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Guest Opinion: With strong laws, charter schools can deliver the promise of an excellent education

By Kara Kerwin
AL.com
March 4, 2015

Alabama is considering legislation that could change children’s lives.

Implementing a charter school law would allow innovative schools to open that could meet children’s unique learning needs, setting them on a trajectory for success.

But the ability of charter schools to truly influence student outcomes depends heavily on the quality of the law.

The good news? The first charter school law was passed in Minnesota in 1991, and today, all but eight states have charter school laws on the books. This means over two decades of understanding how policies play out on the ground, giving Alabama the opportunity to adopt a charter school law based on what works when it comes to giving MORE choices to MORE students.

The bad news? The legislation currently proposed is far too restrictive. Putting a limit on the number of charter schools allowed, as well as the organizations that run them, ultimately limits opportunities for ALL children to find an educational environment that will help them thrive.

Alabama cannot afford to deny access to education opportunities when just 20 percent of its eighth graders are proficient in math and 25 percent are proficient in reading according to the Nation’s Report Card.

Yet, despite the growing popularity of charter schools, many still don’t understand exactly what they are.

Charter schools are public schools that are open by choice to parents. They’re accountable for results, and free from many burdensome rules and regulations that hinder teachers and administrators from doing whatever it takes to deliver an excellent education for every child.

Charter schools are not private schools, and they do not take resources away from traditional public schools. Like district public schools, charters are funded according to enrollment, receiving money from the district and the state according to the number of students attending.

The proposal on the table in Montgomery is problematic in a number of ways. One such limitation is that it restricts would-be charter schools from contracting with proven providers to help run and manage schools.

The reality is for-profit entities are already integrated into our traditional public schools (textbooks anyone?), and can in fact bring business acumen and resources necessary to help run public charter schools. These organizations are in the business of ensuring charter schools are run to best meet student needs. If not, the schools close.

Strong charter laws feature independent, multiple authorizers, few limits on who can open a school and school expansion, and high levels of educator autonomy. Strong laws mean strong schools, and more of them.

States with charter school laws graded “A” or “B” on The Center for Education Reform’s charter law rankings saw 322 more charter school campuses than states with laws rated “D” or “F.” That translates into nearly 1.3 million children benefitting from a learning environment that better meets their needs thanks to strong laws.

In “A” rated Washington, D.C., over 40 percent of students are enrolled in public charter schools. For nine straight years, D.C. charter students have exceeded state test averages.

But charter schools don’t just improve achievement for those who attend. They create a positive ripple effect on neighboring public schools. Case in point: 2014 was the first year that more than half of D.C. district school students scored proficient in math. In “A” rated Arizona, a Harvard University study found that public schools neighboring charter schools had increases in math achievement of more than three times that of schools with no charter schools in their communities.

In short, charter schools work, and they work even better when there are strong laws. These schools of choice are an invaluable asset to a public education system that is slow to embrace innovation despite an ever-changing and increasingly global world.

The single most important benefit of charter schools is that they put power in the hands of those who know what’s best for a child’s individual learning needs – parents.

On Jan. 28, thousands of Alabamans rallied in Montgomery to support more choices for parents when it comes to their children’s education. It’s time to give Alabama parents the ability to choose a charter school, just as nearly three million students have been able to do nationwide.

Charter school advocates howling mad over Wolf’s budget

By Evan Grossman
Watchdog.org
March 4, 2015

Pennsylvania Gov. Tom Wolf is out to destroy charter schools, and his budget provides evidence, school choice advocates say.

“What the governor proposed,” said Tim Eller, executive director of the Keystone Alliance for Public Charter Schools, “is a budget that would effectively shut down charter schools across Pennsylvania.”

On Tuesday, Wolf presented a budget that restores more than $1 billion in public education funding, including $160 million in support for Philadelphia schools. The infusion of cash would effectively close the district’s $80 million deficit.

But included in Wolf’s soaring spending plan are policies that would cut funding to online cyber charter schools and seize the reserves built by brick-and-mortar charters.

James Paul is a senior education policy analyst at the Commonwealth Foundation, which supports school choice. He said Wolf setting the regular education tuition rate for cybers at $5,950, about a third of where it stands now, is “not based in reality,” and singling out the schools “seems punitive and unfair.”

The budget requires all charter schools to refund money to the individual school districts if the audited expenditures for a respective charter school are less than its tuition revenue.

“Curtailing a charter school’s ability to maintain fund balances threatens the future existence of public charter schools across the state,” Eller said.

Wolf calls for a fair funding formula for all Pennsylvania public schools later this year,which charter supporters and opponents support. But his budget stops short of enacting other school reforms that groups such as the Pennsylvania Campaign for Achievement Now, which recommended $3 billion in additional education spending last week, have called for. These include eliminating seniority as the sole factor in determining teacher layoffs, expanding the network of charter authorizers and providing tools to intervene in failing schools.

“The lack of budgetary support for charter schools is disappointing but not surprising given Wolf’s misguided refusal to back new charter applications for Philadelphia students,” said Alison Zgainer, executive VP of the Center for Education Reform.

Reformers say thousands of students are on waiting lists to get into one of Philadelphia’s 86 charter schools. Last month, the School Reform Commission, which controls the district, voted to add five more schools for the first time in seven years. Charter supporters were disappointed additional applicants weren’t approved — rejected applicants can appeal to the Charter School Appeal Board — while school choice opponents felt that five were too many.

Eller, a former state Department of Education spokesman, said Wolf is beholden to teachers unions that helped to elect him, and the budget Wolf proposed this week caters to “union members.”

