Archives for category: U.S. Department of Education

 

Back in March 2019, Carol Burris and Jeff Bryant released a study of the federal Charter Schools Program on behalf of the Network for Public Education.. That study, “Asleep at the Wheel,” found that about a third of the charters that received federal grants in the $440 million program either never opened or closed soon after opening. The amount of money wasted was about $1 billion over several years. The Department of Education failed to monitor wherevthe Money was going and how it was spent.

Burris has been analyzing states that received federal charter money and has concluded that the initial estimates were understated. In the states she has reviewed, 40% of the charters were failures. Some had no name. Some were not even charters.

The extent of waste, fraud, and abuse in the federal CSP is appalling, as is the ED department’s failure to pay attention to where the money goes.

The initial impulse for the CSP, created during the Clinton administration, was to jumpstart innovation. Now, it is a slush fund for Friends of Betsy and a ready supplier of millions to big corporate charter chains like KIPP (which recently got a federal check for $86 million) and IDEA (which has collected $225 million in two years). Neither of these corporate behemoths are start-ups. Neither is needy.

Congress should eliminate the federal Charter Schools Program. It feels no need, other than greed.

Next time you meet a candidate at a town hall, ask him or her if they will pledge to eliminate this wasteful slush fund.

 

The U.S. Department of Education criticized Eva Moskowitz for releasing the private disciplinary record of a student whose mother repeatedly criticized the school. This comes soon after the ED awarded Success Academy $10 Million to expand.

 

Leonie Haimson, advocate for student privacy,  comments:

This press release is also posted here.

 

For immediate release: June 4, 2019

For more information contact Leonie Haimson, leoniehaimson@gmail.com; 917-435-9329.

 

 

US Department of Education finds Eva Moskowitz and Success Academy repeatedly violated a child’s privacy according to FERPA

 

On Monday, June 2, 2019, Fatima Geidi finally received a response to a FERPA complaint she filed more than three and half years ago with the US Department of Education. The Student Privacy Policy Office of the Department of Education found that her FERPA complaint against Eva Moskowitz and Success Academy charter schools was justified and that they had indeed repeatedly violated her son’s privacy rights.  The official findings letter to Ms. Moskowitz, dated May 31, 2019, is here.

 

On October 31, 2015, Ms. Geidi filed a complaint detailing how Eva Moskowitz, CEO of Success Academy charter schools, had revealed details of her son’s disciplinary records to the media and on her website.  Ms. Moskowitz made these disclosures in order to retaliate against Ms. Geidi and her son after they had appeared on the PBS News Hour to report how he had been repeatedly suspended at one of her schools.  Her original FERPA complaint is posted here.

 

Yet the US Department of Education waited more than two years to even launch an investigation into her complaint.  In the meantime, Ms. Moskowitz included many of the same exaggerated charges against Ms. Geidi’s son on several pages of her memoir, The Education of Eva Moskowitz, that was published in September 2017.   When Ms. Geidi noticed these passages in a bookstore, she filed a second FERPA complaint on December 20, 2017.

 

Last week, the US Department of Education refused to accept the weak rationalizations offered by the Success Academy legal staff about these disclosures and found that in both cases, they were flagrant violations of FERPA.

 

Yet in order to address these violations, Frank Miller, Deputy Director of the Student Privacy Policy Office, wrote that Success Academy must merely ensure that  “school officials have or will receive training on the requirements of FERPA as they relate to the issues in this complaint.”  He refrained from imposing any penalties or demanding that the offending passages be deleted from Eva Moskowitz’ book – a book  that is still for sale on Amazon and in bookstores all across the United States.

 

As Fatima Geidi said, “While I am glad that the US Department of Education agreed that Ms. Moskowitz and Success Academy repeatedly violated my child’s privacy by disclosing trumped-up details of his education records to the media, on the Success website and in her book, I am furious that they failed to fine her, or at the very least, demand that she take the offending passages out of her book. Because the Department of Education waited over two years to respond to my initial FERPA complaint,  Eva Moskowitz illegally put the same information (false by the way) about my child in a book where it may remain forever.  This is unacceptable, and I demand that the illegal passages from the book be deleted.”

