Charter Schools: The Vision of their Founders vs. Today’s Reality

Charter school operators and advocates persistently brand charter schools as “public charter schools” even though charter schools are, by definition, always privately managed. However, operation is paid for with tax dollars appropriated by 44 of the state legislatures along with some federal investment and the diversion of school district dollars.

The people who proposed the idea of charter schools 30 years ago imagined how these schools would work and what would be the widespread result for children. What if we compare what the founders of charter schools imagined with today’s reality?

The Thomas Fordham Institute is a sponsor of charter schools and one of the nation’s prominent cheerleaders for these institutions. Chester Finn, president emeritus of the Fordham Institute and Bruno Manno, an emeritus member of Fordham’s board and an advisor to the Walton Foundation, recently celebrated the history of charter schools on their 30th anniversary.  Finn and Manno praise Ted Kolderie, who enthused about charter schools in a 1990 report for the Minnesota Center for Policy Studies. Describing Kolderie as “arguably the foremost theoretician of chartering,” Finn and Manno quote his report:

“(O)ur system of public education is a bad system. It is terribly inequitable. It does not meet the nation’s needs. It exploits teachers’ altruism. It hurts kids. Instead of blaming people…we need to fix the system [and] organize public education in America on a new basis. The proposal outlined in this report is designed to introduce the dynamics of choice, competition and innovation into America’s public school system. How can we use the powerful idea of choice to improve our schools while retaining the essential purposes of public education? This report proposes a simple yet radical answer: allowing enterprising people—including teachers and other educators—to… create new public schools, and ultimately a new system of public education, [by having] the states…simply withdraw the local districts’ exclusive franchise to own and operate public schools. [We need to undertake] divestiture, or allowing the districts to get out of running and operating public schools altogether.”

Now, 30 years later, Finn and Manno brag about what they believe are charter schools’ strengths:

  • “The best charters consistently make greater student achievement gains than traditional public schools.”
  • “Chartering has… pioneered new forms of governance for public education, including statewide Recovery School Districts that restart low-performing schools as charter or charter-like schools….”
  • “Other charter-inspired governance models include ‘portfolio’ districts’… where districts transfer school governance to independent nonprofit organizations…”

They conclude: “Through a combination of choice, competition, and innovation, chartering has bettered the academic and life outcomes of K-12 students, thereby reducing inequality, widening opportunity, strengthening parents, and enhancing civil society.  These are remarkable accomplishments for a thirty-year period, worth protecting and cultivating… When dealing with so many complex institutions across so many different jurisdictions, the challenges of politics, resources, talent, and implementation were sure to be profound.  And when what’s being changed contains as many ingrained practices, hidebound regulatory regimes, and vested interests as American public schooling, these trials are even greater.”

Finn and Manno share a number of reforms they would like to see in charter schools: more attention to authorizing and quality control, need for more funding, and insufficient autonomy.  While they allege that the best charters improve student achievement, they don’t explore the problems with the academic studies they cite.  Neither do they discuss how few “best” charters there are in a sector where charter schools differ from each other and run the gamut of quality. They admit that, “charter promoters have sometimes been naive, occasionally self-interested, and often set in their ways.”

Now that charter schools have been around for 30 years, however, there is significant research demonstrating a whole range of problems on the ground, problems which Kolderie never imagined and which Finn and Manno neglect to mention.

First is the role of money and the absence of sufficient regulation in a sector which has been invaded by for-profit management and where 44 state legislatures, who are subject to lavish lobbying by charter sponsors and advocates, have failed to provide adequate oversight. After all, Kolderie defined  the very purpose of charter schools as escaping the constraints of public bureaucracy.  Jacobin Magazine published a recent interview with, Carol Burris, the executive director of the Network for Public Education, which recently published a report, Chartered for Profit Jacobin‘s reporter asked Burris how it is that so many charter schools—which state laws require to be sponsored by and operated as nonprofit organizations—have become the source of massive profits their operators.  Here is her reply:

“The original charter is secured by the nonprofit, which gets federal, local, and state funds, and then the nonprofit turns around and gives those funds to the for-profit company to manage the school… Now, some of these for-profits only provide a limited amount of services.  But an awful lot of them, especially some of the big chains like National Heritage Academy, operate using what is known as a ‘sweeps’ contract. The reason they’re called that is the for-profit operator sweeps every penny of the public money that a charter school gets into the for-profit management company to run the school. The for-profit then either directly provides services, from management services to cafeteria services, or they contract out with another for-profit company to provide services.  Either way, the goal is to run the charter school in such a way that there’s money left over. And the more money they save by doing things like hiring unqualified teachers and refusing to teach students with special needs, the more money is left at the end of the day.”