Teachers unions, which are ideologically opposed to charter schools, contributed more than $1.5 million to Wolf’s campaign last year, helping him become the first gubernatorial challenger in more than 40 years to oust an incumbent.

Earlier this week, Wolf sacked Bill Green as chair of the SRC and replaced him with commissioner Marjorie Neff, a former principal and union favorite who gained popularity when she denied all 39 charters the SRC reviewed last month. Green’s demotion was chalked up as payback for the charters approved under his watch.

“I think the governor was very direct … that he did not want any more charter schools approved,” Sen. Vincent Hughes, D-Philadelphia, said of the move.

Green, appointed to the position by Republican Gov. Tom Corbett last year, said he is going to fight the demotion in court, arguing that Wolf has no legal basis to strip him of the job.

“It’s a shame Governor Wolf is choosing to play politics at a time when nearly 30,000 Philadelphia students on charter school wait lists remain without education options,” Zgainer said.

NEWSWIRE: March 3, 2015

Vol. 17, No. 9

POLICIES MATTER. Even after seemingly doing his bidding by only approving five – yes, just five – out of 39 charter school applications, Pennsylvania Governor Tom Wolf removed the School Reform Commission (SRC) Chairman in Philadelphia. Clearly that was five too many in Wolf’s eyes, but to the nearly 30,000 Philly students on charter school wait lists, it’s not nearly enough. Anti-reform governors like Wolf could learn a thing or two from reform-minded colleagues elected across the country in 2014. But even so, it is strong policies like multiple charter school authorizers that will ensure children’s futures don’t rely on the whims of those in power. With all the problems facing Philadelphia schools, it’s astounding that politics would get in the way of student success and reforming the status quo.

BIG APPLE REFORM. When it comes to education, New York is truly living up to its name as the city that never sleeps. While unions are busy questioning a rally of charter school students from Success Academy and beyond scheduled for Wednesday, its own attempt at a charter school is shutting down because only 11 percent of its students are passing English and 18 percent are passing math. And speaking of test scores, Governor Andrew Cuomo just dropped a “political bomb”, in the words of the New York Post, on state lawmakers, tying their names to failing schools in their districts in a recently released report. It sounds as if the status quo in the Empire State is getting a real wake up call with all of this in addition to building support for an Education Investment Tax Credit. The stage is set in Albany to create more Parent Power, but whether Parent Power can truly be kicked up a notch in a state where the BLOB has such a chokehold on education remains to be seen.

GARY GRADUATES. The Indiana Department of Education released high school graduation data, and 21st Century Charter School in Gary, IN, a school whose student population is 99 percent low-income, posted a 94.3 percent on-time (defined as four years) graduation rate. That’s eleven points higher than the state’s 83.4 percent grad rate. Even before receiving their diploma, 21st Century students are able to get a leg-up on college credit, with most students earning 12 or more credits by the end of their senior year. Education options like 21st Century are thriving in ‘A’ rated charter law states like Indiana. It’s inspiring to see a model like 21st Century that’s not only increasing college and career readiness, but also closing the achievement gap one graduating class at a time.

OLD LINE OPTIONS. The Maryland House Ways and Means Committee heard testimony on a much-needed proposal to strengthen the state charter law, currently ranked 39 by CER. The Maryland Senate Committee on Education will meet Wednesday at 1:00pm to discuss similar legislation. In both written and verbal testimony, Jeanne Allen, CER Senior Fellow and president emeritus, laid out the legislation’s strong points, which include increased authority to make operational decisions, funding equity, and an appeal process to the State Board of Education. Testimony also came from Susan Hobbs, who at one time was in desperate search of a school that would best help her daughter Jamie, who has Down syndrome. Now, Jamie loves school and is thriving thanks to a charter school environment that’s right for her. The proposals currently on the table in Annapolis would help all Maryland students, regardless of background or special needs, access more and better charter school options.

CHOICE WINS. The Alabama State Supreme Court upheld the Alabama Accountability Act, meaning students in failing schools will be allowed to utilize tax credit-funded scholarships. Over 12,000 families applied for the 2,830 scholarships that were awarded this past school year, a resounding display of parent demand for greater learning opportunities for their children. This demand, combined with the outpouring of individuals and businesses who claimed tax credits for scholarship donations, are what prompted the desperate legal challenge against the program. CER’s tax credit scholarship ranking shows the Alabama Accountability Act is in need of some improvement, but this court ruling is encouraging nonetheless, and paves the way for the program’s expansion.

MARCH FORTH. On March 4 (tomorrow!), Parents Advocate League (PALs) is calling upon Californians to let their elected officials know that students must be top priority when it comes to decisions regarding education. All it takes is a quick email or social media post to make your voice heard! Click here for more on how to take action!  

BLENDED LEARNING CONFERENCE. Come join CER President Kara Kerwin and fellow school choice advocates, who are gathering Wednesday March 11 at the Liberty Science Center in Jersey City to discuss the promise of blended learning both in New Jersey and nationwide. Click here to register.

Obama Budget Neglects DC Opportunity Scholarships

In one budget request after another, President Obama continues to underfund the D.C. Opportunity Scholarship Program (OSP) so that only basic administrative costs are covered.

This year’s FY 2016 budget was no different.

The underfunding remains a mystery in the face of the OSP’s incredible success:

  • 89 percent of twelfth grade OSP students graduated high school in 2013-14., far surpassing the DC Public Schools’ 56 percent graduation rate.
  • 98 percent of 2013-14 OSP high school graduates go on to attend a two-year or four-year college.
  • The DC OSP offers a 162 percent return on each taxpayer dollar invested in the program. Not only that, but the graduation rate for voucher students is 12 percentage points higher than those not using vouchers.

