Families Stranded After Rocketship Charter School Fails to Open Ward 5 Location

Originally published in Washington City Paper on May 14, 2018.
—–

Parents had until May 1 to enroll their children in schools matched through D.C.’s high-stakes school lottery. But families that selected a new Rocketship charter school in Ward 5 were in for a rude awakening: After the enrollment deadline had passed they learned the school they had chosen would not actually be opening. Rocketship, which operates two schools in Ward 7 and 8, had been set to launch its third campus this fall.

City Paper first learned about the situation on May 9 after speaking with a Ward 5 parent who was still struggling to find a new school for their child.

The parent, who requested anonymity, says the day after the enrollment deadline passed she received a voicemail from Rocketship telling her to call them as soon as possible. “I called as soon as I got off work and they said the Ward 5 school wouldn’t be opening, that something happened with the building so they can no longer move into the space they had planned,” she says. “They didn’t say why or what the reason was.”

Rocketship had been planning to temporarily lease space in the LAMB Public Charter School building on 18th and Perry streets in Northeast. Children would attend school there for one or two years before Rocketship relocated into a more permanent Ward 5 location.

On May 3, the day after learning her daughter’s school would not open, the parent reached out to MySchoolDC—the agency which handles school choice enrollment—for help finding an alternative. “There was just no level of sympathy for my situation. They didn’t sound overly familiar, there was no sense of urgency,” she says. When the parent pressed MySchoolDC for help, she says she was told that Rocketship was giving all families the chance to enroll in their Ward 7 and 8 campuses.

“But I picked Ward 5 based off proximity to my home, and those other schools were extremely inconvenient,” she says, adding that she also had safety concerns about those options.

After making clear she was not interested in sending her child to a campus far from her home, she says MySchoolDC told her she could always enroll her child in her in-bound traditional public school. But the parent wasn’t satisfied with that choice either. “If I had wanted that then I wouldn’t have gone through the MySchoolDC lottery in the first place,” she says.

The parent had her child on two other Ward 5 charter waiting lists—Yu Ying and Stokes—and asked if MySchoolDC could help her child get into those schools given the circumstances.

“I asked them if there was anything they could do to help students who were displaced and they told me that each school makes their own waitlist decisions and they can’t force any school to let children in,” she says. The parent then called the Public Charter School Board, where she says she was also told that the waitlist situation is out of their control.

More than ten days after getting the news that Rocketship’s Ward 5 campus would not open as expected, the parent was still waiting for waitlist updates and was actively considering private school options.

Joyanna Smith, the Ombudsman for Public Education with the DC State Board of Education, had also been planning to send her son to Rocketship’s Ward 5 campus. Smith tells City Paper that her family didn’t learn the school would not actually be opening until three days after the MySchoolDC enrollment deadline had passed.

“Someone called us to tell us Rocketship would not be opening because of a permitting issue but that we could probably get off the waitlist at Perry Street Prep,” she says. Perry Street Prep is housed in the same LAMB Public Charter School building that Rocketship was set to be in, and Smith was able to enroll her child in the new school last week.

“I’m glad that we were able to settle things for my child, but in my role as SBOE ombudsman I feel there has been all this miscommunication,” she says. “If we had wanted we could have kept my son in private daycare, but for a lot of families they don’t have those same choices and that’s really frustrating.”

In an interview with City PaperJacque Patterson, the regional director for Rocketship DC, says 44 families had matched with Rocketship’s Ward 5 campus, and 22 families had enrolled. Their enrollment target had been 160 students (100 students in kindergarten through second grade, and 60 3 and 4-year-olds.)

But low enrollment numbers was not the reason why Rocketship decided to postpone opening its Ward 5 school, according to Patterson. He says that even if they had hit their enrollment goals, their temporary building location would have still required far more repairs than they had originally budgeted for.

Rocketship DC signed a letter of intent with Perry Street Prep in April to rent their third floor for the 2018-19 school year. Rocketship officials knew the third floor required a host of repairs, and toured the premises before they signed their letter of intent. Patterson tells City Paper that at the time, they concluded they could handle the scope of needed repairs. But, he says, “in the last two or three weeks” they brought in their own construction workers to assess the facility, and then determined the repairs would cost substantially more than what they had anticipated.

“The decision we made was that it’d be just impossible to open the school given the amount of construction and repairs that was needed for a one-year lease,” he says. “Even if we had enrolled all 160 children, it would not have been financially responsible and we wouldn’t have been able to provide all the programs and services we needed to.”

Patterson says the school will still be moving into a permanent Ward 5 building for the 2019-20 school year, though a precise location has not yet been finalized. He also says Rocketship worked with every family that had enrolled to help them find a new high-quality school. But the parent City Paper spoke with under the condition of anonymity says they still have yet to figure out what they’ll do next year.

City Paper asked the Public Charter School Board if Rocketship would face any consequence or penalty for its delayed opening. In 2014 the PCSB conditionally approved Rocketship to open eight schools throughout the city.

In a statement, Scott Pearson, executive director of the PCSB, says: “We’re very concerned any time a school fails to meet its charter commitment and that will be taken into consideration next time a school wishes to expand or open a new facility. We are particularly concerned about the students and their families which is why we required Rocketship PCS to work with MySchoolDC to help the affected families find alternate, quality education for this fall.”

Chloe Woodward-Magrane, a spokesperson for the DC Office of the State Superintendent of Education, tells City Paper that this is the second time that a campus has not opened or has delayed opening in the five years that MySchoolDC has been in existence. Catherine Peretti, the executive director of MySchoolDC, tells City Paper that she first learned of Rocketship’s decision to delay its Ward 5 opening on May 3.

City Paper asked Woodward-Magrane what kind of response they’ve received from families left to find new schools. In a statement, she says:

“OSSE and My School DC realize this is a challenging time for families matched with the Rocketship Public Charter School campus in Ward 5. My School DC is working with families enrolled at the Rocketship campus that will not open in order to restore the families to waiting lists of other schools they identified during the lottery process. Rocketship is also providing assistance to help them re-enroll in their current school placement or another Rocketship campus.”

Patterson will be leaving his role as Rocketship DC’s regional director on June 1 to start as KIPP DC’s Chief Community Engagement and Growth Officer. He tells City Paper he will also be joining Rocketship’s board of directors, and that a search to find his replacement is currently underway.

The Trump Administration Is Making It Easier to Evade Housing Desegregation Law, Triggering Civil Rights Lawsuit

Originally published in The Intercept on May 8, 2018.
—–
The Trump administration has illegally suspended a rule that requires local governments to show they’re working to reduce housing segregation, according to a lawsuit filed Tuesday against the U.S. Department of Housing and Urban Development and its secretary, Ben Carson.

HUD announced in early January that it would delay enforcing the rule. Civil rights advocates say the delay is an effective end to federal fair housing oversight over billions of dollars to be doled out to local governments for at least the next six years. They have also accused HUD of reducing the amount of support it offers local communities in implementing the desegregation rule, effectively sabotaging its success.

“Decades of experience have shown that, left to their own devices, local jurisdictions will simply pocket federal funds and do little to further fair housing objectives,” reads the complaint, which was filed by the Lawyers’ Committee for Civil Rights Under Law; the American Civil Liberties Union; the NAACP Legal Defense and Educational Fund; Public Citizen; the Poverty & Race Research Action Council; and the law firm Relman, Dane & Colfax.

The rule in question is called Affirmatively Furthering Fair Housing, or AFFH, and was finalized in 2015. It was designed to more effectively implement the integration mandates of the Fair Housing Act, a landmark civil rights statute passed a half-century ago to eradicate discrimination and segregation in housing. While jurisdictions that receive federal HUD funds have long had to certify that they are indeed working to reduce government-sponsored segregation, for decades HUD did little to ensure real steps were actually being taken.

