Category Archives: State and Local government

Florida Pension Plan Shortfall

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There are rumblings that the 2020 Florida Legislature may revise funding for the Florida Pension Plan.   There is no question that the retirement system revenue has declined; it has not been 100% funded since the 2008 recession. The current rate is about 84% of the cost if all people retired at one time. Of course that is an unlikely scenario, but there are now more people vested in the system than are contributing to it. One million public employees participate in the system, about half are teachers and the others are local and state government employees. As retirees increase and new participants decrease, covering costs becomes more problematic.

While there is no immediate crisis, the problems cannot be ignored in the longer run. There are four basic reasons why the funding has declined:

  1. Expectations that the stock market will do well are not always met. Average earnings across years are about 1% below expectations.
  2. The state is not making sufficient employer contributions to the retirement system.
  3. How the state calculates the value of promised retirement benefits increases risk and makes real debt larger.
  4. The switch to 401(k) accounts in 2017 did not require sufficient contributions from employees and employers to cover costs. It may benefit new teachers who leave the profession but not the profession as a whole.

Pensions are not the problem..The real question as always is whether funding pensions is mostly a political, not a financial issue.  The National Association of State Retirement Administrators cited a report stating that an 80% funding level is the federal benchmark for financial stability of state pension systems.  Florida’s level exceeds that benchmark. Nevertheless, there is a political divide over providing pensions, and it is closely tied to those supporting school privatization.  Florida charters and private schools typically do not contribute to retirement systems, and the resulting high teacher turnover keeps salaries lower.   Thus, there is more money available for management companies in the private sector.   This is not a recipe for a high quality educational system.

This issue may have a strong impact on the growing teacher shortage. Pensions help retain teachers.  Kentucky’s teachers’ complaints about pension revision strategies were partially responsible for the recent defeat of their governor.  Yet, there are those who advocate replacing teachers with technology.  The motivations of those who attack the teaching profession whether they are political or financial in origin, need to be considered.

Florida Twenty Years Later: Social Impact of Privatization

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The fourth piece “Twenty Years Later: The SociaI Impact of Privatizaton” covers resegregation and the result of the ‘separate but equal’ philosophy governing school choice. Separate is not equal. You can read it here.

For your convenience, I have included the links to the first three articles below.

The third piece: “Twenty years later: Who Benefits, Not Schools!” covers the impact of choice policies on civil rights, funding, local vs. state control, and accountability. One might ask: Who benefits in a system that generates so much conflict? Politicians and profiteers, but not the public may well be the answer. Read it here.

Here is Part 2 of the series I did for Diane Ravitch on where the lack of common rules governing charter and private schools leads. The simple answer is profiteering, corruption and charter school closures.

The first post “Florida Twenty Years Later: Undermining Public Schools” covers the false assumptions behind the choice movement i.e. choice saves money and spurs innovation. What really has happened the last twenty years to school facilities, teachers, and the learning process that demonstrate Florida schools are nearing a crisis? You can read it here.

Amendment 8 Behind the Scenes: Political ideology, religion, dark money, billionaires, and of course, the money trail

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Florida’s 652 charters run the gamut from small ‘mom and pop’ charters to large chains organized by for-profit management companies. Some serve children and districts well. Many others tell different stories. They involve not only political ideology but also religion, dark money networks, billionaires, and of course, self-interest.

The Erika Donalds version of the charter story starts simply. A small group of members seceded from the Florida School Boards Association (FSBA) in 2015 to form the Florida Coalition of School Board Members (FCSBM). Erika Donalds, a member of the Collier County school board and wife of Florida Representative Byron Donalds, fronts this coalition, but the political network behind it is extensive. It goes all the way to our nation’s capital.
About 14 of the 50 alternative school board association members have been publicly identified, including:

• Rebecca Negron, who has just been defeated for a seat on the Martin County school board even though her supporters raised over $250,000 to unsuccessfully attack her opponent. She is the wife of Senate President Joe Negron. Senator Negron wrote the initial legislation for the Florida Tax Credit Scholarship program to give corporate taxes to private schools.
Some FCSBM members also have strong dark money ties to national conservative political advocacy groups.
• Erika Donalds openly displays the Americans for Prosperity logo on her Collier 912 Freedom Council website. This is a tea party group supported by the Koch brothers and others.
• In the March 29, 2018 article in the Tampa Bay Times, Speaker of the Florida House Richard Corcoran’s wife Ann, who operates her own charter school, is identified.
• Shawn Frost, who is Chair of the Indian River school board, is part of this coalition. He announced in the Indian River Guardian that he expects to be appointed to the Florida State Board of Education. Frost reported campaign contributions from Betsy DeVos, the U.S. Secretary of the Department of Education. In 2014, Frost received $20,000 in campaign contributions from the American Federation of Children run by Betsy DeVos. Frost lives in Vero Beach, but maintains a room in his father’s house in Indian River to meet the residence requirements for being on the school board. He is also the head of MVP Strategy and Policy which specializes in consulting for school board races.
• A Duval School Board member Scott Shine has reportedly joined the FCSBM. He withdrew from his 2018 reelection campaign due to ‘personal attacks’.
• Sarasota school board members Erik Robinson, a former Republican Party Chairman and Bridgit Ziegler are listed members. Ziegler’s campaign reported $45,000 in donations from the out of state Phoenix Media LLC. According to the Herald Tribune, the money was funneled through a PAC run by fellow board member Erik Robinson, who is often called ‘The Prince of Dark Money’.

Some FCSBM members are collaborating to build a Florida chain of Classical Academy Charters. This isn’t just any group of charter schools. They are sponsored by the Hillsdale College Barney Charter School Initiative. The College, located in Michigan, has a long religious/conservative/libertarian agenda. The DeVos immediate family and close business associates have several Hillsdale graduates. The Barney (SmithBarney) and Stanton Foundations fund the initiative. There are 17 of these charters nationwide. In Florida, there are four: Mason in Naples, Pineapple Cove in Palm Bay, St. Johns in Fleming Island, and the newly formed Pineapple Cove in West Melbourne. Donalds and her husband have been active with the Mason Classical Academy in Collier County. Donalds is currently seeking to add a Classical Academy in Martin County where Rebecca Negron was running for school board.
Erika Donalds has more than running a charter school on her mind. She was appointed by the governor to the Florida Constitutional Revision Commission (CRC) which is convened every twenty years to consider proposals to amend the constitution. Donalds is a strategist to divide the Florida public schools into two separate systems, one for ‘independent schools’ and one for public schools established by locally elected school boards. Essentially, it would allow one system for charters and private schools receiving tax credit scholarships and one for traditional public schools.

This year the CRC was plagued with ‘log rolling’. It is a technique to bundle dissimilar proposals into one law. There is a spate of these ‘logs’ projected to be on the November ballot. Multiple lawsuits have been filed against them, and the Florida Supreme Court ruled that the League of Women Voters was correct in its opposition to at least one. This proposed Amendment 8 to the Florida constitution must be withdrawn from the November ballot. How this amendment came to be is a story in itself.

Amendment 8 combines three separate proposals: school board term limits, civics literacy and a clause stating that school boards are only responsible for schools they create. This third proposal is the heart of the amendment. The title for the amendment, however, is: “School Board Term Limits and Duties; Public Schools”. Voters might be in favor of one part of the combined proposals but opposed to another. It was a ‘take it or leave it’ strategy. The wording, even the title was intended to confuse voters. Term limits and civics education may seem innocuous, but they are not.

Erika Donalds is also the Florida sponsor for the US Term Limits organization. This group has a well-documented conservative political agenda that targets school boards to create more opportunities to influence policy. The Koch brothers founded the US Term Limits group. The civics course requirement proposed by CRC member Gaetz, the former President of the Florida Senate, made no sense. Civics was already required by the Florida Department of Education. Former Governor Bob Graham, long a champion of civics education, stated that not only is Amendment 8 a hodge podge, it is not even good for civics education. The CATO Institute has a major focus on civics education and provides free civics material to k12 schools. Its message is clear. According to the Huffington Post, the CATO group states: “The minimum wage hurts workers and slows economic growth. Low taxes and less regulation allow people to prosper. Government assistance harms the poor. Government, in short, is the enemy of liberty”.

The third component of Amendment 8 was to remove local school board control over the authorization of new charter schools. This too represented the national move to privatize our schools by creating charters and funding vouchers to private schools. In the proposed Amendment 8, however, the schools were called ‘independent’, not charter schools. Florida Commissioner of Education Pam Stewart stated that removing local school board control over the establishment of charter schools goes too far. CRC member Patricia Levesque, CEO of Jeb Bush’s education foundation however, supported the amendment as did Marva Johnson, the President of the State Board of Education.

