DAMAGING THE CHARTER SCHOOL BRAND

DAMAGING THE BRAND

Charter schools and their networks desperately need a HALL OF SHAME.  What’s more, the push to create it should be coming from the charter school community.

I have been observing what is called the ‘charter school movement’ from Day One, a historic meeting at the headwaters of the Mississippi River in 1988 that I moderated. Back then, the dream was that every district would open at least one ‘chartered school,’ where enrollment and employment would be voluntary and where new ideas could be field-tested.  Successes and failures would be shared, and the entire education system would benefit.

That naive optimism would be laughable if it were not for the harm that has befallen many students and the millions taken from public treasuries by some charter school operators (regardless of whether their schools are ‘for-profit’ or ‘non-profit).’

As I see it, the term is in danger of becoming toxic, and I think the blame falls squarely on the leadership in the charter school movement, and on politicians who are indifferent to the needs of children but responsive to constituents motivated by ideology or greed.

Of course, the movement has a HALL OF FAME, to pat each other on the back and share success stories, so why not establish a HALL OF SHAME?

Who’s ripping off the system?  Who belongs on a Charter School HALL OF SHAME?  Here’s a smattering of stories from a few states.

Ohio:  http://www.cincinnati.com/story/news/local/2015/08/10/dollars-details-slow-ohio-charter-reform/31406095/; 

http://www.toledoblade.com/MarilouJohanek/2015/08/22/Governor-Kasich-s-education-agenda-unmasked.html#uoLbolBbxx8RLF4r.99; 

http://www.plunderbund.com/2015/06/13/ohio-charter-school-operators-choose-financial-success-over-ethics/

Pennsylvania: http://www.pennlive.com/midstate/index.ssf/2015/02/big_for-profit_schools_big_don.html

South Carolina: http://www.thestate.com/news/local/crime/article32398251.html

North Carolina: http://www.propublica.org/series/evaluating-charter-schools

http://www.ncpolicywatch.com/2015/09/02/new-policy-eliminates-daily-student-attendance-reporting-requirements-for-states-new-virtual-charter-schools/#sthash.bGae4phh.gbpl&st_refDomain=www.facebook.com&st_refQuery=/

Michigan: http://www.mitchellrobinson.net/2015/08/17/if-you-can-t-beat-em-destabilize-em/

New York: http://www.propublica.org/article/ny-state-official-raises-alarm-on-charter-schools-and-gets-ignored

Louisiana: http://www.nytimes.com/2015/08/23/opinion/sunday/the-myth-of-the-new-orleans-school-makeover.html?_r=1

Georgia: http://getschooled.blog.ajc.com/2015/08/19/opinion-gov-deals-opportunity-school-district-offers-opportunity-but-not-for-students/

http://getschooled.blog.ajc.com/2015/10/22/atlanta-police-more-than-600000-taken-from-atlanta-latin-academy-bank-accounts/

Nationally:     http://www.salon.com/2014/01/10/the_truth_about_charter_schools_padded_cells_corruption_lousy_instruction_and_worse_results/

http://populardemocracy.org/news/tip-iceberg-charter-school-vulnerabilities-waste-fraud-and-abuse

http://insiders.morningstar.com/trading/executive-compensation.action?

t=LRN;http://www.salon.com/2015/01/01/exposing_the_charter_school_lie_michelle_rhee_louis_c_k_and_the_year_phony_education_reform_revealed_its_true_colors/

President Obama and his Secretary of Education are always careful to say that they support ‘good’ charter schools and oppose ‘bad’ ones, even as they approve spending federal funds to support charter schools.  I question whether that qualifies as strong leadership.

Studies indicate that, at best, half of charter schools do better academically than traditional public schools, and half do not, but that’s only using the narrow measure of test scores.   Shouldn’t the strong charter schools be leading the dialogue about what constitutes quality, instead of falling in line to worship at the altar of standardized test scores?  Shouldn’t they be upset about all the bad apples?

The leading national organization of non-profit charter schools, the National Alliance for Public Charter Schools, is conspicuously silent on the ripping off that’s going on.  To me, that group’s failure to make a stink makes it part of the problem.   I communicated my concern to Nina Rees, the organization’s leader.  She responded by laying the blame on authorizers and on those responsible for enforcing the rules.

