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Feds Slap Florida DOE Wrist
Remember Florida’s exceptions to the Every Student Succeeds Act (ESSA)? They were denied by the U.S. Department of Education. Florida must respond to correct omissions to its ESSA plan. Florida exempted:
- Certain 8th grade students taking more advanced math courses would be exempt from the 8th grade FSA.
- FSA exams would not be available in languages other than English.
- School grades calculations by each demographic group; they would include gains by lowest 25th percentile instead.
- Baseline data to measure achievement gains and graduation rates by demographic groups are missing.
- FSA passing level is indicated by a score of ‘3’, but this is not defined as grade level achievement. Thus, there is no rational for raising or lowering a passing level.
- ESSA requires states to report progress on English Language Proficiency. Florida only reports scores for students enrolled in ESOL classes, not for all second language learners.
Several of these omissions were intended to reduce double testing e.g. 8th grade mathematics where students may be required to take the FSA and an End of Course exam. In some cases, such as measuring achievement gains for particular groups, the omissions may have stemmed from attempts to reduce the data processing load. Measuring gains by particular groups requires careful analysis and baseline measures.
These are valid concerns. If the nation is going to measure progress, all states should follow the same rules. What is even more important, however, is whether all of this testing and reporting is necessary and productive every year. Any parent who marks his child’s height on the wall each year sees that some years kids grow more than others.
What happens over time is what matters. Force feeding facts to giant data sets every year doesn’t change growth rates. Some companies may get fat, but the kids starve for the lack of real world learning.
Eva is Scary!
The latest article in the Atlantic depicts the ruthless character of the Success Academy charter founder, Eva Moskowitz and the Chair of the Success Academy board, billionaire Daniel Loeb. It is, however, more than a diatribe. Elizabeth Green, of Chalkbeat, describes the frustration with unions and bureaucratic tangles that led to Moskowitz’s charter chain. Green also outlines the future, perhaps not too distant, of the charter movement. Must give us pause.
Moskowitz decried union bonus rules that encouraged custodians to cut maintenance costs in order to save money for bonuses. The result, she alleges, was unhealthy, non private bathrooms. Teachers, Moskowitz claims, are hamstrung by conflicting regulations from the federal, state and local levels. Charters, free from all of these regulations, are free to concentrate on instruction.
Instruction, as Green documents, is not free from regulation in Moskowitz’s charters. Instead it is scripted and rigidly enforced by the charter chain. It is a sort of mind control for students and teachers. As a result, student and teacher attrition is very high. There is no apology. Success charters, in general, target lower income students. Then they sift out the students and teachers who cannot manage the ‘no excuses’ discipline. By the time students graduate, most have left long before. Those who survive do well on test scores. Publicity from those successes keep parents coming. Winning the lottery is compelling but by winning, most students have a hollow victory.
The future direction of the charter movement is toward charter networks like the 46 charters Moskowitz runs. Parents would choose between one or more charter chains and what remains of traditional public schools. Each chain would have its own philosophy and management style. Parents won’t really choose, they will enter into a lottery and take what they can get. Given that the private sector sets its own rules; parents either like the option or leave. Then what?
The best situation would be a weighted lottery that would attempt to balance racial/ethnic and economic groups within a school. The worst might result in schools that totally isolate all demographic and ability groups.
Green does not just imagine the spread of charter chains and districts. Florida has two of the largest for-profit charter chains in the U.S., Academica and CSUSA. Proposals to amend the Florida constitution to facilitate charter districts have been filed by CRC members Donalds and Martinez.
It will be up to Florida’s voters to decide how scary Florida’s educational system will be.
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.
Judge Supports HB 7069 Legal Challenge
Circuit Judge Shelfer declined to dismiss the Palm Beach school board lawsuit against HB 7069. This suit targeted the provision that requires districts to share locally derived facility funding with privately owned charter schools. The Florida constitution reserves the right to allocate local millage for facilities to district school boards. The complaint will be heard in court. Millions of dollars in tax revenue that would go to charter schools are at stake. Palm Beach alone would lose over $230 million dollars from its capital budget. The district also loses its constitutional right to control and supervise the use of these funds, most of which go to for-profit charter schools.
A second broader challenge to HB 7069 has yet to be heard.
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