It is worth pointing out the irony that we would all be shocked if we discovered the principal of our public high school or our school district’s superintendent profiting from our tax dollars. While such activity is illegal in public schools, money in the charter school sector is handled very differently. Burris explains: “Individuals can become very wealthy if they run charter schools, whether for-profit or nonprofit. Eva Moskowitz, who’s in charge of Success Academy Charter Schools in New York City… pulls down a salary of nearly $1 million a year.  By comparison, the New York City public schools chancellor makes about $250,000 a year.” Burris continues: “A lot of this is possible simply because there’s so little oversight.  I was a public school teacher and then a high school principal.  Purchases had to go out to bid, and everything was very transparent.  I couldn’t contract with my Uncle Louie’s furniture company to buy desks. But you can in the charter school world… The charter school lobby says that this model is necessary for innovation. But what is it about the ability to commit fraud and avoid transparency that helps you to be more innovative?  The innovation that we’re seeing too often, sadly, is criminal manipulation.”

Second is the problem that charter schools are parasites on the public school districts where they are located. In some states, as was the case until recently in Ohio, school districts have to pay an additional charter school tuition fee right out of their own budget when children leave for a charter school.  But even in states where public school districts merely lose the state’s per-pupil basic aid when each child leaves, the school district suffers financially.  In a study published by In the Public Interest, economist Gordon Lafer documents that charter schools undermine the fiscal viability of Oakland, California’s public schools by pulling away $57.3 million annually in state per-pupil public school enrollment reimbursements: “To the casual observer, it may not be obvious why charter schools should create any net costs at all for their home districts…  When a new charter school opens, it typically fills its classrooms by drawing students away from existing schools in the district…  If, for instance, a given school loses five percent of its student body—and that loss is spread across multiple grade levels, the school may be unable to lay off even a single teacher… Plus, the costs of maintaining school buildings cannot be reduced…. Unless the enrollment falloff is so steep as to force school closures, the expense of heating and cooling schools, running cafeterias, maintaining digital and wireless technologies, and paving parking lots—all of this is unchanged by modest declines in enrollment.” At the same time, charter schools are less likely to enroll students with expensive special needs, which concentrates children who need expensive extra investment in their education in district public schools.

Third, neither the federal government nor the states have consistently protected students’ rights in charter schools.  For example, New York City’s Success Academy Charter Schools has established a reputation for a regimented, no-excuses school culture. For years, however, parents have complained that instead of helping students thrive, the school has established a pattern—for children who don’t fit the school’s culture or for children whose test scores will likely bring down the school’s overall average—of severely punishing the students or repeatedly suspending them until their parents pull them out of the school.  In March, Success Academies was fined $2.4 million by a federal district court for violating students’ rights: “Charter school network Success Academy, which touts its commitment to children ‘from all backgrounds,’ has been ordered to pay over $2.4 million on a Judgment in a case brought by families of five young Black students with learning and other disabilities who sued after the children were pushed out of a Success Academy school in Brooklyn.  Success Academy’s efforts to oust the children even included the creation of a ‘Got to Go’ list, as reported by the New York Times in October 2015, which singled out the students they wanted to push out, including the five child plaintiffs.”

And especially in the South, charter schools have too often violated students’ rights by increasing racial segregation. A 2017 study—by researchers Helen F. Ladd, John B. Holbein and Charles T. Clotfelter of Duke University reported:  “(W)e find that the state’s charter schools, which started out disproportionately serving minority students, have been serving an increasingly white student population over time. In addition, during the period, individual charter schools have become increasingly racially imbalanced, in the sense that some are serving primarily minority students and others are serving primarily white students.”

Thirty years after the first charter school in Minnesota, there is finally some support in Congress to begin reining in some of the most outrageous for-profit charter chains. The House Budget Resolution would disqualify charter schools managed for-profit from the U.S. Department of Education’s Charter Schools Program.

Chester Finn and Bruno Manno have been promoting the same lies for decades. Advocates need to continue to push hard to force the U.S. Department of Education, Congress, and legislators across the states to see what’s wrong with the glossy ideology that has blinded so many.

Eva Moskowitz Likely to Continue Plaguing the Recently Re-Elected NYC Mayor Bill de Blasio

On the morning after the recent election, POLITICO New York Education reminded us that newly re-elected New York City Mayor Bill deBlasio had delayed important education decisions until after the election.  POLITICO‘s Eliza Shapiro and Keshia Clukey point readers to an upcoming and likely contentious fight about expanding the co-location of charter schools into public schools, a battle NYC’s charter school diva, Eva Moskowitz is ready to launch.

You can read about Eva Moskowitz in a clever and entertaining review in The Nation of Eva’s new memoir, The Education of Eva Moskowitz.  Megan Erickson, a NYC public school teacher and the book’s reviewer quotes Eva describing her own belief in controversy on behalf of her Success Academy Charter Schools: “If the day ever comes when I think something is okay simply because district schools do it, I hope my board fires me… To achieve excellence, one must fight such compromise with every fiber of one’s being.”

