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.

DeSantis Announces New Voucher Program

Governor DeSantis plans to fund vouchers to private schools from the state treasury for about 14,000 students. Vouchers paid from public funds were declared unconstitutional by the Florida Supreme Court, but DeSantis believes the new appointees to the Court will support vouchers. How vouchers can be legal when the constitution specifically says they are not is worrisome. Granted the MacKay and Gardiner scholarships for students with disabilities have not been challenged in court. Is the Governor planning to redefine disabilities?  Will he fund personal learning accounts and claim the money goes to parents not private schools?  Getting around the law has become a habit.

Florida saves about $500 per student for those who enroll in private schools. It is a nice tuition support program for children already enrolled. It is a sham for children who attend private schools with unqualified teachers. The latest Brookings study, Are Low-Quality Private Schools on the Rise in Florida? underscores the issue. Private schools are becoming more racially and economically segregated, and their students have poor achievement gain.

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.

Making Sense of the Session to Come

Ideas are swirling around. It sounds a lot like guns for money. Diaz wants guns in schools. Districts want to fix holes in buildings. The governor wants bonuses for teachers. Many want an escape hatch from Jeb Bush’s A + Plan that supported Common Core. I wonder about that. It will not change the testing mania simply because the federal government requires annual testing. It will create more havoc to change once again. I did a count of all the curriculum changes in the last twenty years. It is unbelievable. How teachers are supposed to know what and how to teach and students are to know what is important from one year to the next is a mystery to me.

I did another check on the Bush A+ Plan with which our legislature is enamored. When competition among teachers and schools for bonuses don’t work to raise achievement, it is a problem for the legislature. Did you realize that now that the legislature knows that students are graduating from high school and need remediation in community colleges that the legislature changed the law? Remediation is no longer required. Simple fix that?

This year’s simple fix to Florida’s relatively low graduation rate is to reduce the number of credits required. Some students may be redirected to vocational/trade certification programs that require fewer credits. Actually, many of those certification programs are quite rigorous. So, it is worth considering alternatives if they are not dumbed down. Instead students need a lift up, but that does cost money.

The discussion comes down to the usual smoke and mirrors. The governor would move the bonuses into a different pot of money…the per student allocation schools have to operate. It would look like schools were getting more money. The House does not want even the appearance of a tax increase, so schools will not get the benefit of the increase in property values. But, those holes in the buildings leak. Something must be done.

From what I hear, it will be a tradeoff…guns for money with some whispers about a little religion thrown in by extending the personal learning accounts for private schools. Remember that about 83% of the children attending private schools on tax credit scholarships are going to small, poorly staffed religious schools.
Those schools are getting more economically and racially segregated. Children do not learn well in those settings, and hiding that fact in private schools is unfair to children and their families.

What a world!

Assault on Separation of Church and State

An organized group of ultra conservative legislators have filed a bill to teach religion in schools. The group called ‘Florida Citizens Alliance’ does not like climate change either. FCA is a group Erika Donalds and her husband, who is in the legislature, have formed with support from others like former Senator Joe Negron’s wife Rebecca and Richard Corcoran’s wife Anne. The group is the same coalition of politicians and wealthy donors who unsuccessfully pushed Amendment 8 to create a separate charter ‘independent’ school system. Last year they got a bill passed to enable citizens to review textbooks for content they oppose.

Bill 330 by Senator Baxley from Ocala requires the Florida Curriculum Standards be revised to be minimum standards. Additional standards could be added to them. This revision is to add controversial science and economic theories to the curriculum. A similar bill was filed last year but did not pass.

What is really at stake is Florida’s Blaine Amendment in the constitution. It specifically addresses the issue of teaching a religion, not just teaching about religion. This becomes a blurry line in practice. Senator Baxley’s bill would require that schools teach about controversial topics. It is one of those tactics to infiltrate policy that keeps such topics separate from school curricula.

For a legal analysis of the Blaine amendment, see the explanation in the Stetson Law Review. I would expect the legislature to consider an amendment to the Florida constitution to overturn the Blaine amendment. Keep watching.

