Charter Schools Come Home to Roost

This is an editorial from the St. Augustine Record. It covers Governor DeSantis’ proposed state funding for private schools that is unconstitutional. The editorial argues that charter and private schools should have the same oversight and requirements as public schools if they are to get public money.

Public Schools Deserve Support

By Betty Castor
This article appeared in the Tampa Bay Times this morning. Betty is a former Florida Commissioner of Education who is very concerned about the privatization of public schools.

This is a crucial year for traditional public schools. If the past few years are any indication, there will likely be fierce competition for funds with those who favor privatization. However, there is no doubt that citizens support their public schools. In county after county, including all the counties in our Tampa Bay area, voters have approved public referenda to provide new, safe school facilities and/or operating funds. Eighteen such issues were passed statewide in the last year! Now that the public has spoken, it is time for the Governor and the Legislature to prove they’re listening.

Governor DeSantis’ initial public-school budget recommendations appeared positive. While last year’s increase ended up as a paltry 47 cents per student, the Governor is seeking a sorely needed addition of $50 per student. While many public school advocates were initially pleased, he has left many confused by his very recent recommendation for a new voucher program.

This so-called “equal opportunity scholarship” would divert public funds directly to students attending private schools. Not only is this a dramatic departure from current policy, but it is also unconstitutional. It raises the critical question of whether these funds would cut into our scarce resources for students currently enrolled in our traditional public schools.

Florida already ranks at the lower end of the fifty states in per capita spending by state governments and per capita spending of personal income. If we continue to siphon off funds directed to current students and school districts, we will fall further behind. Florida’s districts could surely use those proposed new funds to recruit and retain qualified teachers, purchase technology for classrooms, computers for students and provide modern equipment for workforce training.

The costs of our burdensome testing programs could and should be reduced. Although neither the Governor or his Commissioner of Education has yet signaled a change, no issue is more critical to students and families than the arbitrary and unfair high stakes testing that permeates all instruction. Testing has been used to sort students, retain many at grade level and prevent others from graduating. Florida is one of a small and declining number of states that continue to use a single test as the only measurement for high school graduation!
There are alternatives. Students should be evaluated using course grades, teacher evaluations and industry certification.

In the early grades, testing should be diagnostic, not used for widescale retention. Teachers, whose evaluations are based in part on student test scores are often forced to teach to the test at the expense of more meaningful curriculum. Our students don’t deserve these arbitrary barriers. Thankfully, some thoughtful legislators are exploring alternatives to this punitive and costly high-stakes testing.

Choice continues to be the watchword of proponents for more charter schools and vouchers. While their mantra is choice, they ignore the reality that there is plenty of choice in traditional public schools where students participate in magnet schools, honor societies and academic clubs. The vast majority of the 2.8 million students in Florida are enrolled in traditional public schools. They are taught by certified teachers in districts whose funds are audited and whose meetings are public.

Good charters also are those with local boards and transparency. However, too many utilize for-profit management companies with no real ties to the community and little accountability. According to Integrity Florida, a Tallahassee based research group, 373 charters have closed since 1998, an average of 20 a year. When they fail, it is a terrible loss of taxpayer dollars. Therefore, it is reassuring that the Governor would like to ban the “bad actors” among the charter providers.

The tax credit scholarship supporters have also convinced the legislature to permit the tax credit scholarship program to expand. Some of those schools perform well with quality staffs. Others do not. According to the Department of Education website, two thirds of the schools, enrolling 83% of students, are small and religiously-affiliated. There are presently no requirements for certified teachers. Yet proponents oppose even modest safeguards that would help to provide transparency to their business supporters and the public. The tax scholarship program as well as the Governor’s new scheme for expanded vouchers need a lot of scrutiny.

The students in traditional schools will need continuing support and the resources to help them become successful. Our leaders in Tallahassee should welcome information and incorporate the suggestions of those who represent the majority of students in Florida. The ultimate goal is an open, fair and productive system that helps our students to achieve their fullest potential. The voters have told us as much.

UNFAIR SCHOOL FUNDING BILL FILED

SB 1028 filed by Senator Hutson will take money local voters approved for their public school facilities for privately owned charter schools. This is unfair for many reasons. Here are two. Charters are privately owned. If they close, which they often do, they keep the school buildings and can sell them for profit.

There is another reason to question this bill. Charter schools can build on the cheap, and do. They do not have to meet the state building codes that public schools must meet. The funding for charter schools, however, is based on student enrollment. Thus, charters get the same proportion of funding as do public schools, but they have lower standards for their schools.

Charters can locate in any building that can meet local fire codes. This is why they sometimes are in really poor facilities. Parents have to make it clear to the legislature that education on the cheap has gone too far. The charter school movement is turning into a real estate boondoggle.