 

Demand for the OSP among low-income DC families is astronomical:

  • 14,786 applications have been received since the program’s inception, with only 5,967 scholarships actually awarded.
  • Once enrolled, 95 percent of parents reported satisfaction with their child’s academic progress.

 

CER President Kara Kerwin called it, “inexcusable” that the OSP’s proven benefits continue to be ignored by the White House.

Even research on vouchers in general, and not specifically the DC OSP, points to the benefits of this school choice avenue:

  • African-American students who received vouchers in New York are nine percentage points more likely to enroll in college according to a Brookings study.
  • Private school vouchers have saved taxpayers more than 1.7 billion since 1990, with nearly half of that coming from Florida’s McKay Scholarship for students. http://www.redefinedonline.org/2014/09/report-school-vouchers-saved-taxpayers-1-7-billion/

NEPC Charter School Report Inaccurately Uses CER Data

Press Release
Washington, D.C.
March 2, 2015

The Center for Education Reform (CER) takes issue with its data being used out of context to discredit an important body of evidence on charter schools in the United States. Review of Separating Fact & Fiction, published by the National Education Policy Center (NEPC), uses CER data to assert that “underperforming charter schools are allowed to remain open.”

However, CER data cited is taken out of context and thus does not tell the full story on charter school accountability.

The reality is that unlike conventional public schools that remain open year after year despite poor academic achievement or their inability to maintain strong operations, charter schools are intended to, and do, close if they fail to perform according to their charter. Performance-based accountability is the cornerstone of public charter schools.

“Nearly 20 percent of all public charter school closures occur because a school failed to meet acceptable student performance levels (18.6 percent). Many assert that charter laws are only working when schools are closed for failing in their mission to educate kids. But the reality is that operational and financial deficiencies are apparent far before any academic assessments can be meaningful,” states CER’s charter school closure report.

Operational deficiencies show up before academic results because it takes at least three years, sometimes five, the length of the charter to gauge academic data by individual, classroom, school and to compare to other schools and demographics in a fair way.

“Failing to produce audits, pay vendors, or conduct basic, required, oversight processes is a sure sign that whoever is in charge is not capable of leading a strong organization, or that perhaps a board is not focused on its duties and responsibilities,” notes the CER report.

The first two parts of the NEPC report were published in the Washington Post’s Answer Sheet section on February 28, 2015.

 

Another State, Another Voucher Challenge

On February 24, 2015, the North Carolina Supreme Court heard arguments in the lawsuit challenging the constitutionality of the NC Opportunity Scholarship Program.

“Parents know what’s best for their children and will seek an adequate, decent education for their children,” said Richard Komer, attorney for some of the family plaintiffs using the vouchers. “There is no assurance in the world that they will achieve that.”

In June 2002, the US Supreme Court in Zelman v. Simmons-Harris upheld the constitutionality of school vouchers, deciding that vouchers did not violate the Establishment Clause in the Constitution.

Four years earlier in Jackson v. Benson the Wisconsin Supreme Court arrived at a similar conclusion, upholding the Milwaukee Parental Choice Program.

The voucher program in North Carolina allows low-income parents to apply for scholarships worth up to $4,200 to help them access a better learning opportunity for their child. In its first year of implementation, over 5,500 qualified families applied for 2,400 available scholarships, signaling a clear demand for more education options.

Related Links:

Voucher Laws Across the States Ranking & Scorecard 2014
North Carolina Parent Power Index

Top Digital Learning Policy Issues to Watch in 2015

For students who need more flexible learning schedules, digital learning is playing a growing, integral role to their success.

Here are two digital learning policies worth watching in 2015, according to a recent blog post from Tanya Roscorla, a Center for Digital Education writer.

One is personalized and competency-based learning. This means virtual students operate on a learning schedule based on how quickly they master content, as opposed to what day it is on the calendar.

This kind of personalized education is a primary reason parents choose digital learning opportunities for their children, who may have special needs, long hours devoted to athletic or artistic extracurriculars, or simply just don’t do well in a brick-and-mortar environment.

Online course access is another topic worth watching in 2015. Currently, course choice programs exist in seven states according to Keeping Pace with K12 Digital Education. Those states are: Florida, Louisiana, Michigan, Oklahoma, Texas, Utah and Wisconsin.

Course access programs allow students to enroll in individual courses that are offered online and may not be available in their brick-and-mortar school environment. In fact, another course choice program has just been introduced in Illinois.

According to a February 2014 report from CER, it’s become clear that online learning is here to stay. National data show that over four million students and counting in the United States are engaged in some form of online-based education.

Separating fact from fiction in 21 claims about charter schools

By Valerie Strauss
Washington Post
February 28, 2015

The National Alliance for Public Charter Schools released a report last year titled “Separating Fact & Fiction: What You Need to Know About Charter Schools,” which takes 21 statements that it calls “myths” about charters and attempts to debunk them, one by one. Now three education researchers have completed a fact-checking analysis of the charter report, coming to some difference conclusions about each myth. Following is part of the new analysis, which was published by the National Education Policy Center at the University of Colorado Boulder, and which you can find in full, complete with extensive footnotes on the NEPC website. (I have removed the footnotes and endnotes from the text in this post but you can see them, as well other parts of the report, here.)

This analysis was written by Gary Miron, William J. Mathis and Kevin G. Welner. Miron is a professor of evaluation, measurement, and research at Western Michigan University. Mathis is the managing director of the NEPC and a former Vermont superintendent. Welner is the director of the NEPC as well as an attorney and a UC Boulder professor of education policy.

