Teachers Look to Unionize at Another New Orleans Charter School

Originally published in The American Prospect on April 26, 2016.
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Earlier this month, teachers at Lusher Charter School, an arts-based K-12 school in New Orleans, went public with their intent to unionize. Sixty percent of teachers, teacher assistants, and other Lusher staff signed a petition in support, but over the weekend the Lusher board voted 6–5 against recognizing their union. Now the teachers will ask the National Labor Relations Board to hold an election.

If the teachers prevail, Lusher would become the third charter school to unionize in New Orleans, the city with the highest density of charter schools in the country. The first two—Benjamin Franklin High School and Morris Jeff Community School—formed their unions last year. Ben Franklin staff signed the first collective-bargaining agreement for New Orleans teachers since Hurricane Katrina.

Lusher teachers began organizing in secret about a year ago. They waited until they had a majority of teachers in support before they went public, they explain, because they worried they’d lose their jobs or face other negative consequences unless most of the teaching staff was with them.

“I’ve been in a union pretty much all my career and I think it’s a great way to give voice to teachers, and a great asset to a school,” says Julie Sanders, a Lusher social science teacher. This is Sanders’s second year at Lusher, and her 17th year teaching in Louisiana public schools.

Since going public, Lusher teachers have been working to explain to parents and community members why they feel a union is right for them. Some parents wondered if collective bargaining would disrupt Lusher’s unique school culture, or if students’ educations would somehow be harmed. Unionized educators at Ben Franklin and Morris Jeff have also been helping to assuage the concerns of Lusher parents by telling them what having a union has meant for their schools.

Michael Masterson, a teacher who serves as a union representative at Ben Franklin, attended a Lusher community meeting last week to share his experience. “When someone says there are teachers who may have been tricked into agreeing to a union, or someone else says this is going to hurt kids,” Masterson says, “I can raise my hand and say, well, at Ben Franklin we also had people who were really worried about unionizing and it’s turned out okay, the kids are fine, our fundraising is actually up, our applications are steady, nothing bad has happened, and things have been calm.”

Indeed, U.S. News and World Report recently ranked Ben Franklin as the 53rd-best public high school in the United States, and the nation’s 15th-best charter. Ben Franklin’s rankings actually went up 27 spots over the past year.

Lusher is also considered one of the best schools in the state, and Morris Jeff has received national recognition for its approach to creating a diverse student body. This has led some people to wonder why it’s New Orleans’s top schools that are opting to unionize, not others.

Peter Cook, a vocal education reformer based in New Orleans, wrote that it is “apparent that the AFT and its state and local affiliates have been quietly lurking on the sidelines looking for opportunities to eat the city’s charter schools, presumably in an effort to eat away at the city’s reforms from the inside out.” Noting that the American Federation of Teachers has invested nearly half a million dollars into New Orleans charter organizing over the past year, Cook wrote that “we shouldn’t fool ourselves into thinking” the union wouldn’t ruin all the progress reformers have achieved “if we gave them the opportunity to do so.”

Randi Weingarten, the president of the AFT, said in a statement to The American Prospect that the AFT is excited that three New Orleans charter schools “have formed unions and want contracts that give them a voice on the job, resources for their students and treat them fairly.” The AFT currently represents 225 charter schools in 15 states, and Weingarten says “we’re working with educators at other charters in the Crescent City and across the country who want a voice at their school.”

Masterson told the Prospect that “there are definitely other schools” in New Orleans that are organizing unions, but none of them are public yet.

When asked why they think it’s been the more elite, high-performing charter schools that have unionized in New Orleans, both Masterson and Sanders say they believe the stability at their schools plays a significant role.

“Schools with teachers that are stable with their employment are going to be the first to unionize,” says Masterson. “It’s not that the elite schools get to have a union and others don’t. It’s that stability is absolutely key to getting a majority, and having people feel comfortable to come together and not be scared.”

Schools with high teacher turnover—a condition that describes many New Orleans charter schools—can be difficult places to organize unions. “If teachers start having conversations with each other about unionizing, but the next year half the teachers are gone, then that process breaks down more easily,” Masterson says. Other charters, he adds, might be filled with teachers who are not necessarily looking to stay in the profession beyond a couple years, which can make it harder to motivate people to go through the unionization process.

Sanders notes that Lusher has far less turnover year to year than some other charters in New Orleans. She points to Richard Ingersoll, a University of Pennsylvania education researcher who has found that one of the main factors influencing whether teachers stay at or leave a school is how much voice they have in making decisions that affect their job. Increasing teacher voice, job security, and transparency, Sanders believes, will help to keep her school stable and strong.

“We’re trying to be proactive here; the union doesn’t come out of anger or spite,” she explains. “This is just teachers coming to together saying, ‘What would it take to attract and retain the best people?’”

School Desegregation Lawsuit Threatens Charters

Originally published in The American Prospect on January 26, 2015.
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Alex Cruz-Guzman, who came to the United States from Mexico as a teenager, lives in a poor, minority neighborhood in St. Paul, Minnesota. Determined to provide his five children with a quality education, he and his wife were able to send their two oldest daughters—who are now in college—to desegregated St. Paul schools. But it’s become more difficult to find such schools in St. Paul today, and the Cruz-Guzmans were told they would likely be unable to send their three younger children to integrated institutions, even when they offered to transport their kids themselves.

So Cruz-Guzman became a plaintiff in a lawsuit—one that may shape the future of American education. Filed against the state of Minnesota by two veteran civil rights attorneys, Daniel Shulman and his son John Shulman, the suit accuses the state of allowing schools with high concentrations of poor and minority students to proliferate. A 2015 Minneapolis Star Tribune analysis found that elementary school students in the Twin Cities attend more racially segregated schools than they have in a generation. Children who attend such schools, the lawyers argue, achieve far less than their peers in integrated institutions. The lawyers also say that the growth of charter schools, which are even more racially segregated than traditional public schools, have exacerbated these trends.

The Shulmans are seeking a metro-wide integration plan to satisfy what they argue is the state’s constitutional obligation to prevent segregated schooling. They cite the state constitution’s education clause, equal protection clause, due process clause, and the Minnesota Human Rights Act to make their case.

Not everyone agrees that this kind of integration is legally necessary or the best way to meet children’s needs. Some see the suit as a threat to parents’ right to choose the schools that would best serve their children. This is particularly true for parents of color, who sometimes send their children to charters in the hopes of avoiding what they see as hostile traditional schools.

John Cairns, one of the most experienced charter school attorneys in the nation, is working against the lawsuit. “If the state is going to do anything, then they’d have to attack parental choice,” says Cairns. “While the plaintiffs are inexplicit about what their remedy would be, in our view, they’re explicit that their remedy would address charter school enrollments. The only way they could do that is to have some conclusion that parental choice is unconstitutional.”

Daniel Shulman sees in this argument an echo of Plessy v. Ferguson. He thinks charter school advocates are arguing, in effect, that separate schools can be equal. “We don’t think that’s true or the law. If they follow the law, they’ll say separate is not equal, and not equal is inadequate,” he says. “All the data will support that … test scores, graduation
rates. School segregation is a national tragedy and disgrace.”


It’s fitting that this fight would take
 place in Minnesota
, which is both the birthplace of the charter school movement, and a longtime champion of civil rights.

Minneapolis enacted the nation’s first fair housing and fair employment ordinances, and Minnesota passed one of the first state laws banning housing discrimination. In 1948, it was an impassioned speech to the Democratic National Convention by Minneapolis Mayor Hubert Humphrey that led the Democratic Party to pass its first civil rights platform plank. In the early 1970s, under a court order, Minneapolis moved to integrate its public schools. This prompted the state to issue desegregation rules applicable to schools across the state. By the early 1990s, Minneapolis and St. Paul had not a single racially segregated school, and the Twin Cities metropolitan area was one of the most desegregated regions in the United States.

“We had no segregated schools because we had strong civil rights laws and we enforced them,” says Myron Orfield, a law professor at the University of Minnesota and the director of its Institute on Metropolitan Opportunity.

Today, the educational landscape looks quite different. While the number of people of color living in the Twin Cities metropolitan region—defined as Minneapolis, St. Paul, and the surrounding suburbs—has increased considerably over the past two decades, integration advocates say that demographic shifts alone are insufficient to explain the growth of segregated schooling in Minnesota.

And grown it has. Since 2000, the number of elementary schools in St. Paul educating more than 90 percent students of color grew from 2 to 18, while the overall percentage of students of color in the district rose only 11 percent. Similar shifts occurred in Minneapolis. In 1995, the Minneapolis School District was 63 percent nonwhite, but had only two elementary schools that were 90 percent segregated. Today the district has 13 such elementary schools, and 26 percent of district students attend schools with over 90 percent students of color.

MPS SPPS demograpic change chart FIXED.png

The demographics of the 164 charter schools in Minnesota—which roughly 50,000 students attend—have also impelled the state to argue, for the first time, that charters should no longer be exempt from state integration laws. (An administrative judge will rule on this separate dispute in late February.)