In the complaint, which was filed in the U.S. District Court for the District of Columbia, the lawyers credit the AFFH rule with spurring commitments by local governments over the last two years to provide more help for African-Americans facing eviction from their homes, to revamp zoning laws to be more inclusive of people with disabilities, and to build more low-income housing in affluent areas.

HUD spokesperson Brian Sullivan declined to comment on the suit, citing pending litigation. He instead referred to his agency’s statement released in January, which says that HUD has “extended the deadline” for local governments to comply with the AFFH rule “while HUD invests substantial human and technical resources toward improving” the tool used for rule compliance. “HUD stands by the Fair Housing Act’s requirement to affirmatively furthering fair housing, but we must make certain that the tools we provide to our grantees work in the real world,” the statement said.

AFFH was born out of a problem that was identified at least a decade ago.

In 2008, the National Commission on Fair Housing and Equal Opportunity reported that the government’s existing system for ensuring fair housing compliance “has failed.” The commission, co-chaired by two former HUD secretaries, noted that the federal housing agency requires “no evidence that anything is actually being done as a condition of funding,” and does not punish jurisdictions found to be directly involved in discrimination or failing to affirmatively further fair housing.

One year later, HUD convened a listening conference with over 600 participants from across the country to discuss compliance with federal fair housing mandates. John Trasviña, who was then HUD’s assistant secretary for fair housing and equal opportunity, testified before Congress later that “fair housing and civil rights groups, mayors, counties, and states all voiced their desire for HUD to amend its regulations to provide more concrete, specific information about how to develop a meaningful plan for affirmatively furthering fair housing.”

In 2010, the Government Accountability Office released a comprehensive report outlining the failures of local jurisdictions to comply with federal fair housing mandates, and the failures of HUD to promote meaningful oversight and enforcement over those obligations.

Over the next five years, key stakeholders worked closely with HUD to develop the newly revised AFFH rule, which not only gave communities more tools to carry out their fair housing obligations, but also strengthened HUD’s enforcement mechanisms for  oversight. In other words, the fair housing mandates finally had some teeth.

Civil rights advocates have long worried that the Trump administration might take aim at this hard-fought rule. Prior to Ben Carson’s appointment as HUD secretary, he had penned an op-ed likening the AFFH rule to other “failed socialist experiments.” Once he was confirmed, Carson told the Washington Examiner that he “believe[s] in fair housing,” but not in “extra manipulation and cost,” and so his agency will need to “reinterpret” the rule.

In suspending the AFFH rule, advocates allege HUD has violated the Administrative Procedures Act, the federal law that governs how federal agencies propose and implement regulation. The Trump administration has been repeatedly accused of violating the APA, issuing new directives and mandates, and rescinding old ones, without going through the established channels of rule-making.

This is the second major civil rights lawsuit aimed at HUD in the last year on the grounds of violating the Administrative Procedures Act. As The Intercept reported at the time, civil rights attorneys sued HUD and Ben Carson in October, for suspending a rule that would have assisted low-income voucher holders to move into more affluent communities. The attorneys succeeded in their legal challenge in late December, and the rule is now back in effect.

Sasha Samberg-Champion, a Relman, Dane & Colfax attorney who was involved in the former case and is also litigating this one, told The Intercept that their earlier experience in court “suggests to us that the judges in the District Court for the District of Columbia are well acquainted by now with lawless actions” of HUD and other Trump administration agencies.

Teachers Are Finally Winning Raises, But Many of Their Co-Workers Aren’t

Originally published in The American Prospect on May 8, 2018.
—–

Teachers are on the march across America. This year has seen a stunning eruption of invigorated teacher movements in states that rarely make this kind of political news—places like West Virginia, Oklahoma, and Arizona. Though these mobilized teachers have been careful to frame their demands for higher pay in the context of increased spending for students and schools, there is no doubt that raising their own salaries has been a key priority.

Local and national media have worked hard to lift the voices of teachers taking to the streets. We’ve read about educators with virtually no savings or chance of affording a vacation. We’ve met teachers forced to moonlight as cashiers and Uber drivers. We’ve learned about educators’ stagnant or falling wages, and their spiking health-care premiums.

The stories have been infuriating.

That’s partly why the teacher movements have commanded such strong public support. A national poll released in late April found about 78 percent of surveyed adults felt schools don’t pay teachers enough, half said they’d pay more in taxes to fund teacher pay increases, and 52 percent said they’d back educators who strike for higher wages.

Looming behind this infectious momentum, though, are some other uncomfortable realities.

In 2016, the median annual income for a full-time worker stood at $45,860. Someone working full-time at $15 an hour—a minimum wage goal heralded by progressives—could earn an annual salary of just $31,200. And we know minimum wage earners are no longer just high school kids scooping ice cream in the summer. The average-age of a minimum-wage worker is 35, and more than a quarter have children.

Teachers, by comparison, are above-average earners. The average American public school teacher earned $58,950 in 2017. And while the states with active teacher movements have some of the lowest educator pay, those salaries still stack up reasonably well against the low level brought home by the average American. In 2016, West Virginia high school teachers earned an average of $45,240 per year, in a state where median earnings amounted to $27,543 . In Arizona, the high school teacher average stood at $48,020, where median earnings were just $30,096. And in Oklahoma, the average high school teacher earned $42,460, in a state where median earnings reached $29,038.

This is not to say that teachers have it fine—far from it. It’s certainly not a call for educators to go home or to stop protesting. But it does raise a question that needs to be on the table: if we think these teachers are not earning enough, where does that leave the millions earning even less?

What is the argument for raising teacher pay?

Some ground their support for higher teacher pay in education policy. They argue you’ll get the quality of teachers you pay for, and teacher pay lags behind other white-collar professionals. The Economic Policy Institute found that teachers’ weekly wages are 23 percent lower than those of other college graduates. If a teacher can’t earn enough to pay off their student loans, they’ll probably think twice before becoming an educator.

From this vantage point, if we want to do improve the quality of teaching, then we need to offer more competitive salaries to recruit and retain the most talented. And there is evidence that raising pay can reduce teacher turnover.

Others have a less technocratic view. Many Americans support raising teacher pay simply because they support teachers. We recognize teachers are doing important and often thankless work, and the idea that on top of all this they’d be struggling to make ends meet strikes us as cruel and outrageous.

And yet, teaching is just one of many important, thankless jobs in America. Does our outrage stem from full-time workers not being able to make ends meet—or teachers specifically? Have teachers successfully mobilized because people think they deserve different, and better, treatment than other workers?

There is evidence that schoolteachers are held in special regard by the public, in similar fashion to police, firefighters, and the military. Like those groups, support for teachers has remained consistently high over the years.

In other words, no matter how it’s framed, the idea that educators provide a special service and should be well compensated for it seems central to the teacher pay debate. The debate has not focused, more broadly, on what Americans need to live secure economic lives in 2018.

But paying workers based on public perceptions of their value to society raises thorny problems.

We can see these issues emerge in debates around early childhood education workers, who, unlike K-12 teachers, do not earn anything near an average wage. The national median income for child-care workers stands at $20,320; for preschool teachers, it’s $28,570.

This past January The New York Times ran a magazine feature headlined: “Why Are Our Most Important Teachers Paid The Least?” It reviewed social science research highlighting the economic and academic returns of high-quality preschool programs. As part of the emerging consensus around the value of early childhood education, policymakers and advocates have begun to ramp up pressure to raise the salaries of early childhood teachers.

But what if there weren’t studies showing preschool was so beneficial for students’ futures, and these teachers couldn’t be deemed “the most important”?

Would preschool teachers be condemned to live off $29,000 a year?