Erika Donalds formed a Political Action Committee called ‘8 is Great’ to sway voters to support Amendment 8. According to the Vero Communique, Howard Rich, a wealthy New York real estate investor, invested $100,000 in the ‘8 is Great’ PAC. Rich serves on the Board of the CATO institute which was founded by the Koch brothers. David Koch ran for Vice President of the U.S. in 1980 on a platform opposing social security, the FBI, the CIA and pubic schools. The billionaire Koch brothers have a long and intensive interest in promoting school choice through their Americans for Prosperity organization. They are concentrating on Florida, Arizona, Colorado, Nevada, North Carolina, Ohio, Pennsylvania, Texas, Virginia and Wisconsin. Their presence takes many forms. Watch for everything from donations to school board races, charter and voucher expansion efforts and state election campaigns. John Kirtley, the founder of Step Up for Children was a major donor. Step Up is the agency that administers a billion dollars for the Florida Corporate Tax Credit Scholarships for private schools. Indian River School Board member Shawn Frost and Duval School Board member Scott Shine have joined the PAC according to the Tampa Bay Times.

Recognizing that term limits and civics education are popular among many voters, former Supreme Court Chief Justice Wells submitted a brief to the Florida League of Women Voters in which he stated: “This change from local county school board control…is hidden by packaging the change with what are thought to be attractive proposals for term limits and civics education.” These schools were planned to be charter schools but the word ‘independent’ was substituted for the word ‘charter’.

There is a watchdog coalition of about 20 public interest groups, headed by the League, to follow and evaluate CRC proposed amendments. Amendment 8 was identified early by the coalition as part of a package of amendments intended to seize local control from city and county governments. The League of Women Voters and the Southern Poverty Law Center joined forces to file a lawsuit against Amendment 8 asking that Amendment 8 be removed from the November ballot. The suit claimed that the amendment was deliberately vague and intended to confuse the public. The circuit court in Tallahassee agreed. The State filed an appeal.

The Appellate Court immediately referred the case to the Florida Supreme Court saying, “The case involves a question of great public importance and requires immediate resolution by the Supreme Court”. The vagueness of the amendment language and its misleading title: “School Board Term Limits and Duties; Public Schools” was the basis for the justices’ 4 to 3 ruling. The decision puts a roadblock in the effort to create an alternative charter school system. Some legislators will no doubt continue to push proposals to remove any local school board control of charter schools. In reality, local public schools have very limited responsibility to oversee charters, but they and the local press can shine a spotlight on what is at stake.

After sixteen years of choice, it is clear that choice divides communities, segregates children, and dissipates funding without making any appreciable improvement in student achievement. The Supreme Court has another case before it now ‘Citizens for Strong Schools’ that contends that Florida’s choice policy has failed to support the quality education for all children that the Florida constitution requires. The hearing is set. The future of our public school system will depend on the ruling from the bench.

The BIG Questions: What Choice Really Means

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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.

Splinters in Florida School Boards Have Sharp Points

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This is not just a Florida charter school story. It is one about local politicians, religion, dark money networks, billionaires, and of course, the money trail. It starts simply. Two small splinter groups have formed from the Florida School Boards Association (FSBA). I was curious to see who was behind these groups and why. The political network itself is instructive. The implications for the CRC amendments to the Florida Constitution are part of this picture as well as bills filed in the Florida legislature. Then, the story leads to our nations’ capital.

FSBA has been a force for over 80 years. Its elected members represent the interest of local districts and their children. When they speak, they speak for local communities, but sometimes the legislature does not like what it hears. The FSBA participated in a lawsuit against the Florida Tax Credit Scholarship program. In retaliation, some speculate that the legislature passed a law to allow individual school board members to pay dues to another newly formed association.

A small group of members seceded from the FSBA in 2015 to form the Florida Coalition of School Board Members (FCSBM). There appears to be a financial collaboration among some members to build a Florida chain of Classical Academy Charter Schools. Some members also have strong dark money ties to national conservative political advocacy groups. About 14 of the 50 members have been identified, including Rebecca Negron, Martin County. She is the wife of Senator Joe Negron. Senator Negron wrote the initial legislation for the Florida Tax Credit Scholarship program.

Those school board members for whom outside funding connections are identified are in bold letters.

