Charter Schools, Corporate Reformers, Education Industry, Education Reform, Ohio, Privatization, Vouchers

Denis Smith: Is Andrew Brenner the Dumbest Politician in Ohio?

By dianeravitch
May 9, 2020 //
13

Perhaps you have never heard of State Senator Andrew Brenner. Read Denis Smith’s recent post about Brenner, and you will learn about an elected official who is “radioactive,” “disingenuous,” tone-deaf, and possibly the dumbest elected official in Ohio.

While chairing the education committee, he described public education as “socialist.”

But that’s only a small part of his infamy.

Smith writes:

Yes, the ever-radioactive Andrew Brenner who with his meanness and bountiful bile is capable of producing Strontium-90 by the megaton, set off yet another chain reaction through his defense of his wife Sara Marie Brenner and her comments about state policies intended to deal with the pandemic.

It was only fitting that Brenner, whose use of social media to heap scorn on his opponents and ridicule those not of the lunatic fringe, set off a barrage from critics when he responded to a posting by his wife:

“This actually feels like Hitler’s Germany,” Sara Marie posted on her Facebook page.

“Sen. Brenner responded: “We will never allow that to happen in Ohio.””

Brenner’s targeting of Ohio Governor Mike DeWine and state health director Dr. Amy Acton generated this retort from Darrel Rowland of the Columbus Dispatch.

That the comments came on Holocaust Remembrance Day and that Acton is Jewish ensured their enshrinement in the crowded hall of fame for political stupidity.

With Brenner, the half-life of his tone deafness, aka political stupidity, is another measure of his increasing radioactivity among Ohio voters.

Lest we forget about Brenner’s serial bad behavior, let’s examine a few milestones in his less than illustrious history as a member of the Ohio General Assembly.

In 2014, as part of a blog post, Brenner made national headlines when he wrote that “Public education in America is socialism… Privatize everything and the results will speak for themselves.” He must have forgotten about other public functions, including our socialist public safety departments, socialist public libraries, socialist highway department, and the socialist state health department headed by Dr. Acton.

In 2015, Brenner compared Planned Parenthood to Nazis. (There’s something about Andy and Nazis, isn’t there?)

He is a pro-gun zealot, of course.

With a guy like this shaping education policy, you can understand why Ohio is in trouble.

Categories Accountability, Charter Schools, Education Industry, Education Reform, Ohio, Privatization, Vouchers

Naomi Klein: Beware the Tech Billionaires and Their “Pandemic Shock Doctrine”

By dianeravitch
May 9, 2020 //
44

Naomi Klein coined the iconic book Shock Doctrine, about the way that the powerful elites use emergencies to expand their power because of the crisis. New Orleans was one of her prime examples of “disaster capitalism,” where the devastation of a giant hurricane created an opportunity to break the teachers union and privatize the public school system.

In this brilliant essay, published in The Intercept, Klein describes the many ways in which the plutocrats of the tech industry are turning the pandemic into a gold mine for themselves and planning a dystopian future for the rest of us.

Please read this provocative and frightening essay, which has numerous links to support her argument.

What she details is not just a threat to our privacy and our institutions but to our democracy and our freedom.

It is no coincidence, she writes, that Governor Andrew Cuomo is enlisting a team of tech billionaires to reimagine the future of the Empire State. They know exactly what they want, and it’s up to us to stop them.

She writes:

It has taken some time to gel, but something resembling a coherent Pandemic Shock Doctrine is beginning to emerge. Call it the “Screen New Deal.” Far more high-tech than anything we have seen during previous disasters, the future that is being rushed into being as the bodies still pile up treats our past weeks of physical isolation not as a painful necessity to save lives, but as a living laboratory for a permanent — and highly profitable — no-touch future.

Anuja Sonalker, CEO of Steer Tech, a Maryland-based company selling self-parking technology, recently summed up the new virus-personalized pitch. “There has been a distinct warming up to human-less, contactless technology,” she said. “Humans are biohazards, machines are not.”

It’s a future in which our homes are never again exclusively personal spaces but are also, via high-speed digital connectivity, our schools, our doctor’s offices, our gyms, and, if determined by the state, our jails. Of course, for many of us, those same homes were already turning into our never-off workplaces and our primary entertainment venues before the pandemic, and surveillance incarceration “in the community” was already booming. But in the future under hasty construction, all of these trends are poised for a warp-speed acceleration.

This is a future in which, for the privileged, almost everything is home delivered, either virtually via streaming and cloud technology, or physically via driverless vehicle or drone, then screen “shared” on a mediated platform. It’s a future that employs far fewer teachers, doctors, and drivers. It accepts no cash or credit cards (under guise of virus control) and has skeletal mass transit and far less live art. It’s a future that claims to be run on “artificial intelligence” but is actually held together by tens of millions of anonymous workers tucked away in warehouses, data centers, content moderation mills, electronic sweatshops, lithium mines, industrial farms, meat-processing plants, and prisons, where they are left unprotected from disease and hyperexploition. It’s a future in which our every move, our every word, our every relationship is trackable, traceable, and data-mineable by unprecedented collaborations between government and tech giants.

