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.

Did Miami-Dade Suggest a Better Choice?

Suppose high performing districts could turn themselves into charter districts. They would be governed by the elected school board and freed from most state regulation for curriculum, facilities, and staffing. The State Curriculum Standards and assessments would be in place, teachers would be certified and be part of the State system, and school facilities would vary according to need.

The suggestion from Superintendent Carvalho is part of the draft Florida Senate bill 2508 now circulating, and an amendment P93 by the Constitutional Revision Commission member, R. Martinez. A different version of the concept was filed in the House: PCB 18-01 Will there be unintended consequences? No doubt! Is it a better direction than privatizing our schools and taking away local control from elected school boards? Yes. Is it better than what we have now with a one size fits all set of regulations? Maybe.

None of this well correct the test driven instruction due to the school grading accountability system. It will not solve the funding problem for school operations, but it might reduce facility cost. Of course, less expensive facilities may also mean less space, quality, and a proliferation of small, inefficient and therefore costly schools. The problems associated with inequity due to housing patterns remain. Problems associated with teacher recruitment are not easily solved if salaries are not competitive and teachers’ expertise is not valued. Districts will have to have the expertise and ability to make good decisions. Nevertheless, it might be a step in the right direction.

There is a difference between the House and Senate versions of this concept. The Senate keeps these charter districts under school board control. The CRC proposal P93 is more like the one in the Senate version. Both bills include many other provisions that deserve careful scrutiny.

At least this year, the legislature is airing these proposals early and getting feedback. They are, however, still tying concepts worth considering to those more controversial and destructive all in the same bill.

Good News Bills to Improve Florida Education

Some legislators are truly focused on improving the management and oversight of Florida’s schools. Three cheers to each of them. Here’s a brief description of bills related to charters, capital outlay funding, ethics, early childhood education and community schools.

CHARTERS
SB 1690 Farmer. Requires principals and chief financial officers of charters to have valid third party certification. Given the importance of principals in schools’ success, it is important that principals have knowledge of educational issues, instructional strategies, operations, funding, and management. Top Priority Support

SB 1672 Farmer. This bill gives districts the discretion to share local discretionary capital outlay funding with charters rather than requiring districts to do so. It also requires charter financing companies to have at least an A- rating, and the right of eminent domain does not apply to charters.
These provisions are important. The discretionary capital outlay issue is part of the lawsuit over the local control of districts to operate public schools. Millions of dollars of local funding will now go to privately owned charter schools. Florida’s charter closure rate is the highest in the nation with at least 300 closed. The buildings are retained by the private owners.

Charter bond ratings are at risk because many have low initial payments at high interest and large balloon payments at the end.

HB 6047 Charter Schools Newton, Berman. Repeals certain capital outlay funding for lab schools. Deletes provisions stating charter schools are eligible for capital outlay funding and that Schools of Hope are considered charter schools and may not use capital outlay for purchasing facilities. Top Priority Support

ETHICS
SB 1750 Rodriguez. Ethics. Prohibits public officials from voting on bills that inure financial gain to themselves and related others. The legislature had changed the ethics rules to allow members to vote on bills on which they could benefit if they disclosed their interest and if the bill affected a ‘class’ e.g. a group of people rather than the legislator alone. Top Priority Support

EARLY CHILDHOOD
HB 1297 Brown. The bill strengthens early childhood programs by terminating those with repeated citations. High Priority Support

COMMUNITY SCHOOLS
HB 4331 Community Partnership Schools. This is an appropriations bill to support the University of Central Florida’s community partnership schools for $2,930,570. UCF is the partner with the Children’s Home Society community schools that bring wrap around services, after school programs, and parental education programs to public schools it sponsors in collaboration with local agencies and businesses. There are nine schools statewide that are being expanded to 17 public schools. Additional information to track this bill is located here.

Will Miami’s New KIPP Charter Be Different??

KIPP in Jacksonville has not been a success story to brag about. KIPP Jacksonville charters expanded, but the school grades fluctuate up and down. The KIPP national spokesman acknowledged problems there.

Superintendent Carvalho says the Miami KIPP will operate differently. For one thing, it will co locate within a district-run school, Poinciana Park elementary. It will pay $1 in rent. Therefore, KIPP will receive the same funding as traditional schools without the same facility costs. Improvements in the KIPP side of the school are supposed to benefit all students, but nothing in the lease agreement guarantees it. It’s a ‘verbal agreement’. Board members fear it will be a “stark symbol of inequity“.

