Peter Greene: What’s Wrong with For-Profit Charter Schools?

By dianeravitch
August 15, 2021 //
23

Peter Greene writes in Forbes about the furor that erupted when House Democrats passed legislation to ban federal funding of charters managed by for-profit organizations. The charter industry and its lobbyists went bonkers, falsely claiming that the bill would prevent them from buying food from for-profit companies or hiring plumbers who work for profit.

He wrote:

The House Appropriations Committee has caused a stir with one tiny paragraph in its 198-page health, labor and education spending bill.

SEC. 314. None of the funds made available by this Act or any other Act may be awarded to a charter school that contracts with a for-profit entity to operate, oversee or manage the activities of the school.

The presence of for-profit operators in the charter school sector has long been a concern for critics, with almost all states outlawing a charter school strictly run for profit. But charter school operators have long worked a variety of loopholes, keeping the sector a highly profitable one, and most of those loopholes involve a non-profit charter school hiring a for-profit business. null

We are not talking about contracting services like school buses or cafeteria management; these kinds of side functions are frequently contracted out both in charter and public schools, but they are not the school’s primary activities.

The bill is clear and specific about targeting for-profit entities that “operate, oversee or manage the activities of the school.”

Sometimes the money comes from the real estate side of the charter business. There is such a thing as a business that specializes in charter schools and real estate. In some states, the government will help finance a real estate development if it’s a charter school, and in general developers have noted an abundance of cash. Though, as one charter real estate loan bond financier told the Wall Street Journal, “There’s a ton of capital coming into the industry. The question is: Does it know what it’s doing?” Many states have found a problem with charters that lease their buildings from their own owners as well. null

One example of a real estate operator making money from the real estate side was Carl Paladino of Buffalo. Paladino worked with charter operators via flipping properties and making “leaseback” deals, as detailed in a report from the Alliance for Quality Education. Paladino not only profited from the schools, but from investments in surrounding properties. He was not shy about any of it. On the question of making money from working with charters, the Buffalo City News quoted him: “If I didn’t, I’d be a friggin’ idiot.”

While many charters may contract out critical functions such as curriculum, the extreme cases are what are called “sweeps” contracts, in which the charter management organization (CMO) fully runs the school in exchange for as much as 95% of the revenue that comes in. A report that the Network for Public Education issued earlier this year details many of the creative ways that CMO’s turn a profit. CMO’s come in a variety of sizes, from chain operations running many schools all the way down to mom-and-pop CMOs that run a single school.

These arrangements can become convoluted. In Florida, one charter founder moved on and off the board of directors regularly to allow payments from his school to himself, and while the school was having trouble paying teachers, it was paying his company tens of thousands of dollars to license the school logo.

One could argue that outlawing for-profit charters actually made things worse, and that what would have been clear and open attempts to profit from a school are now hidden behind multiple operational layers.null

But all of this still leaves a simple question—what’s wrong with having charter schools managed, directly or indirectly, for profit?

In the rest of the article, he explains why for-profit charters are a terrrible idea.

Categories Charter Schools, Education Industry, For-Profit

Racism Flourishes in This Michigan Town

By dianeravitch
August 14, 2021 //
153

There’s been much discussion around the nation about racism. Is it persistent? Is it systematic? Is it behind us?

Read this story that appeared in the Washington Post and it should end the debate (although it won’t).

An African American man, who happens to be a veteran, brought his teenage son with him as he went house hunting with a real estate agent (also black) in Wyoming Michigan. A neighbor saw them entering the house that was for sale and called 911 to report a break in.

The police sent an armed team, who surrounded the house, entered and handcuffed the potential buyer and his young son.

Racism? Of course.

The story says:

As a police officer turned Roy Thorne around to cuff his hands behind his back, the 45-year-old father saw the same happening to his 15-year-old son.

Feelings came quickly then to Thorne, who’s Black: rage that his son was being arrested. Humiliation that the teenager had to watch his dad get handcuffed while the whole neighborhood looked on. Confusion about how viewing a house with his real estate agent on a Sunday afternoon could lead to a half-dozen police officers pointing guns at them.