Governor Scott, No DeSantis, abolishes Common Core WHAT?

I just thought you might get a smile from this newspaper article I love the headline: Governor Scott: ‘Common Core Out in Florida’ Back in 2014, Governor Scott signed HB 7031 which banned all mention of Common Core in Florida law. Now, Governor DeSantis is banning it again?

Granted most of those original Common Core standards were just renamed back in 2014. There were some changes in primary grades and math. So, did Governor DeSantis ban the FSA testing this spring? Those tests are based on the FSA (read Common Core) standards. The federal government says we have to test. Bit of a pickle this! Must we endure this constant political interference in educating our children?

Too Good to Pass Up

As many of you know, I am immersed in writing a report on Florida’s A + Plan for school reform. Today, I found a great quote about Florida that I had to share. It could not have come at a better time. I have just started the section on Florida’s cronyism and weak ethics laws. Here’s the quote:

Florida suits him because “it was a sunny place for shady people”. (Roger Stone, recently indicted by the Mueller investigation as reported in the New York Times article: Stone Cold Loser.) January 27, 2019

Sometimes sad things are down right funny! Life is full of contradictions. Enough philosophy, I am back to work.

Catch up on Florida Tax Credit Vouchers

Much of what has been happening with these tax credit vouchers has been under the radar. I took a peek, and here is what has happened lately. The cost keeps going up, but are corporations getting fed up?

Changes in the FTC program funding are reflected in the automatic increase in the cap for corporate donations, the expansion in eligible funding sources, changes in family income eligibility guidelines, and the increase in percentage of the per student allocations for public schools allowed for private school scholarships.

Most years, excluding 2016-17, the Florida Tax Credit scholarship program saw a 10,000 student increase in participation. In 2016, the enrollment doubled from the previous year due to legislative changes in eligibility. In 2018-19, however, enrollment dropped by 10,000 due to a decline in corporate donations.

• In 2016-17, the income qualifications based on a family of four were raised to 185% -260% of poverty level or from about $44,123 to approximately $62,000 per year. The proportional amount of the full scholarships are reduced for middle income families.

• FTC scholarships are funded from corporate tax rebates up to a designated funding cap. The program funding sources were expanded to include credits against insurance premium tax for contributions to eligible non-profit SFOs, severance taxes on oil and gas production, sales tax liabilities of direct pay permit holders, and alcoholic beverages taxes.

• There is a 25% automatic increase in the cap as long as enrollment exceeds 90% of the cap.

• The amount of the scholarship was originally set at 72% of the FEFP per student funding for public schools, but an automatic increase was provided up to 82% of FEFP in 2016-17. In 2017, the FEFP percentage was again increased from 82%, depending upon grade level, to 88-96%. The maximum award in 2017-18 was $5,886. Step Up has reported a 10,000 student decrease in 2018-19 FTC enrollment due to a decline in corporate donations.

• In 2017-18, Step Up distributed $689 million of the dollars to 108,000 students in over 1700 private, mostly religious schools. These donations were about 10% below the allowable cap. This year, corporate pledges are $687 million. The largest corporate donors to the FTC scholarships are the beverage industry and United Health Care.

• Tax Credit Scholarship Expansion. Given the projected decrease in corporate funding, the legislature turned to donations from sales taxes for new cars to expand the FTC program. These are called Hope Scholarships and were implemented in 2018-19. The maximum scholarship award for a student ranges from $6519 to $7111 for those whose family income is no more than double the federal poverty level. There were 66 participating students in fall of 2018.

References.
http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/ftc/ftc-faqs.stml
https://www.flsenate.gov/Session/Bill/2017/1314/Analyses/
2017s01314.pre.ed.PDF
https://www.tampabay.com/article/20180815/ARTICLE/308159799

Florida Tax Credit Scholarship enrollment drops

Click to access 14-fsba-issue-brief-on-ftc.pdf

Florida – Hope Scholarship Program

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?