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Charter Backers Blast Ed Dept. Proposal That Could Curb Sector鈥檚 Growth

Jovan Davis, Jr., 11, center, attends a middle school in the Friendship Public Charter Schools network in Washington, D.C., one of many serving a predominantly Black student population. (Astrid Riecken / Getty Images)

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Social Justice School, located in a diverse northeast Washington neighborhood, opened in August 2020. Founder Myron Long鈥檚 vision for the charter school is to prepare students for both good jobs and community activism.

But first his staff had to respond to the 鈥減andemic鈥檚 aftershocks,鈥 including student learning gaps and parents鈥 loss of work. Now with 106 students 鈥 99% of them Black and Latino 鈥 the school has leaned on a $1 million grant from the federal Charter Schools Program for new technology, curriculum materials and furniture.

Schools like Long鈥檚 could have a much harder time getting off the ground if the Biden administration鈥檚 plans to revamp the $440 million grant program become final. The U.S. Department of Education鈥檚 would give preference to charters that districts view as potential partners and discourage new applications in communities with voluntary integration efforts. And if districts are losing enrollment 鈥 as they are in D.C. 鈥 new charter schools might not be well-received. 

鈥淎s a Black male who leads a single-site school in Washington D.C., this is extremely concerning,鈥 Long said. 

The rule could significantly alter a program that has given a boost to almost 4,100 existing charter schools 鈥 roughly 53%, according to the department. like KIPP and Success Academy Charter Schools are among the grantees.

Nina Rees, CEO of the National Alliance for Public Charter Schools, said the funds help launch new charters, which typically don鈥檛 receive state and local funding until they begin admitting students. The program is especially important for 鈥渁spiring school leaders of color鈥 who might not have financial backing from a foundation, she said. 

With nearly 65% of charters being single-site schools, Rees added, “these proposed regulations are a direct attack on new schools like this.鈥

Nina Rees (National Alliance for Public Charter Schools)

Congress has taken note of the backlash. North Carolina Rep. Virginia Foxx, ranking member of the House education committee, said in a statement that the 鈥渁dministration is manufacturing authority it doesn鈥檛 have to add unworkable requirements to these charter school grants.鈥 On Monday, the department to comment on the rule from Wednesday to next Monday after six senators for more time. In a statement to 麻豆精品, the department said the 鈥渁dministration recognizes that there is a place for high-quality public charter schools and supports continuing important investments.鈥

The debate comes amid a period of change and growth for the charter sector. Last school year, charters saw their largest jump in enrollment in six years 鈥 a 7% increase. Initial reports from states such as Alabama and Massachusetts show growth is continuing.

At the same time, Democrats have soured on charters in recent years after a long period in which they enjoyed bipartisan support. 

鈥淭he Biden administration breaks that tradition,鈥 said James Merriman, CEO of the New York City Charter School Center. 鈥淚t is clear that they looked around and decided that hewing closely to the wishes of their political patrons in the teachers unions was the way to go. Since they cannot kill us directly, they must resort to attacks on start-up funding.鈥

Advocates say the department didn鈥檛 consult with them before writing the regulation. North Carolina Sen. Richard Burr鈥檚 letter noted that the department turned down his staff鈥檚 request to meet. 

鈥淚t doesn’t feel like charter school leaders are a valued part of the process,鈥 said Sonia Park, executive director of the Diverse Charter Schools Coalition, which promotes efforts to create charters that are more racially balanced. As written, the regulations would 鈥渕ake it very challenging for even a diverse charter to get approval if enrollment is declining in a district,鈥 she said.

She pointed to Prospect Schools in Brooklyn, New York, which opened in September 2020, and Atlas Public Schools in St. Louis, which opened last fall. Both designed their schools to reflect the make-up of their communities, but because enrollment is declining in their , the schools 鈥渨ould have had extreme difficulty in being approved鈥 today, she said.

The department stressed that U.S. Secretary of Education Miguel Cardona spoke last year at the National Charter Schools Conference and has gathered input from charter leaders throughout the pandemic. 

