A Charter Union Case Heads to Federal Court

Originally published in The American Prospect on September 5, 2017.
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In May 2016, teachers at International High School (IHS)—a charter school in New Orleans—voted 26-18 in favor of forming a union. Yet more than a year later, school administrators are still refusing to bargain, insisting that the teachers do not fall under the jurisdiction of the National Labor Relations Board. (There is no statewide collective bargaining law for public school teachers in Louisiana.) In February 2017, the NLRB voted 2-1 against IHS’s challenge, concluding that the teachers are indeed private workers under their purview rather than public employees.

Yet IHS, still refusing to bargain, is now taking its case to the Fifth Circuit—the first time a federal appellate court will rule on such a challenge. The outcome of this suit could affect labor law for charter teachers not only at IHS, but throughout all the Fifth Circuit states—Louisiana, Mississippi, and Texas.

Last summer the NLRB issued two decisions concluding that charter school teachers are private employees. In both cases, the NLRB ruled that 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 found that a charter’s relationship to the state resembled that of a government contractor, since governments provide the funds but do not create or control the schools.

These two decisions were important because they helped clarify whether charter school teachers fall under the legal jurisdiction of their state’s labor boards (which only exist in those states that have enacted laws granting public employees collective bargaining rights) or the NLRB. Charter operators have been known to challenge efforts to unionize under either jurisdiction, depending on which board their staff petitioned for the right to unionize.

To make its determination, the NLRB relied on NLRB v. Natural Gas Utility District of Hawkins County, a 1971 Supreme Court case where the justices found Hawkins County to be “political subdivision”—and therefore public—by looking to see if it was created directly by the state, or administered by individuals responsible to public officials or the general electorate. Applying this “Hawkins test” to charter schools, the NLRB concluded in 2016 that the publicly-funded privately managed schools do not qualify as political subdivisions.

But IHS (represented in court as Voices for International Business and Education, Incorporated) argues that the NLRB’s previous charter school rulings are not applicable to them, citing specific characteristics of Louisiana’s charter school law, and the unique reality that nearly all public schools in New Orleans are charters.

In court filings, IHS says it should be considered a political subdivision under the “Hawkins test” because their charter school is closely regulated by Louisiana, and has a board of directors that can be removed by state officials. Moreover, IHS says that since the overwhelming majority of public school students attend charters, this demonstrates that “[IHS] is a public school functioning as a political subdivision of Louisiana” since the state is obligated to provide public education.

IHS also makes a few arguments beyond the Hawkins test, such as saying that exempting the school from the NLRB’s jurisdiction “honors congressional purpose” because it would ensure that “vital public services like education are not disrupted by labor disputes.”

Although IHS is focusing specifically on its own school within the context of New Orleans, charter operators throughout the Fifth District have also weighed in to support IHS’s case. The Louisiana Association of Public Charter Schools and the Texas Charter Schools Association filed an amici curiae urging the federal court to find all public charter schools in Texas, Louisiana, and Mississippi exempt from the NLRB’s jurisdiction. According to the legal brief, Louisiana has 146 charter schools, enrolling 84,000 students, Texas has 761 charter schools, serving 315,000 students, and Mississippi has three charter schools, enrolling 400 students.

But which side of the public-or-private controversy charter schools come down on seems to vary with political geography. While in the IHS case, the state charter associations insist that all charter schools should be considered political subdivisions (and therefore public) under the “Hawkins test,” when charter teachers at the Chicago Mathematics & Science Academy filed for union representation with the Illinois Educational Labor Relations Board in 2010, the school responded by saying its teachers fell under the purview of the NLRB, because their charter was a privately incorporated nonprofit, governed by a corporate board. The National Alliance for 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.”

The difference, of course, is that in Illinois, a state where public employees have collective bargaining rights, charter teachers will more likely be able to win unionization campaigns as public employees. In Louisiana, Mississippi, and Texas, where most public employees have no such rights, a court ruling that the teachers are public employees and not under the jurisdiction of the NLRB will mean that management is under no legal obligation to enter into bargaining with them.