Categories Education Reform

Peter Greene: Federal Court Rules That Charter Schools Are Not Public Schools

By dianeravitch
August 14, 2021 //
45

Peter Greene writes about a charter school in North Carolina that had a strict dress code for female students. Parents sued to overturn the rule as a violation of Title IX. They won. But then a federal appeals court reversed the ruling. The judges reasoned that charter schools are not public schools and not subject to the same laws as public schools.

He wrote:

In North Carolina, Charter Day School back in 2016 was sued by parents who objected to a dress code requiring girls to wear skirts, jumpers, or skorts. They just won that suit, sort of, but revealed something about themselves in the winning.

This is a school whose mission involves communicating through the arts and sciences. Charter Day School is part of the network of charters operated by Roger Bacon Academy, one of the charters that focuses on a “classical curriculum” in a “safe, morally strong environment,” which meant, apparently, none of those pants-wearing girls in their school (It also supposedly means things like sentence diagramming in Kindergarten and Latin in 4th grade, but then, Baker is an electrical engineer, not an educator.)You’re in trouble now, missy.

RBA is owned and operated by Baker Mitchell, Jr., and if that name seems vaguely familiar, it’s because he is one of the titans of charter profiteering. Back in 2014, Marian Wang profiled the “politically-connected businessman who celebrates the power of the free market,” and how he perfected the business of starting nonprofit charter schools and then having those schools lease their buildings, equipment, programs, etc from for-profit companies owned and operated by Baker Mitchell, Jr. That’s where the Roger Bacon Academy, a for-profit charter management company comes in.

In 2019, a federal judge passed down the ruling that any public school in the country would have expected– a dress code requiring skirts for girls is unconstitutional. The school quietly retired the item in the dress code.

But that wasn’t the end of it. Monday (Aug 9) a federal appeals court tossed out the 2019 ruling–sort of– in a 2-1 ruling.

The two judges, both Trump appointees, ruled that contrary to the assertion of the lower court, that charter schools should not be considered state actors, and are therefore not subject to the Equal Protection Clause of the 14th Amendment. This is yet another way for the courts to work their way around to declaring that charter schools are free to discriminate in any ways they wish. But it also makes one thing perfectly clear–

Charter schools are not public schools. They are not state actors.

Categories Charter Schools, North Carolina

UTLA Endorses Vaccine Mandate

By dianeravitch
August 13, 2021 //
9

It’s good news to see teachers’ unions endorsing vaccination mandates to protect students and staff.

For Immediate Release

UTLA Board votes to support vaccine mandate for LAUSD employees

LOS ANGELES — The UTLA Board of Directors has voted overwhelmingly to support a vaccine mandate for all LAUSD employees. The UTLA Board had previously voted to not oppose a vaccine mandate. This stronger position comes as the Delta variant continues to surge in our communities and as students and staff prepare for a return to full-time, in-person learning next week.

“I am the parent of an LAUSD fifth-grader, and my family has been going through the same uncertainty and anguish as so many other families as we approach the return to school,” UTLA President Cecily Myart-Cruz said. “Because of the protocols that UTLA educators and LAUSD families fought for and won, LA Unified has among the strictest COVID safety protocols in the country. But this Delta variant is unlike anything we have seen so far in this crisis — especially its impact on children — and we all need to step up to do our part to protect the most vulnerable among us.”

The current surge in COVID cases underscores why UTLA members fought so hard for mask mandates, ventilation, access to vaccines, and other safety measures for our schools. Those safety measures we negotiated include a COVID Task Force at each school, which should be doing a physical walk-through of campuses today, August 13, to note violations of safety protocols so they can be addressed before students return on Monday.

UTLA also calls on the District to actively encourage and facilitate greater access to vaccination for parents, eligible students, and the communities we serve. The District and LA County Department of Health must work together to increase outreach, vaccination clinics, and testing in communities with low vaccination rates and high transmission rates.

However, vaccines are one layer of protection. As staff and students return to school, we urge everyone to remain vigilant about all the layered mitigation strategies — from masking and ventilation to testing and tracing — needed to keep our learning spaces safe.

###

Categories Education Reform, Health, Science

Oklahoma City Defies State Ban on Masks

By dianeravitch
August 13, 2021 //
18

The state leaders of Oklahoma banned any mask mandates by school districts, showing their contempt for local control. But Oklahoma City, the state’s largest district, declared that it would defy the state and require all students and staff to wear masks. The district cares more about students than the Governor and Legislature.

