Supreme Court Decision on Public Funds to Private Schools Today

Today’s U.S. Supreme Court decision (7-2) allowed the State of Missouri to pave a playground at a private school, but not much else.

Here’s a take on the decision from the N.E.A.

Friends – busy news day, but wanted to share NEA’s statement on an important SCOTUS decision today on the Trinity Lutheran case, which we were watching closely as it addressed the use of public funding for religious institutions. Clearly we had concerns about how the decision could impact state laws when it came to voucher programs. Ultimately, as you can see below in the  statement we just released, the Court’s ruling was overall positive from our vantage point. It was narrow in focus, so it didn’t offer broad interpretation that any state prohibition on voucher funding is unconstitutional. If you have questions, please let us know if you have any additional questions or needs.
 
The topline message:
 
·         This was a setback for those who were hoping for a road to require states to take public school dollars to give to private and religious schools.  It was so narrowly written – to cover resurfacing playgrounds – that it left intact a state’s ability to interpret what separation of church and state means in that state and left intact state constitutional provisions that prevent the diversion of public school funding to private religious schools.  
 
·         That means voucher proponents will continue to face both significant public policy and substantial legal obstacles to any effort to expand school voucher programs.  
 
·         This is good outcome for the 90% of American students who attend public schools.
 
 
 
http://www.nea.org/home/70944.htm

Clearing the Cobwebs: What’s Wrong and What’s Right?

Jeff Bryant, in Educational Opportunity Network, reports on charters across the nation. Sure some do well. Some do not. I picked up on one of his examples…Oakland, California where I was born. It’s a community where high in the hills wealthy people live. It’s beautiful up there looking over San Francisco Bay. Down below I think of the mud flats of the bay. People used to make weirdly beautiful scrap wood sculptures. People in Oakland have a very different sense of place depending upon where they live. Yet, I remember a phrase that was oft heard: Out of the mud grows a lotus.

In Jeff’s article, I found references to two reports on Oakland charters that are among the best I have read. One is an Alameda Grand Jury report on charters. The other is cited in EdSource.

Oakland schools authorize 36 charters and one is authorized by Alameda County. This is at least one fourth of the county public schools. According to the 2015-16 Alameda Grand Jury report, charters were intended to be educational laboratories where new methods could be tested. The focus shifted when the State of California took over the school system in the 90s, and schools with sub par test results were identified. Charters proliferated, not as much as in Florida, but in a more concentrated way.

The Grand Jury report found that some charters have as many as 55 more days than the public schools. The other advantage was that skills not seniority were the basis of hiring teachers. Teachers earned the same salaries in district and in charters, but many in charters worked more days.

There are costs, however, for this flexibility. The lack of oversight is one. Charters there (as elsewhere) serve fewer students with disabilities, and those they do serve have less severe and less expensive problems. There is also no reporting or tracking to monitor potential wrongful expulsion or dismissal of ‘less desirable’ students who are counseled out for misbehavior of low achievement. There is no mechanism for district oversight of charters, no planning for charter growth, no ensuring of safety standards.

In Oakland as elsewhere, charters have an impact on communities. They attract students which makes some public schools under enrolled. Charters are privately owned, and facilities cost money. So they want the space in public schools they created. In Oakland, they would pay $4.73 per square foot of space. It means very different schools in the same building with the district picking up most of the cost. How are these schools different?

About one half of charter students score below the district average on state assessments. But according to these reports, even these charters ‘cream’ their students which makes them look better but does not make them academically better. Moreover, higher performing students tend to transition from district run schools to charters and lower performing students transition from charters to district run schools.

In the other half of charter students, according to the EdSource, about 40% of charter students have higher achievement levels before they enter the charter school; thus higher test scores reflect not what was learned in the charter school but the achievement levels of the students who enrolled initially. Charters are also more segregated into silos than are district schools. Is choice just making a bad situation worse for struggling students?