The National Alliance for Public Charter schools did not return The American Prospect’s request for comment on the IHS case and how it relates to the Alliance’s CSMA brief.

IF IHS’S ARGUMENTS SUCCEED in court, there are a number of different ways the Fifth Circuit could rule. At its narrowest, the appellate court could say that this particular charter school does not fall under the NLRB’s jurisdiction. Going a bit further, the court may instead say that the NLRB does not apply to this type of charter school; Louisiana has five different categories of charters, and IHS is designated a “Type 2” school. The Fifth Circuit could go even broader, ruling that no charter school in the state of Louisiana falls under the NLRB’s purview. Or at its most broad, the appellate court could rule that no charter in the entire Fifth Circuit (Texas, Louisiana, and Mississippi) falls under the NLRB’s jurisdiction, which is what the state-level charter groups are pushing for.

When courts have overturned an NLRB ruling, they have generally tended to tailor their decision narrowly. Still, the Fifth Circuit is hardly a left-leaning court, so it’s hard to predict how the judges might rule.

Legal battles aside, many of the teachers who voted for the union in May 2016 no longer work at IHS, citing harassment and intimidation they experienced during the subsequent school year.

One teacher, Chvonne Simmons, left IHS at the end of May, after teaching science there for four years. “I was not offered a contract to return, and it blew me away because the year before I was the science department chair,” she says. Simmons felt the 2016-17 academic year was very hostile, and she believes that union-supportive teachers were singled out for punishment. “In all my years of teaching and my years at IHS I had never been written up, and all of a sudden I was getting in trouble,” she says.

Another pro-union teacher, Jennifer Boyce, left IHS on her own last month, saying she had felt targeted, and ostracized. “After voting ‘yes’ for the union I was written up three times, after having taught for 13 years and never receiving a corrective action,” she told me.

There is no statewide collective bargaining law for public school teachers in Louisiana, but collective bargaining is still legal (unlike in other southern states such as Texas and North Carolina). Some public school teachers in Louisiana—such as in St. Tammany Parish and Jefferson Parrish—have negotiated contracts, but that’s because there were union-friendly school boards willing to do so. There is nothing in state law that can compel a Louisiana school board to bargain if it doesn’t want to.

So in some ways, charter school teachers in Louisiana actually have more legal protections right now than traditional public school teachers, since falling under the NLRB’s purview means the federal labor board can compel schools to bargain with unions. If IHS wins its court, charter teachers at that school, and perhaps across the state, would still be allowed to bargain contracts, but would no longer have the federal labor board’s help in compelling their employer to do so. In other words, it gets a lot harder.

A representative from International High School told The American Prospect they do not have any comment, as the court case is open.

“On the surface, this case is about an arcane question of federal agency jurisdiction; in reality, it is about union busting, plain and simple,” says Randi Weingarten, the president of the American Federation of Teachers. “Justice delayed is justice denied, and I am hopeful that the court sees through the administration’s bullying and acknowledges the educators’ right to bargain a fair and flexible contract, just as their peers have done at hundreds of other charter schools in New Orleans and around the country.”

It will be several months before the Fifth Circuit issues its decision.

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Public Education under Trump

Originally published in The American Prospect winter 2017 issue.
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On November 8, 2016, the man who vowed to be “the nation’s biggest cheerleader for school choice” won the presidential contest. About two weeks later he announced that Betsy DeVos, a billionaire Republican donor who has aggressively lobbied for private-school vouchers, online education, and for-profit charter schools, would serve as his education secretary. In early December, Jeb Bush told an audience of more than 1,000 education reformers in Washington, D.C., that he hoped “there’s an earthquake” in the next few years with respect to education funding and policy. “Be big, be bold, or go home,” he urged the crowd.