This is not just a hypothetical, because educators aren’t the only ones embroiled in this current movement. And indeed how and whether classroom teachers choose to stand up for other workers will surely shape the future of this education uprising. In West Virginia, teachers successfully pushed for wage increases not just for themselves, but also for bus drivers and school cooks. But when hundreds of school bus drivers in DeKalb County, Georgia went on strike in April to protest their low pay and working conditions, they did not meet real solidarity from local educators. These drivers, whose annual income is reportedly $23,500, were not making the case that their unique talents merit greater monetary reward. They simply argued that their current earnings were not enough live on. Eight school bus drivers were swiftly fired for their protests.

If we opt to pay some workers better because we’ve decided their services are more societally important, where does that leave everyone else?

This is not a call for everyone to be paid equally. But we need to consider whether we want economic stability to be the exclusive province of the groups we deem most deserving. If we can be outraged by teachers making $55,000 a year and still struggling to make ends meet, then there should be room for outrage over the millions of workers who are even less fortunate—and policy solutions that can help everyone.

Conservatives Work to Undermine Oklahoma Teachers’ Raises After Walkout

Originally published in Rewire News on May 7, 2018.
—–

When Oklahoma educators headed back to school in mid-April after their historic nine-day walkout, they did so with mixed feelings. They hadn’t won all of their key legislative demands, but they didn’t return empty handed either: Teachers won salary increases of roughly $6,100 each, and raises of $1,250 for school support staff. The pay increases, set to take effect on August 1 would be paid for by new taxes on cigarettes, motor fuel, and oil and gas production. “We achieved something that we all thought might be impossible,” declared Oklahoma Gov. Mary Fallin (R) when she signed the tax legislation into law.

But some conservative activists are saying, “not so fast.”

Members of Oklahoma Taxpayers Unite, an anti-tax group, filed paperwork last week to get a veto referendum on the November ballot. The group has until July 18th to collect about 41,000 signatures. The new taxes to fund the salary increases are scheduled to go into effect on July 1, but there’s debate over whether those would need to be put on hold if activists collect enough ballot signatures before that date.

A representative from Oklahoma Taxpayers Unite did not return Rewire.News‘ request for comment, but a member of the group, Ronda Vuillemont-Smith, told Oklahoma’s local NBC affiliate that they “believe very much that teachers need a pay raise” and that her group’s ballot initiative is “not personal.” Vuillemont-Smith argued that legislators should conduct statewide audits to eliminate waste from agency budgets before raising taxes.

Ed Allen, president of the Oklahoma City American Federation of Teachers, told Rewire.News there’d be “no way” the referendum would pass if it were voted on today. “There’s zero chance, I’d put big money on that,” he said. But Allen acknowledged that “a lot of things could happen between now and November” as anti-tax groups start raising money and doing advertising. “It’s a shame that we have to spend some of our attention and resources on defeating this when we want to defeat those representatives who don’t lift a finger to help education,” he said.

The Oklahoma Education Association (OEA), the largest teacher union in the state, is also gearing up to fight the ballot initiative.

Lawyers for the union believe the salary increases are locked in, and the veto referendum addresses only a funding mechanism for those raises. But a provision in the teacher pay bill stipulates it will not become law unless items from the tax increase bill are enacted.

“There are probably going to be conflicting views on this,” an OEA attorney told the Associated Press. “At the end of the day we’ll need some determination, from either the courts or the attorney general.”

Educators did manage to stave off a separate challenge last week, defeating what some public education advocates were calling a Republican “revenge bill.”

Taking aim at a bill designed to protect children from abuse and neglect, Oklahoma state Rep. Todd Russ (R-Cordell) introduced a last-minute amendment to prevent school districts from automatically deducting union dues from teacher paychecks. Educators instead would need to make other arrangements to handle membership payments. Russ’s amendment would have also mandated that a majority of educators in each school district vote every five years on whether they want to keep their collective bargaining unit; if a majority did not vote in favor, the school district would be stripped of union representation.

Doug Folks, a spokesperson for OEA, told Rewire.News that teachers, police officers, firefighters, and state employees inundated legislators’ phone systems and “in about 18 hours, we were able to get enough promises of no votes that the [amendment] was never heard.” The bill, SB 1150, was approved by lawmakers without the anti-union provisions. It now awaits the governor’s approval.

It wasn’t the first time state Rep. Russ has introduced legislative language like that and union leaders say they would not be surprised if he tries again in the future. “He’s just union-busting,” said Allen. “Plain and simple.”

Rep. Russ did not return Rewire.News’ request for comment, but he told NewsOk that he was looking out to protect teacher fairness.

State Rep. Forrest Bennett, a first-term Democrat representing Oklahoma City, told Rewire.News he did view Russ’s amendment as strike retribution on the part of the GOP leadership.

“Those of my colleagues in the legislature who are frustrated with teachers and other education advocates are showing their true colors,” he said. “They’re saying they are frustrated with the ‘tactics’ of the teachers and the unions, but in reality I think they’re pretty sore from being exposed. For years, legislators have been able to go home to their constituents and claim they’re all for education. But teachers across the state learned that their legislators talk about better schools out of one side of their mouth and then advocate for tax cuts out of the other. We can’t fund core services like education while we cut, cut, cut.”

Georgia Bus Drivers Joined The School Uprising, And Paid a Price

Originally published in The Intercept on April 22, 2018.
—–
The red-state school uprising is spreading to educators around the country, with teachers in Colorado and Arizona now planning walkouts to demand better treatment from state and county governments. But the widespread public support that has helped carry the teachers to victories so far has been less present for blue-collar workers following in their footsteps. In Georgia, bus drivers who organized their own work stoppage last week were met with public condemnation and immediate firings.

On Thursday, the same day that the votes in favor of a walkout were tallied in Arizona, nearly 400 school bus drivers in DeKalb County, Georgia, stayed home from work, staging a “sickout” to protest their low salaries and meager benefits.

Whether the school bus drivers can succeed in winning their demands and maintaining broad popular support remains to be seen, but the protest provides an important test case on whether these teacher movements will lead to a broader working-class uprising or stay limited to organizing among a narrower band of white-collar professionals. The bus drivers are not building their case around the idea that their unique talents merit greater monetary reward, but that they simply need and deserve to be treated more fairly.

Bus drivers in DeKalb County have been raising concerns about their working conditions for the last several years, and since early March, driver representatives have been meeting with district officials to discuss their grievances. Among their list of demands are pay increases, better health insurance, better retirement plans, and a call to be reclassified as full-time employees rather than part-time workers.

A sickout is when a group of workers calls in sick en masse, to protest but also to avoid a formal strike that may be illegal. Two years ago, educators in Detroit staged large, mass-coordinated sickouts, shutting down more than half of the public schools in their city.

The bus drivers’ protests last week did not lead DeKalb County’s school district to shutter its schools. But on Thursday, 42 percent of the district’s bus drivers did not show up to work, causing disruption and delays. DeKalb Public School officials called for transportation help from outside the district, the bus drivers who did show up were asked to take on second routes, and parents had to find last-minute transportation alternatives.

The bus driver protest continued on Friday, with 25 percent of bus drivers refusing to show up for work. Organizers have called for the sickout to continue through Monday.

While the teacher strikes in West Virginia, Oklahoma, and Arizona have boasted the vocal support of local school boards and superintendents, the school district leadership in DeKalb County has offered no such solidarity to the school bus drivers. In fact, seven bus drivers were fired on Thursday, identified as “sickout ringleaders.”

“We started with those who were obviously, we have evidence that they were orchestrating or in many ways organizing this event, and that is illegal,” said DeKalb County Schools Superintendent Stephen Green on Thursday to CBS46, a local news station. A spokesperson for DeKalb Public Schools did not return The Intercept’s request for comment.

At a press conference held on Thursday, Green emphasized that the sickout “is not acceptable and will not be tolerated” and pointed to a state law that says it’s illegal for public employees in Georgia to “promote, encourage, or participate in any strike.” Green said DeKalb Public Schools would be “well within its rights to take adverse employment action” against any driver participating in a sickout, adding that for every day drivers miss due to the sickout, he would be requiring a doctor’s note as proof that they were actually ill.

