Under Trump, Liberals Rediscover School Segregation

Originally published in The American Prospect on August 11, 2017.
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At the American Federation of Teachers’ biannual TEACH conference in July, union president Randi Weingarten gave a provocative speech about school choice, privatization, and Donald Trump’s secretary of education. “Betsy DeVos is a public school denier, denying the good in our public schools and their foundational place in our democracy,” Weingarten declared. “Her record back in Michigan, and now in Washington, makes it clear that she is the most anti–public education secretary of education ever.”

But it was Weingarten’s remarks about choice and segregation that ultimately drew the most fire: She highlighted politicians who had used school choice as a way to resist integration following Brown v. Board of Education; she argued that the use of private school vouchers increases racial and economic segregation; and she emphasized that privatization, “coupled with disinvestment, are only slightly more polite cousins of segregation.”

Her speech came on the heels of a new Center for American Progress report, entitled “The Racist Origins of Private School Vouchers,” which presented similar historical arguments. CAP and the AFT—liberal institutions that sparred over education reform during the Obama years—held a joint event on the report the week before, emphasizing that voucher programs generally benefit the most advantaged students, lead to increasingly economically segregated schools, and divert needed resources from public education. With Trump in the White House, teachers unions and the influential liberal think tank have apparently found some common ground.

The backlash from conservatives and education reformers was swift and fierce. TheWall Street Journal editorial board argued that Weingarten’s speech demonstrated that she “recognizes that the public-school monopoly her union backs is now under siege, morally and politically, for its failure to educate children, especially minority children.” Rick Hess, the director of Education Policy Studies at the American Enterprise Institute, called CAP’s report “misguided, misleading and historically inaccurate.” And Peter Cunningham, who runs an education reform advocacy group, wrote in response that Weingarten was just projecting the flaws of traditional public schools and unions onto her opponents.

While many of these critics have long championed dismantling much of the public sector, there is something conspicuous about American liberalism’s newfound focus on school segregation.

Though CAP and teachers unions regularly speak about educational “equity,” it’s no secret that neither have been very vocal about school segregation in the past few decades. CAP, which strongly touted charter schools during the Obama years, had nary a word to say then about charters’ impact on racial and economic isolation. Even now, as CAP takes a new outspoken stand on private school choice and segregation, it has stayed silent on the segregative risks of chartering.

The relationship between teachers unions and desegregation efforts has been complicated, too.

In some respects, teachers unions served as leaders for the pro-integration liberal establishment during the years following Brown v. Board. Historian Jonna Pereillo traces these dynamics in her book Uncivil Rights. Teachers unions joined forces with civil rights activists to push for integrated schools, reduced class sizes, increased health and social services, and improved school facilities. Charles Cogen, who served as the president of New York City’s United Federation of Teachers between 1960 and 1964, and then as AFT president from 1964 to 1968, took strong stances in support of rezoning and school integration. Pereillo notes that Cogen pushed his union “to fight the tendency of many Northern liberals to see both sides of the integration debate,” emphasizing that liberal teachers should “stand by a forthright and consistent decision” to push for integrated schools. The UFT’s highest ranking black officer, Richard Parrish, also filed an amicus curiae in the Brown caseand the AFT later expelled some Southern locals that refused to cooperate with the Supreme Court’s decision.

But while unions backed efforts to integrate and equalize public schools, they generally opposed initiatives that would have required transferring educators into schools they didn’t want to work in. Focused on the unequal work environments between black and white schools, unions argued that to transfer teachers against their will would represent yet another example of teachers’ lack of agency over their professional lives.

Put differently, the AFT and its affiliates played an important role pushing for integration, but when teachers were asked to make the same sacrifices as bused students, unions pushed back, firmly asserting that working conditions in black schools would have to be improved first.

By the late 1960s, many black parents grew increasingly frustrated with the teachers unions’ stance—one they felt was cowardly and racist, and an excuse to avoid serving their children. Many also grew increasingly disillusioned that public schools would ever actually integrate, and, as part of an ideological and strategic shift away from integration to black power, they began pushing for greater decision-making power over their local segregated schools, including who should be allowed to teach, and what subjects educators should be allowed to teach. Teachers, in turn, balked at having their job requirements dictated to them by non-educators, internalizing it as yet another sign that they lacked agency over their professional lives.

And as the teachers-union movement grew—UFT membership, for instance, soared 66 percent between 1965 and 1968—thousands of the newer members proved to be more conservative in political orientation. “Unionists who had once enacted progressive social and political works through their unions now found themselves at odds with a growing number of new members who wanted little to do with civil rights projects,” Pereillo writes about the period.

In the 1970s and 1980s, court decisions that mandated busing for integrational purposes became an explosive issue for many white parents of school-age children. In such presumably liberal bastions as Boston and Los Angeles, busing opponents won elections to school boards and other public offices, at times shifting public discourse and policy well to the right, and not only on education issues. The fierce political opposition to so-called “forced busing” led much of the liberal community, including teachers unions, to turn its attention, resources, and political capital elsewhere. Activists within the African-American community also began to focus less on integration and more on issues such as funding disparities and school discipline. While school desegregation had always been controversial, the busing backlash transformed it into a third-rail issue.

But beginning in 2014, issues of racial justice began to re-enter liberal rhetoric in a more overt way. Following a wave of high-profile police shootings and the rise of the Black Lives Matter movement, the public started to grapple more openly with the legacies and realities of American racism. Teachers unions were not immune to this reckoning.

In the summer of 2015, at the National Education Association’s annual meeting, members voted on a historic new resolution to fight institutional racism, which they defined as “the societal patterns and practices that have the net effect of imposing oppressive conditions and denying rights, opportunity and equality based on race.” That same summer, the AFT formed its own Task Force on Racial Equity to outline how the union could move schools away from zero-tolerance policies, reform discipline practices, and create more supportive environments for young black men.

Yet despite powerful new cases against segregation from a diverse set of thinkers—including writers like Ta-Nehisi Coates and researchers like Raj Chetty—neither the AFT nor the NEA had yet to tackle segregation head on, even with their increased focus on issues of race and discrimination. And elsewhere in the liberal community, fears of provoking more white backlash in a nation where white nationalism was on the rise put a damper still on discussions of desegregation.

This tension was illustrated last summer, at the Democratic National Convention in Philadelphia, when I had the opportunity to interview NEA President Lily Garciaabout her views on education policy.

Rachel Cohen: There’s been a renewed national discussion around school integration since the 60th anniversary of Brown v. Board of Education two years ago. School segregation was notably absent from the Democratic Party’s K–12 platform. Why isn’t school segregation getting more attention, and do you think the NEA could play a bigger role in pushing desegregation forward?

Lily Garcia: If you take a look at the most highly segregated schools, if you’re looking at all Latino kids, or all African American kids, then you’re mostly looking at charter schools. Poor communities usually end up being described as “poor, minority” communities. Why do those words go together? Why do those two adjectives have to describe the same communities? You can’t just treat the school. You have to treat the entire community. You have to treat poverty.