• Kelly Lichter and Erika Donalds, Collier County, are founders of Mason Classical Academy Charter school. Mason has had a troubled history including a DCF investigation according to the Naples Daily News. Lichter is reported in Collier County School Board Watch as starting a charter school consulting firm. Naples News reports a recording re her ties to Hilldale College. Donalds has filed for a new firm, the Alpha Classical Academy.

• Shawn Frost, Indian River County, is a founding member of FCSBM and has additional ties to Erika Donalds through the Classical Charter Schools. Also, in 2014 Frost received $20,000 campaign contributions from American Federation of Children run by Betsy DeVos. He unseated the FSBA president. https://www.bizapedia.com/people/shawn-frost.html One of these is listed as the Indian River County Leasing Corporation. He is associated with at least 13 businesses, several inactive, and resides in Vero Beach. He maintains a room at his father’s home to establish residence in Indian River.

In addition, the Alpha Classical Academy is registered at 3340 Se Federal Highway #303 Stuart, Florida along with 39 other companies with the same address. It is not clear what the association among these companies may be. Linda Daniels and Shawn Frost are listed as of December 2017 as Directors and Erika Donalds as the Chair of the Alpha Classical Academy.

Classical Academies are sponsored by the Hillsdale College Barney Charter School Initiative. The College is located in Michigan and has a long religious/conservative/libertarian tradition. The DeVos immediate family and close business associates have several Hillsdale graduates. The Barney (SmithBarney) and Stanton Foundation fund the initiative. According to Salon, the brothers are also contributors. There are 17 charters nationwide. In Florida, there are four: Mason in Naples, Pineapple Cove in Palm Bay, St. Johns in Fleming Island, and newly formed Pineapple Cove in West Melbourne. Alpha is not listed as a charter but as a non profit organization.

Erika Donalds, wife of Representative Byron Donalds displays the Koch brothers supported Americans for Prosperity logo on her Collier 912 Freedom Council website. This is a tea party group. Erika Donalds is on the Constitutional Revision Commission where she filed, among others, the amendment to have term limits for school boards. She is the Florida sponsor of the U.S. Term Limits group.

• Erik Robinson and Bridget Ziegler, Sarasota County have an extensive funding network. Robinson has 50 Political Action Committees to fund the conservative political agenda all across the state. Here are two comprehensive funding and campaign contribution lists reported by the Sarasota Phoenix:
Part I: The Jacksonville Sarasota Connection:
Part II: How Robinson Funnels Pac Money:
Additional articles appeared in the Herald Tribune in 2016 which delineates the names of contributors and the political races they have targeted.
Robinson and Dark Money

Erik Robinson Beyond Dark Money

The money trail is extensive and no doubt needs to be updated. It is not clear whether any of other FCSBM members identified below have a connection to the Classical Charters or dark money. More work needs to be done.

Additional FCSBM members include:

• Tina Descovich and Matthew Susin, Brevard County. Descovich was a parent volunteer at Indialantic school and a writing coach at Viera Charter. She organized OPT OUT Brevard. In 2016, Susin joined three others to form the National Alliance for Innovation in Science, Technology, Engineering and Mathematics. It is a K12 instructional materials company. His Facebook page lists him as a former history teacher and currently as a marketing agent for an insurance company.

• Amy Lockhart, Seminole County has filed to run for the County Commission in 2018.
• Jeff Bergosh, Escambia was a former school board member and elected to the County Commission in 2016.
• Nancy Stacy, Marion County was the only vote for a CSUSA proposal for Marion County in 2017. She is listed as the owner of City Slickers Ranch.

A third School Board Association called the Florida Conservative School Board (FCSBMA) has now been formed by Escambia School Board member, Kevin Adams. He was appointed to fill Jeff Bergosh’s seat and is seeking a full term in 2018. The FCSBMA web page mission statement supports local control of schools, public education and school choice. Its policy to have all public education follow the same state statutes and regulations with oversight by elected school boards differs from many choice groups. The adherence to conservative principles is not clarified, but there is no obvious preference for charter schools.

There may be more to this story.

Quick fix solutions are merely demons in disguise

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Do term limits get rid of a bureaucratic establishment and allow new people with great ideas to enter the scene? This is the argument put forth by CRC member Erika Donalds from Collier County’s school board. Her proposal to limit school board members to two terms passed the CRC education panel yesterday. She also argued for appointed superintendents. This is a term limit too in a sense. Appointed superintendents tend to last about three years and move on. An account of the arguments was reported by the News Service today. It made me go searching for an answer to the question: What really happens to the legislative process when term limits are introduced. The answer? Power shifts to consultants who wave the possibilities for future jobs at legislators.