“States are supposed to take the lead on regulation and supervision.  Ideally, a state should speak up when a charter school screws up. Maybe I should elevate the noise to a national level, but our focus is national and on states with either weak charter laws or no law at all.  Most states that have charter schools also have rules, but unfortunately they are not always enforced.

Is there a trend of financial and other bad behavior?  Perhaps in the for-profit side.  However, I do not have an issue with for-profit charter schools generally, as long as the school is good. If the school is good, who cares?”

The weak link in the system is the authorizers.”

Greg Richmond, the thoughtful leader of the national group of charter authorizers, believes there’s plenty of blame to go around, adding that “(M)ost of it belongs to the bad schools themselves, but parents, legislators, courts and authorizing bodies often work in ways that keep bad or fraudulent schools going.”

He went on:

“I’m frustrated by the bad actors in the charter school community. There are several forces that keep those schools around. In most cases, parents at those schools fight the closure of those schools, just like parents anywhere oppose the closure of their school. If an authorizer closes the school anyway, courts often step in to keep these schools open.  Also, in a few states, some companies that run charter schools are major donors to state legislators, which enables them to write laws that are weak on accountability.  Finally, most authorizing bodies are school districts and most school districts do not pay enough attention to charter schools. An ounce of prevention is worth a pound of cure, but many school districts would rather complain about charter schools after a problem surfaces instead of putting in place oversight systems that could prevent the failure.”

Richmond raised an interesting point: Perhaps the number of scandals (too many, he said) hasn’t increased; perhaps it’s better reporting that digging out and identifying the bad actors.  

He concluded by defending his tribe, the authorizers.

“There are other types of data that suggest that things are getting better – authorizers are doing their job better, perhaps catching more fraud and perhaps preventing problems before they occur. For example, over the past few years, much larger percentages of authorizers report implementing NACSA’s Essential Practices for authorizers. http://www.qualitycharters.org/for-authorizers/12-essential-practices/ 100% of the authorizers we surveyed now require an annual audit from each school. A few years ago, that was about 80%. 97% of authorizers have financial monitoring systems in place in addition to the audit.”  

When I asked the leaders of several well-known charter school networks for responses, a pattern emerged.

Mike Feinberg, the co-founder of KIPP:

“The scandals we’ve seen recently and historically have all been very sad.  And so have the scandals we’ve seen in the traditional school districts as well.  The silver lining with the public charter scandals is that they seem to be resulting in charters closing down.  It’s too bad we don’t see the same swift and absolute reaction to similar scandals on the traditional school district side as well, as all of us in the public should have zero tolerance for any behavior that hurts our public schools and students.”

He added:  I’m not familiar with details of the scandals all over the country but certainly know about what’s happening in Texas, where I’m proud of what the state has done in the recent years to crack down on poor performance by both public charters and districts alike.  We supported the SB2 legislation which passed in 2013.  SB2 gave the state move power to close down poor performing public charter schools, as we now have a ‘three strikes and you’re out’ policy:  3 years in a row of poor academic or financial performance, and the state no longer may close a public charter, but rather, shall close a public charter.        

Furthermore, the state has vastly improved its authorizing in the past decade from what it looked like in the 90’s and early 2000’s, where it was far too easy for anyone to receive a charter.  The process today is much more rigorous, and while perfection isn’t possible, it’s much more unlikely that a public charter approved today will be in the hands of fraudulent people.”

Eva Moskowitz, the founder and CEO of the Success Academies charter school network in New York City:

“I condemn fiscal mismanagement and impropriety and corruption wherever it exists…and it exists obviously across whole swaths of society let alone types of public schools, whether district or public charters…scandals occur daily in the NYC district school system…sometimes multiple times a day! But where ever it occurs it is wrong.”

And Ms. Moskowitz reacted to my reference to the charter school ‘brand.’

“‘Brand’ is an interesting choice of words…I do not think of it that way…I am committed to parent choice and educational excellence not a brand.  I do my absolute best every day to wake up and contribute to making schools better for kids and for expanding parent choice…”

I also wrote to Carl and Gail Icahn, whose network of Icahn Charter Schools has been expanding in the Bronx.  She responded:

“Can you send a link to the scandals to which you refer?  We must have missed them….”