Erickson continues, “‘Excellence’ is subjective, but the test scores from Success’s students are not. In August, the network of 46 charter schools announced that its students—predominantly children of color from low-income families—had outpaced some of New York State’s highest-performing (and wealthiest) districts on math and reading tests.  Of course, those numbers come with a caveat: Success serves fewer students who are still learning English and students with disabilities than do traditional public schools, and it serves very few students with severe disabilities… But facts don’t get in the way of the sense of righteousness that animates Moskowitz’s story.”

In her review of Eva Moskowitz’s new book, Erickson summarizes what she believes are the fatal flaws in Moskowitz’s project—an alignment with wealthy hedge fund managers John Petry, Joel Greenblatt, and Dan Loeb, along with Don Fisher of The Gap and J. Crew, and the Walton and Broad Foundations to provide an escape from public schools for poor children in NYC who are able along with their parents to meet Success Academies’ demands:

“What does it mean for parents and their children to be ‘consumers’ of education, selecting from an array of options subsidized by billionaire benefactors? Some Success families would find out the hard way. Unlike in district schools, students at Success Academy are required to keep logs of their hours that their parents have read to them at home. Poor parents, Moskowitz insists, ‘can support their kids in school, if it is demanded of them.’ And if the demands don’t work, shame will.  She recalls getting one parent to cooperate by inviting the woman’s mother, who ‘seemed… more responsible,’ to a meeting about her son’s progress. Forget the paternalism of this scene for a  second—Moskowitz’s belief that achievement is more about morals than material circumstances hinders her ability to serve families who, regardless of their intentions,  simply can’t meet the requirements.”

Erickson describes parents working several jobs, for example, and wonders:  “When… parents are forced to disenroll their children because they can’t meet the school’s demands for reading time at home, is it really a choice?  And when students with special needs leave because they weren’t given appropriate accommodations by the school, or were suspended for minor infractions… is that a choice?… District schools, run by the New York City Department of Education do not have the option of sending children with behavioral issues or special needs elsewhere—nor should they, since the United States has consistently affirmed by law that it is the responsibility of public schools to educate all students in the least restrictive environment possible… But even charter schools with a lottery system ‘choose’ students indirectly by limiting the services they provide or by instituting demanding requirements for parental involvement. This is an important part of Success Academy’s seeming success….”

Erickson highlights instances when students’ rights have been violated at Success Academies: “At the state level, children have a constitutionally guaranteed right to a free education. Repeated suspensions, or suspensions lasting 45 days—as yet another Success Academy student with special needs received this past spring—are a violation of that right.  They’re also discriminatory…. (T)he hard truth of ‘school choice’ is that it leaves families with a multitude of options but few rights.”

POLITICO predicts that the issue of co-location of charter schools into public school buildings that continue to house public schools will re-emerge now that Mayor deBlasio has been re-elected.  You may remember that, as the NY Times reported in the spring of 2014, under pressure from Moskowitz and her allies, Governor Andrew Cuomo and New York’s state legislature guaranteed that New York’s public school districts will provide free space in public schools or rent paid in private facilities for charter schools:  “Most significantly, the legislation would require the city to find space for charter schools inside public school buildings or pay much of the cost to house them in private space. The legislation would also prohibit the city from charging rent to charter schools, an idea Mr. de Blasio had championed as a candidate for mayor.”

In his new book about NYC’s Mayor Bill deBlasio, Reclaiming Gotham, Juan Gonzalez, 29-year New York Daily News reporter and the co-host of Democracy Now, describes the problems NYC public schools have endured in past years around co-location: “Moskowitz was at the center of many of those wars, inevitably demanding more space as her schools grew, with the Success Academy section of any building then routinely remodeled with new furniture, paint, bathrooms, and computers, while the traditional public school remained dingy and run-down, the students and teachers feeling like second-class citizens in their own building.” (p. 239)

Gonzalez summarizes his experience over the years reporting on Moskowitz and her schools: “In a series of Daily News columns from 2009 to 2016, I documented the combative style of Success Academy toward traditional public schools, as well as the network’s far higher rate of suspending children with behavior problems, and its pushing out of special needs children. But Success Academy has repeatedly defended its ‘zero tolerance’ approach for students who misbehave, with Moskowitz claiming her schools use ‘an appropriate disciplinary and restorative approach….’  Moskowitz continued to receive tens of millions of dollars from the nation’s financial elite while spending exorbitant amounts of money on a massive campaign to market and solicit applications to her schools to, in her own words, increase market share, all while paying herself a hefty salary that in 2015 exceeded $600,000 annually.” (pp. 239-240)