Poinciana was an ‘F’ school in 2016. Now it is an ‘A’ school even though only about 25% of the students scored at the proficient level on the English FSA exam. So what is to be gained by adding KIPP to the school? In a way, KIPP will operate as a magnet school, but with its own management and instructional methods, within Poinciana. Parents can apply to have children attend.

Absent in the discussion are the consequences of the well documented ‘no nonsense’ strict behavioral and instructional strategies of KIPP schools. For example, studies of KIPP policies indicate that grade 5 attrition is higher than at feeder district schools even though it drops later on. Moreover, KIPP tends not to replace students who leave. When new students are admitted, they have higher achievement scores than those initially admitted.

The net effect is that KIPP schools have fewer free and reduced lunch students, fewer students with exceptionalities, and somewhat higher achievement scores simply because of the selection and attrition policies. Moreover, the attrition rate for KIPP fifth grade students is nearly twice than in district feeder schools, according to a Mathematica study.

The children who remain in KIPP are with others whose parents want them there and will tolerate the highly structured, test driven curriculum. The Atlanta school district reports that KIPP students are in school from 7:30 to 5pm weekdays and select Saturdays. They also have two weeks of instruction in the summer. They tend more often than similar students to start college, but they have trouble completing college.

What is the KIPP difference? Push kids hard, give them more time in schools, and test scores go up. So, will this new school within a school be like a magnet school for struggling children? Kids will be separated into those whose parents aspire for their children to go on to college and those who do not.

The State cannot or will not support additional instructional time for all students. The result is that these ‘no nonsense’ schools pay the cost of providing more instructional time for students by continuously hiring inexperienced teachers. They compensate by reducing teachers to be drill sergeants; it is a business strategy.

Additional resources come out of teacher salaries and benefits. Teachers leave at twice the rate as district schools, but the rigid KIPP instructional method trains new teachers over and over again.

Even if this military style disciplined approach to learning and teaching produces higher test scores for students who survive it, does it produce the creative, problem solving, self regulated people our society requires? Each of us must ask if this is the learning experience we want for our own children, or is it just something to do for ‘other kids’? There are better ideas out there, but are we willing to pay for them?

What are the societal costs when children face double segregation by race and income in their neighborhoods and then face additonal discrimination in their schools? It must be a world that says over and over No Access.

Judge Denies Injunction Against HB 7069

Palm Beach County requested an injunction against paying $9 million to its charter schools. Charter schools are almost always privately owned facilities which remain with the owner if schools are closed.

The district wanted to wait until its lawsuit was heard in court. The lawsuit against the HB 7069 provision that requires districts to share locally raised revenue from the 1.5 mill property tax they are allowed to assess for school facilities. The Florida constitution reserves the right to allocate this money to local districts. Circuit judge Shelfer denied the injunction, and the district will have a month to pay.

If the district eventually wins the lawsuit, the money likely will all be gone.

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.

NPE: Charter Management Exposed

The Network for Public Education summarized the dangers inherent in charter school practices that hurt children and communities. They give detailed examples. Here’s a quick list of problems and an important list of recommendations to manage the chaos that the choice system has created. Adherence to a free-market, no regulation philosophy is not necessary to have reasonable choices for children. Unregulated school choice is creating a monstrous problem with:

Charters that are not free public schools.
Charter students who need not attend school to graduate.
Charters for the wealthy..
Charters with secret profits
Seedy charters in storefronts.
Charters paying kids.
Religious charters.
Charters for political parties.
Charters faking achievement data.
Charters shedding students.
Shady charter business practices.
Charters that exacerbate segregation.
Charters that exclude students with disabilities.

WHAT SHOULD BE DONE. The NPE list of recommendations represent a growing consensus:

Impose a moratorium on charter expansion.
Ban for-profit charters and charter chains.

Make charter management companies’ accounting systems transparent.
Ensure students’ due process rights in admission and dismissals.
Ensure enrollments are representative of community demographics.
Require openly disclosed bidding processes.
Review property leases and bond issues for appropriate costs.
Revert ownership of closed charter facilities to districts.
Strengthen local district authorization and oversight of charters.

With little or no oversight, abuse is given free rein. Which is the greater evil, reasonable rules or exploiting students and families for personal gain?

Class Size Manipulation: Voters May Decide

Editorials decry the latest assault on the class size amendment. How large classes are matters to children. How many small classes there are matters to politicians. Small classes cost more money. When the class size amendment was first passed by voters in 2002, districts had to meet limits of 18 students in preschool through grade 3, 22 students in grades 4-8, and 25 students for high school core courses by 2010.