Why aren’t the leaders of acclaimed charter management organizations on the barricades?  National groups, KIPP, Success Academies, Icahn Charters and other well-known CMO’s have the prestige in the movement and could make a difference. And so too could the large foundations like Broad and Walton that support charter expansion.  But they are largely defensive, often saying the equivalent of “maybe we have problems, but it’s worse in regular public schools”–if they say anything at all.

How far does the taint have to spread before those folks wake up?

Other industries are quick on the draw when it comes to exposing charlatans and frauds.  Suppose I exploited my Doctorate from Harvard and began offering–as Dr. Merrow–psychological therapy for ‘stress reduction’ and treatment for ‘test anxiety,’ ‘math phobia,’ ‘marital discord,’ ‘A.D.D. related issues,’ and other medical-sounding problems?  My degree is in “Education and Social Policy,” but who’s to know? How long would it take for the legitimate psychiatrists and psychologists to come down on me, hard?  They would, rightly, see me as a fraud offering phony cures, and a threat to their legitimacy.  They understand that, just as bad money drives out good, so too do frauds weaken, cheapen and debase those who are honorable.

Associations of insurance agencies, roofing contractors, et cetera are vigilant about their products and services, so why aren’t the legitimate charter schools operators and their supporters outraged by the widespread wrongdoing?

Here’s another analogy, using the noun ‘restaurant.’  Precisely what information does that noun convey?  Very little; in fact, the word tells you only that food is served there at a price.  To learn even the most basic information (kind of food, prices),  you would need to scrutinize the menu.  To ascertain anything about quality, however, you would want to have at least one meal there, and probably go on Yelp or some other website to read reviews.

Sadly, the term ‘charter school’ has become equally generic and virtually meaningless.  The name over the door tells you almost nothing about what goes on inside the school.  The charter school behind those walls could be a model of innovation, but it is just as likely to be a “drill-drill-drill” machine or a profit-making engine for greedy entrepreneurs.

Charter Schools need a HALL OF SHAME.

The Rules at Success Academies

Below you will find, verbatim, the disciplinary code for Success Academies, taken from the Success Academies handbook, which is distributed to all parents and perhaps others.  I discussed aspects of the rule book in my interview with Success Academies founder and CEO Eva Moskowitz.  If you missed the NewsHour segment when it was broadcast on October 12th, you can find it here.

  1. Discipline
  1. Violations

Anytime a scholar violates school or classroom rules or policies, it is considered a behavior infraction. Behavior infractions include, but are not limited to:

  • Non-compliance with the school dress code
  • Non-compliance with the school attendance policy
  • Non-compliance with the code of conduct
  1. Violence and Aggression

We must ensure that our scholars are safe at all times in our schools. Success Academy has a zero-tolerance approach when it comes to aggressive or violent conduct that puts the safety of our scholars or staff in jeopardy.

In the classroom, we teach our scholars strategies to peacefully handle disagreements. We teach them that violence is never the solution. Scholars who engage in aggressive or violent conduct will be suspended. Scholars who hit because “he hit me first” will also be suspended.

  1. Suspensions and Expulsion

Scholars who repeatedly disregard directions, compromise the safety of others, or violate our policies may be suspended.

A short-term suspension refers to the removal of a scholar from the school for disciplinary reasons for a period of five days or fewer. A long-term suspension refers to the removal of a scholar for disciplinary reasons for a period of more than five days. Expulsion refers to the permanent removal of scholar from school for disciplinary reasons.

If your scholar is suspended, a member of the school leadership team will call to inform you. You will receive a suspension letter at pick up or within 24 hours. You should make arrangements with the school for mandatory alternative instruction for your scholar during his or her suspension.

  1. Disciplinary Policy and Code of Conduct

In order to establish and maintain school culture, the following Code of Conduct contains a list of possible infractions and potential consequences. Please keep in mind that the list of unacceptable conduct and consequences is not exhaustive. Teachers and staff can supplement this Code of Conduct with their own rules for classes and events. In addition, violations of the Code of Conduct and resulting consequences are subject to the discretion of the Principal and may be adjusted accordingly. A scholar’s prior conduct and his or her disciplinary history may be factors in determining the appropriate consequence for an infraction.