The resegregation of the region’s schools, critics say, was the product not just of demographic change but also of conservative pressure in the 1990s to weaken desegregation mandates, coupled with the rise of a charter sector that targeted specific races and ethnicities, thereby accelerating the isolation of poor and minority students. The growth of charter schools, they add, also created new opportunities for white children to congregate in separate schools. Charters attended by predominately white students grew by 40 percent between the 2007-08 school year and the 2012-13 one. Researchers found that more than half of these white charters are located in attendance zones with racially diverse traditional schools.

Opponents of the state’s proposal, and of the Shulmans’ lawsuit, argue that their proponents—state officials, Myron Orfield, and his allies—misapply the label of  “segregation” when talking about charter schools. “I find it offensive and insulting to compare parents of color making choices to send their kids to schools that are better addressing the academic needs of their kids with segregation, a system that was set up by white supremacists decades ago to force students of color to inferior schools,” testified Alberto Monserrate, the first Latino ever elected to the Minneapolis School Board, in early January.

Whether or not one thinks these schools should be considered segregated, the rise of schools with high concentrations of racial minorities—both in traditional schools and in charters—means an increase in the number of schools serving high concentrations of poor students. Researchers at the Institute on Metropolitan Opportunity find the poverty rate at Twin Cities minority-segregated schools to be two-and-a-half times greater than the poverty rate at integrated schools, and five times greater than the poverty rate at predominantly white schools. They also find that math and reading test scores for black students at highly segregated schools are lower than test scores for black students at less segregated schools. Suspension rates, too, are substantially higher in racially segregated elementary schools than in less segregated ones.

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“Yes, there’s a difference between segregation that’s imposed by the state versus segregation that is through choice, the first is worse than the second,” says Richard Kahlenberg, a senior fellow at The Century Foundation and a longtime researcher of school integration. “However, the negative effects of concentrated poverty obtain even when concentrated poverty is a matter of constrained choice.”

 

This is not Daniel Shulman’s first time filing a school segregation lawsuit against the state. In 1995, Shulman sued Minnesota, arguing that segregated schools in the Twin Cities metropolitan area violated both the state and federal constitutions. The case settled five years later, and as part of the settlement, Minnesota established a voluntary integration program between Minneapolis and ten neighboring suburban districts. Most participants were poor minority students who enrolled in predominately white suburban schools.

“But the segregation in Minneapolis and St. Paul is worse today than when I started the first case 20 years ago,” says Shulman. “That’s why I brought the case again, and I’m sorry I waited this long to do it.”

Shulman’s legal strategy rests on a theory that, at this point, is still very much untested. In the past few decades, it’s become increasingly difficult for civil rights advocates to win federal school desegregation lawsuits. Following the 1978 Supreme Court case Milliken v. Bradley, courts began to draw sharper distinctions between de jure and de facto segregation; the Supreme Court said unless it could be shown that a district deliberately sought to discriminate against students by race, it could not be held responsible for school segregation.

“Federal desegregation rulings are about racial discrimination, which looks at intent to discriminate,” says Derek Black, a professor at the University of South Carolina School of Law, who studies education law and policy. “Since the 1980s and 1990s, it’s become more and more difficult to prove intent, which means more and more districts have been released from their desegregation obligations.”

By suing the state, rather than the federal government, the Shulmans aim to bypass all those sticky questions about intent. “What they’re saying is that the actual existence of segregated schools creates an educational harm, and the state ought to correct that harm, regardless of why it came about,” explains Black.

Their strategy has been tried once before, in a 1989 Connecticut lawsuit known as Sheff v. O’Neill. The plaintiffs argued their constitutional rights were violated because the concentration of African-American students in a particular district was a violation of the state’s right to equal education.

The case made its way up to the state Supreme Court, and in 1996, the justices ruled that Connecticut had an affirmative obligation to provide its students with equal educational opportunity. This constitutional right, they concluded, necessitated providing students with integrated educations, and so the state moved to establish an array of voluntary integration options.

Though Sheff is not controlling law in Minnesota, it is expected that Minnesota judges would consider it if they adjudicate the Shulmans’ suit. “I think the more courts that say an idea is a good one, the more likely it is that courts that follow after them will agree,” says Black, pointing to school funding lawsuits as an example. However, Sheff was notably litigated before the rise of charter schools.

In 1993, Minnesota’s Supreme Court ruled that all students are guaranteed a fundamental right to an adequate education. In their new suit, the Shulmans seek to argue that no education could possibly satisfy the state’s adequacy requirement given the highly segregated environments.

Lawsuit opponents argue that “adequacy” should be measured not by the composition of student bodies, but by demonstrated achievement. “What we’re saying is the first thing to look at is whether kids are learning, not who is sitting in the classroom,” says Cairns, the attorney representing the charters. “And once you establish that kids are learning, then that’s the measure of an effective and adequate education.”

Derek Black says most states do consider achievement “outputs” when determining whether students are receiving adequate educations. Such outputs could be scores on standardized tests, graduation rates, or college readiness measures. Though variance exists from state to state, Black says most courts would look at both outputs and inputs. “The question would be whether the failure to provide certain inputs is the cause of an inadequate education, as measured by various outputs,” he says. If Minnesota’s judiciary takes up this groundbreaking case, they will have to decide whether racially and economically integrated schools are necessary inputs.

“I think there’s an increasing recognition that equal education is the constitutional responsibility of state governments, and therefore [states] have to promote policies to avoid racial and economic segregation,” says Phil Tegeler, the executive director of the Poverty & Race Research Action Council, and a leader in the National Coalition on School Diversity. Tegeler hopes lawyers in other states will follow the Shulmans’ lead. “We really need to see more creative, affirmative litigation,” he says.

“This is huge, you could potentially have 50 state lawsuits on this issue,” says Kahlenberg.

Opponents of the lawsuit, and of the state’s plan to include charters under statewide integration rules, say that there’s been a fundamental misinterpretation of what segregation is. They deny that charter schools targeting specific races or ethnicities are illegal or unjust. Rather, they say, these schools provide students with “culturally affirming” environments in which to learn.

Bill Wilson founded one such “culturally affirming” charter in St. Paul—known as Higher Ground Academy. Though Higher Ground’s student body is more than 90 percent East African immigrant and low-income, it’s one of the highest performing schools in the region. Advocates say the school’s success is due to its unique, and culturally sensitive education strategies. “I know people who brought this lawsuit against the state use the word ‘desegregation’ but let’s find the intentional action,” Wilson says. “I won’t call this segregation, I won’t call it racial isolation, because it’s not true.”

“It’s a false analysis that’s being applied to culturally specific charter schools, that tends to consider those schools to be segregated,” testified Nakima Levy-Pounds, the president of the Minneapolis NAACP chapter. “That flies in the face of civil rights history and also the fact that we have historically black colleges and universities around the country that are specifically designed to affirm, enrich, and enhance the educational experiences of African-Americans who we know have faced historical discrimination throughout our time in this country.”

Darrick Hamilton, an urban policy professor at The New School, says his research suggests there certainly could be instances where predominately black schools may be better learning environments for black students. Quoting W.E.B. Du Bois, he says, “The Negro needs neither segregated schools nor mixed schools. What he needs is Education.”

Even among those in the Twin Cities who advocate for integration, the civil rights community remains torn over how to think about charter schools.While the St. Paul NAACP welcomes the Shulmans’ new lawsuit, for example, its leaders have not taken a position on their charter school argument, or on whether charters should be exempt from statewide integration laws.

“It’s hard enough to get a broad coalition of people to say we want to integrate the schools, and when you add the charter school issue, the politics just become much more challenging,” says one Twin Cities civil rights leader. “There are definitely some advocates who say we should focus on desegregating the traditional schools, and if the districts can get their act together then demand for charters will [naturally] go down, because parents will trust that traditional schools can take care of their kids.”

But researchers at the Institute on Metropolitan Opportunity say that segregated charter schools perform even worse than segregated traditional schools. With the exception of a few high performing networks—including Bill Wilson’s Higher Ground Academy—they find that most charter schools that serve high concentrations of impoverished racial minorities produce poorer academic results than traditional schools, even after controlling for variables like poverty and race. The Minnesota Star Tribune also found that slightly more than half of all students in Minnesota charter schools were proficient in reading, compared to 72 percent in traditional public schools.

Defenders of “culturally-affirming” institutions don’t spend much time talking about white charter schools. Yet white charters are on the rise.

“One of the problems with allowing culturally-focused schools to become single-race enclaves is that, once you create a legal justification for these schools, it becomes very difficult to prevent white parents from adopting the same language to create white segregation,” says Will Stancil, an attorney with the Institute on Metropolitan Opportunity. “Integration isn’t about exposing kids to some magic aura of whiteness, it’s about the importance of universal inclusion in education: providing all children full access to the teaching, resources, and networks that the most privileged kids currently have.”

IMO Charters.png

Those who do support including charters in the lawsuit and under statewide integration rules point to a “Dear Colleague” letter that former Secretary of Education Arne Duncan sent around in 2014. Duncan’s federal guidance said charters must be included in court-mandated or state-administered desegregation plans.

“You just can’t exempt charter schools from the basic civil rights laws of the state, they’re supposed to be publicly funded public schools, and they should be subject to the same civil rights requirements as other public schools,” says Phil Tegeler. Myron Orfield says Minnesota is the only state that he knows of that explicitly exempts charters from its civil rights laws.