U.S. Secretary of Education Miguel Cardona (Getty Images)

One organization the department heard from was The Century Foundation, a progressive think tank that in 2019 for ways the program could promote integration. Halley Potter, a senior fellow at Century and a co-author of the report, said she had a call with the education department before the draft of the rule was issued March 14.

Her report cited showing that charters are more likely than district schools to have student bodies that are more than half Black or Hispanic. In some pockets of the country, however, charter schools are more likely to draw higher-income, white families away from district schools, contributing to racial segregation. Studies have borne this out in and .

Derek Black, a law professor at the University of South Carolina, said in communities with long-standing integration efforts, charters often 鈥渙perate as an exit strategy for white families who are resistant  鈥 consciously or subconsciously 鈥 to more diverse environments.鈥

Potter called the department鈥檚 proposal an effort to make sure charter schools 鈥渇it in with the context of [their] local community.鈥 

鈥淚 really hope that we could see a broad base of charter supporters getting on board with this,鈥 she said.

鈥楢 lifeline鈥

The , begun in 1994 under the Clinton administration, is a competitive grant that provides funding for start-up expenses. Smaller networks have also used funds to add more schools. When Uplift Education, based in Texas, expanded from Dallas to Fort Worth, where it would serve another 2,000 to 3,000 students, the federal grant program supported planning, expanding staff and family engagement efforts, said Rich Harrison, formerly the network鈥檚 chief academic officer. 

Under the proposed rules, states applying for the funds would have to prove that there is 鈥渟ufficient demand鈥 for charters, including support from the local community and evidence that district schools have more students than they can serve. 

In districts with declining enrollment 鈥 a trend across most urban districts nationwide 鈥 new charters would face a tougher time getting approved, said Harrison, now CEO of Lighthouse Community Charter Schools in Oakland. 

鈥淭he anti-charter rhetoric in Oakland is at an all time high,鈥 Harrison said, after the district voted in February to close seven schools

Community impact

Charter opponents argue that the grant program has been a vehicle for and financially benefiting for-profit entities. In a commentary for , Carol Burris, executive director of the Network for Public Education, called the new requirements 鈥渟ensible rules of the road鈥 and downplayed the rule鈥檚 impact. 

In a comment to the department, she pointed, for example, to Torchlight Academy, a North Carolina school and grant recipient operated by for-profit Torchlight Academy Schools. The state voted in March to revoke the school鈥檚 charter, citing alleged that benefited the family operating the school. The charter is appealing the state鈥檚 decision, saying it has cut ties with the family.

The proposal would require schools receiving the grant funds to pledge that they won鈥檛 contract with a for-profit organization to assume most or all of the operation of the school. Grantees would also have to make those agreements public.

Karega Rausch (National Association of Charter School Authorizers)

Karega Rausch, president and CEO of the National Association of Charter School Authorizers, said he appreciates the focus on transparency. But he and other charter advocates have problems with a requirement that states applying for the funds conduct a 鈥渃ommunity impact analysis.鈥 Such a process would have to take 鈥渋nto account the student demographics of the schools from which students are, or would be, drawn to attend the charter school.鈥 

Rausch said local authorizers, not state officials, should be responsible for determining whether there is adequate demand for a charter school. He added that the department is sending a mixed message.

鈥淵ou can鈥檛 simultaneously say that it鈥檚 a good thing to listen to communities and families and then federally impose specific kinds of schools on communities,鈥 he said.

The education department would give preference to charter applications in which current and former educators are deeply involved in leadership and development of the schools. Another priority for the department is that districts and charter operators work together on issues such as joint teacher training or transportation. At least one district school would have to provide a letter in support of working with the charter. 

Rausch said that provision gives the districts leverage, adding that charter demand has increased because they 鈥渕eet the needs of families鈥 who feel their children aren鈥檛 being well-served in traditional schools.

鈥淲e are all in favor of collaborative efforts, but it鈥檚 got to go both ways,鈥 he said. 鈥淲e don鈥檛 want us versus them. That is old politics.鈥

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