The Code of Conduct will be enforced at all times. Scholars must adhere to the Code of Conduct when at school on school grounds, participating in a school sponsored activity, and walking to or from, waiting for, or riding on public transportation to and from school or a school-sponsored activity. Serious misconduct outside of the school is considered a school disciplinary offense when the misconduct or the scholar’s continued presence at the school has or would have a significant detrimental effect on the school and/or has created or would create a risk of substantial disruption to the work of the school.

Code of Conduct:

Level 1 Infractions

Slouching/failing to be in “Ready to Succeed” position (SPORT or Magic 5 position)

  • Calling out an answer
  • Chewing gum or bringing candy to school
  • Minor disrespectful behavior

Range of School Responses, Interventions, & Consequences for Level l  Infractions

  • Warning/reprimand by school staff
  • Scholar is reminded of appropriate behavior and task at hand
  • Scholar is reminded of what he/she is like at his/her best and of past good behavior
  • Scholar is reminded of past poor decisions and provided with productive alternatives/choices that should be made
  • Scholar is given a non-verbal warning
  • Scholar is given a verbal warning

Level 2 Infractions

  • Committing a Level 1 Infraction after intervention
  • Verbally or physically dishonoring a fellow scholar (which includes, but is not limited to, teasing, name calling, being rude, mocking, etc.)
  • Verbally or physically dishonoring faculty, staff, or other Success Academy community members (which includes, but is not limited to, being rude, disobeying instructions, etc.)
  • Using school equipment (e.g. computers, faxes, phones) without permission
  • Bringing electronic equipment to school of any kind without school authorization (which includes, but is not limited to, cell phones, Game Boys, iPods, headphones, pagers, radios, etc.)
  • Unauthorized possession or use of a cell phone
  • Failing to follow directions
  • Failing to complete work
  • Being off-task
  • Arriving late to school/class and/or violating school attendance policy
  • Violating the Dress Code
  • Being unprepared for class (which includes, but is not limited to, failing to bring a pencil, not completing homework, etc.)
  • Wearing clothing or other items that are unsafe or disruptive to the educational process
  • Failure to obtain signatures for required assignments
  • Disrupting class or educational process in any way at any time (which includes, but is not limited to, making excessive noise in a classroom, failing to participate, refusing to work with partners, etc.)
  • Leaving the recess area during recess without permission from an authorized adult
  • Being in an off-limits location without permission
  • Failing to be in one’s assigned place on school premises
  • Getting out of one’s seat without permission at any point during the school day
  • Going to the bathroom without permission or at undesignated times
  • Making noise in the hallways, in the auditorium, or any general building space without permission
  • Inappropriate noise levels in lunchroom, gym, and during arrival and dismissal
  • Engaging in unsafe behavior, failing to use recess equipment properly, or failing to follow directions during recess
  • Excluding classmates in games/activities during recess
  • Littering on school grounds

Range of School Responses, Interventions, & Consequences for Level 2 Infractions

  • Scholar is reminded of appropriate behavior and task at hand
  • Scholar is given a verbal warning
  • Removal from classroom for ”Time Out” outside of the classroom (administrator’s office)
  • Student-Teacher-Parent conference
  • Student-Parent-Administrator Conference
  • In-school disciplinary action (which includes, but is not limited to, exclusion from recess, communal lunch, enrichment activities, sports, school events, trips, or activities)
  • Verbal or written apology to community
  • In-school suspension (possibly immediate) in a buddy classroom
  • Out-of-school suspension (possibly immediate)
  • Other consequences/responses deemed appropriate by school (including, but not limited to, extended suspension for a fixed period or expulsion)