The rhetoric surrounding these legal battles will likely grow even more charged in the coming weeks and months. By the end of February an administrative law judge should make her final decision on whether charters will be exempt from statewide integration rules. However, if the Shulmans ultimately win their lawsuit, some say this could render any charter school exemptions moot.

“I think ultimately the lawsuit could trump the rule,” says Derek Black. “It could require the state to do a whole variety of things.

Daniel Shulman isn’t worried about what the judge will decide with regards to charters and the state rule. “It would be nice if there were a rule that effectively desegregated Minnesota’s schools—that’s one way the state could begin to remedy the result of its past constitutional violations,” he says. “But this rule is not going to effect the lawsuit.”

The state of Minnesota has filed to dismiss Shulman’s lawsuit, and a judge will consider this motion in a hearing in April. (A spokesperson for the Minnesota Department of Education told The American Prospect that they cannot comment on the case, but is “committed to helping every student achieve academic success.”) If the case is not thrown out—and it can be appealed, if it is—then the trial will likely be scheduled for late 2017.

“I know for a lot of leaders it’s convenient to not do anything or to not talk about these issues, but for the children who are kept separate, it’s wrong,” says Cruz-Guzman. “We feel we’re doing the right thing by bringing the lawsuit.”

Minnesota is not the first state to wrestle with the challenges of balancing school choice and desegregation. And it surely won’t be the last. Cairns, who serves on a litigation panel for the Alliance of Public Charter School Attorneys, says that he and his colleagues recognize the “wide-ranging implications” of this case. Though it’s not a federal suit, Cairns believes its outcome will be “hugely important to provide direction” to the rest of the country.

Charged with Firing Teachers for Organizing, a Chicago Charter Network Settles

Originally published in the American Prospect on January 12, 2016.
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The National Labor Relations Board finalized a settlement agreement this week between Urban Prep Academies, an all-male charter network in Chicago, and more than a dozen Urban Prep teachers who were fired abruptly back in June. The firings came less than a month after a majority of teachers at Urban Prep voted to unionize with the Chicago Alliance of Charter Teachers and Staff (ChiACTS). Urban Prep will pay over $250,000 in back wages and severance to 13 fired teachers, and two of the fired teachers were able to return to work on Monday. The others, who already had taken new jobs elsewhere, waived their right to reinstatement and settled for back pay.

Back in June, the union responded to the firings by filing two unfair labor practice charges with the NLRB. One alleged that Urban Prep fired three teachers for their union activism; the second charged Urban Prep with failing to bargain with the union over all the teachers’ terminations. Educators, parents, and community members organized protests, urging Urban Prep to rehire the teachers.

Urban Prep’s COO, Evan Lewis, said earlier this summer that “the suggestion that anyone was fired as a result of their organizing activity is both wrong and offensive. … We respect and support the right of our teachers to choose a union as their exclusive representative. … Many of the teachers returning next year were active in the effort to organize, and we look forward to continuing our work with them.”

However, the NLRB launched an investigation into the situation, and on November 20, the board issued a complaint, finding that one teacher was fired for union activity and that Urban Prep failed to meet their legal obligations by not bargaining over the teachers’ firings. The NLRB scheduled a hearing for January 13, which has now been cancelled since Urban Prep decided to settle.

“We’re glad we were able to settle the charges rather than having to continue a long legal fight, because if Urban Prep had lost at the hearing they could have appealed,” says Carlos Fernandez, an organizer with ChiACTS. “These kinds of charges can take years to settle, so [resolving this] in just a little over six months is pretty good.”

The teachers at Urban Prep have been meeting regularly with their employer since September to work out the terms of their first contract; the union says they’ve made “significant progress.”There are currently 29 other unionized charter schools in Chicago, and a growing number nationwide.

The total amount that Urban Prep has agreed to pay—$261,346—marks the largest unfair labor practice settlement for charter teachers to date. Back in June, the I Can charter network, based in Ohio, had to rehire four teachers and give seven teachers back pay for firing them during their 2013-2014 union drive. That settlement totaled $69,000.

“It’s unfortunate that these publicly funded schools often react so poorly when their teachers choose a union, and it’s even worse when they’re able to waste so much time and money union busting, something well outside the scope of the work the people of Chicago pay them to do,” says Brian Harris, a special education teacher in Chicago and the president of ChiACTS. “We often hear from charter operator groups that they’re ‘not anti-union but pro-teacher.’ One would assume that the ‘pro-teacher’ part would kick in after a mass illegal firing. Nonetheless, we’re very happy that we can move forward and finally begin to work on what is most important: making Urban Prep a better place to teach and to learn through empowering teachers.”

 

The Charter School Business

Originally published in The American Prospect on December 22, 2015.
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Rutgers University professor Bruce Baker is a longtime expert on charter schools, which are in the crosshairs of a nationwide debate over school performance standards. Recently, Baker, and his colleague Gary Miron, authored a study about the ways in which individuals, companies, and organizations profit through laws and regulations governing the charter school sector. In an interview with The American Prospect, Baker discusses some of the most egregious policy problems, and steps that governments could take to fix them. What follows is an edited transcript.

Rachel Cohen: Your report explores what you call, “The Business of Charter Schooling.” Has this been studied much before?

Bruce Baker: I don’t think it’s been systematically studied because I don’t think there are many unified data sources for this information—it’s more like investigative reporting. I had been repeatedly asked to look into charter school real estate deals and things like that but getting good data just isn’t easy. This was really just a first cut at summarizing the business practices and financial transactions occurring in the charter sector, and what policy structures encourage or permit these things to happen.

RC: You say that current laws and policies governing charters are increasing the privatization of public schooling. What do you mean?

BB: I want to be careful on this issue of ‘privatization’ because I don’t think the intent of our report was to say that public policy is promoting privatization, or that privatization is necessarily bad or good. But there is a long line of case law that carefully parses under what circumstances, and in what settings, certain activities of charter schools are public or private. I’ve coauthored law review articles where we discuss extensively how the charter school industry claims it is “private” when dealing with questions of employee rights, student discipline policies, student handbooks, or contracts, and “public” in other respects.

The idea put forth in our report is that there are certain policy structures, and in some cases lack of policy controls, that are permitting more extensive degrees of privatization in some states. Sometimes it just makes business sense for charter operators, good or bad, or it affords them a way to do something more quickly or cheaply. But I think that some actors in the charter world such as Imagine Schools, White Hat, and Charter Schools USA, are taking advantage of these opportunities in ways that are self-enriching and not in the public interest.

RC: What are some examples?

BB: Sometimes charter providers take actions that are illogical and inefficient from a public policy standpoint, but it might simply be what they have to do to get by. For example, sometimes charter providers create third-party entities, and then pay rent for the school facilities to these new entities. Since charters can’t directly purchase land themselves, these third-party entities allow them to take advantage of tax incentives and to carry revenue-bond debt to purchase property. Unfortunately, because they’re doing this through revenue bonds, they’re getting a crappier interest rate than a district might get and they have to spend a greater part of their operating funds to get facilities. That’s one example of how policy basically backs a charter school into engaging in inefficient activities.

In other cases, charter providers may engage in ethically suspect, but perhaps not illegal, behavior. For example Imagine Schools runs its own property acquisition arm, Schoolhouse Finance. Similarly, Charter Schools USA, a for-profit company, runs Red Apple Inc., and acquires properties to lease them back to the charter school. And in some cases it does actually become illegal. In Kansas City a court ruled that Imagine Schools went over the line with self-dealing, because they overcharged themselves so much in lease payments. [These leases are being paid for with public dollars.]

RC: You note that many public school districts have privatized services for years. What makes what’s happening in the charter sector different?

BB: The modern era of privatized contracted school management started out in the 1990s, as traditional school districts would engage in contracts with private organizations to run schools. But in these cases, the contracted manager works for a local board of education, and is paid through a district budget. So at least at the top level of the organization, the district and the board of education know the details of that private contract.

Whereas if you look at some states, sometimes it may be private entities that actually authorize charter schools, and charters are established through boards of private citizens who then might contract a private company to run their school. The opportunities to shield disclosure, at multiple levels of the hybrid, publicly funded, privately managed and governed system, are dramatically increased in the charter sector.

RC: You note that school districts, many of them starving for cash, have been selling off their public assets—such as school facilities and land—to the charter sector. If one day, the public sours on charter schools, and wants to return to traditional public education—might this not be possible?

BB: Yes, the turnaround would just be too expensive. Maybe 15 years down the line it will be different, but as it stands now, the case for spending sufficiently on a system of public schooling is just not strong. Despite the economic turnaround, most states are still spending less and less on schools.

If you start thinking how much short-run expense would be required to even acquire new urban land to educate students, and then to develop suitable facilities—well, it’s very high. And in some cases, the land and buildings that are being used by charter operators are actually owned by for-profit real estate investment trusts. They’re certainly not going to sell land and buildings back to cities below market value just to support the public good.

I think we do need to be paying more attention to the capital available to educate the children we’re responsible for educating. If we sell it off, and change our minds about charters down the line, we are screwed.

RC: You recommend instating far greater financial reporting requirements. How would this help?

