How many HB 7069 lawsuits are there?

There are three. All cases are yet to be decided.

Single Subject Case. Alachua et al vs. Corcoran. In a 4 to 3 decision, the Florida Supreme Court, citing the time sensitive nature of the case, referred the case back to the Leon County Circuit Court. This is the case that nine districts file that claimed HB 7069 violated the single subject rule. There is no way that HB 7069 pertains to a single subject. It was framed just before the end of the legislative session by rolling as many different bills into one as possible. It’s another one of those mega bills that had no committee hearings and public input. Even though the issue is time sensitive, the Court did not mandate, it suggested, that the case be heard quickly.

Local District Control. Palm Beach school district lawsuit over the constitutionality of the HB 7069 requirement to share low district facility revenue with charters will be heard in circuit court.

Multi Issue Lawsuit. Alachua et al v. Fl. DOE. This complaint, which is yet to be heard, includes 1) sharing local discretionary capital outlay funds with charters 2) Schools of Hope that operate outside of local district control 3) charter systems as their own LEA 4) standard charter contract with no local input 5) restrict district authority to allocate Title I funds and 6) restricts district authority to allocate funds to meet needs of certain schools with low performing students.

Judge Supports HB 7069 Legal Challenge

Circuit Judge Shelfer declined to dismiss the Palm Beach school board lawsuit against HB 7069. This suit targeted the provision that requires districts to share locally derived facility funding with privately owned charter schools. The Florida constitution reserves the right to allocate local millage for facilities to district school boards. The complaint will be heard in court. Millions of dollars in tax revenue that would go to charter schools are at stake. Palm Beach alone would lose over $230 million dollars from its capital budget. The district also loses its constitutional right to control and supervise the use of these funds, most of which go to for-profit charter schools.

A second broader challenge to HB 7069 has yet to be heard.

Lots of ways to cheat

Pathway Charter in Brevard faced closure in 2016, so it closed and reopened as a private school. It served the same students in the same location. Enrollment numbers at the charter were a little fuzzy, however. It seems that the principal inflated the numbers and collected $49,000 more than it was entitled to.

As a private school, it changed its name to New Horizons. Now, it faces fraud charges. It seems the school filed 39 identical applications for FTC Scholarships. It collected $20,400 for students with disabilities from the state. Then, there are a few thousand dollars spent for a vacation and some personal items.

The lack of regulation and oversight makes cheating a game of choice. See Sun Sentinel story.

How well do Florida students do….Really?

At the Florida House Innovation hearing a couple of weeks ago, Commissioner Stewart said that Florida ranked in the top ten in achievement scores. This is a stretch. Try 11th in fourth grade reading and 33nd in eighth grade reading. It  is worse in mathematics.

The comparisons of Florida on the National Achievement of Education Progress (NAEP) average scores are reported below along with the achievement gains in scores from 2003-2015.

AVERAGE SCORES

  1. Nationally Florida is 11th in grade four reading and 19th in math on NAEP, but it is one of the relatively few states that has mandatory third grade retention based on state assessment scores. Retention of third graders creates a temporary inflation in scores for fourth graders. Fourth grade NAEP scores diminish by eighth grade.
  2. Florida’s ranking in 8th grade reading drops to 33nd. Math is 43rd. nationwide.

Grade 4
Compare: Florida Nation Rank
Math……. 243… 200… 19
Reading.. 227… 221… 11

Grade 8
Math……. 275… 281… 43
Reading.. 263… 264… 33

COMPARISONS WITH LARGE ‘MEGA’ STATES

The Florida DOE does compare Florida’s NAEP scores to the nation and to other large states like California, New York, Pennsylvania, Illinois, Ohio and Texas. Of these so-called mega states, only California, Ohio and Florida have mandatory third grade retention. Note the drop in Florida’s percentage of students scoring at or above proficient in achievement rankings between fourth and eighth grade. The gain in the percentages of students scoring at or above proficient between 2003-15 is included in the report.

  1. All of the mega states except California out perform Florida in 8th grade mathematics. In reading, California and Texas have lower scores than Florida, but Florida also has a below average percentage of students scoring at or above the proficiency level.
  2. Florida’s 8th grade achievement gains in reading were less than all other large states except New York. California and Pennsylvania had large reading gains. The only large state to have large achievement gains in mathematics was Texas. Florida had significantly lower gains than most large states.