Integrating schools will not cure the poverty that affects those students. What they’ve done to integrate schools in some places where I’ve been is that they’ve closed down the school in the black neighborhood, and put those kids on a bus, and shipped them for an hour to the white school. They usually broke up the community so that you wouldn’t have a majority-minority school. We’ve seen [integration] done so poorly. What we really want to focus on is equity.

Cohen: Do you draw a distinction between the movement to integrate schools and equity?

Garcia: When you talk about school integration, there’s so much more than let’s just have black, brown, and white children sit together in the same classroom. You can do that simply by assigning kids to different schools. But why are there deep pockets of poverty where black and brown children live? You have to be talking about the roots of what’s going on.

Garcia’s responses were emblematic of the union’s fraught position. They expressed an obvious concern with questions of racial justice, broadly defined, but a resistance to engaging the specific, narrower question of racial segregation. Indeed, Garcia’s criticism of busing, and especially her dismissal of integration as “hav[ing] black, brown, and white children sit together in the same classroom,” might strike civil rights advocates as akin to the talking points deployed by conservative defenders of segregation. This language is not unusual in certain education reform circles, but less common coming from a more progressive organization. And while AFT President Randi Weingarten had spoken more supportively about integration efforts than her NEA counterpart, she too had avoided directly answering questions about her union’s role in addressing segregation, and acknowledged that busing opposition has made integration advocacy difficult. As recently as last year, almost no one in the liberal establishment seemed inclined to tackle school segregation head on

Until now.

There is no question that the election of Donald Trump and his appointment of Betsy DeVos to lead the Department of Education has created a new political landscape for liberal organizations, including on the issue of school integration. The attacks on the Trump administration’s school choice agenda as segregationist have both reflected and led to a wave of liberal concern over segregation.

Over the past six months, the focus of liberals’ education policies has changed. DeVos was rightly skewered in February when she praised leaders of historically black colleges and universities for being the “real pioneers of school choice,” failing to recognize that HBCUs were created as a response to unabashed racial discrimination. Critics seized upon this blunder as evidence that the school choice movement does not care about or understand segregation.

Liberals and teachers unions have also jumped at the opportunity to assail school privatization as racist, a perspective many had long believed but far fewer had verbalized. Now, when attacking DeVos’s enthusiasm for tax credit scholarships and private school vouchers, progressives point to Trump’s support for such racist policies as immigrant deportations and police brutality; his administration’s enthusiasm for vouchers and charters, they say, must be understood as yet another extension of the president’s discriminatory agenda.

“Racism is unfortunately and undeniably part of the context through which policy proposals emerging from this administration must be considered,” wrote Catherine Brown, CAP’s vice president of education policy.

The Century Foundation, another influential liberal think tank, published research in March that emphasized the risks that private school vouchers pose for integration efforts. (CAP and the AFT relied on this research when crafting their recent talking points on school choice.) Century Foundation senior fellow Richard Kahlenberg wrote in The Atlantic that policies to promote school integration took “a significant hit” from the Trump administration when it recently killed a $12 million grant program to support local districts boosting socioeconomic diversity.

While these critiques are overdue and welcome, the timing sometimes seems politically convenient. For instance, the grant program Kahlenberg lamented was only months old at its time of death, established in the final days of Obama’s eight-year presidency. Prior to that, his administration by and large refused to promote desegregation in the bulk of its major education initiatives. In some instances, Obama’s education team even incentivized policies that exacerbated racial and economic isolation, in part by treating competitive grant applicants who served segregated populations more favorably than those targeting diverse ones.

Many liberal institutions have modified their rhetoric on issues of segregation since Donald Trump came to power, but some still only invoke it when referring to vouchers. CAP and the Century Foundation, for example, have directed their focus on the segregative effects of vouchers, but much less so on charters.

Political tribalism plays a role here.There was great pressure, both explicitly and implicitly, for progressive organizations to defer to the charter-friendly agenda of the Obama administration. And it’s simply easier for labor to politically oppose Trump and DeVos than to fight Obama and Arne Duncan (Obama’s education secretary), even when the latter could be relatively cold to teachers unions (and they to him).

But now, with Trump in office, the NEA has adopted its first new policy position on charter schools since 2001—and it’s far more harsh than its old one. Among other things, the new policy blasts charters for helping to create “separate and unequal education systems” that harm communities of color, language that clearly harkens back to the Brown decision. The AFT has long been more generally critical of charters than the NEA, in part because charters are more heavily concentrated in cities where AFT locals dominate. But now with Trump, the AFT has also begun incorporating sharper critiques of segregation into its criticism of school choice. (The latest comes this week in a Dissent article by Leo Casey, the executive director of the AFT’s Albert Shanker Institute.)

A longtime NEA staffer has noticed “a real uptick in interest” in discussions of segregation at union headquarters over the last year. For a very long time, the staffer said, unions have been influenced by the same political climate that affected other liberal institutions, viewing many earlier desegregation efforts as either abject failures or politically toxic. In recent years, though, as the union-friendly Economic Policy Institute has published more and more on the harm caused by racial and economic segregation, the NEA staffer says they can tell it’s having an impact internally within their union. “Having an organization like EPI, with its stature in the labor movement, focusing on this issue really does change the dynamics,” the staffer said. While for decades progressives have looked at desegregation as a political dead end, the calculus—at least in some ways—appears to be changing.

If unions and think tanks are recent arrivals to the reinvigorated movement to promote school integration, they’re still ahead of much of the country, and civil rights advocates will surely welcome their help. But they may also have an opportunity to learn from organizations that have been fighting these battles far longer. Notable among these is the NAACP, which has long focused on the intersections of school choice and racial segregation. Partly due to concerns about segregation, the organization approved resolutions in 2010 and 2014 raising issues about charter schools. This was followed by a resolution in 2016 calling for a moratorium on new charters until more research could be done, and last month the civil rights group published a new report outlining policy improvements they plan to push for in the charter sector going forward. The NAACP’s campaign against segregation more broadly has been central to its mission since its founding over a century ago.

It’s important to recognize the complicated factors that bring groups to the 21st century’s burgeoning civil rights movement, because right-wing critics will certainly not hesitate to cry hypocrisy or opportunism. But there’s opportunity here too: opportunity for labor and policy organizations to develop a stronger commitment to school integration, learning from the experience of civil rights veterans; and opportunity for those veterans, who need allies now more than ever, to hold newly vocal advocates accountable for long-professed commitments to integration and justice. Political coalitions are always imperfect at their start, but that’s never meant a powerful movement couldn’t be forged from them in the end.

 

The National Labor Relations Board Says Charter School Teachers Are Private Employees

Originally published in The American Prospect on September 8, 2016
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The National Labor Relations Board issued a pair of decisions in late August, which ruled that teachers at charter schools are private employees, therefore falling under the NLRB’s jurisdiction. The cases centered on two schools with teachers vying for union representation: PA Virtual Charter School, a statewide cyber charter in Pennsylvania, and Hyde Leadership Charter School, located in Brooklyn. In both cases, the NLRB concluded that the charters were “private corporation[s] whose governing board members are privately appointed and removed,” and were neither “created directly by the state” nor “administered by individuals who are responsible to public officials or the general electorate.” The NLRB determined that a charter’s relationship to the state resembled that of a government contractor, as governments provide the funding but do not originate or control the schools.

