Judge Dismisses One HB 7069 Lawsuit

The Broward County lawsuit over HB 7069 and Schools of Hope was dismissed by Judge Cooper in the Leon County Court. No written decision is yet available. Judge Cooper, according to the Miami Herald, ruled that districts did not have the constitutional authority to direct facility funding that is locally generated. Thus, charters could share in locally generated funding. In addition, the law allows charter systems to be their own Local Education Agency which makes them independent from local school boards. Schools of Hope which are charter take overs of low performing public schools were ruled to be outside local district control. The bill also includes a state designated standard charter contract that has no locally inserted provisions. Districts cannot amend the contract to designate local needs be observed. Finally, some changes in local district control of federal funds for disadvantaged students remain.

While Judge Cooper seemed sympathetic to the school districts’ case, he said his court did not have jurisdiction to overturn the law passed by the legislature, even if, as a local observer reported, the law was “stupid”. The expectation is that the case will be appealed to a higher court.

For a brief review of the HB 7069 lawsuits see: How many HB 7069 lawsuits are there?.

Will Eagle Arts Charter Close?

The two principals resigned as did many teachers. Eagle Arts founder, Gregory Blount is not paying his teacher salaries. He is busy paying money to his own company. This is not the first time this has happened. Word has gotten around about the financial irregularities, and many students have withdrawn. This Palm Beach charter school is down to 425 students, and money is running short. Blount is getting loans from local banks. Teachers are asked to wait for their checks.

Palm Beach has had other charter failures. Wellington charter has a 90 day warning to rectify its financial status. The founder is paying his company from school funds for ‘branding’ software. This self dealing is rampant in Florida.

Florida leads the nation is charter closures. Where is the oversight? Why does the legislature fail to act? Is it because so many in the leadership have their own charters?? Charters are public in name only. They are publically funded but privately managed. The children lose.

CRC Drops Voucher Proposals for November 2018, Charter districts still there

The Constitutional Revision Commission dropped the two voucher proposals to amend the Florida constitution. Polling by Clearview Research resulted in a 41% favorable response to amendment 4 that would give state funding to private, religious schools. There must be a 60% favorable vote in November to pass. Erika Donalds withdrew her proposal number 45 to fund educational services to private schools.

This decision does not change the current status of Florida tax credit scholarships which are funded by corporate tax rebates.
What’s left?

P43 by Donalds to have a two term limit for school board members
P71 by Donalds changes school board oversight from all schools “within” the district to all schools “established by” the district. This would remove the authorization of charter schools by elected school boards.
P93 by Martinez would allow a school board or the voters to turn an entire district into a charter district. The schools would then be exempt from the K12 school code for facilities and personnel in the same way as charters now are exempt.

A teacher exposes charter hype

A former public school teacher was lured to a charter. What happened is beyond belief. When advocates say the lack of regulation spurs innovation, don’t believe it. If you need to be convinced, read this teacher’s story.

Hillsborough Charter Expose

For years, the Hillsborough League has studied the inner workings of charters in their county. Here is an opportunity to hear first hand of their findings. Pat Hall has chaired the education committee for years and is relentless in her research and documentation of how for-profit charters work…for themselves. Listen to the podcast by Teacher Voice.

Letter to Puerto Rico

The Puerto Rican legislature is considering its first cbarter school bills. As part of a national coalition, I was asked to write a letter to the legislature. These are my views. The letter is not from the League.
………………………………………………………………………………………………… To: Members of the Legislative Assembly of Puerto Rico
From: Sue Legg, Ph.D., University of Florida, emerita
Re Senate Bill 825 and House Bill 14441

I write as an expert in Research, Measurement and Evaluation who has been actively involved in studies of school choice in Florida. For over thirty years, I was a major contractor for the Florida Department of Education in assessment and evaluation. More recently, I headed the statewide study of charter schools for the Florida League of Women Voters.

There are lessons to be learned from the Florida school choice experience. Not only did the U.S. Department of Education officially recognize (in 2014) the increased racial and economic segregation of schools in Florida due to charter expansion policies, the unregulated expansion of the industry also has resulted in unparalleled corruption.

Mismanagement of charters in Florida takes many forms. In the current Florida legislative session, the Senate has issued a proposal (CSB 7055) to prohibit financial enrichment by charter school owners and managers and their associated real estate companies. Charter school buildings that receive state funding for supplemental services must be transferred to a district, governmental entity, college or university if the charter closes. Charter closures due to poor academic achievement and management are the highest in the nation.

This legislation, if it passes, is long overdue. Millions upon millions of public dollars remain in the hands of the owners of privately run charter schools. Equally alarming are the number of legislators on key education committees with personal interests in charter schools e.g. the Speaker of the House.