Level 3 Infractions

  • Committing a Level 2 Infraction after intervention
  • Dishonoring a fellow scholar using profanity, racial slurs, or any foul or discriminatory language
  • Dishonoring a faculty, staff, or other Success Academy community member using profanity, racial slurs, or any foul/discriminatory language
  • Disobeying or defying school staff or any school authority/personnel
  • Using profane, obscene, lewd, abusive, or discriminatory language or gestures in any context (which includes, but is not limited to, slurs based upon race, ethnicity, color, national origin, religion, gender, sexual orientation, or disability)
  • Posting or distributing inappropriate materials (which includes, but is not limited to, unauthorized materials, defamatory or libelous materials, or threatening materials)
  • Violating the school’s Technology and Social Media Acceptable Use Policy (which includes, but is not limited to, using the Internet for purposes not related to school/educational purposes or which result in security/privacy violations)
  • Forgery of any kind
  • Lying or providing false or misleading information to school personnel
  • Engaging in any academic dishonesty (which includes, but is not limited to, cheating, plagiarizing, copying another’s work, or colluding/fraudulent collaboration without expressed permission from a school authority)
  • Tampering with school records or school documents/materials by any method
  • Falsely activating a fire alarm or other disaster alarm
  • Making threats of any kind
  • Claiming to possess a weapon
  • Misusing other people’s property
  • Vandalizing school property or property belonging to staff, scholars, or others (which includes, but is not limited to, writing on desks, writing on school books, damaging property, etc.)
  • Stealing or knowingly possessing property belonging to another person without proper authorization
  • Smoking
  • Gambling
  • Throwing any objects
  • Engaging in inappropriate or unwanted physical contact
  • Fighting or engaging in physically aggressive behavior of any kind (which includes, but is not limited to, play fighting, horsing around, shoving, pushing, or any unwanted or aggressive physical contact)
  • Leaving class, school-related activity, or school premises without school authorization
  • Repeatedly failing to attend class, school, or any school activity or event and/or repeatedly violating school attendance policy

Range of School Responses, Interventions, & Consequences for Level 3 Infractions

  • Sent to principal/school administrator
  • Loss of classroom/school privileges
  • Additional assignments which require scholar to reflect on behavior in writing or orally (depending on grade)
  • Call home to parents/guardians
  • Removal from classroom or “Time Out” outside of the classroom (administrator’s office)
  • Student-Parent-Administrator Conference
  • In-School disciplinary action (which includes, but is not limited to, exclusion from recess, communal lunch, enrichment activities, sports, school events, trips, or activities)
  • Verbal or written apology to community
  • Staying after school or coming in on Saturdays
  • In-school suspension (possibly immediate) in a buddy classroom
  • Out-of-school suspension (possibly immediate)
  • Other consequences/responses deemed appropriate by school (including, but not limited to, extended suspension for a fixed period)
  • Expulsion

Level 4 Infractions

  • Committing a Level 3 Infraction after intervention
  • Repeated in-school and/or out-of-school suspensions
  • Exhibiting blatant and repeated disrespect for school code, policies, community, or culture
  • Engaging in gang-related behavior (which includes, but is not limited to, wearing gang apparel, making gestures, or signs)
  • Destroying or attempting to destroy school property
  • Engaging in intimidation, bullying, harassment, coercion, or extortion or threatening violence, injury, or harm to others (empty or real) or stalking or seeking to coerce
  • Engaging in behavior that creates a substantial risk of or results in injury/assault against any member of the school community
  • Engaging in sexual, racial, or any other type of harassment
  • Possessing, transferring, or using drugs, alcohol, or controlled substances
  • Participating in an incident of group violence
  • Possessing a weapon
  • Charged with or convicted of a felony

Range of School Responses, Interventions, & Consequences for Level 4 Infractions

  • Sent to principal/school administrator
  • Loss of classroom/school privileges
  • Additional assignments that require scholar to reflect on behavior in writing or orally (depending on grade)
  • Call home to parents/guardians
  • Removal from classroom or “Time Out” outside of the classroom (administrator’s office)
  • Student-Parent-Administrator Conference
  • In-school disciplinary action (which includes, but is not limited to, exclusion from recess, communal lunch, enrichment activities, sports, school events, trips, or activities)
  • Verbal or written apology to community
  • Staying after school or coming in on Saturdays
  • In-school suspension (possibly immediate) in a buddy classroom
  • Out-of-school suspension (possibly immediate)
  • Other consequences/responses deemed appropriate by school (including, but not limited to, extended suspension for a fixed period)
  • Expulsion

The PDF of the relevant pages is here

I would appreciate your subscribing to this blog….

Thanks,

John

ARNE DUNCAN’S LEGACY

I was as surprised as anyone when Arne Duncan announced he was resigning as Secretary of Education. In retrospect, two obvious clues were staring us in the face: His family had moved back to Chicago, and he had hired John King, the former Commissioner of Education in New York and his education soulmate, to be his close advisor and assistant.  (King will succeed him, as Acting Secretary.)