For Donna Novicki, a seventh grade science teacher at PA Virtual, the NLRB’s decision signaled that her long wait for a union had finally neared its end. Novicki and her colleagues voted to unionize in March of 2015, but her school challenged the NLRB’s jurisdiction, and the case has been under the board’s review ever since. The votes, which were impounded after PA Virtual challenged the election, were finally counted yesterday, and the teachers voted for unionization by a 57-to-15 margin.

Novicki has been teaching for 17 years, in both charters and traditional brick-and-mortar schools. This marks her 12th year at PA Virtual. “The teachers at PA Virtual are an amazingly dedicated force,” she says. “But we work longer hours, we work more days, we carry greater student case-loads, and after all that, we get paid less than our traditional counterparts. We’re hoping for a union to better meet that compromise with the end goal of greater student success.”

The NLRB’s decisions came amidst fierce ongoing debates over whether charters are truly public schools, or tools to privatize education. Unions and charter critics say charters are happy to be “public” when it affords them state and federal dollars, but claim they are private when seeking to hide from public oversight, or to opt out of rules applicable to those in the public sector. Advocates defend charters as public schools, saying they are open to all students, free to attend, and funded by taxpayers.

To understand the significance of these recent NLRB decisions, one has to go back a few years.

In 2010, charter teachers at the Chicago Mathematics & Science Academy (CMSA) filed for union representation with the Illinois Educational Labor Relations Board. CMSA responded by saying its teachers fell under the purview of the NLRB, because their school was a privately incorporated nonprofit, governed by a corporate board. While the regional NLRB director initially dismissed CSMA’s challenge, the national labor board agreed to review the case. The National Alliance of Public Charter Schools, the most prominent national charter advocacy organization, filed an amicus brief in support of CSMA’s position, arguing that “charter schools are intended to be and usually are run by corporate entities that are administered independently from the state and local governments in which they operate.”

In a 1971 Supreme Court case, NLRB v. Natural Gas Utility District of Hawkins County, the justices deemed Hawkins County a “political subdivision”—and therefore public—by looking to see if it was created directly by the state, or administered by individuals who are responsible to public officials or the general electorate. The NLRB applied this same “Hawkins test” to the CMSA charter, and concluded in 2012 that CMSA was not a political subdivision, and thus private. While advocates sometimes say that charters’ public nature is evidenced in part by their need to comply with various laws and regulations enacted by public officials, the NLRB concluded that most government contractors are “subject to exacting oversight in the form of statutes, regulations, and agreements.”

Since 2012, the landscape has remained fairly murky for charter teachers looking to organize; charter operators have challenged the jurisdiction of both public labor boards and the NLRB, depending on which their staff is petitioning for the right to unionize.

In April 2014, teachers at the Pennsylvania Cyber Charter School—a different, but similarly named virtual charter—voted for union representation. (This school has gained notoriety because its founder and former CEO was accused and finally pleaded guilty to $8 million in tax fraud.) While Pennsylvania Cyber challenged its staff’s attempt to unionize with the NLRB, the regional director dismissed management’s challenge, citing the 2012 CMSA case as precedent.

Two months later, though, the U.S. Supreme Court issued a ruling in National Labor Relations Board v. Noel Canning, saying that President Obama’s recess appointments of three members of the NLRB were unconstitutional. This ruling called into question hundreds of decisions the labor board had recently made, including their 2012 decision related to charter school employees.

A year later, when Novicki and her PA Virtual colleagues voted for union representation, the NLRB decided not to dismiss the employer’s challenge, as it had dismissed the Pennsylvania Cyber Charter School’s challenge in 2014. In New York City, another charter case was also being reviewed; this time the teachers had tried to unionize with New York’s public labor board, and their employer, Hyde Leadership Charter School, argued that the teachers should be covered under private labor law instead. With the board’s ruling in CMSA undercut by the Court’s decision in Noel Canning, the board was returning to the question of the status of charter schools.

“The NLRB really took its time on Hyde,” says Shaun Richman, a campaign consultant who writes on labor issues, and the director of the AFT’s charter organizing program from 2010-2015. “I think that’s because the Chicago Mathematics & Science Academy precedent was vulnerable to procedural challenges and they wanted to be very clear about how they are going to rule on most charter cases. As an organizer that clarity is helpful.”

The New York teachers union fought against classifying educators as private employees, but as organizing charter schools continues to grow as a priority, the NLRB’s recent decisions offer unions some advantages. In recent years, states with anti-union Republican legislators, like Wisconsin, have significantly weakened the power of public-sector workers to collectively bargain. Under federal labor law, as long as a Democrat remains in the White House, a teacher’s right to organize is more likely to be protected.

Richman says he loves the recent NLRB decisions because they force people to ask tough questions. “Charter schools were designed to be public but at a very fundamental level they are not public,” he says. “There are very critical errors in the way the laws are designed. They decided to make these things be nonprofit corporations, and almost all the problems with charter schools flow from that essential, unnecessary decision. You want a school with autonomy over its pedagogy and hiring? There’s no reason to make it a separate corporation.”

Going forward, challenges to charter unions are likely to be resolved faster for two reasons: There are now additional NLRB precedents, meaning there is less ambiguity as to how charter teachers should be classified. (Employers can still challenge the NLRB’s jurisdiction at any point during the election process, but there’s a greater likelihood that their claims will now be dismissed.) And in April of 2015, the NLRB adopted new rules to expedite the time it takes to hold an election, while also reducing the number of ways an employer could challenge a union effort. Teachers at both Hyde and PA Virtual had voted for union representation prior to these rules going into effect, but teachers seeking unionization in future campaigns may look forward to having an easier time of it.

Hillary on Charters: Yes and No

Originally published in the The American Prospect on July 6, 2016.
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On Tuesday morning, as the FBI issued a recommendation to not indict Hillary Clinton for her use of a personal email server while secretary of state, the presumptive Democratic presidential nominee came before more than 7,500 delegates at the National Education Association’s Representative Assembly in Washington, D.C., and praised public charter schools—to the audible dismay of some of the delegates—while condemning for-profit ones.

The moment of tension emerged when Clinton started to discuss replicating the success of “great schools”—including public charter schools. She noted there had been too much focus on so-called “failing” schools.

Though Clinton has been a long-time supporter of school choice, and her husband helped to catapult charters to the national stage when he was president, she took heat from charter school advocates in November when she remarked that “most charter schools … don’t take the hardest-to-teach kids, or, if they do, they don’t keep them.” Although an adviser emphasized shortly thereafter that Clinton remains a “strong supporter” of public charter schools, many reformers remained leery of her commitment.