Education Week reports Quality Indicators that combine a number of ratings. If the National Assessment score rankings in grade 4 and 8 are used, Florida’s quality indicator is a C-, according to the latest Education Week report.

The bottom line is:

  1. Large states with large minority and low income populations do not perform as well as other states.
  2. Eighth grade scores are better indicators of achievement than are fourth grade scores due to differences in states’ retention policies.
  3. Florida ranks near the bottom in achievement gains. Wish it were different. Florida cannot improve achievement if it does not even recognize the problem it has.

A Primer on Big Money

If you hear something often enough, you might start believing, it especially if it builds resentment. Take for example the charges that public schools are failing, teachers are ineffective, unions are evil. For all of these reasons and more, children are short changed. It is a powerful message, but is basically fake news. Yes, some schools struggle, but public education is not the cause, and private schools are not the answer. How does anyone counteract this argument? First, we all must understand the strategy behind the messaging. It includes a few basic points that we need to have at our fingertips.

Diane Ravitch’s reviews two books that describe the origins of the theory and strategy of privatization. Read the entire article, but here are a few key points:

  1. The privatization movement is based on the premise that there is no ‘public interest; rather there is a collection of private interests. It was originated by Friedman and others who sought to make government more efficient. Charles Koch, however, advocates for the end of the role of government in public education, Social Security, Medicare, U.S. Postal Service, minimum wage and on and on. He funded the Center for Public Choice, now at George Mason University, where the political strategies for privatization are articulated. It was founded by James Buchanan, who received a Pulitzer Prize for his public choice economic theories which basically argued for the preservation of wealth.

  2. Buchanan designed the strategy to divide the political coalition behind government programs by building resentments. For example, claim that social security is not viable thus, for many younger people, they have no stake in it. But, current recipients would not loose benefits. Then, propose raising retirement ages and increase payroll taxes so everyone is angry at the system. Similar strategies were used against Medicaid expansion etc.

  3. Build resentment against teachers unions by targeting other workers who have lost their unions. Unions need to be thwarted by the privatization movement because they are the only well funded, organized opposition to privatization in education. Extend the strategy to state that some students are locked into low performing schools in inner cities, thus, the entire education system is failing. Fear and resentment develops not only within central cities but also among those who are concerned about the need for funding and racial equity.

  4. The privatization movement has a legislative arm called the American Legislative Exchange Council (ALEC) that is funded by corporations and represents twenty five percent of all state legislators. They draft legislation that appears across the nation. Check the Center for Media nd Democracy website, ALECexposed.org, that tracks ALEC legislation.

  5. There is a billionaires’ club behind privatization. Keep abreast of the Koch brothers organization, Americans for Prosperity. They along with other billionaires such as the Walton family that owns Walmart, the DeVos family, and the Broad and Gates Foundation fund everything from pro choice expansion to local political races. The Jeb Bush Foundation in Florida is part of this group. You find can out more information by reading Jane Mayer’s Dark Money: The Hidden History of the Billionaires Behind thee Rise of the Radical Right.

Recognize these strategies for what they are. Watch for how they will unfold as time goes on. When the corporate interest replaces the public interest, we are likely to see the emergence of technology driven, data based systems that reduce the role of teaching in favor of ‘coaches’ who are less expensive. We will see the deterioration of funding for school facilities; they are expensive. We will see the further division of our communities into have and have not schools based upon the ability of specific groups to fund them. It is not a pretty sight.

Who Owns Our Schools: Turkish and Chinese Companies?

Florida Prep Academy in Melbourne has been sold to NewOpen USA, a subsidiary of the Chinese company, Chongquin. The company has made a ‘significant’ investment in the private school. The operation of the school will remain under its President, James Dwight.

Florida Prep will be the first investment by a Chinese company in a U.S. school, but it will not be the last. They plan to expand. The investment may not ordinarily be noteworthy. Chinese companies buy properties in the U.S. all the time. Florida Prep, however, accepts FTC scholarships. These are funded by tax rebates to Florida companies.

Florida already has a number of Gulen owned schools run by the Turkish foundation. These schools are charter schools that take funding directly from Florida tax payers.

Interesting issue, who should own our schools? Privatization of our schools has consequences far beyond our legislature’s awareness.