Here are the first two parts of the seven-part fact-checking analysis of the National Alliance for Public Charter Schools report:

By Gary Miron, William J. Mathis and Kevin G. Welner

Introduction

Separating Fact & Fiction: What You Need to Know about Charter Schools is a concise policy document assembled by the National Alliance for Public Charter Schools (NAPCS). No authors or contributors are identified. The paper (we use the term “report” throughout this review) lists 21 common “myths” about charter schools, which it then summarily rejects.

There exists an extensive body of research around charter schools, including a great deal of scholarly work published in peer-reviewed journals. The NAPCS report attempts to support its claims in response to the 21 “myths” with a narrative that includes 47 endnote references. But a closer look at these endnotes reveals that 15 of the citations came from NAPCS (the group that prepared the report), and another eight are from two reports produced by the school-choice department at the University of Arkansas, which have been strongly critiqued for advocacy-driven problems.

Because the report relies almost exclusively on other advocacy documents, does not give a balanced or thorough examination of any of the “myths,” and does not provide more than superficial research evidence to support its position that the myths are indeed false, this review will use the more neutral and factual term “criticism” instead of “myth.” The 13-page report is written for a lay audience and is beautifully laid out with colorful text and photographs of children. The criticisms are organized across four general areas: (i) charter school resources, (ii) students served, (iii) performance, and (iv) accountability and impact.

II. Findings and Conclusions of the Report

Although the NAPCS report claims to “set the record straight on the truth about charter “schools,” its main purpose appears to be the repetition or “spinning” of claims voiced by advocacy groups and think tanks that promote privatization and school choice. Given the extensive research literature related to charter schools, it is surprising that the NAPCS report relies on such a small and selective set of sources. This review examines the claims made in the NAPCS report and summarizes the empirical evidence related to all 21 criticisms.

The format for the following is to list the criticism, quote the NAPCS claim, and provide a short commentary based on the research literature.

Criticism: “Charter schools are not public schools.”

NAPCS Claim: “As defined in federal and state law, charter schools are public schools.”

It is true that federal and many state laws define charter schools as public schools. Further, charter schools are funded primarily with public funds. But the actual legal status, in any meaningful policy discussion, is much less clear. A recent law review article, helpfully titled “The Legal Status of Charter Schools in State Statutory Law,” is available to the public online2 and walks the reader through this nuanced landscape. The authors conclude, “While charter schools are generally characterized as ‘public schools,’ courts have had a difficult time determining their legal status because charter schools contain both public and private characteristics.”

To understand the extent to which charter schools are de facto either public or private, it is necessary to examine various aspects and components of the schools, such as ownership, public accountability, governance, management, employee status, and the extent to which the schools are open to all and are pursuing democratically and publicly established objectives.

*Most charter schools are governed by nonprofit boards. It is increasingly the case that charter school buildings are privately owned by the charter’s founders, by an affiliated private company, or by a private trust.
*In schools operated by private education management organizations (EMOs), the materials, furniture, and equipment in the schools are usually privately owned by the EMO and leased to the school.

*Except for a small number of states that require teachers to be employees of the charter school, it is common for teachers to be “private employees” of the EMO.

*Although most charter schools have appointed nonprofit boards intended to represent the public (i.e., taxpayers’) interest, a growing portion of charter schools are operated by private EMOs, and key decisions are made at corporate headquarters, which are often out-of-state.

*Public schools, like other public entities, are subject to transparency laws. Charter schools and their private operators increasingly refuse to share information and data in response to public requests. This issue is explored further later in this review. In 2011-12, 42% of the nation’s public charter school students were enrolled in privately operated charter schools. Based on trends in the growth of EMOs, it is estimated that by 2015-16, more than half of the nation’s charter school students will be enrolled in schools owned and operated by private EMOs.

Thus, while claiming to be “public,” and while having some elements that are public (most importantly, public funding for a no-tuition education), their operations are basically private.

Criticism: “Charter schools get more money than other public schools.”

NAPCS Claim: “On average, charter schools receive less public funding than traditional public schools.”

When comparing public funding of charter schools with that of district schools, it is critical that the portion of “pass-through” funds to charter schools from school districts be subtracted. Otherwise, the district revenues are erroneously and vastly inflated. For instance, if a public school district has the responsibility of providing transportation of charter school students, then the taxpayer funding for that transportation should be attributed to the charter schools, not the public school district. But sloppy calculations do not do this.

Further, it is necessary to account for private dollars devoted to charter schools that are not publicly reported. This private funding is almost non-existent for some charter schools, but it is very large for others. A study of KIPP found that KIPP schools were actually receiving $800 more per pupil in public sources of revenue than local school districts. Further, while KIPP schools reported no private revenues in the federal district finance data set, a review of IRS 990 tax forms revealed that KIPP schools were receiving an average of $5,700 per pupil in private sources of revenue in 2008.

Nevertheless, there is indeed a widespread research consensus that charter schools receive less public funding per pupil than surrounding district schools. This is largely explained by charter schools spending less on special education, student support services, transportation, and food services.

Charter schools can receive a lot more public resources if they wish. Yet, they can only receive additional (categorical) funding if—for example—they serve more children with moderate or severe disabilities and if they start offering programs such as vocational technical programs that would qualify them for targeted funding. Most state funding formulas seek to provide equitable funding for charter schools and district schools alike. What a given person sees as fair probably depends on which sector one works in or otherwise identifies with.