But on Tuesday, Clinton gave charters a shout-out, resulting in the loudest boos she received the entire morning. “We’ve got no time for these education wars!” Clinton told the crowd. Facing the evidently anti-charter audience, Clinton quickly pivoted to denouncing for-profit charter schools, saying, “We will not stand for [them].”

The Representative Assembly is the annual conference for the NEA, the nation’s largest labor union, which gathers each summer to set its political agenda for the coming year. The union, with its nearly three million members, endorsed Clinton in October, following the American Federation of Teachers, which endorsed her last July. Throughout the campaign, Clinton’s ideas around public education have been much debated, with self-proclaimed reformers worried she would be hostile to their policies, while many rank-and-file teachers remained skeptical that Clinton would stand up for unions and fight efforts to privatize public schools. 

Despite these concerns, the mood in the plenary hall on Tuesday was overwhelmingly enthusiastic; members wore “Educators for Hillary” T-shirts, waved signs in support, and cheered with excitement.

“I want to say right from the outset that I’m with you,” Clinton told the audience early on in her speech. She promised that if elected, educators will “have a partner at the White House” and that they’ll “always have a seat at the table.”

Clinton framed her education policy proposals around the slogan of “TLC,” or teaching, learning, and community. She threw out a lot of ideas that met eager applause, from raising teacher salaries to reducing the role of standardized testing, to creating universal preschool for every child. She discussed “repairing crumbling schools” and making general investments in school facilities and technology.

Clinton’s rhetoric on charters mirrors language in the recently released Democratic Party platform, which says the party is committed to providing parents with “high-quality public school options” and expanding such options—namely neighborhood schools and charters—for low-income children. The platform comes out against for-profit charter schools, which it says are “focused on making a profit off public resources.”

According to the National Alliance of Public Charter Schools (NAPCS), a charter advocacy group, just under 13 percent of charters are run by for-profit companies, though in cities like Detroit, more than 80 percent of charter schools are run by for-profits. However, the distinction between for-profit and nonprofit is often messier than groups like NAPCS readily admit: Nonprofit charters can still hire for-profit management companies to run their schools.

Some states have begun banning for-profit charter schools, or passing laws that make opening them more difficult. Last year, California legislators tried to ban for-profit charter schools from operating in their state, but Democratic Governor Jerry Brown vetoed the bill, saying he did not “believe the case has been made to eliminate for-profit charter schools in California.” The momentum against for-profit schools has clearly grown more pronounced since then, and also reflects growing divisions within the education reform coalition, between those who champion market-based reforms, and those who push for greater accountability.

In her speech, Clinton also denounced her likely opponent, Donald Trump, who enthusiastically endorsed charter schools during a March primary debate and has said he opposes Common Core standards and “may cut the Department of Education.”

The NEA carries formidable political weight. According to the union, its members represent one out of every 58 general election voters. Rallying those teachers who preferred Senator Bernie Sanders for president to not only vote for Clinton in November but also help campaign for her will be a pressing priority for the union’s leadership.

Following the speech, the union released a statement saying that Clinton’s remarks “held no punches in articulating a clear and inspiring vision of opportunity for every student in America, regardless of ZIP code.”

Can Teachers Unions Help Online Charter Schools?

Originally published in The American Prospect on November 27, 2015.
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In a major win for the movement to organize charter schools, a California state labor board recently ruled that teachers working for the state’s largest online charter network could form a union.

Teachers for the network, known as the California Virtual Academies, have been battling since April of 2014 with administration officials who refused to negotiate. That’s when more than two-thirds of the so-called CAVA network’s teachers voted in favor of unionizing.

Roughly 15,000 students attend CAVA’s 11 campuses across the state. CAVA administrators had argued that teachers at those disparate campuses should form their own individual unions instead of organizing a single union that would represent them all.

In a 77-page legal decision, the California Public Employment Relations Board (PERB) rejected this argument—setting the stage for CAVA teachers to move forward with their network-wide union. The California Teachers Association (CTA), a state affiliate of the National Education Association, will serve as their exclusive bargaining representative.

To teachers who have been agitating for a union, gaining the leverage to improve working conditions is a key first step to boosting student performance—something the online charter sector greatly needs. The teachers’ labor victory comes on the heels of several recent reports concluding that online charter schools are performing extremely poorly. Some 200,000 students take online classes through such institutions nationwide.

“Academic benefits from online charter schools are currently the exception rather than the rule,” stated researchers in a report released by the Center for Research on Academic Outcomes on October 27. It was one of three different research studies released last month that arrived at similar conclusions.

Earlier this year, the progressive group In the Public Interest, which focuses on contracting and privatization, issued a report that looked specifically at problems within the CAVA network. It found evidence of poor academic outcomes, financial conflicts of interest, and insufficient supports for teachers, among other things.

CAVA is managed by K-12 Inc., a publicly traded company based in Virginia that made $55 million in profits last year. The K-12 Inc. schools offer classes to some 14,500 students across the country.

K-12 Inc. officials diputed the methodologies behind the critical reports. But the CAVA teachers who have been organizing for a union said the findings did not surprise them.

“I think those reports actually helped us because they just reinforced what we were already seeing with our own students,” said Stacie Bailey, a CAVA teacher on the organizing committee.“We’ve been trying to push the school to focus more on instruction for a long time.”

Bailey actually spent several years working as a CAVA administrator, until she grew so frustrated with how things were run that she went back into teaching.

“Personally, I joined the union drive because I just see that teachers do not have a voice at our school,” said Bailey. “It’s too top-town. I tried to give teachers that voice while working as an administrator, but I was not successful.”

Working for an online charter school poses some unique challenges for teachers looking to organize. “We engage in the workplace from our own homes, we are isolated, we do not see each other,” said Jen Shilen, a high school history and economics teacher who worked at CAVA from the fall of 2012 up until this past summer. “The process of building rapport with colleagues can be challenging.”

CAVA teachers say they grew interested in the idea of forming a union when their workloads and responsibilities spiked dramatically beginning in the fall of 2013—particularly when they were asked to perform more clerical duties. More paperwork meant less time to work directly with students, teachers say. Organizing talks kicked off at the end of 2013, and CAVA teachers soon approached the California Teachers Association for assistance.

“Some of us used to work for union protected schools, so we knew who to talk to,” explained Shilen. CTA helped the 700 teachers fan out across the state to coordinate with one another; helped them with press outreach, and connected teachers with legislators.

The union vote took place in the spring of 2014. “It was rather surprising that it was as successful as it was,” remarked Bailey. “We had to call every teacher, and send them a petition and they had to print it, sign it, and mail it back to us. That’s a lot to ask of someone, and we ended up getting a super majority voting for the union.”

But CAVA administrators rejected the petition, insisting that the teachers did not constitute one legal entity. “CAVA’s argument was that CAVA does not exist,” said Shilen, wryly.

What came next was a protracted legal battle, including five days of hearings in a state administrative court in February and March, with lawyers filing their legal briefs in May. In June, 16 teachers filed 69 complaints against CAVA on a variety of grounds, including violations student privacy laws, misuse of federal funds, and inadequate services to students with disabilities. CAVA’s senior head of schools, Katrina Abston, dismissed the complaints.