To say education conservatives are ecstatic about their new political opportunities would be an understatement. With Republicans controlling the House and Senate, a politically savvy conservative ideologue leading the federal education department, a vice president who earned notoriety in his home state for expanding vouchers, charters, and battling teacher unions, not to mention a president-elect who initially asked creationist Jerry Falwell Jr. to head up his Department of Education, the stars have aligned for market-driven education advocates.

Donald Trump neither prioritized education on the campaign trail, nor unveiled detailed policy proposals, but the ideas he did put forth, in addition to his selection of Betsy DeVos, make clear where public education may be headed on his watch. And with a GOP Congress freed from a Democratic presidential veto, conservative lawmakers have already begun eyeing new legislation that just a few months ago seemed like political pipedreams.

Many aspects of education policy are handled at the state and local level, of course, but Republicans will govern in 33 states, and Trump will have substantial latitude to influence their agenda. The next few years may well bring about radical change to education.

School Choice

“President-elect Trump is going to be the best thing that ever happened for school choice and the charter school movement,” former New York Mayor Rudy Giuliani has proclaimed. “Donald is going to create incentives that promote and open more charter schools. It’s a priority.”

Giuliani’s comments reflect the enthusiasm that Trump expressed about choice and charters while campaigning for president. During a March primary debate, Trump said charters were “terrific” and affirmed they “work and they work very well.” A few months later he traveled to a low-performing for-profit charter school in Cleveland to say he’d invest $20 billion in federal money to expand charters and private-school vouchers as president. His campaign has not outlined where the money would come from, but suggests it will be accomplished by “reprioritizing existing federal dollars.”

Trump’s ambitions will likely be aided by his vice president-elect, Mike Pence, who worked vigorously to expand charter schools and vouchers while serving as Indiana’s governor. Pence loosened the eligibility requirements for students to obtain vouchers, and eliminated the cap on voucher recipients. Today, more than 30,000 Indiana students—including middle-class students—attend private and parochial schools with public funds, making it the largest single voucher program in the country. Pence also helped double the number of charter schools in his state; he increased their funding and gave charter operators access to low-interest state loans for facilities.

In the House and Senate, Republicans are eager to expand Washington, D.C.’s private-school voucher program, which has paid for about 6,500 students to attend mostly religious schools since the program launched in 2004. “I think [the Republican Congress and new administration] could eventually turn D.C. into an all-choice district like we see in New Orleans,” says Lindsey Burke, an education policy analyst at the right-leaning Heritage Foundation.

Congress also allocates $333 million per year to the federal charter school program, and groups like the National Alliance for Public Charter Schools are calling for that number to rise to $1 billion annually. Martin West, an education policy professor at Harvard’s Graduate School of Education, noted that to the extent the federal charter school program is well funded, states will continue to feel pressure to position themselves competitively for those dollars.

Conservative leaders at the state level are also looking to expand private-school vouchers and so-called education savings accounts, which are voucher-esque subsidies that can go toward expenses like tutoring and homeschooling, in addition to private-school tuition. At the Washington conference where Jeb Bush keynoted, panelists spoke enthusiastically about setting up vouchers or education savings accounts in all 50 states. On the campaign trail, Trump called for expanding private-school vouchers for low-income students, but his vice president-elect and his nominee for education secretary both support giving vouchers to middle-class families, too.

Congressional Republicans may also try to establish federal tax-savings accounts for K–12, which are similar to the 529 plans that already exist for higher education, and which mainly benefit well-off families. They also may push for federal tax credit scholarships, which would provide tax relief to individuals and businesses that help low-income children pay for private school.

In a sense, the George W. Bush and Barack Obama administrations softened the ground for a federally incentivized expansion of vouchers and other forms of privatization. In the bipartisan deal that led to the enactment of No Child Left Behind in 2002, Bush and Democrats led by Senator Edward Kennedy traded federal standards for more federal funding. The subtext was the Republican narrative that public schools were failing. This in turn led to the era of standardized testing and punitive measures against “failing” schools. Later, by appointing former Chicago Public Schools Superintendent Arne Duncan to lead the Education Department, and passing over such progressive reformers as Linda Darling-Hammond, Obama sided with those who sought measures like the nationalization of academic standards. The new backlash from conservatives against testing and the Common Core should not be interpreted as a rejection of a federal role. The right loves it when Washington intervenes—if it serves the right’s purposes.