I found a story about how power shifts told by a promoter of term limits, Gina Loudon, who had a front row seat in its impact. Here are her observations:

  1. Absolute power does not dissipate, it transfers…not to the young legislators but to those not elected i.e. the staff, consultants, and lobbyists.
  2. Knowledge is power. Knowledge of the political process is critical for effective legislating. Term limits eradicate that knowledge.
  3. Freshmen legislators now trade their votes for jobs they were promised when they were elected.
  4. Leadership in the legislature is controlled by lobbyists. Even individual staff members may be assigned to legislators by the leadership. Legislators spend their time jockeying for positions not on advocating for their constituents. Legislators are smart; they know where their bread is buttered.

The corruption is now more insidious, greedier, and more controlling, and there is nothing the voters can do about it. She says “You can’t defeat lobbyists, consultants and staffers in an election”. The answer to political corruption is not term limits. The answer is voter involvement. She concludes that citizen engagement matters more now than ever in American history.

How will this play out at the local school board level? Take a look at Los Angeles where pro charter forces banded together to promote candidates favorable to privatization. There’s a lot of money connected to education, and privatizers want access to it. School board races set a record for expenditures. The three candidates raised over $2 million and outside money reached $14.3 million.

The adversaries were The California Charter School Association Advocates and the Los Angeles teacher’s union. We know who the teachers are. Who backs the CCSAA is not so clear, but one investigator uncovered large donations from Doris Fisher of The Gap, Alice Walton from Walmart, Lauren Jobs from Apple, and Michael Bloomberg from Wall Street. Should they be controlling Los Angeles school board races?

We the voters will decide in November 2018 which amendments to the Florida constitution will pass. Remember that term limits, however appealing on the surface, shifts power from the voters to the corporate sector where money is king and the voters lose.

CRC Education Amendments ATTACK K12 Public Schools

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The Constitutional Revision Commission members are filing amendments to the Florida Constitution. Four general categories include:

Remove local control of school boards CRC Member Erika Donalds, a pro choice Collier County School Board member, would remove these local options that districts now have by:
1. P43: Requiring term limits for school board members
2. P33: Requiring appointed superintendents
3. P32: Preventing salaries for local and state school board members

Privatization of Public Schools
1. P45 Donalds: Cannot limit the legislature from providing other educational services in addition to the system of free public schools

Remove restriction on Separation of Church and State
1. P59 Johnson: Article IX Section I that prohibits state funds for religious schools would be amended to eliminate restrictions on public funding for educational services at religious entities.
2. P4 Martinez: This ‘Declaration of Rights’ amendment removes prohibition in Article I Section 3 on funding for church, sect, religious denomination or sectarian institution

Expand Charter Schools
P.71 Donalds: Charter Schools Authorization. The amendment gives the legislature free rein to increase or otherwise change current authorization of charter schools to other entities than school districts, municipalities, businesses, colleges/universities

School Operation
P. 10 Gaetz: Require Civics literacy
P. 82 Heuchan: Require schools cannot open before seven days before Labor Day.

State University System
P. 25 Plymale: Establish Community College System
P. 44 Washington: Require minimum vote threshold for tuition and fee increases.
P. 70 Keiser: Tuition and fee waivers for certain members of the military and/or spouse and children
P. 60 Johnson: Bright Futures scholarship and Public Student Assistance Grant funding mandates and qualifications
P. 57 and P. 49, P. 16 Kruppenbacher and Gainey: Death benefits for survivors of first responders etc. that equal tuition and fee costs for post secondary education.

I will provide an analysis of the implications of the PK12 amendments in the weeks ahead.

Tampa Bay Times Editorial Says It All

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Take a look at this editorial. It cites HB 7069 as ‘gross audaciousness’ by the legislature. Heading the list are the provisions to expand charter schools, ‘religious liberty provision’, text book review, and most of all: USURPING LOCAL CONTROL OF OUR SCHOOLS.

Memorize these talking points. Say them loudly and often. Take back our schools.

http://www.tampabay.com/opinion/editorials/editorial-floridas-micromanaging-of-public-schools/2330479