There is one take away from all of this that is not addressed and should be. In Oakland, there is an independent committee that reports to the citizens of the city on the district and charter schools. They cover the issues and the consequences of the choices people are making in their own city. They have a Grand Jury investigation of equity. They are pointing out that charters just formalize what is occurring in communities when lower achieving children are segregated from those children who have ‘learned how to learn’. Segregation takes many forms, none of them are cost free.

We are all asking: What Do We Do? First of all, challenge the myth that choice has no bad consequences. It is about money and comes down to who owns the real estate; it does not improve academic achievement, and it does increase all forms of segregation. It tells us, however, to look at how much time our schools spend on instruction and what kind of instruction children receive. Are we as citizens asking the right questions about our schools? Therein always lies the rub.

Abandoning our Public Schools

by Pat Drago

Pat, a member of the State Board of the Florida League of Women Voters says it all. School choice is all about changing what we value as a society couched in deceptive language about helping children by turning them over to private corporations. Read Pat’s thoughts and share your own. Don’t just tell each other. Let your legislators know. Help others to understand the money interests behind the privatization of education


HB7069 – ABANDONING OUR PUBLIC SCHOOLS
When the 2017 legislature passed the 278 bill titled HB7069 in the last days of an extended legislative session and Gov. Scott signed the measure into law, Florida’s constitutional responsibility for public education was out-sourced. And it doesn’t even have to go to the lowest bidder. No bids required.

This is the wholesale transfer of public dollars to line private pockets with no performance requirements. The entry criteria are marginal at best. Why did this pass in the last minutes of the session, with no time for scrutiny? It was because it could not stand the light of day.

What happens now? Struggling public schools in high poverty areas can be closed and students allowed to attend charter schools operated by corporate charter operators. Do they need to meet any performance measures for students? No. Do all students need to be educated by them? No. They will be eligible to receive millions in state funds. Is there any requirement that their expenditures to inure to the public? No.

In addition, after the Fl. Senate heard testimony this session on the dire situation in many districts related to deferred maintenance and deteriorating schools, what did HB7069 do, but take funds from local districts’ capital outlay and transfer to charter schools. There was very good language the senate had included that required the recipient of any of these dollars to protect the public interest and not engage in self-dealing. The final version of HB7069 deleted that language. And we have to ask ourselves WHY?

Why the last minute rush that deleted the good language and left the indefensible? Why avoid the scrutiny and benefit that debate and amendment bring to the deliberative process? Why did the governor sign it when he had thousands of Floridians who begged him not to?

It’s official – the State of Florida as personified by House Speaker Corcoran and Gov. Scott, no longer believes in its neighborhood public schools or believes it has any role to play in improving the future for its children. They also do not believe in transparent financial accountability for millions of taxpayer dollars.

Moody Warns HB 7069 Could Downgrade District Credit Ratings

It is no surprise that taking money away from district public schools and giving it to privately owned charters is a credit negative. Moody Corporation has long reported credit ratings for many companies. Now it warns that district financial ratings will decrease because they will have less money to pay for loans to support school facilities. This is serious. It means that the loans districts do receive will cost more. Interest rates will be higher. What is our legislature doing to our tax payers and our public schools.

You can find the rating by doing a Google Search for the News4Jax article on June 22, 2017

Appeals Court to hear Citizens for Strong Schools Case

I just received the following announcement from the Southern Legal Counsel:

Please be advised that the oral argument in the appellate case is scheduled for 9:00 A.M. on Tuesday, July 18, 2017 in Courtroom One at the First District Court of Appeal located at 2000 Drayton Drive, Tallahassee, Florida.

If you can go, do. The League strongly supports the plaintiffs in this case.

Want to brush up on the arguments? Basically it comes down to whether or not Florida’s system is following the constitutional requirement for a uniform, safe, efficient and high quality system for ALL students.

I reviewed the closing arguments in the initial case. You can read them on the blog here:

Citizens for Strong Schools Closing Arguments

HB 7069: It’s not over!! There’s movement afoot.

When HB 7069 was signed into law, many hoped for an outcry from the citizens of the State. It’s been eerily quiet, and makes me think of what we used to call ‘earthquake weather’ in California when I was a child. Just before an earthquake, everything was so quiet that even the leaves on the trees did not move.