BB: Any entity, private or public, engaged in the delivery of school services should have to report their expenditures. Right now we have to go fishing through IRS 990 forms—if the manager is nonprofit—and it gets very messy. I’d like to see charter financial data reported into a publicly accessible system. Some states do a much better job of this, but you really have to fish for these little pieces of information here and there to try and pull it all together. There’s got to be better accounting for the overlapping financial relationships, so that people can understand how money is being passed between interested parties.

RC: People often talk about charter networks like KIPP, but it seems like there are far bigger networks that slip under the radar. Your research suggests that these networks come with more problems or ethical concerns.

BB: There are certain charter schools we hear about in the media—like KIPP, Uncommon Schools, and Success Academy. And I have my own concerns about the pedagogy and compliance with students’ rights issues at those schools, but when you start looking nationally, what we see is that the dominant players operating charter schools in many states are Imagine, which has found itself in court for self-dealing, White Hat, which was just involved in an Ohio Supreme Court case, National Heritage Academies, Mosaica, Charter Schools USA … and in many states, and nationally in the aggregate, these are much bigger than KIPP or Achievement First, etc.

These networks are not the names we hear about when we hear about the next big study to show how well charters are doing. These are not the networks we hear charter advocates saying we need to expand. Rather we see advocates saying that if we just remove caps and deregulate we’ll see a lot more networks like KIPP. That’s not the case. It hasn’t been the case. And it won’t be the case.

RC: School choice advocates often say that more money is able to “get down to the classroom level” in charter schools, because we do away with large district bureaucracies. This was a common theme in Dale Russakoff’s recent book, The Prize. Is it true?

BB: It’s a complete mischaracterization. It’s one of those cases where the public rhetoric and the research that’s been done really over quite a long period of time are entirely at odds. There are numerous studies that have looked at the administrative overhead expenses of charters and found them to be very high. The vast majority of charters have relatively low total classroom instructional expenses, and studies have consistently found that the proportions spent on administration and other centralized expenses are much higher in charters.

My graduate student, Mark Weber, wrote about the misuse of data in Dale Russakoff’s book.

RC: What recommendations in your report do you expect to garner the most opposition?

I would expect to get significant pushback from the various types of private entities that have enjoyed their current opportunities to shield disclosure.

We also make the case for a centralized, publicly governed authority to manage facilities, or perhaps even all capital resources. Allocating public space to charter operators both reduces the potential for inefficient expense by charter operators and maintains the public’s interest in its public assets.

Some public school advocates, who are fairly anti-charter, have been opposed to the idea of “co-location” which is where a charter and a district school share space within the same building. It has led to some problems, but when I look at the big picture, it’s a hell of a lot better for the public to maintain the public facilities and allow charter operators to use them, rather than sell them off.

I fear this report is going to be seen as us saying all charters are evil, or bad, or money grabbing. What we’re saying is there are good charters but also bad ones, and the bad ones are bigger than you think. Charters represent a significant portion of our public school system system and we’ve got to figure out how to make them work better for the public interest.

Judge Issues Restraining Order After an L.A. Charter Network Interfered with Teachers Union Drive

Originally published in The American Prospect on November 3, 2015.
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Drama has escalated for teachers organizing at the Alliance College-Ready Public Schools, the largest charter network in Los Angeles. Since the teachers, organizing with United Teachers Los Angeles (UTLA), first went public with their union drive in March, they allege the administration has erected illegal barriers to organizing, including intimidating their employees. (Alliance denies these accusations, though some of their leaked internal communications certainly suggest they are opposed to the effort. For example, one memo instructed management to keep their statements focused on “the potentially negative effects of UTLA and any union on fulfilling the school’s mission.”)

Union leaders have filed four unfair labor practice complaints against Alliance, claiming that that administrators have sought to spy on teachers who are organizing, and block UTLA organizers from coming on campus, among other things. Teachers also took issue with Alliance using “funds that could be used for student education to hire high-priced PR consultants, to create an anti-union website.” Towards the end of the 2014-2015 school year, the California Charter Schools Association started to pay Alliance alumni to call parents at home, in order to help galvanize them against the union effort. Part of the script that alumni were asked to read said, “We are asking parents to sign a petition in support of the Alliance as it is today…without UTLA. Will you please sign our petition?”

“Paying alumni to read a script designed to get parents to sign a petition against their own students’ teachers infuriates me,” said Michael Letton, an Alliance teacher, in an UTLA statement.

Alliance’s spokesperson, Catherine Suitor insists that everything the charter network has done in response to the union effort “is to the letter of the law” and says they would not seek to create a coercive or hostile environment.

Two weeks ago, California’s state labor board announced that it would be issuing an injunction, calling for Alliance administrators to quit interfering with the organizing efforts. Then on Friday, in a surprising move, a Los Angeles County Superior Court judge issued a restraining order against the Alliance administrators. The order says that Alliance cannot coerce or ask teachers about their positions on unionization, must allow organizers to come onto school grounds, cannot block emails from the union, and must stay 100 feet away from UTLA organizers.

This restraining order will remain in place until November 17, when the judge considers the state labor board’s injunction request. Union organizers will now be allowed to enter into school buildings after school hours.

In March, 70 teachers first announced their intent to join a union, and by June, 146 teachers had signed on in support. Shaun Richman, AFT’s deputy director of organizing, says the current number stands at 124 teachers, after losing some supporters over the summer who no longer work at Alliance. Forming a union will require 50 percent-plus-one of the charter’s roughly 600 teachers to sign on in support.

Earlier this fall, news leaked that the Broad Foundation seeks to enroll at least 50 percent of L.A. public school students in charter schools over the next eight years. Currently, about 16 percent of students in the district attend charters. Such an expansion would undoubtedly threaten the jobs of many unionized teachers in the district.

While the Broad Foundation’s charter expansion plan would require about 5,000 teachers, their documents make no mention of recruiting from teachers already working for L.A. Unified. It does discuss recruiting from Teach for America and other alternative teacher training programs. “While TFA is important, we predict they can provide just 15 percent of our total need,” the report stated. “In order to significantly narrow the teacher recruitment and training gap, we will need other providers like the Relay Graduate School of Education or TNTP (formerly known as The New Teacher Project to come to Los Angeles.” The report estimates that training for new teachers for their charter expansion plan will cost about $43 million over the eight-year period.

According to The Los Angeles Times, the number of teachers in the district has shrunk to about 25,6000 over the last six years, down from about 32,300. The district says that half that decrease is due to the growth of charter schools.

Tensions rise at City Council discussion of charter-school funding

Originally published in Baltimore City Paper on October 8, 2015.
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A large crowd of charter advocates convened at City Hall last night wearing orange T-shirts that read #SAVE THE CHARTERS BMORE. The City Council was discussing a resolution to withdraw a charter funding proposal that had already been withdrawn. The district’s proposal, introduced on Sept. 8, was scrapped on Sept. 22. Councilman Bill Henry, vice chair of the council’s education committee, introduced the resolution on Sept. 21.

Henry’s resolution called upon the school district to “reconsider its inequitable proposed public charter funding formula to ensure that adequate funds are allocated to all Baltimore students in accordance with state law.”

“All members of the Baltimore City Council co-sponsored this resolution,” said Henry at Wednesday’s meeting. “If we all sign onto it, it can’t be that controversial.” He went on to say that he recognized the proposal was already withdrawn, so “in a very basic but important way we already won.” His hope was to use the meeting as an opportunity “to step back” and think these issues through.

Earlier in the afternoon, before the City Council meeting began, Gregory Thorton, CEO of Baltimore City Public Schools, sent a letter out to families and staff with a district update on the charter-school funding situation. While Thorton expressed a commitment to working with the charter coalition, he said that when the district had originally withdrawn its proposal, it did so under the impression that the charter operators would withdraw their lawsuits too. The district believed this would allow “discussions between us, to be facilitated by former Mayor Kurt Schmoke . . . held publicly, in a spirit of collaboration, and with open dialogue not constrained by pending legal action.”

However, Will McKenna, executive director of Afya Baltimore Inc., an organization that governs charters, challenged the district’s assertion in his testimony last night, saying that none of the charter litigants ever suggested they would drop their lawsuit. “It feels dishonest to have to hear that,” he said.

Councilman Brandon Scott asked the district what evidence they had to suggest that charter operators ever intended to drop their lawsuit. As Dawana Sterrette, the district’s legislative liaison, tried to formulate an answer, parents from the audience tittered. “Honesty is the best policy!” one hollered. “Transparency!” shouted another.

Finally, Sterrette answered that there was “an intermediary” between the school system and the charter representatives, who informed them that the charters would drop their lawsuit if the proposal were scrapped. Sterrette did not name names or provide more concrete details, which was unsatisfying to the crowd.

When I spoke with Bobbi MacDonald, the executive director of City Neighbors Foundation, a few days ago, she told me the litigants had no intention of dropping the lawsuits, but would possibly consider putting their cases on hold.

Kate Primm, the founding principal of the Green School of Baltimore, testified at Wednesday’s meeting, reiterating that the nine operators involved in the litigation had no plans to drop their cases.

The audience was packed with people, mostly charter supporters, but just a few signed up to speak. Several-charter school parents gave speeches, as did a Patterson Park Public Charter School fourth-grader. Kim Truehart, a longtime citizen activist, also offered testimony, pushing the crowd to think more seriously about equity for all of Baltimore’s children.