There’s a very revealing chart on the Florida DOE website about the real issue. Small classes mean more teachers and more classrooms. The funding list from 2002 shows no facilities funding after 2007-8. This was the same time that the legislature cut the local millage for property tax support for school facilities by 25%. Funding for class size dropped significantly. It has never caught up to the 2007-8 level.

Patricia Levesque, head of the Jeb Bush Foundation for Florida’s Future joined with another member of the Constitutional Revision Commission Roberto Martinez, to file yet another assault on class size. Levesque and the Bush foundation have long been champions of school choice.

This latest amendment legalizes the preference charter schools already enjoy. Individual core classes could be smaller or larger as long as the school average by grade group met the required limits. Charter schools already have this option. In 2013, the legislature allowed district managed magnet schools or other choice programs to average class sizes, but not other schools.

The implementation of the class size requirement has become too complicated and unfair. District managed schools have been struggling for years to meet class size limits, but funding levels just do not cover costs. Some districts preferred to pay fines for not meeting class sizes; it was less expensive than meeting the requirements.

The implementation of the class size requirement has become too complicated and unfair. The solution? The legislature cuts corners. The voters will have their say if this latest constitutional amendment is on the November 2018 ballot.

FTC Scholarship Program Under Review?

Today’s Sun Sentinel ran an article outlining needed improvements in the FTC program that provides tuition scholarships to private schools. There are about a billion dollars of corporate tax credits that the State of Florida diverts to this program. According the Sun Sentinel, a legislative committee is holding a hearing. Here’s why:

  1. Some school operators continue to receive scholarship money even though they have filed for bankruptcy.
  2. Eight schools hired staff with criminal records, and some people with criminal records start schools.
  3. Some schools falsify fire and health inspection records.
  4. Teachers without college degrees are employed.
  5. Students with disabilities are promised services that do not exist.
  6. Schools receive funding for students who are not enrolled.
  7. School facilities can be so substandard that they may be unsafe and in strip malls with unsavory neighbors.

The point of school choice is to limit regulation. Parents are supposed to ‘vote with their feet’ if a school is not what it seems. Unfortunately, these parents are in a ‘buyers beware’ market. Are there responsible, well-run private schools? Of course there are. Do parents know which are which?

Are rules and regulations only for schools with elected school boards and other charter and private schools are free to mismanage with few or no consequences? Who benefits in this system…children do not seem to. Districts are called bureaucratic as if standards and fairness in how they are implemented are the enemy. At the same time, however, the legislature heaps on more controls for public schools while they give more money and autonomy to private schools they support with public money.

There is just something fundamentally wrong with this divided educational system. There is a need to free our schools from so much top down management by the state while holding districts responsible for running schools well. What we don’t need is a system of extremes…no regulation vs. too much. There is one member of the Constitutional Revision Commission who is thinking along these lines. Watch for tomorrow’s post on district-run charter systems. It is the start of a better conversation.

Segregation: Is the federal government to blame?

Did the federal government end segregation of schools while at the same time promote segregation? How could this be?

In this Education Votes article, Sabrina Holcomb presents Rothstein’s arguments that federal housing policy created the current educational policy crisis. In ‘The Color of Law: A forgotten history of how our government segregated America’, Richard Rothstein is provocative. It is worth a minute to read the Education Votes summary. It focuses our attention on what needs to change to reduce the inequities that our schools are supposed to overcome.

It is clear that attempts to overcome the housing segregation that occurred due to federal housing loan policies dominate our school systems. School choice is one of the most dramatic examples. Charters that siphon off and divide minority neighborhoods are a direct result of trying to find an inexpensive alternative for families to ‘escape’ the low income, educationally disadvantaged schools that federal policy created. They are also a way for some higher income parents in other neighborhoods to maintain their advantage. The emphasis on magnet programs to fill under enrolled schools is also related. Wholesale tracking of students into advanced and gifted programs is another unintended consequence. So, what can be done?

You can’t pick up and move homes. Moving children around is sometimes so time consuming and expensive that it creates as many problems as it solves. Some localities are experimenting with incentives to promote more economically diverse housing options. Others suggest that schools must solve the inequities that communities produce. Online education advocates promote packaged instruction that does not create the student engaged, project based interdisciplinary instruction that motivates students. We do need some sort of learning networks, however. What could these be like both within and across schools and community partners? How can entire communities pull together to support a positive learning environment for all kids? How can real estate developers, local governments, education and social service systems work toward common goals?

Isn’t this what we should be talking about? The first learning network that comes to my mind is one where those communities that are working toward a collaborative vision can learn from one another. Hmmmm, the Integrative Communities blog. Know of one? Surely some exist in the city planning world.