Modern Day Good Guy

Here’s a story about Russell Edgar who prosecuted the Newpoint charter school case. He was quoted as saying: “Charter schools in Florida are a real problem.” In this interview by Duwayne Escobido, he delayed his retirement to prosecute this case because he wanted to educate officials, lawmakers, and prosecutors on how to build a case against charters that break the law.

Edgars has had several high profile cases…remember the Black Widow? Also think back to the first case against a doctor over opiods.

You may find this interview very interesting and reassuring that there are people who care very much about the public interest. Read the article here.

Florida Supreme Court Rules Against Public Schools

My take on Friday’s Supreme Court decision on the Citizens for Strong Schools lawsuit.

Article IX of Florida’s constitution, ratified voters in 1998, called for the state to make adequate provision for the education of all children to have a uniform, efficient, safe, secure, and high quality system of free public schools…. In 2009, the Citizens for Strong Schools lawsuit began its arduous journey to the Florida Supreme Court. The plaintiffs had argued that Florida’s choice system failed its constitutional mandate. In one example, the plaintiffs cited data showing “one million Florida minority students (1/2 of all students), moreover, do not read at grade level”.

The defense defined educational quality as ‘continuous progress’. Thus, in the state’s view, if test scores go up, the system is working. NAEP was the standard used to show improvement. There has been improvement in Florida’s NAEP scores over the past twenty years. The state claimed that the improvement in achievement was attributed to the quality of teachers and administrators and the pressure from school choice. The plaintiffs argued that improvement is fine, but the achievement is still low. Moreover, a high quality system gives access to all children, not just some.

At its core, the lawsuit was about adequate funding to meet children’s needs. If the plaintiffs had won the lawsuit, they would have asked for a cost study so that requirements would be aligned with resources. In the current choice system, funding to support charter and private schools drains needed resources from public schools. Florida’s per student funding is one of the lowest in the nation.

In January 2019, the Court in a contentious 4/3 split decision, rejected the claims of the plaintiff. The majority opinion of the court was that the terms ‘high quality’ and ‘efficient’ are ambiguous and do not create judiciable standards. Education policy and funding are in the domain of the legislature, not the judicial system. Chief Justice Canady said: the plaintiffs “failed to provide any manageable standard by which to avoid judicial intrusion into other branches of government”. The minority opinions stated that the majority opinion “eviscerates the 1998 opinion…only time will truly reveal the depth of the injury inflicted upon Florida’s children”.

What is the correct basis for the legal argument? is it a rational basis or must the state comply with specific requirements to provide a high quality education? A Wikipedia explanation stated that it is easier to define a rational basis by what it is not. It is not a genuine effort…to inquire whether a statute does in fact further a legitimate end of government. I found a quote attributed to Thurgood Marshall…the constitution does not prohibit legislatures from enacting stupid laws. The case may have hinged on the interpretation of the legal basis of the case. It reminds me of a saying I have heard often: Is it close enough for government work or do we have to get it right?

Where do Florida citizens go next to garner support for the education of their children?

School Discipline Policies: Helpful, Hurtful, Both?

Do out-of-school suspensions help or hurt school climate? Are student discipline problems getting worse or better? Betsy DeVos has eliminated the Obama era policies of federal oversight of discipline policies that may impact some student groups more than others. She charges that the Obama policies that are intended to reduce inequitable discipline practices have made problems worse. When teachers are afraid to refer students to the principal, and schools are afraid to suspend students acting in a dangerous way, are school classrooms becoming a ‘free for all zone’? Some teachers may think so. Others claim that minority students are often subjected to harsher penalties than white students for the same offenses. Suspending students, moreover, may simply make student problems worse. It is a conundrum.

There is a report: School-safety that addresses these concerns and the need for more attention to factors within and outside of schools that impact student safety. There are best practices identified from which states and local district are urged to select those that fit their circumstances.

One has to wonder if this data driven educational system based on student test scores and a ‘test and punish’ mentality is also at fault. Students’ schools are labeled as failing or near failing; so are the students themselves. Even students who are achieving at grade level may feel alienated when they do not qualify for a particular magnet program or other selective program. Students feeling tense, left out, and inadequate may well act out.

Some parents opt out of local schools only to find that they enter into a separate system of schools where take it or leave it policies prevail. What they are forced to put up with in many charter and private schools has little to do with student achievement. Discipline and discrimination, moreover, may be even more rigid and arbitrary. These schools have everything to do with which kids get in, which do not and who gets kicked out. There is a better way, a more equitable way, where students and parents from diverse backgrounds feel a sense of belonging. These schools exist. How can we create more of them?