 

Leonie Haimson, co-chair of the Parent Coalition for Student Privacy, said, “Ms. Moskowitz and Success Academy have repeatedly violated FERPA in order to retaliate against parents who dare reveal how she abuses children and pushes them out of her charter schools.  These illegal disclosures happened again just last month, in the case of Lisa Vasquez and her daughter, as reported in a Chalkbeat article.  On May 9, 2019, Ms. Vasquez filed a FERPA complaint with the US Department of Education and the NY State Education Chief Privacy Officer.   Her FERPA complaint is posted on our blog, where we point to other privacy violations by Success charter schools. Simply asking for Success staff to receive privacy training  will likely prove no real deterrence to Eva Moskowitz.  Instead she and her staff will likely continue to flagrantly violate their students’ privacy with impunity in the future.” 

 

The  US Department of Education has provided more than $37 million in discretionary grants to Success Academy since 2010, including nearly $10 million awarded in April 2019.  Its officials should be required to explain why they chose not to withhold any federal funds from her schools, and worse, will allow the offending passages in Ms. Moskowitz’ book to remain in perpetuity. The unacceptable delay of more than three and a half years in responding to Ms. Geidi’s initial complaint and the lack of an meaningful response by the Department provides further evidence as to why parents should be able to sue for damages under FERPA when their children’s right to privacy has been violated.

 

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A group of leaders in Congress wrote to Betsy DeVos to complain about her Department’s failure to demand accountability from the Charter Schools that win federal funding. She has $440 million to hand out to charters, and she has chosen to shower millions on corporate charter chains like IDEA, KIPP, and Success Academy. All of these chains are super rich. They don’t need federal aid.

The charter industry is angry because the House Appropriations Committee cut Betsy DeVos’s request from $500 million to $400 million. Tough. She uses the Charter School Program as her personal slush fund.

The fact is that the charter industry wants to play a game of pretending to be progressive while sleeping with Trump and DeVos. Sorry, that doesn’t make sense. You can’t be funded by rightwing ideologues and still be “liberal.” You can’t take Walton money and pretend to be progressive. You can’t be anti-union, pro-segregation and claim to be progressive. Nope.

As the charter industry grows more defensive, watch them cry  “racism.” Please note that many of the signatories of this letter are Black and Hispanic. Note that one of them is Jahana Hayes, the Connecticut Teacher of the Year who was elected in 2018.

The letter can be found here.

 

CNN says that Senator Bernie Sanders will deliver a major address on education on Saturday. 

He will call for a flat ban on for-profit charters.

He supports the NAACP’s call for a moratorium on new charters.

Most important is this:

The Vermont independent also will call for a moratorium on the funding of all public charter school expansion until a national audit on the schools has been completed. Additionally, Sanders will promise to halt the use of public funds to underwrite all new charter schools if he is elected president.

That would mean elimination of the federal charter slush fund, which has wasted nearly $1 billion on schools that never opened or that closed soon after opening. This program, called the Charter Schools Program, was initiated in 1994 to spur innovation. It is currently funded at $440 million a year. Secretary DeVos used the CSP  to give $89 million to KIPP, which is already amply funded by the Waltons, Gates, and other billionaires and is not a needy recipient. She also has given $225 million to IDEA, part of which will be applied to opening 20 charters in El Paso.

If Senator Sanders means to eliminate CSP, that’s a very good step forward.

Every other Democratic candidate should be asked what they will do about the federal charter slush fund.

 

Jan Resseger has another brilliant article about the charter school strategy of privatization paid for by federal funding. 

Betsy DeVos wants to cut most of the programs in the Department of Education but has asked for an increase of charter school funding, from $440 million to $500 million a year. This year she used that funding to give $82 million to KIPP and $116 million to the IDEA charter chain, which is known for high attrition rates.

She cites an article by Jeff Bryant, a co-author of the NPE study of the federal Charter School Program, which concluded that about one of three charter schools funded by the federal government never opens or closes soon after opening. In some states, the failed charters were even more than 1/3.

In Michigan, 42 percent of the federal dollars granted by CSP were wasted on schools that never opened or subsequently closed. The percentage of failure was similar in Ohio (40 percent), Louisiana (46 percent), California (38 percent), and Florida (36 percent).

Resseger notes that Matt Barnum of Chalkbeat wonders whether the size of the grants to KIPP and IDEA, not mom-and-pop charters to be sure, will fuel the growing backlash to privatization by charters.

Resseger makes clear that charters damage public schools by defunding them.