The Department of Education

Trump has boasted that he would reduce the size of the federal government, and his DeVos-led Department of Education is one likely place he’ll start. Though threatening to dismantle that federal agency is a long-standing Republican tradition, surrogates say it is more likely that Trump will try and “starve” the department, and downsize its responsibilities, rather than kill it outright.

In October, Carl P. Paladino, a New York real-estate developer who was briefly considered for education secretary, took to the stage on Trump’s behalf at a national urban education conference and said the department’s Office for Civil Rights—which oversees initiatives like tackling college sexual assault and reforming school discipline—was spewing “absolute nonsense.”

Obama’s Education Department has given unprecedented attention to reducing racial disparities in school discipline, issuing the first set of national guidelines in 2014 and making clear that it would hold districts accountable for discriminatory practices. Policy experts think these efforts will fall quickly by the wayside in the coming years.

In a press conference following Trump’s victory, David Cleary, the chief of staff for Republican Senator Lamar Alexander, who chairs the Senate Committee on Health, Education, Labor and Pensions, said his boss believes the Office for Civil Rights should be reined in. “There will be aggressive oversight from Congress to make sure it shrinks back to its statutory authority and responsibilities,” Cleary said.

Another major threat to the Education Department is a significant loss of institutional knowledge. Politico reported that the agency is already experiencing a loss of morale since the election, and bracing for a serious brain drain: Many veteran employees who have served for decades, in addition to younger staff who entered government under Obama, are considering leaving because they don’t want to work for a President Trump.

Common Core

One crowd-pleasing element of candidate Trump’s stump speech was his promise to “kill” Common Core—the standards launched in 2009 that lay out what all K–12 students are expected to learn in English and math. The standards, which were created by a coalition of state governors, and incentivized by the Obama administration through the federal Race to the Top program, have been a flashpoint for conservatives, who see them as a threat to “local control.” Trump vowed to eliminate Common Core through the so-called School Choice and Education Opportunity Act—part of the legislative agenda he says he’ll focus on during his first 100 days. DeVos now stresses that she does not support Common Core, although an organization she founded—the Great Lakes Education Project, which she also funded and served as a board member for—strongly backed the standards in 2013.

While there are limits to what Trump and DeVos could do to end the Common Core standards (they are state standards, after all), Trump’s executive bully pulpit could certainly help embolden Common Core opponents on the local level.

Still, Catherine Brown, vice president of education policy at the Center for American Progress, is not so worried about the future of the national education standards. “I don’t even think Donald Trump knows what the Common Core is,” she says. And despite candidate Trump’s demagoguery, Brown points out that states haven’t really abandoned them, even in more conservative parts of the country. “To the extent that states have changed their standards, they basically renamed them and kept the basic content,” she says.

Teachers Unions

This past year, public-sector unions faced an existential threat from Friedrichs v. California Teachers Association, a Supreme Court case seeking to overturn a 40-year-old ruling that required public employees represented by a union to pay fees to cover the union’s bargaining and representation costs, even if they do not pay full membership dues. Five of the nine justices were clearly primed to rule against the so-called “agency fees” and upend decades of legal precedent, but Justice Antonin Scalia unexpectedly died in February, before the Court could rule. The case ended up in a 4–4 tie, leaving the law, and collective bargaining, in place.

Now that the Republican Senate has refused to hold a vote on Obama’s appointment of Judge Merrick Garland, Trump will nominate a conservative Scalia successor to the Court. With a number of Friedrichs look-alike cases headed to the Supreme Court, it’s a near certainty that a reconstituted majority of five conservative justices will strike down agency fees, which could considerably reduce the resources available to the American Federation of Teachers and the National Education Association—two of the nation’s largest unions. Were that not trouble enough, the massive support that the AFT and NEA gave to Hillary Clinton’s campaign is not likely to endear them to a president with a well-known penchant for revenge.