Teachers have waited since mid-May for the decision from the state Public Employment Relations Board, which arrived on October 30. “We were hoping the decision would come in July, about six weeks after the lawyers turned in their briefs,” said Bailey. “It took five months.”

CTA President Eric Heins praised the PERB decision in a statement and urged CAVA administrators not to appeal this “historic ruling.” Now, Heins stated, “teachers can begin to address the problems that are hurting their students, such as insufficient time spent on instruction, high teacher turnover, and too much public money going out of state.”

The CTA’s support for CAVA teachers has raised some eyebrows, particularly since the union has staked out some anti-charter policy positions over the past decade. As I reported in The American Prospect in June, the relationship between charter teachers and unions is evolving and complicated.

CAVA administrators, who did not return The American Prospect’s request for comment, have moved to appeal PERB’s decision.

“The ruling states CTA may seek collective representation of all teachers at all CAVA charter schools, notwithstanding that CAVA is not itself an established public school employer,” Abston told the San Bernadido Sun this month.

But CAVA teachers are unfazed.

“Even if they’re going to appeal, we’re still a union; it doesn’t stop our forward momentum,” said Bailey confidently. “We’re not worried about it.”

 

NEA Members Announce They Will Fight Institutional Racism. Do They Mean It?

Originally published on the American Prospect Tapped blog on July 9, 2015.
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At the National Education Association’s recently concluded annual meeting—a gathering where the country’s largest labor union sets its policy priorities for the coming year—delegates passed several historic measures that committed the union to fighting institutional racism.

Perhaps the most notable measure was New Business Item B, which passed unanimously. It opened with language stating that the NEA “acknowledge[s] the existence in our country of institutional racism—the societal patterns and practices that have the net effect of imposing oppressive conditions and denying rights, opportunity and equality based on race.” Allocating $277,000 to the effort, the union pledged to, among other things, focus on providing support for programs that can “end the school to prison pipeline” and expand professional development opportunities that emphasize “cultural competence, diversity, and social justice.” While this funding will last for one year, the measure includes a clause that says some money should go toward “researching implications for NEA’s Strategic Plan and Budget for 2016-2018,” which suggests that the union would consider devoting more resources to anti-racist efforts in the future.

EduColor—a relatively new movement to elevate public school advocates of color on issues of equity and justice—released a statement following the NEA’s conference. While EduColor’s members applauded the steps taken by the union to confront institutional racism, they pointed out that “it should humble all of us to some degree that it took such a long time to do what seemed so obvious to NEA members of color.” With school segregation, inequitable school funding, and shortages of black and brown teachers, EduColor said, “Now, we must go beyond statements and into the substance of our actions.” Making anti-racist work compulsory for their union, they argue, must “sit side-by-side with collective bargaining rights.”

Jose Vilson, the founder of EduColor, writing on his blog, said he hopes the NEA is committed to fighting racism because its members truly believe in social justice, and not because its members are afraid of being labeled as racists if they don’t. Vilson noted that the NEA introduced and passed bills that he “wouldn’t have thought possible even a few months ago”—a testament to the hard and difficult conversations taking place in their union and across the country—but that still, “we have to recognize that many of our colleagues aren’t ready to hear that they may be part of the problem, too.”

The questions that have come to the forefront of education policy debates over the past year are not about to disappear, or be resolved, anytime soon. The NEA joins the American Federation of Teachers, a union with a much longer history of tackling racial justice issues, in reckoning with how to fight politically for greater equity and opportunity both within and outside of the school building. While the two unions seem to recognize that education is greatly impacted by economic inequality, incarceration, and racism, it will no doubt take activist educators to keep their organizations’ priorities focused on results.

When Charters Go Union

Originally published in the Summer 2015 issue of  The American Prospect
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The April sun had not yet risen in Los Angeles when teachers from the city’s largest charter network—the Alliance College-Ready Public Schools—gathered outside for a press conference to discuss their new union drive. Joined by local labor leaders, politicians, student alumni, and parents, the importance of the educators’ effort was not lost on the crowd. If teachers were to prevail in winning collective bargaining rights at Alliance’s 26 schools, the audience recognized, then L.A.’s education reform landscape would fundamentally change. For years, after all, many of the most powerful charter backers had proclaimed that the key to helping students succeed was union-free schools.

One month earlier, nearly 70 Alliance teachers and counselors had sent a letter to the administration announcing their intent to join United Teachers of Los Angeles (UTLA), the local teachers union that represents the 35,000 educators who work in L.A.’s public schools. The letter asked Alliance for a “fair and neutral process”—one that would allow teachers to organize without fear of retaliation. The administration offered no such reassurance. Indeed, April’s press conference was called to highlight a newly discovered internal memo circulating among Alliance administrators that offered tips on how to best discourage staff from forming a union. It also made clear that Alliance would oppose any union, not just UTLA. “To continue providing what is best for our schools and our students, the goal is no unionization, not which union,” the memo said.

The labor struggle happening in Los Angeles mirrors a growing number of efforts taking place at charter schools around the country, where most teachers work with no job security on year-to-year contracts. For teachers, unions, and charter school advocates, the moment is fraught with challenges. Traditional unions are grappling with how they can both organize charter teachers and still work politically to curb charter expansion. Charter school backers and funders are trying to figure out how to hold an anti-union line, while continuing to market charters as vehicles for social justice.

Though 68 percent of K-12 public school teachers are unionized, just 7 percent of charter school teachers are, according to a 2012 study from the Center for Education Reform. (And of those, half are unionized only because state law stipulates that they follow their district’s collective bargaining agreement.) However, the momentum both to open new charter schools and to organize charter staff is growing fast.

IRONICALLY, THE FIRST MAJOR PROPOSAL to establish charter schools came from the nation’s most famous teacher union leader. At the National Press Club in 1988, Albert Shanker, the president of the American Federation of Teachers (AFT), gave a speech outlining a “new type of school.” Shanker envisioned publicly funded but independently managed schools, which would be given the space to try out new educational approaches and would continue to receive public dollars so long as their approaches proved to be effective. These schools would act as educational laboratories, testing grounds of new and better practices that could then be adopted by traditional public schools. A few months after his speech, Shanker dubbed his idea “charter schools,” in a reference to explorers who received charters to seek new land and resources. Later that year, the 3,000 delegates at the national AFT convention endorsed Shanker’s charter idea.

At its conception, then, unions were integral to the charter movement. The thinking was that without job security and elevated teacher voice, which unions help ensure, how else would charter teachers feel comfortable enough to take educational risks in their classrooms? In Shanker’s original vision, as Richard D. Kahlenberg and Halley Potter trace in their book A Smarter Charter, not only were charter teachers to be unionized, but union representatives were to sit on charter authorizing boards—the entities tasked with overseeing charter accountability—and all charter school proposals were to include “a plan for faculty decision-making.” In return, certain union regulations would be relaxed in order to facilitate greater experimentation.