The effect of charter school expansion is a serious threat to the finances of traditional public school districts. When students leave a public school system to attend a charter school they carry away money from the school district’s budget. There are charter promoters who allege that, because the exiting students no longer require the services public school districts are providing, the fiscal impact is neutral.  However, the political economist, Gordon Lafer counters this argument forcefully in a report published a year ago by In the Public Interest: “To the casual observer, it may not be obvious why charter schools should create any net costs at all for their home districts. To grasp why they do, it is necessary to understand the structural differences between the challenge of operating a single school—or even a local chain of schools—and that of a district-wide system operating tens or hundreds of schools and charged with the legal responsibility to serve all students in the community.  When a new charter school opens, it typically fills its classrooms by drawing students away from existing schools in the district. By California state law, school funding is based on student attendance; when a student moves from a traditional public school to a charter school, her pro-rated share of school funding follows her to the new school. Thus, the expansion of charter schools necessarily entails lost funding for traditional public schools and school districts. If schools and district offices could simply reduce their own expenses in proportion to the lost revenue, there would be no fiscal shortfall. Unfortunately this is not the case.”

Lafer continues, detailing the costs public school districts cannot immediately cut when students leave for charter schools: “If, for instance, a given school loses five percent of its student body—and that loss is spread across multiple grade levels, the school may be unable to lay off even a single teacher… Plus, the costs of maintaining school buildings cannot be reduced…. Unless the enrollment falloff is so steep as to force school closures, the expense of heating and cooling schools, running cafeterias, maintaining digital and wireless technologies, and paving parking lots—all of this is unchanged by modest declines in enrollment. In addition, both individual schools and school districts bear significant administrative responsibilities that cannot be cut in response to falling enrollment. These include planning bus routes and operating transportation systems; developing and auditing budgets; managing teacher training and employee benefits; applying for grants and certifying compliance with federal and state regulations; and the everyday work of principals, librarians and guidance counselors.” “If a school district anywhere in the country—in the absence of charter schools—announced that it wanted to create a second system-within-a-system, with a new set of schools whose number, size, specialization, budget, and geographic locations would not be coordinated with the existing school system, we would regard this as the poster child of government inefficiency and a waste of tax dollars. But this is indeed how the charter school system functions.”

 

 

Jan Resseger is a voice of moral clarity in a time of moral turpitude.she reflected on the NPE report “Asleep At the Wheel,” about the slipshod, failed federal program to pump money into the charter industry and concluded the program should be terminated, with the money transferred to high-needs schools. 

She writes:

“The Network for Public Education published its scathing report on the federal Charter Schools Program three weeks ago, but as time passes, I continue to reflect on its conclusions. The report, Asleep at the Wheel: How the Federal Charter Schools Program Recklessly Takes Taxpayers and Students for a Ride, is packed with details about failed or closed or never-opened charter schools.  The Network for Public Education depicts a program driven by neoliberal politicians hoping to spark innovation in a marketplace of unregulated startups underwritten by the federal government. The record of this 25 year federal program is dismal.

“Here is what the Network for Public Education’s report shows us. The federal Charter Schools Program (CSP) has awarded $4 billion federal tax dollars to start or expand charter schools across 44 states and the District of Columbia, and has provided some of the funding for 40 percent of all the charter schools that have been started across the country. Begun when Bill Clinton was President, this neoliberal—publicly funded, privatized—program has been supported by Democratic and Republican administrations alike.  It has lacked oversight since the beginning, and during the Obama and Trump administrations—when the Department of Education’s own Office of Inspector General released a series of scathing critiques of the program—grants have been made based on the application alone with little attempt by officials in the Department of Education to verify the information provided by applicants.  Hundreds of millions of dollars have been awarded to schools that never opened or that were shut down: “We found that it is likely that as many as one third of all charter schools receiving CSP grants never opened, or opened and shut down.”  Many grants went to schools that illegally discriminated in some way to choose their students and served far fewer disabled students and English language learners than the local pubic schools.  Many of the CSP-funded charter schools were plagued by conflicts of interest profiteering, and mismanagement. The Department of Education has never investigated the scathing critiques of the program by the Department’s Office of Inspector Genera; neither has the Department of Education investigated the oversight practices of the state-by-state departments of education, called State Education Agencies by CSP, to which many of the grants were made. Oversight has declined under the Department’s leadership by Betsy DeVos.