Other districts in the state are following Oklahoma City’s lead.

The Tulsa school board is planning to sue the state to invalidate the masking ban.

It’s wonderful to see school districts fighting an irrational ban that endangers the lives of students and staff!

Categories Education Reform

AFT Passes Pro-Vaccine Resolution

By dianeravitch
August 12, 2021 //
24

Today the AFT Executive Council unanimously passed a resolution that supported vaccinations.

WASHINGTON—The executive council of the American Federation of Teachers last night unanimously passed a resolution guiding the union on workplace vaccination policies. The resolution is one of several passed by the board since the start of the COVID-19 pandemic, designed to protect the health and safety of AFT members and the communities we serve. It was brought to the council in light of the significant change in circumstances with the delta variant and rising COVID-19 cases, infections in children(link is external), and an ongoing effort by the union to educate members and communities on the importance of vaccination.

In response to the passage, AFT President Randi Weingarten said:

“Throughout this pandemic, our No. 1 priority as a union has been to keep our members, our communities and those we serve safe. COVID is mutating, it’s spreading to kids, and vaccines remain our best defense to protect people and prevent the spread of disease; prevent hospitals from overflowing; keep our economy functioning, plus reopen—and keep open—our schools for full-time in-person learning.

“The variant and ensuing rise in cases have changed the situation: More employers are considering vaccination policies, including mandates. And while we still believe the best way to increase vaccinations is through education and voluntary adoption, we want to be in a position to work with our employers on workplace vaccination policies, including how they’re implemented—so people who need to be vaccinated can get accommodations, so everyone has access to vaccines and time to get them, and so no one is penalized for medical or religious reasons. Moving forward, we will bargain the impact of these vaccination policies.

“We believe that workplace policies should be done with working people, not to them. In fact, several of our affiliates have already worked with elected officials, school districts and other employers on vaccine or test policies. This once-in-a-generation pandemic calls for us to work together to keep people safe and put COVID-19 behind us.

“As educators, healthcare professionals and public employees, we play an important role in our communities, and the overwhelming majority of us are vaccinated. We will continue to advocate for masking, testing, and accurate science-based information about vaccinations to combat the rampant disinformation that’s literally killing American people. Vaccines work. Vaccines are safe. And vaccines save lives.”

# # # #

Categories Education Reform

US Supreme Court Rules that Indiana University May Require Vaccinations

By dianeravitch
August 12, 2021 //
7

What a relief! The conservative Supreme Court sided with Indians University’s demand that all students must be vaccinated.

The New York Times reported:

WASHINGTON — The Supreme Court allowed Indiana University on Thursday to require students to be vaccinated against the coronavirus.

Eight students had sued the university, saying the requirement violated their constitutional rights to “bodily integrity, autonomy and medical choice.” But they conceded that exemptions to the requirement — for religious, ethical and medical reasons — “virtually guaranteed” that anyone who sought an exemption would be granted one.

Justice Amy Coney Barrett, who oversees the federal appeals court in question, turned down the student’s request for emergency reliefwithout comment. She acted on her own, without referring the application to the full court, which was an indication that the application was not on solid legal footing.

A trial judge had refused to block the requirement, and a unanimous three-judge panel of the United States Court of Appeals for the Seventh Circuit, in Chicago, declined to issue an injunction while the students’ appeal moved forward.

“Each university may decide what is necessary to keep other students safe in a congregate setting,” Judge Frank H. Easterbrook wrote for the appeals court. “Health exams and vaccinations against other diseases (measles, mumps, rubella, diphtheria, tetanus, pertussis, varicella, meningitis, influenza and more) are common requirements of higher education. Vaccination protects not only the vaccinated persons but also those who come in contact with them, and at a university close contact is inevitable.”

Judge Easterbrook, who was appointed to the appeals court by President Ronald Reagan, relied on a 1905 Supreme Court decision, Jacobson v. Massachusetts, which ruled that states may require all members of the public to be vaccinated against smallpox or pay a fine.

The smallpox vaccination requirement allowed no exceptions, Judge Easterbrook wrote, while Indiana University’s requirement made accommodations for students with religious and other objections. (Exempted students must wear masks and take frequent coronavirus tests, requirements that Judge Easterbrook said “are not constitutionally problematic.”)