Every Student Succeeds Act

At the end of 2015, Congress passed the Every Student Succeeds Act (ESSA), the successor to the controversial Bush-era No Child Left Behind Act, which tied federal funding to school performance. The new law is set to take full effect during the 2017–2018 school year. While there was broad recognition that ESSA marked a positive step forward from the test-and-punish regime that had reigned for 13 years under No Child Left Behind, a diverse coalition of civil-rights groups has worried that its replacement, which substantially reduced the federal government’s role in public education, will not do enough to hold states accountable for the success of racial minorities, students with disabilities, and English language–learners. “The hard-learned lesson of the civil rights community over decades has shown that a strong federal role is crucial to protecting the interests of educationally underserved students,” wrote the Leadership Conference on Civil and Human Rights in a letter to Capitol Hill during the ESSA negotiations.

For the past year, the Obama administration worked to draft regulations that would help maintain some level of federal accountability for student learning and funding equity, particularly for disadvantaged students. These executive-level regulations, which have been controversial among congressional Republicans, are likely to be abandoned, or weakened, under President Trump.

One policy that congressional Republicans might push for under a President Trump is known as “Title I portability,” which would allow states to use federal dollars earmarked for low-income students to follow students to the public or private school of their choice. While still a candidate, Trump brought in Rob Goad, a senior adviser to Representative Luke Messer, an Indiana Republican, to help him flesh out some school-choice ideas. Messer co-sponsored a bill during the ESSA negotiations that would have launched Title I portability, but Obama threatened to veto any version of the law that contained it. A White House report issued in 2015 said that Title I portability would direct significant amounts of federal aid away from high-poverty districts toward low-poverty ones, impacting such districts as Chicago, Detroit, Los Angeles, and Philadelphia particularly hard. Conservatives may see a more politically viable route to push this policy under Trump.

Brown of the Center for American Progress doesn’t think Congress will likely pursue Title I portability, however, in part because it has a lot of other legislative priorities to attend to. “The ink is barely dry on ESSA; states haven’t yet submitted their plans. I think [portability] is probably dead on arrival, but maybe six years from now,” she says. Even then, Brown thinks the policy will never be all that popular, since huge swaths of the country lack many school options, making them poor candidates for private-school vouchers.

But other education experts say that the lack of brick-and-mortar schools in rural communities just means that the door could open more widely for for-profit virtual schools, which DeVos has strongly supported. In 2006, Richard DeVos, her husband, disclosed that he was an investor in K12 Inc., a national for-profit virtual charter school company that has since gone public. As of mid-December, Betsy DeVos had not clarified whether her family still holds a financial stake in the for-profit education sector.

Higher Education

Trump, who founded the now defunct for-profit college Trump University, recently agreed to pay $25 million to settle a series of lawsuits alleging fraud. Sara Goldrick-Rab, a sociologist at Temple University who studies college affordability, predicts America will be “open for business” under President Trump when it comes to promoting for-profit colleges. “This means cutting regulation and oversight, and defunding public higher education so that students view for-profits as a good deal,” she wrote on her blog following the election. The Higher Education Act, which governs the administration of federal student aid programs, is also up for reauthorization in 2017.

Trump didn’t devote much time while campaigning to talking about colleges and universities, but he did say in an October speech that he’d look to address college affordability by supporting income-based repayment plans, going against many Republicans who say such initiatives are fiscally reckless and create incentives to acquire too much higher education. Conservatives have also proposed rolling back Obama administration reforms that federalized all new student loans and applied stricter regulations, particularly to for-profit institutions. If President Trump does ultimately re-privatize student loans, consumer protections would likely disappear, and the cost of borrowing would rise.