“One of the shocking findings in the Asleep at the Wheel report is that a series of federal administrations—Clinton, Bush, Obama, and Trump have treated this program as a kind of venture capital fund created and administered to stimulate social entrepreneurship—by individuals or big nonprofits or huge for-profits—as a substitute for public operation of the public schools. This use of the Charter Schools Program as a source for venture capital is especially shocking in the past decade under Presidents Obama and Trump, even as federal funding for essential public school programs has fallen. The Center on Budget and Policy priorities reports, for example, that public Title I formula funding dropped by 6.2 percent between 2008 and 2017.”

Betsy DeVos defended the high failure rate by saying that in the business world, some start-ups fail. Why is the federal government using education money to invest in start-ups? Why shouldn’t the federal government review the applications carefully before awarding millions of dollars? What bank will lend you money without carefully reviewing your proposal and financials? Since 1994, this program has been a giant cookie jar, filled with free money.

 

 

 

In this post on Valerie Strauss’s Answer Sheet blog at the Washington Post, Carol Burris and I respond to Betsy DeVos’s putdown of the Network for Public Education’s meticulous documentation of the failure of the federal Charter Schools Program. Our report, “Asleep at the Wheel,” showed that the U.S. Department of Education had handed out hundreds of millions of dollars–close to a billion dollars–between 2006 and 2014, to nearly 1,000 charter schools that never opened or that closed soon after opening. DeVos, as you will see, dismissed the report out of hand, and we assume that she never read it. The report was carefully documented, with references drawn mainly from government sources, including the website of the U.S. Department of Education. And for an added bonus, we show that 42% of all charter schools in DeVos’s home state of Michigan that received federal funding either never opened or closed soon after opening. What will she do to correct the lack of oversight in her own department?

We write:

Here is a link to 109 Michigan charter schools, called “academies,” that were awarded Charter School Program (CSP) grants from 2006-2014 but either never opened or closed. That number represents 42 percent of all recipients. Those highlighted in maroon shut down. Those highlighted in tan are schools that received funds but never opened. You will find ample documentation for your staff to review our work.

As anxious as you are to open new charter schools, if nearly half of them do not make it, we suggest that something is wrong with the selection process.

In total, $20,272,078 was awarded to defunct Michigan charter schools. And yet, in 2018 you awarded the State of Michigan an additional $47,222,222.

Your home state is not alone. Posted here is a similar list from the state of Ohio showing the names of 117 charter schools (40 percent) that received CSP funds between 2006-2014 that also never opened or are now closed. The total of CSP awards to those schools is $35,926,693. Please note that in all of these states, far more charter schools have failed than just those that received federal SEA funds. In the case of Ohio, the list of closed charters (293) is nearly equal to the number of schools that are presently open (310).

Dare I say that the U.S. Department was scammed because of its own negligence?

Read on.

There is more about Louisiana, California, and other states.

We are talking here about our taxpayer dollars. There are needy schools in the U.S. Yet the Department of Education squanders money on failed and failing charter schools. This must stop!

 

 

No matter how many scandals and frauds are exposed in the charter industry, the federal money keeps rolling in.

Open this link to see which of your favorite charter chains (the Walmarts of education) won millions from their friend Betsy DeVos.

Eva got $9.8 million from her friend Betsy.

KIPP will secure a total of $86 million over five years for its San Francisco operations.

IDEA in Texas scores $116 million over five years!

Despite the report from the Network for Public Education showing that 1/3 of the grants by the federal Charter Schools Program are awarded to schools that never open or that close soon after opening, the money keeps flowing.

No matter how many reports of charter fraud, waste, and malfeasance, the federal dollars keep flowing.

 

I got an e-mail recently from Senator Bernie Sanders’s education advisor. She said she reads the blog and wondered if we could talk. I said sure but I was not ready to endorse anyone in the Democratic primaries.

I asked for and got her permission to share that this conversation occurred. As everyone knows who ever gave me confidential information, I never write or speak about what I was told in confidence.

We set a date to speak on the phone since I am in New York and she is in D.C.

She called and conferenced in the campaign’s chief of staff.

Here is what happened.

I told them that I was upset that Democrats talk about pre-K and college costs—important but safe topics—and skip K-12, as though it doesn’t exist. Every poll I get from Democrats asks me which issues matter most but doesn’t mention K-12.

I expressed my hope that Bernie would recognize that charter schools are privately managed (in 2016, he said in a town hall that he supports “public charter schools but not private charter schools). No matter what they call themselves, they are not “public” schools. They are all privately managed. I recounted for them the sources of financial support for charters: Wall Street, hedge fund managers, billionaires, the DeVos family, the Waltons, Bill Gates, Eli Broad, ALEC, and of course, the federal government, which gave $440 million to charters this year, one-third of which will never open or close soon after opening. (See “Asleep At the Wheel: How Athens Federal Charter Schools Program Recklessly Takes Taxpayers and Students for a Ride,” Network for Public Education).