When I approached Truehart after the meeting, she said she felt the whole evening was just “a publicity stunt” because the mayor, not the council, holds the real power over these issues. Truehart said it “shocked the heck out of her” when Mayor Stephanie Rawlings-Blake decided to intervene in the charter dispute given how hands-off she’s been with education issues generally.

It’s not clear where this all will lead, but several takeaways were evident. One is that the charter advocates aimed to send a message that they believe North Avenue is mismanaging money, which hurts both charter students and traditional students. While everyone acknowledged the need for more state funding, the charter leaders suggested there was more district officials could be doing to efficiently manage their money and get more funds down to the classroom level.

The mediation, led by Kurt Schmoke, will not be binding, but Alison Perkins-Cohen, speaking for the district, said they want it to be a public process, in a public setting, given the funding formula’s impact on the broader community.

It’s not yet clear what the terms of the mediation will be. It was not clear, based on last night’s testimony, whether public mediated talks are a major priority for the charter operators. It is also not clear how having litigation open at the same time as the mediation will impact the parties’ ability to be transparent.

“I don’t understand how Baltimore City Public Schools can be expected to negotiate in good faith with this lawsuit hanging over our heads any more than I can see how Baltimore charter schools can call themselves public schools without paying their fair share of public school costs,” said Ben Dalbey, a city schools parent.

Given that the charter funding formula impacts all district students, and considering that the charter operators are calling for a greater culture of accountability and transparency, finding a way to ensure that the mediation is open to parents, community stakeholders, and reporters seems to be a wise condition for any future effort.

On New Philanthropy, Education Reform, and Eli Broad’s Big Plan for L.A. Schools

Originally published at The American Prospect on September 22, 2015.
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The Los Angeles Times published a confidential document yesterday, which seems to confirm earlier reports that the Broad Foundation wants at least 50 percent of L.A. public school students educated in charter schools over the next eight years. Currently, 16 percent of students in L.A. Unified attend charters, and according to the report, getting to 50 percent would require creating 260 new schools, for 130,000 students, at a cost of $490 million.

“Los Angeles is uniquely positioned to create the largest, highest-performing charter sector in the nation,” the report stated. “Such an exemplar would serve as a model for all large cities to follow.”

Hmmm. That sounds familiar.

Earlier this month, veteran Washington Post journalist Dale Russakoff published a new book, The Prize, which explores education reform efforts in Newark from 2010-2015. Her book details the goals, mistakes, and challenges reformers encountered as they tried to “transform” Newark’s struggling school system—largely through expanding charters, closing “failing” schools, and implementing new teacher pay scales. The political drama and backroom dealings led by New Jersey Governor Chris Christie, Newark Mayor Cory Booker, and Facebook CEO Mark Zuckerberg offers humbling lessons to all those working to improve public education, no matter where one comes down on the policy specifics.

Like Eli Broad’s vision for Los Angeles, a key goal for Newark education reformers was to make the city a model for the rest of urban America. Booker wanted Newark to be transformed into “a hemisphere of hope” and repeatedly told Zuckerberg that their goal was not just to fix local education, but to develop the “high impact programs and best practices” that could fix education in all major cities. Booker believed that if he could succeed within a difficult district like Newark, then he could succeed anywhere. He emphasized that Zuckerberg’s investment could help lead to the “blueprint for national replication across America’s urban centers to transform its youth.”

This month, HistPhil, a blog that explores the history of the philanthropic and nonprofit sectors, has been running an excellent series on philanthropic involvement in education. Their effort is well timed: As billionaires like Mark Zuckerberg, Bill Gates, and Eli Broad continue to pour hundreds of millions of dollars into education reform, the need to understand what’s historically new, and what’s not, is more important than ever.

Sarah Reckhow, a political scientist and author of Follow the Money: How Foundation Dollars Change Public Schools, contributed to the HistPhil series by looking specifically at Mark Zuckerberg’s experiment in Newark. Reckhow notes that there exists a “perennial drive” for philanthropists to create national reform models. She points to the Ford Foundation’s Gray Areas program in the 1960s, an effort that philanthropists had hoped could serve as a national model for urban policy. “The fallacy of the national replication model—at the expense of truly listening and understanding local circumstances—is a lesson that philanthropists must relearn time and again,” Reckhow says.

Other cities experimenting with education reform are similarly interested in “scaling” their efforts. Many point to the academic gains seen in New Orleans—the urban district with the highest percentage of charter schools in the country—as reason to implement their reforms elsewhere. “We don’t know if similar efforts can be replicated in other cities,” argued Neerav Kingsland, a prominent New Orleans reformer. “But we owe it to the children of this country to try and find out.” Tulane economist Doug Harris, who has conducted the most rigorous research on New Orleans reforms to date, says it’s questionable whether their model would work in other cities given the unique economic and political conditions present in New Orleans after Hurricane Katrina.

OK, so reformers and philanthropists are drawn to ideas that can scale—and apparently have been for a long time. Still, how should we be thinking about Eli Broad’s plan to “charterize” L.A.? Is there anything new about today’s crop of philanthropists? Several contributors to the HistPhil blog argue yes.

Sociologist Robin Rogers says that the ideas held by modern philanthropists reflect those commonly seen in the venture capital world. She cites an influential article from 1997 in The Harvard Business Review that encouraged philanthropists to pursue social change using tactics commonly employed in the business sector. “Considered to be more muscular than traditional approaches to philanthropy, the new philanthropy appeals to many men who made money in tech or finance sectors,” Rogers writes. “These (primarily) men have great faith in the tools and techniques that they used to disrupt the old economy and usher in the new one.”

While modern philanthropists share some similarities with their rich predecessors, Rogers argues that today’s bunch are far more likely to focus on “institutional pressure points” rather than provide support for a diverse set of projects. (She points to the Gates Foundation’s involvement in promoting the Common Core standards as an example, as well as dogged support for expanding charter schools).

Jeffrey W. Snyder, a postdoctoral research fellow in education, philanthropy, and advocacy at the University of Michigan and Michigan State University, also wrote a HistPhil post exploring differences between “old” and “new” philanthropy—specifically in terms of their priorities and philanthropic methods. For one thing, Snyder finds that “new foundation granting in recent years far surpasses the total given by old foundations.”

Source: Jeffrey W. Snyder, HistPhil blog

Source: Jeffrey W. Snyder, HistPhil blog

He also says that newer foundations do indeed have different priorities compared to older ones. The latter tends to give substantially to university-based programs and research that aims to improve existing educational systems, while newer foundations donate heavily to charter schools and other organizations that push for more radical change.

We don’t yet know what’s going to happen with Eli Broad’s plan to “reach 50 percent charter market share” within Los Angeles public schools. And it wouldn’t be fair to assume he’ll behave just as Mark Zuckerberg did in Newark, or as other billionaires have elsewhere. Still, paying attention to historical precedent is important, and there seems to be sufficient reason to be wary. As The Washington Post’s art critic Philip Kennicott wrote just days ago, Eli Broad “is a self-made man…who has also built and burned bridges all across [Los Angeles]. Ask around, and no one seems to like him, though many call him effective…They admire his brilliance, covet his money, fear his power and lament his character, which is described as imperious, egomaniacal and relentless.”

Obama’s Mixed Record on School Integration

Originally published in The American Prospect on August 31, 2015.
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As Congress debates competing revisions of the No Child Left Behind Act over the next several weeks, lawmakers are unlikely to spend much time looking at the growing problem of segregated schools. Despite strong academic and civic benefits associated with integrated schooling, and a unanimous Supreme Court decision which ruled that “separate educational facilities are inherently unequal”—American public schools have resegregated quickly by race and class over the past two-and-a-half decades.

Many advocates had hoped to see the Obama administration take steps to address rising school segregation, but so far its record has not been great. While the Department of Education has paid lip service to the need to promote integrated schools, and has included modest diversity incentives within a handful of federal grants, it refused to use larger education initiatives like Race to the Top to encourage states and districts to prioritize school diversity. In some cases, the department actually pushed policies that made segregation worse.

The Obama administration came to power at an interesting time for the integration movement. With the help of Reagan-appointed judges and justices, court decisions in the 1990s absolved many local districts from their legal obligations to desegregate schools. Between 1988 and 2006, the number of black students attending majority-white schools dropped by 16 percentage points. Between 2000 and 2008, the number of schools where at least 75 percent of students qualified for free or reduced-meals—a proxy for poverty—jumped from 12 percent to 17 percent.

But many districts were also interested in racial and economic diversity, even if they weren’t legally required to promote it. And so various voluntary integration experiments began cropping up around the country. These new efforts seemed promising but quickly faced legal challenge. In a pivotal 2007 decision, Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court rejected voluntarily desegregation plans in Seattle and Louisville, on the basis that their particular student assignment strategies relied too explicitly on race. But the Court did clarify that, under certain conditions, districts can use race-conscious measures to promote diversity. Justice Kennedy even endorsed specific strategies to do so, including magnet schools and interdistrict plans.

The years immediately following the Parents Involved decision sparked confusion, largely thanks to the Bush administration. While the majority of Supreme Court justices said districts could consider race in school assignments, the Bush administration posted a federal guidance that suggested only race-neutral means of pursuing integration would be legal.

In 2009, shortly after President Obama took office, a group of educators, policy advocates, and civil rights leaders came together under the banner of the National Coalition on School Diversity (NCSD) to try and push the new administration to take action.