The university was entitled to set conditions for attendance, he wrote, just as it can require the payment of tuition and instruct students “to read what a professor assigns.”

“People who do not want to be vaccinated may go elsewhere,” Judge Easterbrook wrote, noting that many universities do not require vaccinations. “Plaintiffs have ample educational opportunities.”

Judges Michael Y. Scudder Jr. and Thomas L. Kirsch II, both appointed by President Donald J. Trump, joined Judge Easterbrook’s opinion.

— Adam Liptak

Categories Health, Higher Education, Science

NEA Endorses Mandatory Vaccination or Testing for Teachers

By dianeravitch
August 12, 2021 //
9

The best strategy to end the pandemic is mandatory vaccinations for everyone, unless they have a medical condition that makes it in advisable. Until now, both major teachers’ unions refused to take a stand. Last Sunday on Meet the Press, Randi Weingarten endorsed mandatory vaccinations for teachers, but she must get the support of her members. She will. Now NEA has changed course.

The nation’s largest teachers’ union on Thursday offered its support to policies that would require all teachers to get vaccinated against Covid or submit to regular testing.

It is the latest in a rapid series of shifts that could make widespread vaccine requirements for teachers more likely as the highly contagious Delta variant spreads in the United States.

“It is clear that the vaccination of those eligible is one of the most effective ways to keep schools safe,” Becky Pringle, president of the National Education Association, said in a statement.

The announcement comes after Randi Weingarten, the powerful leader of the American Federation of Teachers, another major education union, signaled her strongest support yet for vaccine mandates on Sunday.

Ms. Pringle left open the possibility that teachers who are not vaccinated could receive regular testing instead, and added that local “employee input, including collective bargaining where applicable, is critical.”

Her union’s support for certain requirements is notable because it represents about three million members across the country, including in many rural and suburban districts where adults are less likely to be vaccinated. Overall, the union said, nearly 90 percent of its members report being fully vaccinated.

Still, any decision to require vaccination for teachers is likely to come at the local or state level. And even with their growing support, teachers’ unions have maintained that their local chapters should negotiate details.

“We believe that such vaccine requirements and accommodations are an appropriate, responsible, and necessary step,” Ms. Pringle said on Thursday. She added that “educators must have a voice in how vaccine requirements are implemented.”

California has ordered all teachers and staff members to provide proof of vaccination or face weekly testing, an order that applies to both public and private schools. Hawaii is requiring all state and county employees to be vaccinated or be tested, including public-school teachers. And Denver has said that city employees, including public school teachers, must be fully vaccinated by Sept. 30.

— Sarah Mervosh

Categories Health, Science, Teachers, Unions

Texas: The Poor Performance of Charter Schools

By dianeravitch
August 12, 2021 //
11

William J. Gumbert has studied the performance of charter schools in the state, compared to public schools. He has consistently found that charter schools are lower-performing than public schools by every measure. And yet the Republicans who control the state insist on opening more low-performing charters and diverting money from the public schools attended by the vast majority of students. Texas first authorized charter schools in 1995 and has spent more than $30 billion to operate them. Gumbert says that the charters first promised to improve student test scores; having failed that goal, they now exist to turn public schools over to private corporations. I urge you to open the PDF file that is attached. It is mind-boggling!

He wrote the following message to me:

While a 12-minute read, I have condensed the primary findings into the 30-second summary below that demonstrates charters in Texas are performing BELOW the average Texas public school.


Due to unique challenges and circumstances, At-Risk students have the widest achievement gap as 44% fewer At-Risk students meet grade-level standards.  In this regard, charters enroll a lower percentage of At-Risk students than the average Texas public school and charters enroll 18% fewer At-Risk students than the primary school districts targeted for enrollment. 


A review of the academic performance of student populations reveals that charters have FEWER Non-At Risk, At-Risk (Non-ELL), Special Education, and All students meeting grade-level standards than the average Texas public school.  In particular, charters have 10% FEWER Non-At Risk students meeting grade-level standards than the average Texas public school.


27 of the 56 charters with over 1,000 students have FEWER Non-At Risk students and FEWER At-Risk students meeting grade-level standards than the average Texas public school.