NPE: Five Reasons Why Charters Can Not Be Reformed

Some charters are innovative and productive; most are not. Why not? Here are five reasons why Diane Ravitch and Carol Burris believe that no reform of the ‘charter system’ will work. I have listed the reasons below, and you can read the rationale for these inherent flaws in the charter school system here. It’s good to have the five points at your fingertips as you talk about your concerns about school privatization.

  1. Freedom from regulation and oversight through public governance has resulted in persistence and undeniable patterns of waste and fraud.
  2. Defacto discrimination is baked into the charter school model.
  3. Charter schools bleed money from the public school system, which results in either a lesser education for public school students or an extra burden on tax payers.
  4. Charter schools eliminate democracy from school governance, and this lack of voice is most acutely felt by parents in disadvantaged communities.
  5. Loose laws around conflict of interest combined with a lack of transparency regarding spending have provided a fertile ground for profiteers and grifters.

The Ban the Book Brigade

Florida Citizen’s Alliance has an agenda to censor textbooks. Which books?
1. Anything with sexually explicit text e.g. Toni Morrison’s ‘Beloved’; LBGTBQ transgender themes e.g. ‘Being Homosexual’ by Richard Isay
2. U.S. History texts, World History, Understanding Economics and other books that are charged with issues such as having a ‘left bias, opposition to right to bear arms, failure to emphasize federalist vs. anti federalist conflicts, bias against supply side economics, and stating evolution as a settled fact.
3. Religious indoctrination e.g. books about Islam
4. Science e.g. books about environmental dangers such as global warming; Darwin’s Theory of Evolution that do not explicitly say that these are ‘theories, not facts’.
5. Common Core Math critical thinking, problem solving methods

The FCA is headed by Keith Flaugh who is part of the coalition centered around Erika and Byron Donalds and others who support the Christian conservative charter schools known as Classical Academies. They typically challenge text book adoptions at local school boards in Florida. They are included in the DeSantis education transition task force.

DeSantis Appoints Education Transition Team

Read the goals and see the list of advisors in the article here.

I looked at the list of appointees for the governor’s new education transition team. It is pretty obvious to whom he intends to listen. He won’t have to hear much about public schools, only three districts are represented. Higher education does better, and prochoice advocates do best of all. Missing is a voice for teaching and learning.

Politicians: Bob Cortes, Don Gaetz, Governor Scott Chief of Staff
Ed Related Companies: New Teacher Center
Higher Ed Representatives: FIU, Higher Learning Advocates, Polk State College, Broward College, Pensacola College, University of Florida Trustees, Tallahassee CC Board of Trustees, Independent Colleges and Universities,
FSU, State Board of Education,
K12 Groups: Walton County Superintendent, Hillsborough schools govt relations, Miami-Dade school board,
Political Commentator: Annenberg School lecturer Felzenburg
Pro Choice Advocacy Groups: Home Education Foundation, Erika Donalds alternative school board group, Florida Citizens Alliance (2), Florida Consortium of Charter Schools, CSUSA, Lake Highland Prep, Teach Florida, Step Up for Students, lift Academy, Charter School Alliance, Academica
Business: First Coast Energy, Career Source, Physicians Dialysis, Bags, inc., Vestcor, Apple.
Community Group: Urban League

Charter School Teacher Unions Strike

Some charter school teachers in Chicago have gone on strike. Part of the allure for management companies to open charter schools is that they are not part of the teacher unions…or are they? In Louisiana, the 5th Circuit U.S. Court of Appeals ruled that charters are not a subdivision of the state. Therefore, they are subject to the National Labor Relations Act. The court declared that even though New Orleans was a charter dominated system, it was the public school system. It was not, however, a politically accountable entity. Basically, the court argued that since the state could not control the charter board membership, the charter was independent. Independently run charters must allow employees to unionize. Teachers can then bargain to be covered in health insurance and retirement programs or increase salaries.

In Chicago, the teachers, both public and charter, are fighting for their profession. Some charter teachers have organized their own union, and/or join the public school system unions. It gets complicated! Nevertheless, in 2016, the union bargained with the mayor to put a moratorium on charter school expansion. Teaching conditions have not improved. Now, 500 charter school teachers who did unionize, have gone out on strike.

The issues for Chicago charter school teachers are real. They work longer days and have a longer school year…about 20% longer. Their class sizes are larger and their salaries are smaller than for public school teachers.

Florida has a strong teacher’s union, but it is hampered by an agreement to ban strikes. Back in 1968, Florida teachers launched the nation’s first statewide teacher strike. The settlement included a ban on future strikes. So, teachers like parents must choose to accept what is offered or leave. Many are. It is one way to raise awareness that when some groups are treated unfairly, everyone suffers. Surely, there must be a better way!

An interesting question comes to mind. Are Florida charter teachers public employees? They are hired by private companies, not school districts. Can they organize and strike?