Criticism: “Charter schools receive a disproportionate amount of private funds.”

NAPCS Claim: “Charter schools receive fewer private funds per pupil than traditional public schools.”

NAPCS provides no valid support for its claim. Nor do we know of any solid study upon which to make this comparison nationally. What we do know is that the variation within both sectors—charter and traditional public—is great, meaning that privately provided resources likely drive inequities in all these schools. The NAPCS report attributes this finding to a study conducted by researchers at the University of Arkansas’s “Department of Education Reform.” However, this report was about an issue completely different from private funding disparities: the claim that charter schools operate with fewer funds in total. The fatal flaw in the study was—as noted above—in erroneously classifying pass-through money to charters as public school expenditures.12 To make matters worse, the Walton report considers “other” funding to be the same as private philanthropy. Increasingly, charter schools set up private trusts that receive and spend private revenue on behalf of the charter school. This “off the books” revenue is not reported.

Criticism: “There is a lack of transparency around charter schools’ use of funds.”

NAPCS Claim: “Charter schools have greater accountability and scrutiny over their finances than traditional public schools.”

The report does not cite any evidence to substantiate this claim. Instead it cites a few reports about “ideal” standards for authorizing and oversight, but these do not comport with practice. The reason some policymakers are calling for oversight standards is the broad recognition that charter school oversight is inadequate.

As journalists and researchers are finding, charter schools are often not responsive to Freedom of Information Act (FOIA) requests. One of the authors of this review (Miron) sent out over 400 FOIA requests to charter school governing boards requesting a copy of their contract with their Education Management Organization (EMO). Only 20% of the charter school boards provided a copy. Another 10% responded, claiming they were not legally required to share this contract. The remaining 70% simply did not respond.

While public transparency is a growing concern, there are an increasing number of cases in which charter school boards are not able to obtain data and information about their own schools that is held by the private EMO. In Ohio, charter school boards are currently engaged in litigation to force White Hat Management to share details on how this private EMO is spending public dollars on charter schools that are—by nearly all accounts—struggling and failing.

Criticism: “Charter school teachers are less qualified than teachers in traditional public schools.”

NAPCS Claim: “Like all public school leaders, charter leaders aim to hire talented, passionate, and qualified teachers who will boost student achievement and contribute to a thriving school culture.”

The report cites one of its own issue briefs as the only source of evidence to support this claim. But a number of independent empirical studies show that charter schools do, in fact, have a less qualified work force, if measured by experience or certification levels. Teacher attrition rates are extremely high in charter schools, and dissatisfaction with salaries and working conditions are common among the teachers who leave charter schools. A national study of charter school finance reported that district schools spend substantially more on teacher salaries than do charter schools (districts devoted 21.3% of their current operating expenditures on teacher salaries, compared with 15.1% spent by charter schools).

Criticism: “Charter schools are anti-union.”

NAPCS Claim: “Charter schools are neither pro-union nor anti-union: They are pro teacher.”

Charter schools as originally designed are not inherently anti-union. However, the advocacy groups and the groups that sponsor them, such as the Walton Foundation, do have a track record of being opposed to unions. In fact, the NAPCS claim echoes Walmart’s statement that the retailer is not anti-union but pro-associate.

The NAPCS report points out that 12% of charter schools are unionized, but the largest portion of unionized charter schools are public school conversions. A rapidly increasing proportion of charter schools are operated by EMOs and, aside from Green Dot (a nonprofit EMO), very few of the schools operated by private EMOs are unionized.

Charter schools were originally intended to be “pro-teacher.” Al Shanker, past President of the American Federation of Teachers, is credited with playing a foundational role in the design and creation of the charter school concept. He and others involved with teachers’ unions believed that charter schools could provide new opportunities for teachers to innovate and create new learning environments, as well as providing opportunities for professional development for teachers. Yet what can be found in practice in today’s charter school is far from that ideal, given the above-mentioned research on working conditions, attrition and pay.

Criticism: “Charter schools aren’t accountable to the public since their boards aren’t elected.”

NAPCS Claim: “Charter schools are directly accountable to the public.”

Once again, this is a claim that is based on a charter school ideal rather than on actual evidence. It equates following public laws and filing periodic reports with being “directly accountable to the public.” Any form of accountability relies on transparency and the communication of accurate, relevant information. Although some appointed charter school boards assume fiscal and legal responsibility for their school, many boards consider themselves to be in an advisory role; their power and responsibility is curtailed by the private EMOs that operate the schools, with a large portion of decisions taken at corporate headquarters which are often located halfway across the country.
It is common practice for EMOs to write charter school proposals and determine how the school will be managed and operated long before a board is appointed. It is also common practice for the private EMO to provide a list of names for board members which the authorizer then approves. In recent years, board members have been refused access to information about how money is being spent. Further, there are cases where EMOs have asked the authorizer to remove board members when they start asking uncomfortable questions about finance.

Criticism: “Charter schools cream or cherry-pick the best students from traditional public schools.”

NAPCS Claim: “Public charter schools are generally required to take all students who want to attend.”

No empirical evidence is cited to support the NAPCS claim. While it is superficially true, it does not rebut the criticism. A variety of practices and abuses are used by charter schools to shape their enrollment. In fact, some staunch charter supporters, most notably Michael Petrilli of the Fordham Institute, see this relative exclusivity as “a feature, not a bug.”

There are a number of actions charter schools take to help ensure that they can end up with a more homogeneous set of higher-performing students. In some cases charter schools use admission tests to determine “academic interest.” In other cases, charter schools such as KIPP use “admission” or “placement” tests to make decisions on student grade levels assignments. Rather than be held back one to three grade levels, struggling students often simply return to the district school so they can stay with their peer group.