If all of this sounds familiar it’s because, pre-Covid, this precise app-driven, gig-fueled future was being sold to us in the name of convenience, frictionlessness, and personalization. But many of us had concerns. About the security, quality, and inequity of telehealth and online classrooms. About driverless cars mowing down pedestrians and drones smashing packages (and people). About location tracking and cash-free commerce obliterating our privacy and entrenching racial and gender discrimination. About unscrupulous social media platforms poisoning our information ecology and our kids’ mental health. About “smart cities” filled with sensors supplanting local government. About the good jobs these technologies wiped out. About the bad jobs they mass produced.

And most of all, we had concerns about the democracy-threatening wealth and power accumulated by a handful of tech companies that are masters of abdication — eschewing all responsibility for the wreckage left behind in the fields they now dominate, whether media, retail, or transportation.

That was the ancient past known as February. Today, a great many of those well-founded concerns are being swept away by a tidal wave of panic, and this warmed-over dystopia is going through a rush-job rebranding. Now, against a harrowing backdrop of mass death, it is being sold to us on the dubious promise that these technologies are the only possible way to pandemic-proof our lives, the indispensable keys to keeping ourselves and our loved ones safe.

Categories Billionaires, Data and Data Mining, Democracy, Disruption, Education Reform, Gates Foundation, Bill Gates, Online Education, Privacy, Privatization

Nancy Bailey: How Betsy DeVos Fostered Squalid Learning Conditions in Detroit

By dianeravitch
May 7, 2020 //
8

Nancy Bailey just keeps getting better and better as she points her pen and her blog at malfeasance in education.

In this post, she points to the recent landmark decision that recognized that the children of Detroit have a right to literacy, a right not previously acknowledged by any court (or overturned on appeal). The court quite correctly decided that young people cannot exercise their rights and responsibilities as citizens if they can’t read.

What is DeVos’s role in the Detroit debacle? She has spent large sums of money to promote the false idea that the way to improve education is to expand school choice. Detroit is her handiwork, and it proves the failure of school choice. What she purchased was widespread inequity and inadequacy.

Open the link to read the full article and see the links to other sources.

Bailey writes:

The Detroit landmark decision that children deserve to learn to read in school is a case that reflects decades of troubled education in Detroit. Education Secretary Betsy DeVos and school privatization are not mentioned in this case. But school privatization initiatives have been failing children in the Motor City for years. DeVos is the current face of a long line of those peddling such reforms.

Harmful school reform initiatives go back to Gov. John Engler’s administration. Many school reformers, both Republican and Democrat, have their fingerprints on the crime scene. The DeVos family is from Michigan and has affected Detroit and school reform there for years.

The U.S. Sixth Circuit Court of Appeals has ruled in favor of Detroit students who claim they were denied their rights to a “basic minimum education.” Called the “Right to Read” lawsuit, Gary B. v. Whitmer exposes the decrepit conditions found in schools run by State leaders who failed to support Detroit’s students. The case was originally filed under former Gov. Rick Snyder’s administration.

It’s critical to recognize DeVos’s connection to the Detroit school failures. During this pandemic she is flagrantly redirecting public money to the same privatization agenda. It puts democratic public schools in jeopardy, like schools were put at risk in Detroit. Here’s a petition you can sign now to try and stop her.

School privatization cheerleaders have for years promoted the idea that choice will equalize education by giving parents choices. They’ve pushed for online charter schools and school turnarounds that get tough on teachers and students of color. Choice failed in Detroit.

Reading

Schools had no literacy programs.

The case describes what good reading instruction should consist of in school. Sometimes it appears to be delving into the Reading Wars, emphasizing the loss of explicit phonics.

The trouble is, one can’t get to a debate over how students learn to read, without overcoming the fact that students have untrained teachers and an atrocious learning environment.

It’s troubling to think the case might result in only professional development and a push for unproven programs, even online reading programs, that don’t address the need for creating quality schools, professional teachers, and more individualized attention for the children of Detroit.

School Buildings

Poor school conditions have been a part of Detroit’s schools for years. Students struggle to learn in slum-like conditions, no air-conditioning in the summer, freezing temperatures in the winter. Who can forget these pictures from 2016, the year the case was filed?

Vermin, mold, and contaminated drinking water plague the schools. Bullets, dead vermin, condoms, and sex toys have been found on the playground. Fire safety equipment and fire regulations are missing.

Betsy DeVos’s mantra is that education is about students and not buildings. She has done nothing to improve the condition of schools in Detroit or around the country.

Lacking Resources

Teaching resources were deficient. The case describes classrooms without enough textbooks, and old books that haven’t been updated in years.

The only school library mentioned had no librarian and was locked!

Categories Accountability, Betsy DeVos, Charter Schools, Corporate Reformers, Detroit, Education Industry, Failure, Funding, Inequity, Injustice, Privatization
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