The charter movement has grown from a single Minnesota school, which opened in 1992, to more than 6,700 schools spread across 42 states and the District of Columbia. Today, charters educate more than 2.5 million children—more than 5 percent of all public school students. According to the National Alliance for Public Charter Schools (NAPCS), charter enrollment has increased by 70 percent over the past five years. Public support is growing, too: A 2014 PDK/Gallup survey revealed that 70 percent of Americans support charter schools, up from 42 percent in 2000.

Somewhere along the way, however, charter proponents—conservative and liberal alike—decided that having no unions was an important ingredient for charter school success. By making it easier for principals to hire and fire staff, the proponents argued, schools could better ensure that only high-quality teachers would be working in the classrooms. The blame for the widening achievement gap between black and white students, the proponents believed, rested with underperforming teachers and the unions that defended them. Over time, advocates came to see charters not as institutions designed for collaboration with public schools, but as institutions that could compete against them, perhaps even replacing public schools entirely.

As the charter movement developed a more adversarial bent—one that no longer spoke of productive partnerships with public schools, and one that championed union-free workplaces—traditional teachers unions grew understandably defensive. The AFT and the National Education Association (NEA), the nation’s two largest teachers unions, moved to openly oppose charter schools. Only in the past few years has their stance toward charters begun to soften. Beginning in 2007 and 2008, the AFT set up a national charter-organizing division, and today has organizers in seven cities: L.A., Detroit, Cleveland, Chicago, New Orleans, New York City, and Philadelphia. Secky Fascione, NEA’s director of organizing, says that as more charter teachers began approaching her union, the NEA started to see them as educators who should be treated no differently from anyone else. Both unions also recognized that such new national initiatives as the Common Core standards and President Obama’s Race for the Top meant that teachers at charter and traditional public schools faced similar challenges that the unions could help them address.

But organizing charter school teachers while opposing the establishment of more charter schools is no simple balancing act. “How could I support a union that for the last ten years spent a good portion of their time attacking our right to exist?” asks Craig Winchell, an Alliance high school teacher who turned out in opposition to April’s press conference. “They’ve spent the last ten years both supporting anti-charter school board members and fighting in Sacramento against what we do.” Especially when opening a new charter is paired with closing down a traditional school, unions are typically found rallying in protest. Critics argue that unions’ newfound interest in charter teachers, then, is just a ploy to collect more membership dues.

Having abandoned their outright opposition to charters, many of the AFT and NEA’s recent efforts have been focused on shutting down low-performing charter schools, especially within rapidly expanding for-profit chains, and pushing for a set of national charter accountability standards. While the thought of national guidelines for charter school makes many charter advocates squirm, the public overwhelmingly supports the idea. According to a survey conducted this year by In The Public Interest and the Center for Popular Democracy, 89 percent of Americans favor requiring charter management organizations to hold open board meetings with the public, as well as requiring all teachers who work in charter schools to meet the same level of training and qualifications as those in traditional public schools. Eighty-six percent favor requiring greater transparency over charters’ annual taxpayer-funded contracts and budgets, and 88 percent favor requiring state officials to conduct regular audits of charter schools’ finances.

In 2014, the Annenberg Institute for School Reform at Brown University released a report that documented a host of charter school problems, ranging from uneven academic performance to funding schemes that destabilized neighboring schools. The report laid out national policy recommendations designed to promote increased accountability, transparency, and equity.

The AFT and NEA came out strongly in support of the Annenberg standards, and have been working to promote them to state legislatures and school boards around the country. Leaders in the charter world, however, were less than pleased. The National Association of Charter School Authorizers (NACSA), an organization that seeks to influence the policies and practices of state authorizers, called the standards “incomplete, judgmental, and not based on research or data.” Michael Brickman, then the national policy director at the Thomas B. Fordham Institute, a conservative education policy think tank, said the Annenberg standards would stifle charters’ innovation by “bludgeoning them with regulation.” He accused the authors of “standing in the way of progress” with their “overzealous statutory recommendations.” (The president and CEO of NAPCS, Nina Rees, told me she actually likes the Annenberg standards, but doesn’t know if they should be adopted across the board.)

IN 2007, BRIAN HARRIS started working as a special education teacher at the Chicago International Charter School’s Northtown Academy. “I’d just got out of grad school and was happy to have a job,” Harris says. “It didn’t bother me that it was non-union because it wasn’t something I paid attention to.” In May of 2008, the company’s CEO announced that in the following school years, teachers would have to teach a sixth class in lieu of supervising an academic lab (which is similar to study hall). Teachers were surprised and upset at what amounted to significant change in working conditions. Those who didn’t like the new arrangement, the administration told them, could find some place else to work.

It was an eye-opening moment for Harris, and he realized that this is what it meant to have a workplace without an organized staff. “We didn’t know [this CEO], we didn’t have a lot of connections with management, and people were unsure what the line of authority was,” Harris says. So with the help of the Chicago Alliance of Charter Teachers and Staff (ACTS), a union connected to the AFT and its Illinois affiliate, Harris and his colleagues launched a 13-month organizing drive. Yet even when presented with union affiliation cards from 75 percent of the faculty, administrators refused to recognize their union; they insisted that the teachers would have to petition the National Labor Relations Board (NLRB) for an election. The teachers did just that, won the election, and Northtown became the first unionized charter school in Chicago.

Today, Harris serves as president for Chicago ACTS, which has grown to represent 32 charter schools and nearly 1,000 teachers. Chicago ACTS’s relationship with the Chicago Teachers Union (CTU), an AFT local known for its militant opposition to school privatization and charter school expansion, has also evolved substantially over the years.

CTU was initially ambivalent, even suspicious, of these new unionized charter teachers. But Chris Baehrend, an English teacher at Chicago’s Latino Youth High School and vice president of Chicago ACTS, says this wariness was not reciprocated—indeed, ACTS was inspired by CTU and looked to it as a model. In the spring of 2012, as CTU was gearing up for its successful, eight-day strike against Chicago’s school district, ACTS teachers began to discuss how they could best offer CTU support. They decided to put forth a strongly worded resolution at the AFT’s national convention that summer. In it, the charter teachers called for a moratorium on new charter schools and an end to school closings and turnarounds “until their system-wide impact on educational outcomes can be properly assessed.” Baehrend and Harris worked with CTU leaders to finalize the resolution’s language, which was approved, though not adopted as official AFT policy.

The resolution was the first joint action that Chicago ACTS took with CTU. Since then, the two unions have convened for joint delegate trainings, workshops, and even parties. “We’re making conscious efforts to make connections and to encourage charter and traditional public school teachers to be joined in solidarity,” says Jesse Sharkey, the vice president of CTU. Sharkey himself turned out to a press conference in February to publicly support two Chicago charters in the midst of organizing.

ON APRIL 30, EDUCATORS AT North Philadelphia’s Olney Charter High School voted to form a union. The vote came after a long three-year battle with their employer, ASPIRA. With a final tally of 104–38 in favor of unionization, Olney became one of the largest unionized charter schools on the East Coast.