University leaders are also worrying about what a Trump administration could mean for research funding. The government is likely to cut back on investments on budgetary grounds, but also on ideological grounds, since universities tend to be seen as liberal enclaves. Experts say that non-ideological scientific research is particularly vulnerable. House Republicans, led by Representative Lamar Smith, who chairs the House Science, Space and Technology Committee, have tried before to cut federal funding for social sciences and climate and energy research, and having a president who refers to global warming as a hoax “created by and for the Chinese” doesn’t augur well for federal research investments.

Moreover, as the president-elect frequently rails about political correctness, higher education leaders worry that a Trump administration will not look kindly on student free speech and protest. Ben Carson, who was briefly considered for Trump’s education secretary, said that if he were in control he would repurpose the department to monitor colleges and universities for “extreme bias” and deny federal funding to those judged to have it. Decrying alleged campus bias is a staple of “alt-right” (read: white nationalist) media outlets like Breitbart, whose chief, Steve Bannon, will be Trump’s strategic adviser and senior counselor.

The Path Forward for Progressives

For a week following the election, it wasn’t clear how exactly the liberal groups that backed Obama’s education reform agenda—Common Core standards, test-based accountability, and charter schools—would respond to their new choice-friendly president. The fact that the school reform agenda has long had bipartisan backing has always been one of its strongest political assets.

As pundits tried to guess whom Trump would pick for various cabinet-level positions, rumors started to float that Trump might be eyeing Michelle Rhee, the controversial former D.C. Public Schools chancellor, or Eva Moskowitz, the founder and CEO of Success Academy Charter Schools in New York City, for education secretary. Both women back the Common Core standards, and are broadly revered among Democratic school reformers.

But on November 17, just over a week after the election, the president of Democrats for Education Reform, Shavar Jeffries, issued a strongly worded statement urging Democrats to refuse to accept an appointment to be Trump’s secretary of education. “In so doing, that individual would become an agent for an agenda that both contradicts progressive values and threatens grave harm to our nation’s most vulnerable kids,” Jeffries said. He condemned Trump for his plans to eliminate accountability standards, to cut Title I funding, to reduce support for social services, and for giving “tacit and express endorsement” to racial, ethnic, religious, and gender stereotypes, and he called on the president-elect to disavow his past statements.

Shortly thereafter, Moskowitz announced that she would “not be entertaining any prospective opportunities” in the administration, but defended the president-elect, saying there are “many positive signs” that President Trump will be different than candidate Trump. His daughter, Ivanka Trump, took a tour of a Success Academy charter in Harlem later that week. Rhee, following a meeting with Trump a few days later, issued a statement saying she would not pursue a job in Trump’s administration but that “[w]ishing for his failure” would amount to “wanting the failure of our millions of American children who desperately need a better education.”

The equivocating didn’t end there. Democrats for Education Reform soon walked back their original declaration of opposition to Trump. In a statement sent to the group’s supporters, Jeffries wrote that DFER was not saying Democrats should not work with Trump on education, but just that no Democrat should work for him as secretary of education. “[W]e draw a distinction between working with and working for Trump,” Jeffries wrote. “Where appropriate, we will work with the Administration to pursue policies that expand opportunity for kids, and we will vocally oppose rhetoric or policies that undermine those opportunities.”

In a political climate where teachers-union strength may dramatically diminish, opposition to Trump’s agenda from liberals who supported Obama’s education reforms could be an important deterrent to Trump’s rightward march on education. But with DFER already signaling that it’s open to working with Trump, with high-profile reformers like Moskowitz and Rhee also giving him a public nod of approval, and since some of the same billionaires who fund the charter school movement also back the president-elect, the chances aren’t great that Democratic education reformers will staunchly oppose Trump’s school reform agenda.

Randi Weingarten, the president of the American Federation of Teachers, is under no illusions about the enormous challenges that loom for the future of public education. Yet she notes that over the past half-decade, educators and their unions have worked with their communities like never before. “If Donald Trump opts for privatization, destabilization, and austerity over supporting public education and the will of the people,” she says, “well, there will be a huge fight.”

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?’”