The impact of unparalleled growth in the charter sector has contributed not only to the deterioration of neighborhoods as schools become more stratified by income and race, but also to the physical deterioration of facilities. Districts have joined together to file lawsuits due to their inability to maintain school buildings as funds are syphoned off. As the State reduces funding to pay the costs of charter and private school expansion, costs are shifted from the State to local communities. Local sales tax and property tax initiatives attempt to pick up the slack. Their ability to do so is dependent upon the wealth of the local community, and the specter of increased inequity increases.

There may be a need to offer school districts some flexibility in school management. The lack of oversight and strategic planning in a free market system based on competition for students, however, fails to serve students. Achievement gains in Florida are largely a myth fostered by well financed school choice advocates. NAEP scores have been flat for a decade. The highly touted growth in fourth grade reading scores reflects the high rate of third grade retention, not teaching and learning strategies.

This is a cautionary tale. There are social, political, and economic costs that must be weighed in this debate. Even the National Alliance for Charter Schools reported in 2016: “Despite consistent growth by charter schools in Florida, the schools have lagged on quality, diversity and innovation”.

I have watched and seen first hand what happens as schools open and close and children are shuffled around. It is not a pretty sight.

Compare the Policies: This is a real choice

The Florida House passed its version of HB7055. The Senate version has the same bill number but different content. It is moving forward. Compare the two versions.

Private School Expansion. Both legislative chambers would expand the corporate tax credit scholarships to students who could demonstrate they were bullied or otherwise harassed. Tax credits on new car sales would fund these private school scholarships, but the House would allow $105 per sale and the Senate would provide an option for buyers to donate $20 per sale. The Senate also proposes stronger fiscal audits and background checks for private schools and would raise standards for teachers who now are not required to have baccalaureate degrees from accredited colleges and universities.

Charter School Expansion. The House proposes converting public schools to privately managed charters and organizes charter school districts. These charters have governing boards appointed by private charter companies. The Senate proposes district-run charters that allow districts a more level playing field. Public school districts could be freed of stringent facility and staffing regulations, as charters currently are. Locally elected school boards, however, retain the responsibility of district-run charters.
In a long awaited move, the Senate bill takes aim at charter school profiteering. It prohibits financial enrichment by charter school owners and managers and their associated real estate companies. Charter school buildings that receive state funding for supplemental services must be transferred to a district, governmental entity, college or university if the charter closes.

Support for Low Performing Students. The House bill awards $400 per student who fails the third grade English Language Arts exam. Additional services would be funded by sales tax revenue. Families would be on their own to find a private tutor or other instructional materials. The Senate creates Hope Supplemental Services as part of current educational funding to school districts. These services provide $2000 per student for tutorial and after school programs as well as student and parent counseling and nutrition education. In addition, the Senate proposes an intensive mental health program be initiated in public schools.

Yes, the Senate threw a bone to the House by including a small amount of funding for the ‘bully bill’, but on balance, it is a much better bill. It gives districts control of charters that it decides to create. It puts meaningful control on charter profiteering. It supports struggling students in low performing public schools.

There is more to come. Watch for the House Ways and Means bill HB7087. They will continue to try to get more money to the private sector. The bill creates the Florida Sales Tax Credit Program. This is all a prelude for the November 2018 election when the pro choice advocates will attack the Florida Constitution to allow vouchers.

Doomsday or Glimmer of Hope?

I heard some things in Tallahassee. One legislator said “If HB7055 becomes law, it is the end of public education as we know it.” Another legislator said: ” I was taken for a ride last year on HB7069; it won’t happen again.” Nevertheless, HB7065 passed in the House today by 66 yeas to 43 nays on the third reading. There is no conforming bill in the Senate; the fate of our schools now depends upon the strategy the Senate uses to consider its bill, SB2508. To become law, the two chambers have to negotiate a common bill. Last night the Senate stripped the House bill of its HB 7055 language. It offered to consider individual proposals one at a time. The League has positions on this list of individual bills.

It’s clear that the House HB 7055 policies are all about privatizing our public schools. The Senate bill SB 2508 is much more supportive of public schools and responsible management. What will happen is tied not to policy, but to the budget process.

The budgets are now renumbered. The House budget is HB5001 and the Senate is SB2500. The House tied its policies to the budget. If their bill does not pass, it can prevent passage of any budget at all. The Senate budget is complex and its impact is not obvious. What happens depends upon understanding the money.

Here’s what I think might be at stake.

  1. The Florida Retirement System. One of the biggest groups supporting the retirement system is teachers. If you are an antigovernment politician, then that big pension system is a target. The fund is self supporting in Florida, but without teachers, it likely will not be.