I proposed a way to encourage states to increase funding for teachers’ salaries. I won’t reveal it now. I think it is an amazingly innovative concept that offers money to states without mandates but assures that the end result would be significant investment by states in teacher compensation, across the board, untethered to test scores.

I recommended a repeal of the annual testing in grades 3-8, a leftover of George W. Bush’s failed No Child Left Behind. I pointed out to them that all the Democrats on the Education Committee in the Senate had voted for the Murphy Amendment (sponsored by Senator Chris Murphy of Ct), which would have preserved all the original punishments of NCLB but which was fortunately voted down by Republicans. I suggested that grade span testing is common in other developed countries, I.e., once in elementary school, once in middle school, once in high school.

We had a lively conversation. Our values are closely aligned.

They are in it to win it. I will watch to see if Bernie moves forward with a progressive K-12 plan. No one else has.

My options are open. My priorities are clear.

Let’s draw a line in the sand. We will not support any candidate for the Democratic nomination unless he or she comes out with strong policy proposals that strengthen public schools, protect the civil rights of all students, curb federal overreach into curriculum and assessment and teacher evaluation, and oppose DeVos-style privatization (vouchers, charters, cybercharters, for-profit charters, home schooling, for-profit higher education).

Silence is not a policy.

Democrats support public schools.

 

Jeff Bryant was co-author, with NPE executive director Carol Burris, of the report “Asleep at the Wheel: How the Federal Charter Schools Program Recklessly Takes Taxpayers and Students for a Ride.” In this post, he asks why the U.S. Department of Education can’t answer three straightforward questions. 

The DeVos Department of Education stonewalled his questions, giving no answers.

This non-response, he notes, was not unique to DeVos. Arne Duncan’s ED was equally non-responsive when questioned by previous researchers in search of answers in 2015.

Bryant wanted to know whether the Department had made any changes following the report of the Center for Media and Democracy, which had also criticized the non-existent standards used when judging applications for federal funding of charter schools.

So he asked these questions on March 8:

This is to inquire about the current grant application review process used for the Charter Schools Program Grants to State Entities. Specifically, in 2015, the Department published an “Overview of the 2015 CSP SEA Review Process.” My questions:

  1. Can you provide a similar document describing how the grant review process is currently being conducted for the Charter Schools Program Grants to State Entities?
  2. If not, can you briefly comment on how the grant review process used for the Charter Schools Program Grants to State Entities aligns with or varies from the Overview referenced above?
  3. Regarding a “Dear Colleague”letter sent to State Education Agencies in 2015 emphasizing the importance of financial accountability for charter schools receiving federal dollars, was there any follow-up by the Charter School Program to ascertain how many SEAs complied with this request and what was the nature of the new systems and processes put into place by SEAs to provide for greater accountability?

He got a voicemail from a communications officer and returned her call. She chastised him and told him he was creating “havoc” among the staff.

The NPE report that Bryant co-authored appeared at the same time that members of the House Appropriations Committee were grilling Secretary DeVos about her budget proposals, which included steep cuts in many programs but an increase for the scandal-ridden Charter Schools Program.

Bryant recounts what happened at the hearings:

When Representative Mark Pocan, a Democrat from Wisconsin, asked DeVos what was being done to recover the $1 billion in alleged financial mismanagement involving charters, DeVos said she “would look into the matter.”

On the issue of how a federal agency could allow charter operators to rip off American taxpayers with impunity, and generally suffer no adverse consequences for their acts, DeVos acknowledged that waste and fraud in the charter grant program had been around for “some time.”

That much is true.

It was under Arne Duncan’s watch that the federal charter grants program was greatly expanded, states were required to lift caps on the numbers of charter schools in order to receive precious federal dollars, and the administration Duncan served in insulted public school teachers by proclaiming National Charter School Week on dates identical to what had always been observed as Teacher Appreciation Week.

And most of the wanton charter fraud we detailed in our report that ran rampant during the Duncan years is now simply continuing under DeVos, with little to no explanation of why this is allowed to occur.

Isn’t it interesting how the U.S. Department of Education demands accountability from schools and districts and states, but provides no accountability whatever for its own incompetence.