In stressing that the drivers who protested their working conditions were putting children in danger, Green echoed the recent comments of Kentucky Gov. Matt Bevin, who said teachers protesting at the state capitol likely contributed to an unsupervised child getting sexually assaulted at home. (Bevin later apologized for these remarks.) Bus drivers dismissed the superintendent’s assertion, emphasizing that student safety is paramount and that parents had been notified in advance of their protest. Families were notified earlier in the week by school district robo-call and email that there might be a three-day school bus strike, and that any student who arrived late would not be punished.

One of the seven fired drivers, Marion Payne, told the Atlanta Journal-Constitution that police officers from the school district dropped off a termination letter at his home Thursday night. Payne had helped pass out flyers for the sickout, and had been a school bus driver for five years.

“I’m a veteran, I’m a concerned for all the senior [drivers] … retiring and getting $210 or $210 a month,” he said. “But you know how it is, when they think you pose a threat.”

Shelia Bennett, another fired bus driver, pushed back on the narrative that she was a ringleader who organized a strike. “I would never organize a strike when I know this is a right-to-work state, and we cannot strike because we don’t have a union,” she said to Atlanta’s Fox 5 news station. Bennett has worked as a driver for the district for more than a decade, earning a salary of just $24,000 this year. She said she “never in a million years” expected she’d be terminated, and pointed out that she’s never had any sort of disciplinary issue in the past.

In the red states where teacher movements have erupted, school bus drivers have helped support the educators protesting their working conditions. In Oklahoma, for example, teachers walked off their jobs to protest at their state capitol for nine days, and bus drivers prepared and drove free meals to more than 100 designated pick-up points to make sure students were not left hungry. Some school bus drivers even helped transport their teachers to the state capitol to protest.

The school bus driver protest comes on the heels of a successful strike organized by Atlanta paratransit drivers, who staged the first-ever one-day protest on February 14. They were organizing against what they called unfair working conditions and safety concerns for disabled and elderly passengers. The second one-day strike was threatened to be held on April 18, but this effort was called off at the last minute after MARTA Mobility management agreed to make some compromises in their contract negotiations.

Politicized By Trump, Teachers Threaten to Shake Up Red-State Politics

Originally published in The Intercept on April 17, 2018.
—-

THE TEACHERS STRIKES that have roiled red states across the country burst onto the national scene seemingly out of nowhere. But a closer look at the people who make up this movement reveals the distinct Trump-era nature of the uprising.

In the four states where teachers movements have erupted over the past few months — Arizona, West Virginia, Kentucky, and Oklahoma — educators and community members are encountering broadly similar circumstances. In all four states, residents are reacting to years of Republican-controlled legislatures, a decline in state funding for students and teachers, an expansion of private school vouchers and charter schools, and an increasingly galvanized electorate that is motivated by all sorts of other organizing efforts that have emerged since Donald Trump won the 2016 presidential election.

And while the ranks of the educators are stocked with progressives, the strikes would have flopped had they not been joined by conservative Republican teachers who are, in significant ways, manifestations of what Washington pundits have begun to believe are purely imaginary people outside of the Beltway: folks who remain ardently conservative but are rejecting the direction the party has taken in the White House, back home or both.

“This whole effort has helped shake people from a slumber, and more people are asking, ‘Well, how is my representative voting?’” said Noah Karvelis, a public school teacher in Phoenix and a #RedforEd organizer.“People are asking if they need to rethink their votes. On our Facebook page, we even have a lot conservative teachers writing about how frustrated they are with our Republican legislators.”

Adelina Clonts, an educator in Oklahoma for more than 20 years, marched with her ten-year-old daughter from Tulsa to her state capitol, more than a hundred miles, motivated by the chance to give her students with special needs a greater shot at life.

Clonts, a Republican, said when she arrived in Oklahoma City she was disappointed to learn what her legislators had been up to. “I physically went out there to do my own research, and I found out this was basically Republicans not wanting to do their jobs, not wanting to really represent us,” she said. “It really upset me because I’m an active political party person, and it just felt like they were not hearing us.”

Clonts said she and her colleagues are prepared to vote out both Republicans and Democrats. “Everyone wants these problems fixed, and the question for our leaders is, are you trying to do something about it?”

Another Tulsa-area teacher, Cyndi Ralston, went from the sidelines to the protest and now to the campaign trail, running to take on her incumbent state representative after his viral rant against the teachers.

Were it not for Trump, it might not be happening. Kathy Hoffman, who is in her fifth year of teaching in Arizona public schools, decided to run for state superintendent after watching Betsy DeVos’s shambolic Senate confirmation hearing. “That was really the tipping point, the day it hit me [that] we really need more educators to run,” she told The Intercept. “I’m sick of people who never taught in schools leading them, and that’s also what we have in Arizona.”

Over the past year and a half, Hoffman has marched for science, for women, for DREAMers, for gun control, and, she said, for “everything.” Most recently, she’s been rallying with the newly formed #RedForEd movement, a grass-roots effort in Arizona to better fund public schools.

Edwina Howard-Jack, a high school English teacher in Upshur County, West Virginia, has spent the past 18 years in the classroom. When West Virginia teachers walked off their jobs in late February, Howard-Jack made the two-hour drive to her state Capitol on eight of the nine strike days to protest in solidarity. “The labor organizing went right along with what I was already doing,” she explained, calling the election of Trump “a wake-up call” for her. Howard-Jack marched for women in January 2017, and, soon after, decided to found an Indivisible chapter in her hometown. “There have just been so many people who were apathetic before, but now want to get involved, and the teachers strike took it all to a whole new level,” she said.

Sarah Gump, a 33-year-old teacher in Kentucky, has taught for six years in the public school system. About two years ago, she got involved with Save Our Schools Kentucky, a grass-roots effort to protest the entrance of charters into their state. (Kentucky became the 44th state to allow the formation of charter schools in 2017.) This year, as Gump has taken some time off to care for her young daughter, she’s continued to organize for public education, but has also gotten more involved with the BlueGrass Activist Alliance, a hybrid Indivisible and Together We Will chapter.

In West Virginia, educators who went on strike won a 5 percent pay raise, the first pay increase in four years. In Oklahoma, teachers won raises of about $6,000, and more in education spending, though most of their other strike demands were not met. Last week in Arizona, after more than 1,000 schools participated in a statewide “walk-in” to call for more education money, Republican Gov. Doug Ducey announced that he could give teachers a 19 percent pay increase by 2020. Ducey’s offer revealed the pressure he faced to avoid a full-blown teachers strike, but so far, educators have voiced skepticism about the governor’s proposal. And in Kentucky, where teachers have been protesting pension and education cuts, activists convinced their legislators this weekend to halt spending on new charter schools through June 2020.

AS THE FOUR teachers movements all progress at different speeds — though summer vacation looms ahead for them all — educators and activists say they are under no illusion that the battles will end with the school year. Leaders have been urging for more attention to be paid to the upcoming midterm elections. “We’ll remember in November” has become the teachers’ rallying cry and warning to politicians.

The teachers in West Virginia are happy because they won this fight, but they know it’s not over,” said Richard Ojeda, a progressive state senator running for West Virginia’s 3rd Congressional District seat. “If you talk to any teacher out there, they’ll tell you 5 percent is not enough, and they’re absolutely planning on removing these people in our state leadership who fought their efforts.”

“Teachers are definitely getting more engaged in the upcoming election,” said Howard-Jack. “They’re really looking at who supports unions, who supports education, and our Indivisible chapter is the same. We’re holding candidate forums, endorsing candidates, writing op-eds. I haven’t seen anything like this energy in the past.”