HB7055 has a measure to decertify unions. Without retirement and health care benefits, there will be more and cheaper charter school teachers available! Almost no charters provide benefits, and it is difficult for them to recruit and retain teachers.

  1. Sales Tax Revenue for Private Schools.. Using sales taxes to fund private school vouchers is unconstitutional. If the House bill becomes law, it will set precedent for giving scholarship funding from sales taxes. It gives $400 to parents to families of kids who failed the FSA English Language Skills test. It is a ploy to set up a scholarship for public school parents to buy services on the private market. It is not about the kids. Those same children would fare much better in the Senate bill which allocates $2000 per child to public schools to provide those services.

The Senate has a much better policy bill, but it has different budget implications. The Senate provides more per student funding ($7,201 vs. $7,142) and slightly more money for student growth. Additional funding comes primarily from the required local effort in local property taxes. There is no millage rate increase, but revenue can once again fluctuate. If property values go up, the revenue to schools increases (and vice versa). The House budget only allows districts to gain income from new home sales, not from increases in property values for all homes and funds fewer new students.

The House version looks like it is lower cost, but it organizes the money differently. For example,
1. Money for the Hope low achieving children and mental health, shows in the Senate budget, but the House reading scholarships based on new car sales do not show in its.
2. The Senate includes money for the Best and Brightest teacher bonuses and the House funds it separately. The Senate includes the extra hour reading requirement but the House does not.
3. The Senate includes a funding compression allocation for districts whose revenue is below the state average but the House does not.

Moreover, facilities funding from PECO dollars derived from taxes on telephone lines etc. will generate $120 million for the 652 charter schools the House favors but only $50 million for the over 4,000 public schools. The allocates $25 million to charters and $75 million to district schools.

After all is said and done, in the Senate FEFP budget, the base allocation from the State general revenue is less than last year by $45.20 per student, and new money for programs comes from local property taxes. Perhaps the Senate can find a little more money from the State so that its share of funding for schools is equal to last year.

The House state base allocation increased this year, but of course it funds its new programs separately. Smoke and mirrors hiding real consequences not only to children, but to the future of our educational system.

We all know that most policy decisions are about who gets the money. This is your money. Who gets it? If ever there is a time to let your voices be heard, this is it. Do you want to set up a system to promote private schools? If not, say so.

The BIG Questions: What Choice Really Means

The Florida House and Senate will negotiate over how school systems can be either publicly or privately run or a combination of the two. They call this ‘district flexibility’, and it raises four BIG questions.

In the House version, HB7055, public schools will be run by privately managed charter districts, if they so choose. In the Senate version, SB2508, school districts will continue to be overseen by elected school boards, but individual public schools may be converted to charters managed by district school boards.

This district flexibility is PHASE TWO of the movement to privatize public schools. The major components include changes in the quality control for buildings and staff, funding for services for struggling students, and control of curriculum. There will not be much more money for schools, but differences in how the two chambers pay for schools are important.

WILL THE LEGISLATURE CHOOSE:

  1. cheap school buildings for some? If the K12 School Code is revoked, as proposed, there will be no standard for school construction. It will be legal for all schools, not just charters or private schools, to be in strip malls, abandoned buildings or in palaces with superb labs and auditoriums for the lucky.

  2. lower qualifications for teachers and principals? In response to teacher shortages, the House revokes union contracts for salaries, benefits, or working conditions. In the Senate version, teachers are district employees, but their pay and hours are determined by principals. To fill vacancies, teacher certification allows individual schools to mentor and qualify teachers. The House bill introduced the term ‘manager’ instead of principal. Both houses allow one principal to supervise more than one school.

  3. schools that choose which students they wish to serve? Proposed House legislation gives funding for struggling students to parents, not schools, and it broadens eligibility for tax credit scholarships. All scholarship programs are consolidated under Step Up for Students, the private entity that now administers private school scholarships. The Senate proposals fund schools to support struggling children, and schools converted to charters must serve the neighborhood children.

  4. religious instruction in all schools? Current bills to allow districts to exceed curriculum standards and introduce religious beliefs and ideological economic theories into schools (SB966). Some charters already blur the distinction between secular and non secular schools. They are located in church facilities, or they advertise ‘Christian or other ethnic values’.

In November 2018, voters will vote on changes to Florida’s constitution to implement PHASE THREE. Will barriers be removed to direct funding of private schools and teaching religion in public schools? This what school choice is all about. Do companies and churches run schools and parents do the best they can to find a school that will accept their children? Do you relax standards in order to save money? The League position is clear; we support free, high quality public schools for all children, and these schools are run by locally elected school boards.