Many of the so-called “no excuses” charter schools use grade repetition as a means of weeding out weaker students. (Empirical research shows that the most prominent predictor of a student dropping out of school is requiring them to repeat one or more grade levels). Harsh or push-out school discipline practices can also drive away more difficult students or drive them out once enrolled.
Because parents and students choose the school, it is almost impossible to avoid self -selection of students and families who are more engaged and who have more knowledge and skill in navigating school choice systems, even setting aside any active steps taken by the charter schools themselves.

Criticism: “Charter schools don’t enroll children from under-served families.”

NAPCS Claim: “Public charter schools enroll more students of color and from low-income backgrounds than traditional public schools.”

There is a terribly misleading bit of truth to this claim. The report is apparently comparing charter schools that are mostly in urban areas with a national population of traditional public schools. Looking beyond the gross numbers to compare the demographics of students in charter schools with those of their sending districts, it is true that the populations of minority and low-income students generally reflect the pool from which they were drawn. But the analysis should not stop there.

The differences emerge when we look at school-specific data. While the aggregate percentage of minority students in charter schools is similar to that of the sending districts, a distinct pattern emerges beneath that surface. Charter school enrollment tends to fall into a bimodal distribution, with either high-concentration minority or high-concentration white. In a 2010 study that examined the ethnic background of students in charter schools, one quarter of the charter schools had proportions of minority students that were similar to their local district schools (i.e., a difference of fewer than 10 percentage points). The other three-quarters of the charter schools were either segregative white, segregative black, or segregative Hispanic.

Aside from a few reports generated by advocacy groups, there is a substantial body of research concluding that charter schools are accelerating re-segregation by race, class, measured achievement, special education status (particularly when severity of disability is considered), and English-Language Learner status.28 Two national studies in 2010 examined student characteristics and found that charter schools accelerated segregation of public school systems. Both studies found that charter schools accelerated segregation by race and class.30 One of the studies also looked at special education status and English-Language Learner status of students and found that charter schools were also much more segregative than the local district schools.

Criticism: “Charter schools serve fewer English Learners than traditional public schools.”

NAPCS Claim: “There is no significant difference in the percentage of English Learners served by traditional or public charter schools.”

This claim by NAPCS is unsubstantiated and demonstrably false. In 2013 the Government Accountability Office (GAO) reported that it was unable to compare English-Language Learners (ELL) enrollment in charter schools and traditional public schools because “Education’s only available data on school-level ELL enrollment were unreliable and incomplete. Specifically, for over one-third of charter schools, the field for reporting the counts of ELLs enrolled in ELL programs was left blank.”

In Miron, et al.’s 2010 study of charter schools operated by for-profit and nonprofit EMOs (which accounted for more than 40% of all charter school students at that time), comparisons between charter schools and the districts in which they lie found that charter schools were highly segregated when it came to serving ELLs. In this study, only 4.4% of the students in the EMO-operated charter schools were classified as ELL, compared to 11% of all students in the nation.

Criticism: “Charter schools serve fewer students with disabilities.”

NAPCS claim: “According to the most recent publicly available data, 10 percent of charter school students are students with disabilities, compared to 12 percent of students in traditional public schools.”

Once again, the response from NAPCS is intentionally misleading and false. It is true that the proportion of children with disabilities in charter schools has increased, although the proportion of children with severe and moderate disabilities still remains very low. There are close to 60 charter schools in the country that focus on or almost exclusively serve students with disabilities. Most charter schools, however, continue to enroll between 0% and 7% students with disabilities, and these are largely children with mild disabilities, while the districts are still responsible for children with moderate and severe disabilities. The national average for district schools was 13% in 2011.

Criticism: “Charter schools’ strong academic results are attributable to charters ‘counseling out’ under-performing students, either explicitly or implicitly, through strict discipline and attendance policies or high academic or parent involvement expectations.”

NAPCS Claim: “There is no evidence of charter school policies that explicitly push out students.”

The manner in which the critique is worded implies that charter schools have “strong(er) academic results” than traditional public schools, which is not correct. The overall performance of charter school students relative to demographically similar district schools students is mixed, and the results vary considerably among and within states. The claim that charter schools do not “explicitly push out students” is misleading. Over the past decade, charter school results have been improving and catching up to those of district schools, largely due to the expansion of college-prep charter schools and so-called “no excuses” charter schools. These schools market themselves as having high standards and rigorous expectations for students. Responding to this marketing, families self-select.

Families with children who have shown past academic commitment, families that can manage to provide transportation, and those that can meet parent volunteering and tutoring expectations are more likely to self-select into these charter schools. Many charter schools use placement tests and require students to repeat grades to ensure that students meet grade-level expectations. Students who are placed back a grade or who are retained in grade often decide instead to return to district schools. Many students realize they cannot meet the high academic or disciplinary standards and choose to return to the district school, or they are suspended or expelled, causing them to return.

Charter schools are also not required to back-fill the resulting empty places. Again, this is acknowledged, and again charter advocate Michael Petrilli has identified it as a feature, not a bug. When students leave during the school year, in most states the money will stay with the charter school, even though the local district has to receive students at any time in the academic year. Further, the district is required to provide an education for all students even if the money for that academic year stays with the charter school.
These and a variety of other practices and abuses have resulted in charter schools actively shaping the population of students they enroll.

Criticism: “Charter schools have higher suspension and expulsion rates.”