In a statement released Thursday, Alicia Priest, president of the Oklahoma Education Association, declared that as classes resume, educators “must turn our attention towards the election season. Instead of making our case at the steps of the Capitol, we have the opportunity to make our voices heard at the ballot box. The state didn’t find itself in this school funding crisis overnight. We got here by electing the wrong people to office. No more. … This fight is not over just because the school bell rings once more and our members walk back into schools. We have created a movement and there’s no stopping us now.”

Liberals across the country are hoping for a massive “blue wave” this November. In deep red states, progressives are similarly hopeful, but they are also trying to temper expectations and promote some more modest electoral objectives.

“Our goal is balance,” said Anna Langthorn, chair of the Oklahoma Democratic Party, in a recent interview with The Oklahoman“We know that when our legislature is balanced, when our statewide offices are balanced, that we see more moderate governance and more effective governance, and so that’s what we’re aiming for. We want to break the supermajority in the House. … We want to win the governor’s race. And we want to pick up some seats in the Senate, too. The exact number may not be more than 10 in each house, but we saw that having 28 [Democratic] members made a real difference in budget negotiations, and if we can get to 34 members, that would make an even bigger difference.”

Christine Porter Marsh, a first-time candidate for office in Arizona and the state’s 2016 Teacher of the Year, says she also hopes her candidacy can bring some balance to her state’s red-leaning legislature.

“The Democrats are only two seats down from creating a tie in the Arizona Senate, and in our state, there is no tiebreaker,” she explained. “A tie loses. The seat I’m running for, against an incumbent Republican, is the most purple one in our state. If we can create a tie in the senate, not even a majority, it will be a game-changer for Arizona, because then everyone at the Capitol will have to negotiate compromises, and, to me, that is really motivating.”

Marsh, who has taught for 26 years in the classroom, says she decided to run for office after realizing a little less than a year ago that her lobbying efforts at the state Capitol just weren’t having much of an effect. “My generation of teachers, the ones who have been in it for a long time, we kind of dropped the ball,” she told The Intercept. “We were too focused on staying within the walls of our own classroom — which is so noble and wonderful and that’s what kids deserve — but so many years of doing that has created the situation in which we find ourselves, where students are directly and indirectly harmed by these bad policies.”

John Waldron, who has spent the past 20 years teaching high school social studies in Tulsa, Oklahoma, ran for office for the first time in 2016. He says his race was motivated by what he felt were terrible anti-education policies coming out of his state’s legislature. Waldron lost his race, but he feels more optimistic this time around, not only because he has increased name recognition, but also because of how much more progressive organizing there’s been in his state since Trump took office.

“Our county party has been revitalized as people got back into politics after the 2016 election, and I think if there was a Democrat in the White House, the mood in Oklahoma would be very different,” he told The Intercept. “With Trump, a lot of people who would be voting are staying home out of frustration, and a lot of people who would not be so active are now being quite active.”

Waldron knows his state is conservative, but says his legislature leans even more conservative than its voters, due to special interests funding far-right candidates in uncompetitive districts. While he doesn’t really expect a blue wave that wholly flips his state’s political balance this November, he says he’s optimistic about a decade-long process where voters “move the conversation from the far right, where it is now — where politicians want to arm teachers and to get government out of everything except a woman’s uterus — back to the center.”

According to Waldron, the highly covered Oklahoma teachers strike has “given a lot of oxygen” to his political campaign, because voters, he says, are now well familiar with the demands and frustrations of educators across the state. He says he’s been offering mentorship to other first-time teacher candidates running in Oklahoma.

“I think most of us would rather stay in the classroom, but what we’ve learned from the Oklahoma experience is that teaching is a political act,” said Waldron. “I think us teachers feel ready to handle the legislature, because we deal with teen-aged kids all the time.”

In Kentucky, 40 educators have also recently filed to run for office, organizing under the banner of A Few Good Women (And Men). David Allen, former Kentucky Education Association president, told The Intercept that the majority of these educator candidates are classroom teachers, but some work in higher education, and some have retired. “It’s a statewide kind of movement, if you will,” he said. “I’ve been pleased. We’re nothing without public education. Nothing.”

A Five-Decade Fight to Improve Housing Choices for the Poor

Originally published in CityLab on April 12, 2018.
—–

Yesterday marked the 50th anniversary of the Fair Housing Act, and in Chicago, there’s a man who has spent all 50 of those years fighting to preserve and expand the vision behind it. His name is Alexander Polikoff. He’s 91 years old, and although he’s virtually unknown to most Americans, he’s been almost single-handedly shepherding one of the nation’s most consequential civil-rights lawsuits for more than half his life.

Polikoff was the lead attorney on a landmark case in the 1960s, Gautreaux v. Chicago Housing Authority. It was the first major desegregation case concerning public housing. The lawsuit charged the Chicago Housing Authority and the federal Department of Housing and Urban Development (HUD) with violating the Constitution’s equal protection clause and the 1964 Civil Rights Act by concentrating thousands of public housing units in segregated black neighborhoods. It was named for Dorothy Gautreaux, an African-American public housing resident, community organizer, and activist.

Polikoff’s case made it all the way to the U.S. Supreme Court in 1976, and in the decades since he has overseen its settlement. That included a novel remedy: giving low-income Chicago residents vouchers to move into the suburbs. The nation’s first “housing mobility” program was born as a result of Gautreaux.

The results of these “mobility vouchers” were so unexpectedly positive that in the early 1990s, Congress decided to pilot an experiment dubbed “Moving to Opportunity,” which gave poor families in five cities similar opportunities to relocate to the suburbs.
Maryland’s Senator Barbara Mikulski ended up killing efforts to expand the pilot nationally when homeowners in suburban Baltimore County rebelled, but the debate over the promise and pitfalls of housing mobility has continued to this day.

The actual Gautreaux vouchers have ended (they ran from 1976 to 1998), but there is still an existing Chicago mobility program as a result of the case. And the Gautraeux lawyers, including Polikoff, are overseeing it in other ways—for example, by ensuring that new scattered-site developments of public housing aren’t racially concentrated.

Polikoff, a resident of the Highland Park suburb just outside of Chicago, works as a senior attorney at BPI, a public interest law firm. (Previously, he served as BPI’s executive director for nearly 30 years.) CityLab sat down with him to learn more about his life’s work—Gautreaux—and the mobility movement he helped to build.

I really enjoyed your book Waiting for Gautreauxwhich traces the history of your lawsuit from the early 1960s up to 2006. Looking back now, has anything changed, or do you wish you did anything differently?

There’s some things I wish I made clearer in the book. For example, we always run into people who say, “You know, this mobility voucher business. It’s not going to deal with very many people, so what are you pushing that for? We’ve got to do something about the communities they already live in.”

And you also run into people who say, “Your mobility efforts are interfering with choice.” Those two points of view come up all the time, and one thing I wish I had done differently was respond more clearly to those objections in the book, because they’re both thoughtless.

How so?

With respect to the choice issue, housing mobility proponents are not proposing it as the solution. They’re not proposing it as right for everybody. What we are saying is that while we continue—for God knows how long—attempting to deal with what the high-poverty communities need, and while we’ve worked to death for 50 years and we still don’t have a way to address it effectively, while we’re doing that, should we be denying families the opportunity to get out?

The answer is obviously no. We should be offering mobility as a piece of the solution for those people who want it.

Mobility is purely voluntary, and what they don’t understand is that we’re not pushing it as the answer, but as a humane necessity for the people who want it.

So I understand that housing mobility advocates stress that they’re not forcing mobility, that they recognize it’s a voluntary option that’s not right for everyone. But don’t you and others also say we need to dismantle the segregated ghettos?

Of course! My whole book talks about using that word—dismantling. And nobody is arguing that mobility is going to dismantle the ghetto. You’ve got to dismantle the ghetto even if no one ever thought of the idea of mobility. The two are on different planets.