“Our very first goal was to get the Department of Education to take down the guidance from the Bush administration, which told schools they could not promote racial and economic diversity,” said Phil Tegeler, executive director of the Poverty & Race Research Action Council and NCSD coalition member. Their efforts were ultimately successful. By December 2011, the department posted a new guidance, which affirmed the Supreme Court’s decision and listed various ways school districts could pursue voluntary integration.

Other NCSD efforts met less success. One of their primary objectives has been to get the Obama administration to prioritize school integration within their competitive federal grant programs. While Secretary of Education Arne Duncan has repeatedly said that he supports school diversity and wants to reduce racial isolation, his department has not, for the most part, translated such support into its competitive programs.

Despite NCSD’s urging, the department declined to use its largest grant, the $4 billion Race to the Top initiative, to promote racial diversity. Duncan argued that including incentives for voluntary integration would have been too difficult to get through Congress. He also said that when it comes to successful integration efforts, we can’t “force these kinds of things.”

In 2013, Richard Rothstein, a research associate at the Economic Policy Institute,responded strongly to Duncan’s arguments, pointing out that “no education secretary has been as deft as Arne Duncan in creating incentives—both carrots and sticks—to get states to follow his favored policies that are technically voluntary.” Duncan used incentives to get states to adopt Common Core standards, to promote after-school programs and early childhood education, and even within Race to the Top, incentives were used to encourage states to adopt teacher evaluation systems tied to student test scores. But in the case of school integration, Rothstein noted, suddenly Duncan sings a different tune.

“Only in this area, apparently, does Secretary Duncan believe that progress must be entirely voluntary, unforced by carrots and sticks,” Rothstein wrote. There have been plenty of opportunities to incentivize racial integration, such as rewarding states that prohibit all-white suburbs from excluding poor people through zoning ordinances, or withholding No Child Left Behind waivers from states that allow landlords to discriminate against families using federal housing vouchers. “Adoption of such ‘voluntary’ policies could make a contribution to narrowing the academic achievement gap that is so much a focus of Secretary Duncan’s rhetoric,” Rothstein said.

Despite a frustrating first term, desegregation advocates have seen some progress in the last couple years. The Department of Education recently began to include diversity as a funding priority in several of its smaller grant programs like the preschool development grants and its charter school grants; it also announced that magnet-type integration approaches are eligible for the school improvement grants (SIG) program.

While modest, these changes have led to some important new integration experiments. At the end of 2014, New York’s education commissioner, John King, helped launch a socioeconomic integration pilot program to increase student achievement using newly available federal SIG funds. King has since moved to the Department of Education, where he now serves as Arne Duncan’s senior advisor.

Other advocates have capitalized on the Department of Education’s 2011 guidance. David Tipson, executive director of New York Appleseed, says it was an absolute game-changer for his work in New York City. “Getting that correct interpretation, with some real practical guidance for school districts, I can’t even emphasize how important that was,” Tipson said. “There was a very deliberate effort to misconstrue the 2007 [Supreme Court] decision and put fear into many school officials across the country. Everything we’ve been able to do to promote school integration has come in the wake of getting that new federal guidance in place.” New York Appleseed, along with community stakeholders, sought to design a zoning plan that would help keep a school located within a gentrifying Brooklyn neighborhood integrated. Officials resisted at first, but they eventually relented after advocates presented them with the federal guidance. Thus at the beginning of the 2013-2014 school year, Brooklyn’s P.S. 133 became the first school in Bloomberg’s administration to foster a specific mix of students based on socioeconomic status and English proficiency. At the school’s ribbon-cutting ceremony, the city’s school chancellor said he believed their innovative admissions model could be replicated elsewhere.

While advocates of desegregation are happy to see the administration beginning to prioritize diversity within its grant programs, some feel these gestures are too little, too late.

In a letter sent to Secretary Duncan last July, NCSD noted that while the Department of Education has included preferences for diversity within some grant programs, in practice, the department has “consistently underemphasized” these incentives. Many grants still make no mention of diversity at all, and in cases where they do, officials tend to weigh other competitive priorities far more heavily, rendering the modest diversity incentives ineffective. For example, in one grant, applicants could earn an additional five points if their school was diverse, but applicants could earn twice as many bonus points if their school would serve a high-poverty student population

The only federal education initiative to significantly emphasize integration is the Magnet School Assistance Program (MSAP), a program first launched in 1976. However MSAP has limited impact today due to the small amount of federal funding it receives. Even though charters are far more likely than magnets to exacerbate segregation, the department gave MSAP $91.6 million in 2014, compared to the $248.2 million it gave the Charter Schools Program.

Advocates have not given up. Next month in D.C., the NCSD will be hosting a national two-day conference, bringing together scholars, educators, parents, students, and policymakers to continue, “building the movement for diversity, equity, and inclusion.” John King will be speaking on a panel there about the progress they’ve made, and further challenges they face on the federal level. NCSD hopes that King’s new role at the Department of Education will motivate the government to take integration efforts more seriously. The department’s press secretary, Dorie Nolt, told The American Prospect that “we’ve taken meaningful steps, and we want to do more.”

Yet this administration has fewer than 18 months left. And the next secretary of education could quite easily end even the modest progress that NCSD has fought for. “Promoting voluntary school integration is an area where the department has a lot of leeway to act on its own, in terms of trying to encourage state and local governments to prioritize diversity,” said Tegeler. “But that also means the next department has a lot of leeway to not act.”

Unionized Charter Teachers in Chicago Reject Merit Pay

Originally published on The American Prospect’s Tapped blog on August 17, 2015.
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Last week, unionized teachers at three schools operated by Civitas—a subsidiary of the Chicago International Charter School network—negotiated a new contract that no longer has merit pay in it. This means 31 out of 32 unionized Chicago charter schools have now rejected merit pay. And the one unionized charter that still has it—Rudy Lozano Leadership Academy—is currently negotiating a new contract and teachers hope to remove it there as well.

Merit pay, a policy that ties teacher salaries and bonuses to student standardized test scores and evaluations, is one of the most controversial tenets of the education reform movement. The idea has been tossed around for decades, but has never really gained steam. Most teacher salaries are tied to their level of education and the number of years they’ve been teaching.

Michelle Rhee, former chancellor for Washington, D.C., schools, says merit pay is needed to create the kind of culture “where excellence is rewarded.” Proponents believe that this kind of policy would incentivize high-quality teachers to enter the profession. The Obama administration’s $4.3 billion Race to the Top program encouraged states to implement merit pay systems within their schools.

While teacher salaries are notoriously low, many teachers have generally opposed merit pay because they do not think the system in which they’d be evaluated could ever really be objective or fair. They also worry that it could have unintended consequences, like incentivizing cheating or teaching to the test.

Brian Harris, the president of the Chicago Alliance of Charter Teachers and Staff, said that when his school unionized in 2009, they first tried to improve their “really awful” merit pay scheme by negotiating more objective metrics into their evaluation system. Teachers aimed to reform merit pay, not remove it.

Over time, according to Harris, teachers began to feel increasingly frustrated with even their new-and-improved merit pay system. When I spoke to Harris in April as I was reporting my When Charters Go Union piece, he had told me, “the opposition to merit pay at my school has grown insane.” Four months later, it’s now gone.

I asked Harris if anyone in his union wanted to keep merit pay and he said he has no idea. “Nobody has been brave enough to tell me to my face that they like merit pay.” He did note that some who like the idea of paying teachers who work really hard more money, acknowledge that it is really difficult to do so fairly. “Even a lot of people who were evaluating us acknowledged that this stuff was unfair,” Harris said.

About eight months ago, their union released a document with guiding principles for contract negotiations. Beyond killing merit pay, other contract goals include advocating for smaller class sizes, increasing teacher voice, and securing protected time during the workday to grade, plan, and collaborate.

It will be interesting to see if the momentum that unionized charter school teachers have created in Chicago motivates other non-unionized charter teachers who are dissatisfied with merit pay to consider unions of their own. It will also be interesting to see if this creates any pushback from the public—a majority of public school parents say they support the idea of merit pay.

A New Course: Larry Hogan wants to change Maryland’s unique charter school laws and bring in more charters, but will kids suffer?

Originally published in Baltimore City Paper on August 5th, 2015.
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Baltimore City Paper cover

Baltimore City Paper cover story

At the end of 2014, just weeks after Larry Hogan won a surprise victory in the gubernatorial race, the governor-elect announced that he would push to expand Maryland charter schools once in office.

“We shouldn’t be last in the nation in charter schools,” Hogan declared—referring to Maryland’s spot in the state ranking system designed by the National Alliance for Public Charter Schools (NAPCS), an advocacy organization that promotes charter schools around the country. According to NAPCS, Maryland has the nation’s “worst” charter law. The Baltimore Sun editorial board, echoing NAPCS, has said Maryland boasts one of the “weakest” charter laws in the United States.

In late February and early March, legislators in Annapolis listened to testimony related to charter reform bills that Gov. Hogan introduced in the House and Senate. Supported by the Hogan administration, a coalition of charter school operators, and national education-reform advocates, the bills met fervent opposition from teachers, principals, and community members.