NAPCS claim: “Federal data show that the expulsion rate for public charter schools is no higher than that of traditional public schools.”

This sweeping NAPCS claim is based on an Education Week article, which drew from a small number of major city comparisons. Among the selected cities, Los Angeles, Newark, and San Diego had much higher suspension rates for charter schools. For expulsions in 2011 -2012, three of the four highlighted cities (Philadelphia, Washington, and Chicago) had vastly higher expulsion rates for charter schools. NAPCS does report that only about one-fourth of charter schools are in the data set, which raises the further question of what the missing three-fourths of the data might say. Self-selection effects by students remain unaddressed.

In New York City, charter schools regularly have suspensions and expulsion policies that violate students’ civil rights. In Massachusetts, charter schools enroll 3% of all public school students but account for 6% of all disciplinary removals. Charter schools in this state (especially the Boston-based charter schools) have much higher discipline rates—many over 20%.

The NAPCS claim is simply not supported.

Criticism: “Charter school students do no better than traditional public school students.”

NAPCS claim: “Between 2010 and 2013, 15 of 16 independent studies found that students attending charter schools do better academically than their traditional school peers.”

The citation for this claim comes from an internally produced NAPCS study. Since there are more than 80 independent and generally accepted studies that examine student achievement in charter schools, such an omission raises the question of why only these 16 are examined. The NAPCS narrative further restricts its focus to only two of the 16 reports:

*First is the well-known CREDO study44 that indicates there is no meaningful difference between charter schools and district schools. Maul and McClelland report, “. . . the study overall shows that less than one hundredth of one percent of the variation in test performance is explainable by charter school enrollment.”
*The second study, ascribed to the University of California at San Diego, is a Center on Reinventing Public Education (CRPE) study that in more lukewarm terms, states, “Charter schools on average produce results that are at least on par with and, in many cases, better than district-run public schools.” This study was later criticized for reporting exaggerated positive results for statistically insignificant findings.

It is interesting to note that the most rigorous study, and by far the most expensive, commissioned by the U.S. Department of Education, is not even mentioned. This study, undertaken by Mathematica, examined a sample of oversubscribed (i.e., popular and thus presumably better on average) charter schools and compared students at those schools to students who were on the waiting list but did not get a place. This longitudinal study showed no overall effect for charter schools.

Mathematica’s large-scale study identified a large pool of students who applied for charter schools. It then compared charter school students who received a place with students who didn’t and enrolled instead in their district school. The study found no overall difference between the two groups of students. It did find that urban charter school students did slightly better and suburban charter school students did slightly worse.

The clear answer that appears repeatedly is that after controlling for student demographics, charter schools show test-score results at levels that are not meaningfully better or worse than district schools. Thus, the criticism (“myth”) is very accurate.

Criticism: “Underperforming charter schools are allowed to remain open.”

NAPCS Claim: “Charter schools introduce an unprecedented level of accountability into public education. If a public charter school is not improving student achievement as laid out in its foundational charter agreement, it can be closed down.”

This assertion, which is frequently repeated by charter school advocacy groups, is based on how charter schools are supposed to work rather than on actual practice. The core bargain underlying charter school policies is that these schools would be freed from various governmental regulations and collective bargaining agreements, and in turn the schools would have to demonstrate strong performance, as set forth in each specific charter.
Indeed, we recall that charter school accountability in the 1990s was sometimes referred to as mission-driven accountability. But saying they can be closed is not the same as saying that they are closed. The staunchly pro-charter Center for Education Reform reports that about 15% of charters have closed over the past two decades, but most of these closures were for financial or mismanagement reasons. Only 19% of the closures (or about 3% of all charter schools) were closed due to underperformance.

Criticism: “Charters are an urban-only phenomenon.”

NAPCS Claim: “Nearly half of all public charter schools are found outside city limits in rural communities, suburban areas, and towns.”

This is a criticism not often heard, and it is interesting to consider why the NAPCS report takes it up. The report does not provide a source for its numbers and does not break out the percentage of charter schools located in suburban or urban areas. Given that school choice typically requires a concentration of potential customers within a short commuting distance, it is not common for charter schools to locate in rural areas.

With the increasing involvement of private EMOs in drafting the charter proposals and determining the location of schools, a more sophisticated use of market analyses is emerging to identify ideal locations. In some cases, this means locating a charter school just inside the boundary of a suburban district so it can recruit from the city as well as the suburb. If per-pupil funding is higher in the urban district, the charter is often then located just inside the urban district boundary.

Criticism: “Competition from charter schools is causing neighborhood schools to close and harming the students attending them.”

NAPCS Claim: “No research has shown that the presence of public charter schools causes neighborhood schools to close.”

The NAPCS narrative does not address the issue it raises. Instead, it digresses on an unrelated review of school closures because of low student test scores. While the research base includes no studies that we are aware of that show a direct causal relationship between charter school expansion and neighborhood school closure, there are plenty of documented instances of charter schools replacing neighborhood public schools and otherwise draining those schools of resources, thus causing closure.
The Journey for Justice Alliance asserts that charter school expansion and public school closures have had a devastating effect on minority communities. A study by Arsen and Ni demonstrated that after district schools lose their most resource-rich families to charters and other forms of school choice, they have less capacity to respond or compete.

District schools remain at a disadvantage since they must take all students whenever they arrive. They also have fixed costs for infrastructure and must maintain a staffing complement so that they can serve all students, including those who leave a charter school in the middle of the year. Contrary to the clear implication of the NAPCS claim, all of these factors have the direct effect of closing neighborhood schools and replacing them with charter schools.