You’ve been doing this work for a long time. Does anything surprise you any more?

Yes, I actually got a call out of the blue two weeks ago from a woman who is a member of the Vermont legislature. Why was she calling me? To thank me. She [grew up in] one of the first families who moved in the 1970s through the Gautreaux housing program.

She and her sisters and her mother all moved from inner-city Chicago to the suburbs. They moved out there and lived for, I don’t remember exactly how long, four years maybe, and then they moved back because her mother felt she needed to spend her teenage years in an African-American community. But, she told me, those years out of Chicago made all the difference, and that’s why she says she’s the first African-American woman in the Vermont legislature.

How can we not provide something like that when we have the opportunity and the wherewithal to do so?

I see housing mobility as part fair housing, even though I know they began somewhat independently. Do you see those as part of the same movement today?

I do, but mobility is a small part of a much bigger picture. We could have a great housing mobility program, but if that’s all we had, it wouldn’t be anywhere near enough. And it’s partly because it isn’t right for large numbers of people, and partly because of the resource constraints. We’ll never have enough vouchers to make a difference, even if far more wanted to try it than I think will ever be the case. So it’s going to be a small, but vitally important, piece.

Why vitally important?

One, because of what I said before, about it being the right thing to give people who want it.

And two, because of the effect it can have on people’s psyches when they see poor African-American families having improved life chances and taking advantage of those improved life chances in opportunity—meaning white, affluent neighborhoods—and not bringing those neighborhoods down. Having a lot of examples of that is potentially significant.

It’s what Gunnar Myrdal called the “vicious cycle.” If all black people are kept in ghettos, where there’s high crime and high unemployment, and then we say, “Well, there’s someone committing crimes, not trying to work, and he’s black,” it paints a picture that that’s the way all black people are. It’s toxic, and it feeds on itself.

What is the state of housing mobility? Gautreaux was the first, but how much has it expanded? Are all housing authorities trying to do this now?

No, 99 percent are not. As of 2015 there were 15 mobility programs in the country, with seven of them coming from court-ordered settlements.

The two largest programs are in Baltimore and Dallas. Chicago’s is doing better than almost anywhere else except those two places, but it’s still very limited.

Why are there so few?

It’s because of the way HUD regulations are set up and administered. There is really a positive disincentive for housing authorities to do mobility right now.

HUD pays housing authorities administrative fees based on how many people they lease up. Well, it takes longer to lease up in an opportunity area, doesn’t it? It’s harder to do. So the more they spend money on trying to do mobility, the fewer lease-ups they’ll get for which they’d get paid administrative fees.

They really get hit twice—they need to spend more to try to do mobility, because the opportunity vouchers cost more, and then they’re also getting less back from HUD.

We could make it easier for housing authorities to do it, right?

Yes, HUD could.

What’s your relationship to the Gautreaux case now?

I’m still involved, and Gautreaux is a surprisingly active case. They tore down all the public housing high-rises and they’re replacing the high-rises slowly but steadily with mixed-income communities. But we’re seeing to it through Gautreaux that the public housing in the mixed-income communities is dispersed, and visually indistinguishable from the non-public housing. And that’s a lot of work.

Every two years we file complaints, because each one of these things must have a court order. Most of the time we work with the Chicago Housing Authority to reach an agreement, but occasionally we have a fight with them and go to the judge.

How are you feeling about everything after working on things for all this time?

I’m not optimistic, but I’m hopeful. I think the long arc of justice is a good metaphor, and I think post-Trump, maybe we’ll have an emerged progressive community. We’re moving so slowly, but in the right direction. This Trump period is a terrible setback, but I think history is going to view it as a big bump in the road.

A New Type Of Bank Offers A Lifeline For Those Trapped In A Vicious Cycle Of Debt

Originally published in HuffPost on April 12, 2018.
—-

Three years ago Cynthia Tucker relocated from South Carolina to Raytown, Missouri ― a suburb just outside Kansas City ― to be closer to her children and grandchildren. To cover costs of the move, the 62-year-old widow took out a short-term loan. But her borrowed $675 quickly spiraled into a nightmare.

“By the time I thought I had paid over half the loan back, I realized I had gotten nowhere because it had already added hundreds of dollars on top of what I originally owed,” says Tucker, who believes that the lender failed to clearly explain the risks to her. “I thought I was making progress, but with these recurring charges it became so stressful.”

Tucker is not alone. An unexpected medical bill or an unplanned auto repair can toss many people into financial trouble, and 44 percent of adult Americans say they’d struggle to cover an additional expense of several hundred dollars. This is music to the ears of payday loan companies like the one Tucker turned to – voracious businesses that provide cash-strapped people with small, short-term loans, charging high interest rates and fees.

An estimated 2.5 million American households ― about one in 50 ― take out payday loans every year. A typical loan is $350 and costs $15 for each $100 borrowed. Given that more than 80 percent of payday loans are rolled over, or are followed by another loan within two weeks, it’s not hard to see how some of America’s most financially insecure can get trapped in debt indefinitely.

Proponents of the industry point to the lifeline payday loans can provide for people like Tucker.

But there’s a growing movement of alternatives aimed at better supporting those in need. Tucker, for example, turned to the Holy Rosary Credit Union, which paid off her payday loan and issued her a new one with a much lower interest rate. She eventually repaid the credit union and moved on with her life.

Like banks, credit unions offer checking, savings and loan services. But unlike banks, which primarily serve shareholders, credit unions are nonprofit entities set up by members and governed by a volunteer board. Importantly, they generally charge discounted loan rates and lower fees than traditional banks.

A new credit union is set to open this spring in Kansas City, following an eight-year fundraising effort. The WeDevelopment Federal Credit Union is a community development credit union that will differ from most banks and traditional credit unions by specifically focusing on those who have never had access to a bank, or who have been shunned by banks because of past financial trouble.

Community development credit unions “believe in providing individuals with second, third and fourth chances,” says Paul Woodruff, vice president of community development at a community development credit union based in St. Louis.

Kansas City is racially segregated, which means sharp differences in economic supports for different racial groups. In 2013, for example, 45 percent of the city’s black residents lacked access to a bank account or a financial institution.

WeDevelopment will be located in downtown Kansas City, near its second-busiest public transit spot, and is designed to serve residents in one of the most distressed parts of town.

Its operations will rely on interest earned from loans and investments, and moderate transaction fees. Those involved with WeDevelopment told HuffPost they cannot yet give specifics on interest rates, but say they will be competitive with banks. Organizers say they will pursue grants to supplement the cost of services like financial education training.

Woodruff’s team has been helping Kansas City leaders get WeDevelopment off the ground. More than 700 individuals have expressed interest in joining the new credit union, and organizers hope to sign up at least 1,500 members within its first year. Prospective members must live, work, or worship nearby.

“We want to help get people on the path to building credit, to building a secure banking relationship, to building wealth,” says Ajamu Webster, WeDevelopment’s board chair. He adds that community development credit unions are more than just a way for individuals to advance their personal goals. “There’s a social compact that comes with being a member,” he says. “They’re social institutions. This is a social movement.”

The Rev. Susan McCann, board president of the neighborhood advocacy group Communities Creating Opportunity, says community development credit unions are an important part of providing fair financial opportunities to all.

But even community-focused credit unions can’t replace the need to change state laws around payday loans, McCann says. Missouri’s lax payday loan laws allow lenders to charge up to 1,950-percent annual interest. Communities Creating Opportunity and other consumer advocates have been pressuring state lawmakers for years to cap the interest rate at 36 percent ― the maximum rate Congress allows anyone in the armed forces or their family members to be charged.

“Imagine if we can get two, three, four-thousand members in three years ― getting that many people who are tied to an institution that’s thinking about economic development,” Webster says. “This can become a community political force, giving us a new voice to influence what happens in our neighborhoods and the city.”