“I don’t care what the National Alliance for Public Charter Schools, a lobbying group out of Washington, D.C., has to say about the charter school law in Maryland or where they rank Maryland relative to their own biased standards. Neither should you,” testified Megan Miskowski, a speech language pathologist at Patterson Park Public Charter School. It’s Maryland’s strong law, she argued, that explains why Maryland charters have never wrought the level of fraud and abuse so prevalent in places such as Minnesota and Louisiana—states that receive high marks from NAPCS. “Who are they to define what is best for Maryland children?” Miskowski asked. “We do not answer to them.”

The Maryland Charter School Act passed in 2003 and the first state charter schools opened their doors in 2005. A decade later roughly 18,000 students attend 47 Maryland charters—34 of them concentrated in Baltimore City. A version of the Public Charter School Improvement Act eventually passed, but it was substantially watered down from Hogan’s original proposal, and many believe he’ll push a stronger law again next year. The heart of the debate centers on competing visions for the future of public education, and whether one believes Maryland has the best charter law in the country or the worst.

The publicly funded but independently managed schools known as charters have grown significantly since the first one opened in Minnesota 23 years ago. Today more than 6,700 charters exist in 42 states and Washington, D.C. and their numbers are climbing. Albert Shanker, then-president of the American Federation of Teachers (AFT), first proposed the charter school idea in 1988; the influential union leader imagined a new kind of school that could serve as a laboratory for innovative and experimental education practices. The hope was not only to serve kids within charters who might benefit from alternative educational models, but also to carry newly discovered best practices back into traditional schools for all students to enjoy. In Shanker’s vision, charter teachers would still be unionized district employees, but certain labor regulations would be relaxed to promote greater innovation.

Maryland’s charter culture sets it apart from most other states in several ways. First, under the law all Maryland charter teachers are considered public school employees and represented under their district-wide collective bargaining unit. While this actually most closely resembles what Shanker had imagined, few states today adopt this particular model. According to the Center for Education Reform (CER), just 7 percent of all charter school teachers nationwide are unionized.

Another distinctive characteristic of Maryland charters has been a general commitment to innovate within the district, as opposed to outside of it. In other states, the law may allow for multiple charter authorizers, such as churches, universities, or nonprofits. In Maryland, however, only the local school board can authorize charter schools. “I’d say the strong desire [of Maryland charters] to work within the school district is fairly unique,” says Joceyln Kehl of the Maryland Alliance of Public Charter Schools, a newly formed coalition of charter operators around the state. “Maryland is hugely pro-union and Democratic, so that’s just our context,” she adds.

Additionally, Maryland charters must comply with a greater number of state and local regulations than charter schools in other states. While detractors of Maryland’s law argue that this creates an inflexible environment for the independent schools to operate in, supporters point out that Maryland has not had any of the kinds of problems related to fraud, abuse, and mismanagement that charter schools in states with decreased regulation have had. “It is true that Maryland charter school law provides more oversight than many other states,” testified Deborah Apple, a charter school teacher at the Baltimore-based Wolfe Street Academy. “It is also true, however, that our charter school system is more effective than most.”

A stronger level of oversight, a close relationship with the school district, and unionized charter teachers illustrate the uniqueness of Old Line State charters. The vast majority of schools are considered “mom and pop” charters, meaning parents or former local educators founded them, as opposed to some of the larger national charter management organizations (CMOs) that have developed presences in other cities. According to an Abell Foundation report released this year, many high-performing CMOs have expressed reticence or disinterest in coming to Maryland given the conditions in which they’d have to operate. While the Maryland charter law has facilitated the growth of strong schools with little to no fiscal and academic issues, the question is whether such growth is sufficient, and whether the state’s law should change in order to entice more CMOs to expand into Maryland.

Baltimore’s 34 charter schools educate 13,000 of the district’s 84,000 students. Bobbi Macdonald, co- founder of the City Neighbors Charter School, is one of Charm City’s veteran operators. City Neighbors was one of the first charters to open up in 2005, and since then Macdonald has opened two more schools. Reflecting on the evolving dynamics between Baltimore charter operators and the district, Macdonald describes years of intentional relationship building. “I don’t believe that school systems are made out of steel, they’re made out of people,” she says.

In 2004, after the charter law passed and before the first schools opened, Baltimore’s new charter operators formed a coalition to organize and advocate for their collective interests. This coalition grew increasingly formalized as the years went on. “The work of the coalition became really focused on defending our autonomy and the rights of children in charter schools,” says Macdonald, who served as the coalition’s co-chair for the first six years.

Many charter operators spoke favorably, even nostalgically, of Dr. Andrés Alonso’s six-year tenure as city superintendent, which ended at the end of 2012-2013 academic year. “Dr. Alonso had a clear vision of wanting to provide a portfolio of school options for families, and to create opportunities for innovation and then replicate those practices,” says Allison Shecter, the founder of the Baltimore Montessori Public Charter School, one of the city’s most popular charters. “I think when Dr. Alonso was here we had a really strong relationship and participated in a lot of ways on many different levels,” says Macdonald.

Since Alonso’s departure, the relationship between charter operators and the district has grown more strained. “I’d say it’s a challenging relationship. It’s not a partnership unfortunately,” Shecter says. “We’d like it to be a partnership but in order for it to be a partnership there needs to be consistent and ongoing communication back and forth around policies that may impact charters.” Many operators say they feel the district is neither accountable nor transparent, which fuels growing levels of distrust.

One issue charter operators repeatedly raise is that they believe the district short-changes them when it comes to per-pupil funding. Under state law, the district must provide “commensurate” funding between traditional schools and charters. Currently, the district allocates $7,300 per traditional school student, and $9,400 per charter student—which is supposed to take into account that Maryland charters have to pay for the cost of their facilities, programming, salaries, and other school-level costs, which the district pays for in traditional schools. However, the formula that the district uses to come up with these amounts is unclear, and operators are convinced that what they’re getting is too low. Charter operators believe that they should be getting closer to $14,000 per pupil. Debates around these dollar amounts grow very charged.

Not everyone at charters agrees the district is shirking its funding responsibilities. “Charters still receive more per pupil, even after those extra costs are covered,” says Matthew Hornbeck, the principal at Hampstead Hill Academy, a charter located just south of Patterson Park. “Everyone, with the exception of some of the charter operators, knows that.” Hornbeck, who has served as his school’s principal for 12 years, has been outspoken about what he sees as a district funding formula that unfairly favors charters.

“I was a charter operator and I absolutely knew we were getting more than traditional public schools,” adds Helen Atkinson, the executive director of Teachers’ Democracy Project, a local organization that helps teachers engage in public policy and develop more social justice curricula.

Jon McGill, the director of academic affairs for the Baltimore Curriculum Project, the city’s largest charter operator, describes the relationship between charters and the school district headquarters on North Avenue as “overall harmonious” but says he does wish the district would be more transparent about how about how exactly it spends its slice of per-pupil funding. He thinks charters “lose the PR game” because the public sees them as always asking for more money. One reason the funding issues get so heated, McGill suggests, is because some operators have taken huge personal risks to open charter schools, and feel they need more reassurance that the district truly supports their efforts. “Some people have 30-year mortgages to worry about,” he says.

While for the past decade the story of Baltimore charters has mostly been an intra-district struggle, Gov. Hogan’s rise to power signified a turning point for the Maryland school-choice movement.

The legislation Hogan introduced would have dramatically changed the charter law passed in 2003. His proposals included provisions to exempt charter school employees from the district bargaining unit, as well as from many state and local requirements such as teacher certification. Hogan’s bill would have enabled charter schools to compete against traditional schools for state public construction money, and the bill would have required districts to explicitly define “commensurate funding” to mean that charters should get 98 percent of the per-pupil amount that traditional public school students receive, leaving 2 percent left over for district administrative expenditures.

“It did take us by surprise,” says Kehl. “As a charter sector, we were not expecting legislation this year, and we’re grateful that Governor Hogan finally wanted to cast an eye on the charter sector.” While charter operators around the state met with legislators and held school meetings to discuss why they supported Hogan’s bill, Kehl acknowledges that their advocacy “wasn’t as robust an effort had we been really prepared for it.”

Once news of Hogan’s charter bill went public, Maryland charter teachers began to organize together in new ways. In Baltimore, teachers convened and decided to form the Baltimore Charter School Teacher Coalition. Educators broke up into committees to strategize and implement an organized political response to the bill.

Corey Gaber, a sixth-grade literacy teacher at Southwest Baltimore Charter School who was active in the coalition, says part of the reason they formed their group was because they were dissatisfied with the pace and quality of the Baltimore Teachers Union’s (BTU) response. “We felt like we needed to reach out and inform teachers about what was going on and we didn’t feel like the union was doing it effectively,” he says. Gaber acknowledges that among Baltimore charter teachers there exists a “constant contradiction of feelings”—in some ways they are dissatisfied with the current union leadership, but on the other hand, teachers are proud to be being unionized district employees and deeply value their protections. With fellow charter teacher Kristine Sieloff, Gaber wrote an Op-Alt for City Paper (“The injustice of a two-tiered education system in Baltimore City,” March 31) and Gaber created and helped to circulate a petition that garnered hundreds of signatures from both charter and traditional public school teachers.