Today’s Florida’s Politics reports a rumble starting. Senator Simmons who worked so hard with Senator Farmer and others to craft a reasonable educational policy said, “We’re not done yet with HB 7069”. Senator Farmer is considering a lawsuit because the conference committee members swept up so many provisions and, in secret and at the last minute, created a bill that violates the single subject provision for bills.

Governor Scott could have vetoed HB 7069 but did not. The most destructive provisions include:

  1. Automatic charter school take over of low-performing schools. High performing charters don’t want these schools. Other charters take only the students they want and leave the others to fend for themselves.
  2. House members deleted Senator Simmons’ provisions to control charter school self dealing and corruption.
  3. Sharing local capital outlay that public schools badly need for facility maintenance puts money in privately owned charter facilities. Big charter chains make their money through their real estate companies.
  4. Teacher bonuses based on test scores do not address teacher shortages.
  5. Proposed reduction in testing is meaningless.

Thousands of people urged Governor Scott to veto this bill. He did not. Many more thousands need to be heard. Make a noise; turn the rumble into a roar to end the move to privatize our schools. It does not work; they make false promises. We can solve our own problems. Say so! Don’t let corporations take over our schools; they belong to us.

Florida For-profit Charter Chain Racketeering Charge

How often do we need to hear the same thing before the legislature will act. For profit charter management is an open invitation to fraud. These charter management companies have hidden affiliated companies that do what they want out of public view.

Tbo News reports that racketeering charges have been filed against Marcus May and his associate who run 15 Newpoint charter schools in Florida (Bay County, Jacksonville, Hillsborough, Pinellas). The story underscores the League’s constant refrain: The Legislature must enact measures to correct charter school fraud and abuse. For the past two years, the legislature has rejected first Senator Gaetz’s call for reform legislation and then Senator Simmon’s measures to correct charter mismanagement. What does it take to get action?

These Newpoint related companies are a maze of legal entities that are banded together to make it impossible for local citizens to know where their tax payer dollars are going. Newpoint’s affiliated companies include School Warehouse and Red Ignition. They overcharged for computers, filed fake enrollment reports, extracted large fees, and used money to pay for expensive vacations, personal home, and on and on.

Fifty-seven million dollars of public money was given to this group. Millions were stolen. Initially they were under investigation for giving fake grades to students. Now they face charges of grand theft, money laundering, and white collar crime along with their racketeering charges. They recognize no limits.

Where Do We Go From Here?

Governor Scott’s decision to sign HB 7069 was no surprise.  What needs to surprise our Governor and our legislature is our response.  We must focus like a laser on the November 2018 election.

We have to arm ourselves not only with the facts, but also with specific examples of what we want and do not want.  The local LWVF study process must go into a higher gear.

Here are some suggestions to build a story about your school district:

 

Continue reading

Governor Scott Makes a Bad Choice

Governor Scott to sign HB 7069 today.  In a symbolic act, Governor Scott is set to sign HB 7069 at Morning Star Catholic Church in Orlando today.  Is private school what we want for our children?  We know that Speaker of the House Richard Corcoran wants to start a steam roller to privatize our schools.  He has said so publically.  The time has come for citizens to stand up for equal access for a high quality public education.

HB 7069 uses charter school expansion to fuel that initiative.  Charter schools are privately owned and managed but funded with our tax dollars.  Now, our local districts will have to give up some of their local facility funding to charters so they can pay whatever lease and bond payments private charter management firms require.

This is a serious blow to public schools whose facility funding has been sharply cut for thee past ten years.

Continue reading

csusa

Rod Jurado of CSUSA did not like my article in the Gainesville Sun: Consequences of School Choice.  I described what is happening to local schools and neighborhoods as choices proliferate and funding decreases.  I also mentioned that CSUSA, a for-profit charter management company has submitted a proposal to Alachua County Schools.

Mr. Jurado argued, ineffectively, that charters out perform public schools.  I disagreed.  Here’s the response I submitted as a Letter to the Editor.

 

Continue reading