Arne Duncan departs with quite a track record, clearly the most powerful Secretary of Education since the Department was created in the Carter Administration.  He took on for-profit colleges, he pushed hard for early childhood education and access to technology, and he spoke forcefully on issues that were only peripherally related–if at all–to education, such as gay marriage and gun violence.  He had the President’s ear and his trust. That, and Duncan’s remarkable basketball skills, displayed often, put education front and center.  That’s all good, a legacy to be proud of.

As CEO of the public schools in Chicago, Duncan had chafed under the directives of “No Child Left Behind” and its hundreds of pages of regulations.  I thought the lesson of NCLB was inescapably clear: Washington cannot run public education. However, Democrats, including Secretary Duncan, apparently reached a different conclusion: “Perhaps REPUBLICANS cannot run public education, but we can.”

So that’s another aspect of Arne Duncan’s legacy: Republicans and Democrats fight about everything else, but they agree that Washington is exerting too much influence over public education. The next federal legislation–if it should ever pass–will shift power back to the states, and the next Secretary of Education will arrive with wings clipped, unless Congress continues to fail to replace No Child Left Behind.

Because of Duncan, the next Secretary won’t have much money to play with either, because Congress will never again issue a blank check.  The ‘great recession’ bailout gave Duncan about $4.5 BILLION in discretionary money, dollars he used to create his “Race to the Top” program.

When that was announced, I called his Assistant Secretary for Communication, the smart and likable Peter Cunningham, to suggest that the Department allow us behind-the-scenes access, to document the process.  Cunningham grasped that this could insulate the Administration from criticism; after all, if the NewsHour reported it, how could anyone argue that it was a rigged game.  Peter said I should come to Washington to meet with the Secretary, which I did.  He signed on, and we began taping immediately.  Within hours, the project was aborted because, we were told, the Department’s top lawyer feared that opening this one unique process would set a precedent and therefore make all deliberations subject to review by the press (using the Freedom of Information laws).

I was disappointed, of course, because it would have been revealing to learn the ins and outs of Race to the Top, particularly how its criteria were decided upon.

You recall that Race to the Top established four criteria that states had to meet to qualify for the (much needed) money: better data, more charter schools, higher standards (i.e., the Common Core), and test-based accountability. That last innocuous sounding phrase means relying heavily student test scores to judge (and perhaps) fire teachers.  Dr. Terry Holland, who recently stepped down as Kentucky’s State Superintendent, calls that Duncan’s worst decision, and many agree.

The Secretary was fond of pointing out that, while most states did not get Race to the Top money, nearly all of them fell in line and changed their behavior, adopting his four criteria.  He had real power, probably more than all the previous Secretaries combined.

What if he had used that power differently?  What if the Secretary had told states that they would be evaluated on their commitment to art, music, science, and recess? Or to project-based learning?  Or social and emotional learning? Instead of today’s widespread teacher-bashing, excessive testing, test-prep, and a rash of cheating scandals, many more schools might be places of joy.

As he prepares to leave, I am struck by how much he seemed to change over the years.  When we produced a NewsHour profile of the new Secretary not long after his swearing in, he was comfortable and accessible.  Asked a question, he would answer it. No obvious list of ‘talking points’ and no obviously taboo topics.  Within a short time, however, (after some professional training, I assume), he had become accomplished at staying ‘on message.’ He knew how to dodge questions. He was skilled at taking one question and answering another, usually at great length.  In short, he became a frustrating interview, still likable, but dull.  Because he seems to be a genuinely interesting and nice person, I wonder about the price he paid for this transformation.

So rarely did he go off message that it became headline news when he slipped with a comment about white suburban moms and what he said was their unrealistic view of their children’s intelligence.

Some months ago The NewsHour approved my suggestion for a sit-down interview with the Secretary, a conversation about what he’d learned, what he saw coming down the pike with the Common Core, and so on.  Knowing his penchant for long answers, I told his PR people we’d need 45 minutes with him, and they initially agreed.  A week or so later we got the word that we’d have 30 minutes, and a few days later the time got whittled down further.   Instead we produced a feature piece about the Secretary and his influence over public education. We interviewed his critics on the left and right and an independent analyst with no skin in the game, to go along with our 15 or so minutes with Secretary Duncan.  I’m proud of the resulting piece, but we were basically frozen out by the Department from that point on.