“The interests of traditional teachers in charters and public are exactly the same right now,” says McGill, who thinks the proposed bill would have created deep divisions between Baltimore educators.

The BTU helped circulate another petition for charter teachers and charter educational support personnel, roughly 740 people in total, and more than 90 percent of eligible petitioners signed. “I spoke with every teacher I know, teachers were universally against [the legislation],” Gaber says.

In addition to local educators who worried about losing their collective bargaining rights and allowing non-certified teachers to work with kids, other leaders pushed back against what they saw as a deeply inequitable funding structure embedded into Hogan’s legislation.

“Charter advocates rely on the premise that as money flows from a regular school to a charter school, the costs of the regular school go down proportionately. Sounds good; it’s just not true,” wrote David W. Hornbeck in a Baltimore Sun op-ed published in February. Hornbeck “recommended the approval of more than 30 charter schools” while serving as Philadelphia’s superintendent of schools from 1994 to 2000, and he now believes he made a grave mistake. Hornbeck, who also served as superintendent of Maryland schools from 1976 to 1988 (and is the father of Hampstead Hill principal Matt Hornbeck), pointed out that Pennsylvania’s charter law is ranked much higher than Maryland’s and “yet its charter growth is contributing significantly to a funding crisis that includes draconian cuts to teachers, nurses, arts, music and counselors in Philadelphia.”

Bebe Verdery, the director of the Maryland ACLU Education Reform Project, also submitted testimony against the bill, arguing that the proposed funding formula would result in severe cuts to traditional schools. “Simply put, students without any special needs would get funding the state formula intended for others,” she said. Verdery also objected to a provision that would have allowed public capital repair funds to go toward private buildings that housed charter schools, saying, “this would further strain an already insufficient pool of state resources for addressing the state’s $15 billion school repair and construction backlog.”

Hogan’s legislation said “commensurate funding” should mean that charters get 98 percent of what traditional public schools receive because a 2005 State Board of Education ruling determined that districts needed only 2 percent of per-pupil funding to cover central administrative costs. But when the Department of Legislative Services (DLS) surveyed local school systems later on, it found that administrative expenditures make up closer to 10-14 percent of per-pupil spending. Critics argued that if 98 percent were legally guaranteed for charters, but necessary administrative work still had to be done, then money would be taken from traditional public school students, potentially leading to increased class sizes, special educators with enormous case loads, or cuts to after- school programming, gym, and art.

Local charter operators insisted that their goal was not to bankrupt the district, but simply to fight for parity. “We believe strongly that we can achieve this without harming funding for other schools,” testified Ed Rutkowski, the executive director of Patterson Park Public Charter School.

The watered-­down bill that Hogan ultimately signed was a grassroots victory for some, and a major disappointment for others. The Center for Education Reform, which hired several lobbyists to push for the bill’s passage, was so dismayed with the final result that it actually urged the governor to veto it, insisting that this would be a step back for Maryland school choice, not one forward.

The final bill ended up removing mostly all provisions that had generated controversy. It grants greater autonomy to charters that have demonstrated five years of success, and it provides for increased flexibility with student enrollment. The bill also authorizes the Maryland State Department of Education (MSDE) and the DLS to complete a study by the end of October 2016 to determine what a more appropriate figure should be for districts when it comes to commensurate funding.

“The law that passed was more subtle and more evolutionary rather than revolutionary,” said Hampstead Hill’s Hornbeck. “It did not trash a good law, like the governor’s proposal tried to do.”

Given that the governor still had support from MarylandCAN, a pro-charter advocacy organization that helped to craft the original legislation, Hogan went ahead and signed the bill into law. It’s an imperfect bill, but it creates “the pathway” to expand charters and it grants more flexibility to existing ones, said Keiffer J. Mitchell Jr., Hogan’s special adviser on charter schools.

“As the state with the most restrictive charter law in the country, these small steps forward, while welcomed, are not enough,” said Jason Botel, the executive director of MarylandCAN, in a statement. “They must be the start, not the end, of our work to dramatically reform charter school policy in our state.”

Kara Kerwin, the president of CER, believes MarylandCAN is mistaken to think that they can just go back and improve on the new law later. She points out that the new law clarifies that only the local district board—not the Maryland State Board of Education—can authorize new charters, and that online charter schools are now explicitly prohibited from operating within Maryland.

In an interview, Kerwin describes online charters as “one of the biggest innovations right now that’s helping so many students who aren’t brick and mortar types.” However, several studies have found that online charter schools tend to provide a lower-quality education than traditional schools, and a 2011 New York Times investigation found that K12 Inc., one of the nation’s largest online charter school operators, “tries to squeeze profits from public school dollars by raising enrollment, increasing teacher workload and lowering standards.”

Most people interviewed for this story do not believe the new law will lead to an expansion of Maryland charter schools, one of Hogan’s top policy priorities. “The final bill that passed was very limited in scope, it doesn’t have a whole lot of changes,” Macdonald says. “But it’s a step in the right direction.”

So what does this all mean for the future of Maryland charters?

“I have no doubt that this was round one and [the operators] are going to try again as long as Hogan’s governor,” Gaber says. “We’re going to keep fighting. We started this teacher coalition knowing that this is a long-term fight and we need to be organized and ready before the next time comes.”

Kehl thinks that the Maryland Alliance of Public Charter Schools, which just officially emerged as a statewide group in July, will focus on building a more unified policy voice and cultivating a stronger presence in Annapolis. “Our charter sector has matured,” she says. “If you believe that schools shouldn’t be one size all, then you have to create a system that supports that. I don’t see how you can make change if you keep everything the same.”

Whether new legislation will be introduced next year is an open question. Kerwin of CER thinks such an effort would be futile, even if they tried. Todd Reynolds, the political coordinator for Maryland’s American Federation of Teachers, says some legislators might decide it makes sense to wait until after the new MSDE/DLS study is completed.

While the emerging landscape appears fraught with tensions between the district and the charter sector, there still remains a possibility that Maryland charters will chart a different sort of future than that of other states.

Even though Macdonald of the City Neighbors Charter School supported Hogan’s legislation, she acknowledges that some parts made her feel ambivalent. While she feels strongly that Maryland charters need more autonomy and bureaucratic relief, she also wants to preserve collective bargaining rights for charter teachers. “I feel like Maryland is so unique in our stance,” she says. “I haven’t yet seen the bill I would really fight for.”

In a few months, on Oct. 22, the Teachers’ Democracy Project will be hosting a big meeting between teachers, charter operators, politicians, union officials, and school board members to try and figure out a way forward that doesn’t require another heated legislative fight. Atkinson believes the current law is good, but that Baltimore teachers—charter and non-charter alike—should be organizing for more money for all schools. “We’re going to try to hold an open conversation about what people’s concerns are,” said Atkinson. “The operators are reasonable, they’re not right-wing, they’re not trying to get charters to take over the world. Their main frustrations are with the union contract and some of the ways the district controls things.”

McGill thinks that a more collaborative push for charter reform from the district, teachers, and charter operators “would be the ideal” solution but worries things are growing too polarized for that to materialize. Gaber, however, says that the Baltimore Charter School Teacher Coalition has also discussed how they want to stand for something, and not just against reform. “I think it would be a good idea for us to be more proactive,” adds Reynolds of the AFT. “We should get back to what charters were intended to in terms of offering innovation that can then be brought into traditional schools.”

The question of whether some of the larger CMOs would be interested in setting up schools in Maryland remains uncertain. Kehl says it’s important to help facilitate more attractive operating conditions because “there’s a certain point where you tap out your local leadership” and if you “can’t attract national talent” into Maryland, then you’ve just closed the door on quality options for kids.

Others see luring CMOs as a less urgent priority, especially given how the state increasingly underfunds public education. In his latest budget, Hogan increased state education funding by 0.4 percent, but cut Baltimore City’s funding by 3.3 percent. Attracting those CMOs—which would likely be into Baltimore—might mean redirecting funds toward charter facility expenses or pushing harder to restrict collective bargaining. Maryland might also experience some of the financial strain that rapid charter growth in other states has placed on traditional schools.

Testifying last spring, CEO of Baltimore City Public Schools Dr. Gregory E. Thorton said Hogan’s bill would work “to the benefit of large out-of-state charter organizations—to the detriment of Maryland’s most vulnerable student populations.”

While the Baltimore City School District might need to work harder to collaborate with its local charter sector, and the teacher unions may need to re-examine some provisions within their contracts, it’s not yet clear that Maryland’s unique charter culture is headed out the door.

State law currently allows charters to negotiate waivers and exemptions from certain aspects of the district-wide collective bargaining unit. That’s how Baltimore’s KIPP charter school was able to extend its school week; KIPP had to agree to pay its staff more money for the increased number of working hours. Theoretically charter operators could sit down with union leaders to discuss some of their most pressing concerns around staffing, innovation, and autonomy. “It’s not meant to be a one-size-fits-all situation,” says Reynolds. “You can sit down with the union and negotiate a Memorandum of Understanding. We have done that, and I think that’ll continue.”

“I think it would be amazing to sit down with the union and really roll up our sleeves,” says Macdonald. “I do think it’s really important for teachers to be unionized, to collectively bargain, and to get paid well, but I also think if we want to innovate and serve the children of Baltimore, we really have to allow [for] some more flexibility.”