 

The Teachers’ Movement Goes Virtual

Originally published in The Atlantic on April 11, 2018.
——–

When West Virginia teachers initiated a nine-day labor strike this past winter, they secured national attention and a 5 percent pay raise. Oklahoma and Kentucky educators followed suit, with Arizona teachers threatening to do the same. Amid all this organizing was another strike threat, not previously reported, last week in California: between teachers in online classrooms and the organization that employs them.

Students enrolled in virtual schools (sometimes called “cyber schools” or “virtual academies”) take their classes online. It’s a small phenomenon, representing less than 1 percent of students, but a fast-growing one. According to the National Education Policy Center, about 279,000 students enrolled in virtual schools in 2016, up from roughly 200,000 in 2012. Education experts have been concerned by the growth of virtual K-12 education, especially virtual charter schools, which are publicly funded and privately managed. U.S. Education Secretary Betsy DeVos has touted virtual charter schooling as a particularly ripe area for expansion, emphasizing its flexibility and potential to offer courses that a student’s traditional school might not have. But, in practice, virtual schools, especially charters, have tended to deliver significantly lower academic results than brick-and-mortar ones. “Academic benefits from online charter schools are currently the exception rather than the rule,” wrote the authors of a 2015 report from the Stanford Center for Research on Education Outcomes.

While some teachers gravitate to virtual charters because of the flexibility it offers, salaries can be low, and class sizes are, on average, much larger than in brick-and-mortar charter schools or traditional public schools. (Though virtual teachers don’t have to manage physical classrooms, large class sizes still equate to a heavier workload.) The overwhelming majority of virtual teachers are not unionized. But in 2014, educators at California Virtual Academies (CAVA), California’s largest network of online charter schools with more than 10,000 students and about 450 teachers, decided to create a union, California Virtual Educators United, under the umbrella of the California Teachers Association. After two years of legal battles, CAVA recognized the teachers’ union, and starting in September 2016, the parties began negotiating their first contract over salaries, class sizes, and other issues.

The negotiations represent an important test case of how educators might wield power in a future where online education becomes even more common. According to Brianna Carroll, a high-school social-science teacher in Livermore, California, and president of the teachers’ union, bargaining had been slow-going, especially in recent weeks, when negotiators hit an impasse over class size. Educators said the number of students under their supervision had spiraled out of control, with some teachers stuck overseeing virtual classrooms exceeding forty students, and demanded class sizes be capped. “Either you have teachers who are burning themselves out because they’re trying to meet the needs of everyone, or you aren’t meeting the needs of everyone,” Carroll told me. “It’s really one or the other.”

April Warren, CAVA’s head of schools, declined to comment on many details of the negotiations. “CAVA is dedicated to working together with CVEU to reach a fair and equitable settlement so that we may continue to build upon CAVA’s unique and special achievements in support of the students and families across California,” she told me in an email.

While virtual schools across the country face some of the same struggles roiling traditional public schools, namely decreased state funding per pupil even after local economies have rebounded since the recession, virtual teachers also have to reckon with a newer threat: the involvement of for-profit companies that seek to deliver profits to their investors. CAVA, for instance, is a nonprofit network, but its operations are deeply intertwined with K12 Inc., a publicly traded company based in Virginia. K12, founded in 2000 by William Bennett, the education secretary under Ronald Reagan, and Ronald Packard, a former Goldman Sachs banker, is the nation’s largest supplier of management services and curriculum for virtual charters. The company, according to Education Week, has built a powerful lobbying operation in more than 20 states.

While CAVA describes its schools as independent, Jessica Calefati of San Jose’s The Mercury News, who investigated the arrangement back in 2016, found tax records showing that K12 employees themselves had established more than a dozen online schools in California. CAVA contracts with K12 for all sorts of services: The company provides the schools’ curricula, oversees their budgets, trains teachers, offers technical assistance, and even handles media communications. Calefati wrote, “Accountants and financial analysts interviewed by this newspaper, including several who specialize in school finance, say they’ve never seen anything quite like the arrangement between K12 and the public online academies.” (A CAVA official called The Mercury News investigation a “gross mischaracterization” of the organization’s work.)

CAVA teachers say they organized a union in part to push back on K12’s corporate influence over their schools. “For so long it’s been focused on how to use this charter-school concept to turn a dollar, rather than how to use online tools to support more students,” said Carroll, the union president. “We’re really using the union to push CAVA to have different goals.”

The virtual charter network might benefit from some new goals. In 2016, then-state Attorney General Kamala Harris alleged that K12 and CAVA had used false advertising and inflated their student-attendance numbers to collect extra state funds. Harris also alleged that K12 had trapped the network in debt by saddling cava with an unfair contract. CAVA and K12 agreed that year to settle with the state for $168.5 million. K12 emphasized it had admitted no wrongdoing, and said the attorney general “grossly mischaracterized the value of the settlement just as it did with regard to the issues it investigated.” In an email to The Atlantic, the K12 spokesperson Michael Kraft disputed the AG’s characterization of the schools as indebted. Also in 2016, The Mercury News reported that fewer than half of  CAVA’s high-schoolers earned diplomas, and almost none were qualified to attend the state’s public universities. (K12 disputes this, noting the state does not always have reliable data for nontraditional schools with higher student mobility rates.) CAVA was also hit with a nearly $2 million fine in 2017 after California’s Department of Education found continued issues with attendance reporting and other practices. (CAVA disputed this, releasing a statement that CAVA schools “demonstrated they were consistently operating in full compliance with all state laws and regulations” and planned to appeal the financial penalty.)

Last fall, faced with a stalemate with CAVA over salaries, workday length, and class size, the teachers authorized a strike: More than 90 percent of the 450-member union voted to back their bargaining team if it called for walking off the job. Shortly after that, CAVA administrators tentatively agreed to some new concessions, according to copies of signed agreements provided by the union: a pay raise, a shorter work year, and fewer employment duties, among others.

Still, the fight around class size remained unresolved. CAVA teachers argued that class-size limits would improve academic quality. Carroll said the charter network maintained during negotiations that caps would hinder their needed flexibility. (CAVA declined to comment on its position on class sizes.) When they were still unable to reach an agreement, following a two-day fact-finding mediation last week, union leaders announced they were preparing for a first-of-its-kind strike. A virtual-charter strike would have meant that all online classes would be canceled, and teachers would meet in person to picket at locations such as the CAVA offices in Simi Valley. The strike was to be held in late April or early May.

But the day after the teachers’ strike announcement, April Warren, CAVA’s head of schools, proposed a compromise resolution: Classrooms could be capped at about 30 students, according to a copy of the signed agreement provided by the union, and if a classroom were to exceed that threshold, the teacher would be compensated accordingly. The teachers agreed. “I think the strike played a huge role in helping us resolve this, because that’s what CAVA was constantly saying—‘well, we don’t want a strike,’” Carroll said. Warren declined to comment on the strike threat, but on Monday, she confirmed the parties had reached a tentative agreement and were “working on a timeline for full ratification.” A spokesman for K12 declined to comment.

Carroll says teachers at other virtual charter networks have been reaching out to her, intrigued by her and her colleagues’ union work. While the West Virginia and Oklahoma teacher strikes demonstrate how educators at traditional public schools can still assert formidable collective power, just 11 percent of charters in the United States are currently unionized, and among virtual charters, that number stands at 9 percent. There are several reasons for this: Most charter-school backers and funders take a relatively anti-union stance, asserting that unions will impede a school’s flexibility, and therefore its ability to deliver the best education possible for students. Unions have also been slow to organize charter-school teachers, long viewing them as scabs who threaten their livelihoods. Labor groups have softened their stance towards charter teachers in recent years, but tensions remain as unions continue to work politically to halt charter-school growth.