“A” rated charters obviously represent the highest-performing charters.  Not surprisingly, such charters have a Non-At Risk student population that is higher than the state average at 62%.  That said, at “A” rated charters, 4% FEWER Non-At Risk students meet grade-level standards than the average Texas public scho


To paraphrase legendary coach John Wooden:  “Below average means you are closer to the bottom than the top.” As always, should any questions arise, additional information is preferred, or I can be of any assistance, please let me know.  I hope this is helpful!

Read the pdf here.

Categories Charter Schools, Education Industry, Texas

Gary Rubinstein: Another Sex Scandal at KIPP

By dianeravitch
August 12, 2021 //
30

Gary Rubenstein has written about the failed promises of charter schools many times. In this post, he reports on the latest sex scandal at KIPP. Maybe there’s something about the power dynamics of a “no excuses” school that encourages adult domination of children in their care.

He writes:

Today the US Attorney’s office for the southern district tweeted this [Open the link to see the tweet!].

The description of the charges gets pretty graphic so I will not quote it all here, but part of it says:

From at least in or about 2002 through at least in or about 2007, CONCEPCION singled out the Minor Victims for personal attention. He gave them money, clothing, jewelry, and other gifts, and he provided them with alcohol. He told several of the Minor Victims that they were in romantic relationships with him and provided each of the Minor Victims with a cellphone so that they could communicate with him without their parents’ knowledge. CONCEPCION used the cellphones he provided and other devices to maintain his “relationships” with the Minor Victims and to arrange sexual encounters.

The press release does not identify the school, but I recognized the name of this teacher since he was featured in the chapter about KIPP (Knowledge Is Power Program) in the 2008 book published by The Thomas B. Fordham Institute called ‘Sweating The Small Stuff — Inner-City Schools and the New Paternalism’ (you can get it on Amazon for $0.99 or you can get the full pdf for free here.) It’s basically a book that glorifies the abusive practices of ‘no-excuses’ schools because they get good standardized test results. The Fordham Institute is one of these think tanks that basically creates ed reform propaganda but makes it look like actual research. Their president Michael Petrilli is a nice enough guy, we have had some friendly exchanges, but he knows absolutely nothing about education. I would feel bad for him if he weren’t making so much money.

In the chapter of ‘Sweating The Small Stuff’ entitled ‘”KIPP-Notizing” through music’ there is this passage that has not aged well:

In two days, the orchestra will give its commencement concert in this auditorium in the South Bronx to honor the eighth-grade graduates of KIPP Academy, housed in a wing on the fourth floor of Lou Gehrig Junior High. But rehearsal in the stifling auditorium is going poorly. Jesus Concepcion, the dapper conductor and benevolent baton-wielding despot on the podium, is not pleased.


“Sit down!” Concepcion tells a seventh grader playing string bass at the back of the orchestra. The bass player had refused to help a fellow cello player pick up his music when it slid off his music stand, kicking the sheet music back to the student instead. “You want to be nasty?” Concepcion asks rhetorically. “I’ll teach you nasty. You don’t deserve to play! You let down your teammates. And that music you kicked, I arranged. Get off the stage!” After the student glumly exits the stage, orchestra members keep their eyes glued to Concepcion during a soaring version of “Seasons of Love” from the Broadway show Rent. But as at many rehearsals of the string and rhythm orchestra, the cycle of disruption and discipline continues. A few minutes later, the graduating eighth graders start chatting animatedly in the hallway as they practice lining up.

“Unbelievable!” Concepcion exclaims. Mitch Brenner, KIPP Academy’s Director of Institutional Solutions and enforcer of all things KIPP, hops up to straighten out the excited eighth graders. “Not a word!” Brenner calls out. “Do not speak! You are our graduates. Do not open your mouth!”

KIPP has had to do a lot of apologizing and self-reflecting over the past few years. First there were the sexual abuse allegations that caused them to fire co-founder Michael Feinberg. Even though Feinberg’s accuser was not able to definitively prove her case in court, he was far from exonerated and has pretty much been shunned by most of the education reform community. Then, about a year ago, the other co-founder Dave Levin wrote an apologyto the KIPP alumni about some of the racist practices that KIPP has employed over the years, things that charter critics have been accusing them of over the years, but KIPP never cared then because they felt it was helping them get the statics they needed to get the donations they needed.

Categories Charter Schools, Discipline, Education Reform, KIPP Charter Schools
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