Criticism: “Charter schools take funding away from traditional public schools.”

NAPCS Claim: “Public school funding is sent to the public school that a student attends.”

Note that the NAPCS claim does not address the criticism. In the ideal narrative of charter advocates, “money follows the child.” Thus, when children move from public schools to charter schools, the traditional public schools lose money that then goes to the charter schools. Accordingly, in this ideal narrative, charter schools do in fact take money away from traditional public schools. A separate question is whether this harms public schools, given that the charters also take away the redistributed students (this is, in part, the question addressed in the previous criticism).

The NAPCS report returns to the different claim, that charter schools get less money than traditional public schools. As previously addressed, this does not take into account that the public school provides other services (e.g., transportation, special education, and food services) that charter schools may not provide. Furthermore, in many cases, charter school money is a flow-through from the public school. This results in inflated costs when the money is double-counted. A closer look at high-poverty urban communities reveals that limited resources are now being stretched across two parallel systems of education that are, based on school performance measures and financial need claims, both struggling.

Criticism: “Charter schools resegregate public education.”

NAPCS Claim: “Parents decide where to send their children to school within the options available to them.”

Again, note that the NAPCS claim does not address the issue. There is a growing body of virtually undisputed evidence that charter schools segregate students. The above discussion of criticisms concerning skimming and of serving fewer percentages of various high-need groups applies here as well. But the important question here is whether segregative and stratifying effects of charter schools can be justified or excused by invoking the exercise of choice. Is society’s obligation to eliminate segregation and to provide equal opportunity satisfied by pointing to the choices of parents? Or, put another way, if policymakers decide to create a system based on parental choice, do they have an obligation to mitigate segregative effects caused by that policy?

Criticism: “Some charter schools are religious schools.”

NAPCS Claim: “No public school, whether traditional or charter school, can operate as a religious school.”

After citing a federal law, this categorical claim is not discussed further. Reality is somewhat more nuanced. In Gary Miron’s work evaluating charter school reforms for state education agencies, he never observed religious instruction during classroom instruction, though he observed schools in which religiosity was evident—for instance, teachers, students, and parents engaged in Christian prayers at lunch time and outside the regular classroom schedule. During site visits for a state evaluation of charter schools in Michigan, a large portion of students enrolled in charter schools operated by National Heritage Academies reported that they believed they were in a Christian school.

In Colorado, the Douglas County School Board used the charter school law to create a shell charter school that then packaged the state money into vouchers for private (mainly religious) schools. Further, in the 1990s, a small number of charter schools were started by Christian churches or church-affiliated groups. Church leaders direct some charter schools, and some charters lease facilities from church groups represented by the founder or charter school director. Over the past 15 years, there has been a growing number of charter schools catering to Islamic minorities, and there are growing networks of Hebrew charter schools serving the Jewish community.
At national conferences, it is not uncommon to see at least one report session devoted to research on religious-oriented charter schools, and there is in fact a growing body of literature about “religious” and “faith-based” charter schools. If researchers are studying religious charter schools, it is very likely that religious charter schools do in fact exist.

Criticism: “Charter schools aren’t the incubators of innovation that they claim to be.”

NAPCS Claim: “Public charter schools are using their autonomy to push boundaries to better serve students, generating lessons that can be refined and shared throughout the broader public school system.”

The NAPCS report cites only a few anecdotes to support its claim, yet there has been substantial empirical work on the issue of innovation in charter schools, which the report ignores or overlooks. Much of this research was conducted between 1994 and 2004, a time when one of the strongest arguments for charter schools was that they would be innovative and create unique or innovative instructional practices and learning materials.

With some notable exceptions, this has not been the case. Independent research on the issue shows that charter schools increasingly operate in much the same way as public schools. In fact, over the past decade, charter school advocates have noticeably shifted away from rhetorical claims that charter schools are innovative, shifting instead to claims that charters benefit communities by replicating popular existing models of schooling.

Preserving Private School Autonomy a Key Concern with School Choice

Private schools want to participate in school choice programs to serve needy students, but are wary of regulations related to standards and testing that threaten their autonomy, according to a January 2015 survey from the American Enterprise Institute (AEI).

The concern is not the accountability that test scores bring, but the requiring of certain tests and their effects on school mission and autonomy.

Researchers surveyed 954 private educators in Indiana, Florida and Louisiana. All three states contain both a voucher program and a tax credit scholarship program.

The survey found that private educators get a sense of gratification from helping disadvantaged students. When asked why they want to participate in school choice programs, 71 percent of educators rated helping students in need as “very important.”

However, 44 percent of Florida educators cited future testing requirements as a concern for accepting students enrolled in Florida’s tax credit scholarship program. Fully 54 percent of educators in Indiana voiced concerns about regulations in general. A whopping 77 percent of Louisiana private educators expressed some degree of concern about testing requirements.

Both the 2014 Voucher Rankings & Tax Credit Scholarship Rankings from The Center for Education Reform cite “Preservation of Private School Autonomy” as a determinant for how state programs measures up.

Curious which other states have school choice programs? Check out The Parent Power Index to see how states stack up when it comes to giving parents fundamental power over their children’s education.

Empowering Parents and Voters for K–12 Education Reform

On Thursday, February 26th, the American Enterprise Institute (AEI) hosted a panel on Empowering Parents and Voters for K-12 Education Reform.

Watch CER president Kara Kerwin, Andrew P. Kelly and Jon Valant discuss two new pieces of research on parent empowerment and K–12 education reform. They will emphasize that families must be able to comprehend the choices they are presented with to understand and navigate the complex education landscape.