A successful contract negotiation for cava teachers, though, could help ignite similar efforts elsewhere. The anything-goes approach to virtual education has made it alluring to operators trying to cut costs or make a buck. But if their workers have any say in the matter, online charters’ freewheeling days may be numbered. That would be good not just for educators but for the students entrusted to them.

The Libertarian Who Accidentally Helped Make the Case for Regulation

Published in the April/May/June 2018 issue of the Washington Monthly
—–

Alex Tabarrok is no one’s idea of a big-government liberal. A libertarian economist at George Mason University, he’s best known for cofounding Marginal Revolution, one of the most popular economics blogs on the internet. A deep skeptic of government bureaucracies, he has written favorably of private prisons, private airports, and even private cities.

That’s why a study he co-published earlier this year is so noteworthy. When Tabarrok and his former grad student Nathan Goldschlag set out to measure how federal regulations impact business growth, they were sure they’d find proof that regulations were dragging down the economy. But they didn’t. No matter how they sliced the data, they could find no evidence that federal regulation was bad for business.

Economists—like politicians, arguing spouses, and, yes, journalists—tend to interpret evidence in a way that corroborates their existing worldview. And the dynamics of academia weigh against publishing findings that fail to support a researcher’s original hypothesis. But Tabarrok published his study anyway. That makes him something of a rarity.

Tabarrok came by his libertarianism early. When he was growing up in Toronto, his family would debate political and ethical issues over dinner every night. One evening the Tabarroks were debating the moral value of rock and roll. “I said, ‘Well, look at this band, Rush: they even quote this philosopher Ayn Rand in their songs,’ ” he recalled recently. “My mother said, ‘Oh yeah, you’d probably like her,’ and I felt embarrassed because I was using this in an argument and I actually hadn’t read any Ayn Rand before.” Tabarrok thinks his mother probably regrets her suggestion to this day.

Tabarrok made his way to the U.S. for graduate studies at George Mason, returning there as a professor in 2002. He now directs its Center for Study of Public Choice and is the economics chair at GMU’s Mercatus Center, a research institute heavily funded by Charles Koch and cofounded by Richard Fink, a former Koch Industries executive. The center, which boasts ties to prominent right-wing groups like the American Legislative Exchange Council, funds research to promote free-market policy solutions and the rollback of regulations. (Mercatus is Latin for “market.”) The Wall Street Journal has called Mercatus “the most important think tank you’ve never heard of.”

A few years ago, Tabarrok got a new toy to play with. Until recently, there was never great data available for researchers who wanted to empirically study the effects of regulation. But, in 2014, two other Mercatus Center research fellows developed a new public-use database called RegData, which captures everything published in the Code of Federal Regulations each year. Measuring regulation has always been surprisingly tricky, because when an agency puts out a rule, it can contain any number of new individual legal requirements. RegData addresses that problem by scrubbing the Code for key words such as “shall,” “required,” and “may not.” The theory is that this more accurately measures the number of regulations than simply counting the total number of pages in the Code, as past studies tended to do. RegData also uses artificial intelligence techniques to predict which industry each regulation will affect. The upshot is that, for the first time, economists could more confidently measure federal regulations over time and by industry. In theory, that would make it easier to build the case that regulations were hurting the economy.

For his first paper using the database, Tabarrok decided to analyze the effect of federal regulation on “economic dynamism”—a catch-all term referring to the rate at which new businesses launch and grow, and at which people switch jobs, lose jobs, or migrate for work. There has been a notable and somewhat mysterious decline in dynamism over the last few decades. The rate at which start-ups form is half of what it was forty years ago, the fraction of workers who bounce from one job to another—a sign of competitive labor markets—has plunged, productivity has slowed, and adult employment remains well below its early-2000 peak.

Armed with RegData, Tabarrok and Goldschlag set out to show that regulations were at least partly to blame. But they couldn’t. There was simply no correlation, they found, between the degree of federal regulation and the decline of business dynamism. The decline was seen across many different industries, including those that are heavily regulated and those that are not. They tried two other independent tests that didn’t rely on RegData, and came to the same conclusion: an increase in federal regulation just could not explain what was going on.

“I was pretty surprised that we just kept coming up with nothing,” Tabarrok told me. “I’m a free-market type of person, so it wouldn’t have at all surprised me to find that government regulation is causing decline in dynamism. Ideologically, it fits my priors of the way I would see the world, so, yes, I was expecting to find something.”

Tara Sinclair, an economist at George Washington University who studies labor market issues and didn’t have any connection to Tabarrok and Goldschlag’s study, said she would rank their paper as one of the most important to emerge thus far around regulation and dynamism. “In this space, in this research, there are a lot of advocates—and they can really make the data say lots of different things if you cherry-pick,” she said. “That they chose to report a result that was against their priors is really commendable.”

Indeed, the new paper undermines one of the most deeply held convictions of the American right, one that unites libertarians like Tabarrok with mainstream conservatives: that regulations inevitably impose “deadweight loss” on the economy and are therefore an enemy of economic growth. This idea has been a mainstay of Republican politics since the Reagan era, and the Trump administration has taken to deregulation with missionary zeal. In fact, it’s probably the policy objective that the administration has pursued most successfully—rolling back the Clean Power Plan, repealing net neutrality, freezing the fiduciary rule, and on and on.

The premise that regulations come at the expense of economic activity—that we must always make trade-offs between safety and jobs—is so pervasive that even the American left tends to accept it, defending regulations as necessary evils to promote other social goods. Yet there has never been strong evidence that these trade-offs actually exist. To the contrary, federal regulations have often driven growth and innovation, whether it’s fuel standards spurring new electric cars and solar energy, or the Dodd-Frank law causing an entirely new industry—financial technology—to appear out of whole cloth. (See Anne Kim, “Deconstricting the Administrative State,” June/July/August 2017.)

Not that Tabarrok himself has become a booster for regulation. He doesn’t think much of government’s ability to spark innovation through setting standards; the first thing he did when he last bought a new shower head, he said, was remove its federally mandated flow restrictor. Nevertheless, his research has convinced him that Trump’s aggressive deregulatory agenda is unlikely to reverse the trend of declining dynamism.

If federal regulation isn’t behind the dynamism die-off, then what is? Tabarrok’s paper suggests that economists need to look elsewhere. Eli Lehrer, head of the pro-deregulation think tank R Street Institute, argues that some of the most burdensome regulations are state and local—zoning, building codes, occupational licensing, and the like. Tabarrok and Goldschlag agree that more attention should be paid to the potential effects of non-federal regulations.

But a more likely explanation—one that has been gaining purchase among both think tanks and elected Democrats—is rising corporate concentration. (See Gilad Edelman, “The Democrats Confront Monopoly,” November/December 2017.) The trend of declining dynamism since 1980—along with wage stagnation, rising inequality, and a host of other ills—has tracked a parallel rise in monopolization, as the economy becomes increasingly consolidated in the hands of a few giant businesses. As New York Times columnist Eduardo Porter put it recently, “By allowing an ecosystem of gargantuan companies to develop, all but dominating the markets they served, the American economy shut out disruption. And thus it shut out change.”

This hasn’t happened by accident, but is, rather, the result of deliberate decisionmaking, beginning under Reagan, to dial down the enforcement of antitrust law. In other words, it is a consequence of deregulation, not overregulation.

Tabarrok said he’s open to the theory that consolidation has hurt dynamism, but deeply skeptical that antitrust enforcement can fix it. So he may not become a liberal lion anytime soon—and that’s all right. He deserves praise for his willingness to publish findings that go against his priors and, if not his ideological agenda, then at least the agenda of the people who help pay his salary. These debates get tough because it so often feels like there are warring studies on each side. If more people are willing to stand by research findings that go against their own camp, debating public policy will be a lot more worthwhile.