Community Schools: We all can help

What can be done when communities experience more income and racial segregation? It impacts school culture and the sense of equity and access to the wider world. The Florida legislature has mandated charter takeovers. Community schools are the public school answer to those takeovers. They are emerging as an effective strategy to counter the isolation. Florida has twelve. The first, Evans High School sponsored by the Children’s Home Society, is a marvel. Read about how Evans went from an ‘F’ rated school to a ‘B’ rated school and grew enrollment from 1600 students to over 2400. Its graduation rate went up from 50% to 80%.

What exactly is a community school? There is a report out that describes four essential qualities. We need to track these schools. We can also help these schools. Here in Alachua County we are meeting with our community school leaders to find ways to support their after school programs. You might find a way to help one of your schools.

Community schools have strong connections between educators and local resources, supports and people. Meaningful learning and well-rounded development is everyone’s top priority. This learning strategy is not about regurgitating facts. It is about tackling real world complex problems using collaboration to create deeper learning. Too aspirational you might say? Not so! Low expectations send a message to children. Helping children tackle real-world problems engages them.

Here’s what to look for:

  1. Student support services are integrated into the school and coordinated by a school staff member.
  2. After school, weekend and summer programs provide additional academic instruction and enrichment activities.
  3. Schools become a neighborhood hub where parents’ educational or other civic needs can be met e.g. specialty classes.
  4. Collaborative leadership and practice through teacher/leadership teams, teacher learning communities, and a community school coordinator.

Here’s where to look for other community schools in Florida.

Fla. Appeals Court Supports State Education Policy

No surprise, the First District Court of Appeal upheld the lower court ruling against Citizens for Strong Schools. Basically, the Court held that the “high quality” and “efficient”, language from Article IX of the Florida constitution, were political judgments. The school choice, and testing and accountability policies were political decisions not subject to the jurisdiction of the courts. If it is truly political, then the voters have to change what is.

In an additional ruling, the court decided that vouchers for the McKay scholarships for children with some form of disability did not violate the uniform system of free public schools provision in the constitution.

Southern Legal Counsel, which filed the case, now must decide how to go forward. The case can be appealed to the Florida Supreme Court. You can read about the case on their website.

Education funding and fairness lawsuits occur across the country. For an overview of other cases see the Education Law Center.

This case has gone on for years. It will continue the fight. Floridians must also continue the fight for high quality, fair and efficient schools.

Survival of the Fittest in New York City?

Who succeeds at New York’s Success Academy charter schools? The New Yorker provides some clues. The first high school graduating class at New York City’s Success Academies has made it through years of strict discipline and mind control. There is even a correct placement for your pencil when it sits on your desk. Suspension is ‘one tool in the toolkit’ and is used often, not to punish but to increase awareness of expectations. Only seventeen students made it to graduation, but their accomplishments are notable. Even the teachers tend not to last; an average of twenty-five percent leave every year.

The environment for learning attracts parents. Success charters receive large donations from the business community. There are well equipped classrooms and field trips. Instruction is both very directed toward skill mastery and somewhat more progressive. Teachers, however, do not develop their own lesson plans. They teach what the ‘network’ demands. Teachers and students alike operate within tightly controlled boundaries and frequent assessment, according to the authors.

The recipe for Success Academy is high expectations, strict and intense behavioral control, and formulaic teaching strategies. Test scores for those who last are excellent. Most do not last, and after second grade, new students are not added. By high school, enrollments are small.

College enrollment for graduates is high, but then something happens. Students do not complete college.

John Dewey’s educational philosophy gives a hint to what could be happening at Success Academy schools i.e. “The society for which a child is being prepared…should be replicated in a simplified form within the structure and culture of the school itself’. In other words, if a school prepares students in an authoritarian manner, then the students will expect to function in an authoritarian world as adults. They may well have problems, as students at a Success Academy high school experienced, when they were given the opportunity to structure their own time and academic activities. They simply did not know how.

We all have to ask ourselves what is important about education. Is it measured by test scores or is there something more fundamental? These are not simply philosophical questions. There is a constitutional amendment proposed in Florida to define the purpose of education the development of the intellect and preparation for the workforce. What’s missing in this definition?

We All Answer for the Choices We Make

Parents are not the only one making choices; so are legislators. Here’s a powerful two minute video on equity in our educational system. John Kuhn states the case for funding fairness.

The video is sent out by the Network for Public Education. It is good. Take a minute and watch.