When the Olney campaign first went public, as Jake Blumgart reported for The American Prospect back in 2013, teachers went to deliver their union petition, signed by 65 percent of the staff. “[The principal] not only refused to accept it, but chased them down the hallway to give it back,” Blumgart wrote. That was just the start of a full-bore, anti-union campaign: Administrators held closed-door, one-on-one meetings with teachers and staff, threatened teachers with layoffs and benefit cuts, put anti-union literature in teachers’ mailboxes, required teachers to attend mandatory meetings with anti-union consultants, and announced that teachers could be fired or disciplined for remarks they made about ASPIRA on social media.

When I asked Sarah Apt, an ESL teacher at Olney, if she ever tried to talk to management about workplace issues before going the union route, she laughed. “We’ve had a million committees and conversations,” Apt says. “You can have a conversation with them now! But without your coworkers standing behind you, the [outcome of] the conversation depends entirely on the whims of the administration.”

Apt says she and her coworkers want to build a union that will agitate for themselves and their students, in collaboration with parents and the community. “Chicago [where striking teachers won high levels of community and parental support] has set a new standard for what can be done with a teachers union in the United States,” she says. Parents have been standing behind the Olney organizing effort, from showing up to support teachers at school board meetings to making calls to the administration on their behalf. More than 40 local businesses also signed a petition backing the teachers’ campaign.

Though regional characteristics and local politics shape each charter school’s distinct organizing drive, the general hopes, challenges, and frustrations expressed by charter teachers I spoke with were strikingly similar.

Greg Swanson, an English teacher at Benjamin Franklin High School, the top-performing charter school in Louisiana, echoes Apt’s frustrations about the power dynamics that can inhibit teachers from effecting change in a non-unionized school. (New Orleans has the highest charter density in the country, claiming roughly 90 percent of the city’s public school students.) Before Ben Franklin High’s teachers decided to unionize, Swanson says, they tried different ways to increase teacher voice, such as forming a committee to advocate for teacher and student issues, including better teacher course loads, increased curriculum coordination, and more academic supports for incoming students. “When we brought [our ideas] to the attention of the administration, we were just told that they can deal with some things and not others,” Swanson recalls. “Without the pressure of the union, [our voices are] not heard in the same way.”

In March, after 85 percent of his Ben Franklin colleagues backed a petition in support of unionization, Swanson and his coworkers signed the first collective bargaining agreement for New Orleans teachers since Hurricane Katrina. Teachers not only won greater pay-scale transparency in their contract but also the right to have department chairs elected by their colleagues rather than appointed by their CEO. They won increased time within the school day to prepare lesson plans, greater job security, and a fairer teacher evaluation system.

Ben Franklin has long been regarded as an educational leader in Louisiana, and Swanson’s team understood that their organizing had consequence for the broader political landscape. “We were looking to improve things in our school, but we were also very much aware of the larger implications of this for New Orleans, which is the testing ground for going full-charter,” said Swanson. With this in mind, they worked to develop a contract that they hope can become a model for charter teachers across the city. Teachers at another local charter, Morris Jeff Community School, followed their lead, and are currently negotiating their own contract.

Many New Orleans charter advocates are wary of the turn toward unionization, but some leaders are urging the community to stay calm. Andre Perry, an education policy expert, wrote in The Hechinger Report that New Orleans reformers should be open to unions given the Crescent City’s high rate of teacher turnover. Ten years after Katrina, he wrote, “we’re not going to fire our way to educational success.

EVERY YEAR, THE NATIONAL Alliance of Public Charter Schools publishes a rating system that evaluates each state’s charter law. While charters with collective bargaining agreements are still considered welcome within the charter school family, state laws receive a higher NAPCS score when they allow administrators to hire and fire teachers free from the constraints of a collective bargaining agreement. Nina Rees, the NAPCS president, says her organization places a premium on this because charters should have the freedom not only to hire and fire, but also to expand the school day and workload “without having to constantly negotiate with a centralized bureaucracy.”

Terry Moe, a Stanford political scientist and author of Special Interest: Teachers Unions and America’s Public Schools, thinks that while “teacher voice” is a necessary component to any functioning organization, teachers unions use their power in ways that are not in the best interests of students. Moe and Rees both take the position that in the modern world, unions are not necessary in charter schools, either because there are already sufficient employee protections in place in our legal system, or just because the incentives within the charter world are such that there’s not really all that much to worry about.

“I’m in a nonprofit space,” Rees says. “Why is it that teachers need to have the right [to be in a union]? Why is it that teachers need these protections immediately when they enter the organization?” If one wants some of the protections and benefits that unions offer, she points out, there are other resources available to teachers. The Association of American Educators (AAE), for instance, is a non-unionized professional educators’ organization that offers a “modern approach to teacher representation and educational advocacy.” Membership in AAE can bring you things like liability insurance, supplementary insurance, legal protection, and employment rights coverage. It cannot, however, bring you leverage with your employer.

In A Smarter Charter, Potter and Kahlenberg recommend giving teachers an opportunity to vote on whether or not to form a union when a charter school first opens, rather than having non-union environments be the default option. Where a school has no union, they suggest reserving seats for teachers on charter school boards. But Rees is no fan of these ideas either. “If you start off with the premise that management is against the employee before you even start the enterprise,” she says, “I think it sets the wrong tone.”

The generally small size of charters, Moe adds, also obviates the need for unions. “In small schools, where everyone knows one another and they can talk about their issues …  you’re really not likely to get the same dissatisfaction that would drive people to unionize in the great number of charter schools,” he says.

Leading charter advocates echo Moe and Rees’s sentiments. Chester Finn, a conservative policy analyst, declared, “The single most important form of freedom for charter schools is to hire and fire employees as they like and pay them as they see fit.” Geoffrey Canada, a charter founder hailed as a pioneer by Obama, said that union contracts, “kill innovation; it stops anything from changing.”

Greg Richmond, the president and CEO of NACSA, doesn’t buy the argument that unions are structurally incompatible with charters. “There are people who politically don’t want unions or don’t want charters to be unionized, but [allowing workers to choose] is the law of the land.” The key question, he argues, is whether unionization ends up helping or hurting student achievement—a question that will be resolved empirically. “If teachers want to organize and negotiate for certain things, go ahead,” he says, because in the end, the charter school has to work for students or else its charter will be revoked.

So are unions compatible with fulfilling the promise of charter schools?

I sat down with Juan Salgado, the president and CEO of Instituto Del Progreso Latino, a nonprofit educational organization in Pilsen, a predominantly Latino neighborhood in Chicago, to learn what it’s been like for him to oversee two charters that have unionized with AFT. Salgado believes that unions have been tremendous assets for his schools, particularly around some of the more fraught questions of wages and benefits. Can such issues be resolved “without a union?” he asks. “Yeah. But can we move forward to actually run a school? Probably not.” The mutual buy-in at the end of the negotiating process, Salgado said, created a better spirit at his schools.

Though Salgado was explicit that he disapproved of the way the union conducted its first organizing campaign—the organizers caricatured him as an evil boss, he says, solely to advance their strategy—he still feels the resulting unions, full of organized, passionate people, are no hindrance to excellence. “Unions ask a lot of questions! And that’s OK,” he says. “Critical questioning causes reflection and makes sure you have very good answers. And they demand transparency, and transparency is important. It’s a value that we should all have.”

To date, the best existing research suggests that charter unionization has very little impact on student achievement. Labor economist Aaron Sojourner and education policy researcher Cassandra Hart looked at California charters several years before unionization and then several years after; they found no significant difference in student performance over time, though there was a temporary dip during the initial unionization year, which tends to be a more disruptive period.

Moreover, as Potter and Kahlenberg document in A Smarter Charter, other research on unions and traditional public school performance suggests that unionization either has small positive effects or no measurable effects at all on the achievement of most students. “The research does not paint a picture of unions as an enemy to student achievement,” Kahlenberg and Potter conclude.

That said, there are other ways to think about the way a union might impact a school. Higher teacher salaries, more transparent pay scales, and greater control over working conditions may help attract more qualified candidates to teach. Research does show that increased teacher voice helps decrease teacher turnover, and it also shows that high teacher turnover costs schools millions of dollars, disrupts student learning, and weakens institutional capacity. Many objectives that teachers hope to achieve through unionization are grounded in a desire for greater stability. “We want to stick around, we want to see our freshman graduate, we want to see their siblings and cousins come, we want to make this our home,” says Apt, whose Olney Charter High School has had high teacher turnover from year to year.

IN RECENT YEARS, as growing numbers of charter school teachers have sought to unionize, both the AFT and the NEA have stepped up their efforts to organize them. Since 2009, the AFT has been flying teacher activists from across the country to meet one another, share stories, and strategize national campaigns. The most recent gathering—they usually last three days—took place in Washington, D.C., in April, and Swanson, Apt, and Baehrend were among the 40 teachers in attendance. “The fights are very similar, so what we see one employer do in Detroit, we wind up seeing in other parts of the country too,” says Shaun Richman, AFT’s deputy director of organizing. “Teachers get the opportunity to support each other, and to learn how to deal with circumstances that may arise at their schools later.”

Also in April, for the first time ever, the California Teachers Association (CTA), an NEA state affiliate, convened 65 charter educators from across the state. One California teacher in attendance was Jen Shilen, who teaches U.S. history, economics, and government at California Virtual Academies (CAVA), a network of 11 virtual charter schools for grades K–12. Shilen and others have been fighting for a CAVA union since December 2013. When their workload began to change rapidly and inexplicably, and their many attempts to raise concerns with management went nowhere, Shilen said, they reached out to CTA. CAVA declined to comment.

“Going to CTA’s conference was the first time I’ve gotten to meet other charter educators organizing and it was a major morale boost,” says Shilen, who rarely even sees her own coworkers, since virtual charter teachers work from home.

Teachers organizing at L.A.’s Alliance schools were also there, as were union members from Green Dot, another rapidly expanding charter chain in Los Angeles. Green Dot schools occupy a unique place in the charter world, since their original founder was interested in establishing a unionized workplace from the outset. In 2006, Green Dot management approached the United Teachers of Los Angeles about their teachers joining their union, but UTLA, then fully opposed to charter schools, rejected the offer. As a result, Green Dot educators unionized with CTA, and their union, the Asociación de Maestros Unidos (AMU), had a relatively unfriendly relationship with UTLA for the next several years.

This too is changing. Alex Caputo-Pearl, the UTLA president elected in April 2014, said that his union is now actively pursuing better relations with AMU. AMU in turn, has come out in strong public support not only for CAVA’s organizing drive (which would be with CTA) but also for Alliance’s. Salina Joiner, AMU’s president, says that her organization’s leadership is all “in support and we’ll do whatever we need to do,” adding that she would never work at a non-union charter school.

Real tensions remain surrounding AFT and NEA’s desire to both organize charter teachers and to politically rein in charter schools. Not all charter teachers who’d be interested in a union would support the Chicago ACTS resolution calling for a moratorium on new charter schools. And not all would agree with teachers like Shilen, who lobbied this year at the State Capitol in Sacramento on behalf of California’s “Annenberg Package”—four bills to promote greater charter transparency and accountability.

Joiner feels that union political activity that attempts to limit charter schools’ funding or expansion is “disrespectful to our educators that teach at that school” and “an injustice to parents that want school choice.” Joiner attended the CTA’s gathering of California charter teachers in April, and said that at least the union is now starting to ask them for their input on charter legislation. To CTA’s credit, she thinks the conversation is “moving in a positive direction from what it was before,” but that charter union members “still have a lot to do around the NEA and AFT.”

As more charter schools continue to unionize, CTU Vice President Sharkey expects some charter enthusiasts will walk away. “At some point, charter school teachers will work with the same conditions and pay as all the other schools, and at that point it’s not clear that charters will be as exciting to the entrepreneurs and businessmen promoting them now,” he says.

Unionized charters are not a panacea. The UFT Charter School, which opened in Brooklyn in 2005, was a widely publicized K-12 charter experiment to be run by the New York City teachers union. The results of its elementary and middle schools were mostly abysmal, and they closed down in 2015. (The high school performed better and stayed open.) The Wall Street Journal editorial board triumphantly declared that this episode shows the failure of “union dominance” over American public education. However, they conspicuously made no mention of UFT’s other charter school, University Prep, which has been ranked among NYC’s best.

The Wall Street Journal would never write about University Prep because it “disrupts their narrative” about unions, says Randi Weingarten, the president of AFT. “Look, there is not one silver bullet but what unionization does is it gives teachers a choice and a voice.”

Asharg Molla has been working at the Alliance Gertz-Ressler High School ever since she started as a Los Angeles Teach For America corps member in 2009. She likes working for a charter organization, and believes in its mission of creating a small collaborative community where teachers, board members, and parents can all work together. “But that’s just not what it’s been,” she says sadly. While she speaks highly of her school, colleagues, and principals, she joined in with the Alliance cohort organizing for a union because, she says, she recognizes there are limits to what even a good principal can do within a big, fast-growing organization. She knows too many Alliance teachers who are afraid to speak up, lest they rock the boat and lose their job.

The campaign in Los Angeles is gaining steam. Since Molla and her colleagues went public in March, the number of teachers who have pledged support has more than doubled—146 teachers (out of the roughly 600 who work at Alliance schools) have now signed the public petition. But Alliance administrators and their allies are doubling down on their efforts to thwart unionization. Beginning in late May, the California Charter Schools Association started to pay Alliance alumni to call parents at home, in an effort to drum up opposition to a union.

I don’t want to work for a machine that just cares about the growth and expansion of the organization,” says Molla. “Although [fighting for a union] is not an easy process, and can be exhausting, it really just shows these large organizations that we are the ones who make up this organization and that there needs to be that balance of power.”