Jea Street Threatens To Sue Delaware If WEIC Bills Don’t Pass

“When it comes to justice for children of color in the city, it has never been the General Assembly, it has always been the courts or the federal government that acts,” Street said.  “I don’t think this is going to be any different.”

Civil rights advocate Jea Street told the News Journal he will sue the state of Delaware if the Wilmington Education Improvement Commission’s redistricting plan doesn’t pass.  The Delaware General Assembly has a limited amount of time to act on the plan.  There are six more voting days in the House of Representatives and nine in the Senate.  One of the bills was released from the House Education Committee but two others haven’t been heard yet.  If the bills pass the House, they must go to the Senate Education Committee.  Time is running out but so is the patience of advocates like Street.

Most other states have created systems that give extra funds to high-poverty schools, but Delaware’s system, he says, assumes a school in a violence- and poverty-wracked neighborhood can operate with the same resources as a school in a quiet, wealthy suburb.  “You talk to any expert, they’ll tell you that’s not how it works,” Street said.

Street was front and center during the press conference announcing the American Civil Liberties Union lawsuit against the state and Red Clay Consolidated.  I haven’t heard Street talk about that lawsuit since it was announced.  That lawsuit alleged Delaware and Red Clay allowed charter schools to use discriminatory practices for enrollment purposes citing schools such as Charter School of Wilmington, Newark Charter School and Sussex Academy.  I don’t see him beating on that drum anymore.  That lawsuit has been lingering for over a year and a half while the Office of Civil Rights stalls on the investigation.  I have to wonder why the News Journal doesn’t talk about that when they are writing an article about discrimination in Wilmington.

On the other hand, I agree with Street.  Delaware passes the baton to the courts or the feds when things don’t change in the General Assembly.  But when the article talks about the schools in Wilmington being operated by districts in the suburbs, the Wilmington schools will still be handled by a district from the suburbs.  The inequities he is talking about will still be there, but they will be more concentrated in one district.  From what I’m hearing, the Education Funding Improvement Commission report is delayed and may not be out by June 30th.  Having gone to one of the meetings, no one could seem to agree on any one viable strategy.  I’ve found Delaware likes to talk about education… a lot!  But when it comes time to make the crucial decisions, everyone sits like a deer in the headlights.  In the meantime, children suffer.  We spend tons of money on research and reports but we don’t do anything with it.  We had that huge Statewide Review of Educational Opportunities.  The DOE paid Public Consulting Group somewhere around $50,000 to do that report.  And what do we  have to show for it?  Absolutely nothing.  It is money that could have been used on something viable, like an extra teacher in one of these schools.  Instead we piss away money on absolute nonsense!

Federal Guidance States Specific Interest Is Not An Enrollment Preference For Charters, Delaware In Violation

“A charter school may weight its lottery to give slightly better chances for admission to all or a subset of educationally disadvantaged students if State law permits the use of weighted lotteries in favor of such students.”

Early College High School, the new charter school that opened in Dover, DE this academic year submitted a request for a major modification.  On February 2nd, they had their meeting with the Charter School Accountability Committee.  What happened at this meeting looks like it took the Charter School Accountability Committee completely by surprise.  It turns out, Federal charter school law does not allow specific interest as an enrollment preference for admission to a charter school.

Early College High School’s major modification request was to change their enrollment preference to take out both the specific interest clause and weighted enrollment preference for the children of any of the school’s founders.  The school said they were applying for a Federal grant through the non-SEA Charter School Program, and found out through the US Department of Education that specific interest is not an allowable enrollment preference for any charter school in the country.  They wanted this modification to be in alignment with Federal practices.

I looked for this, and found out that yes, specific interest is not an allowable enrollment preference under any circumstances.  And this is based on Title VI of The Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of The Americans With Disabilities Act of 1990, and Section 5204 (a) (1) of The Elementary and Secondary Education Act of 1965.

This is all written out in the Charter School Program non-regulatory guidance document from Fiscal Year 2014, with Section E, pages 17-22 giving all the details.

So now my question would be how in the world would the two charter school authorizers in the State of Delaware not know this?  Those would be the Delaware Department of Education and Red Clay Consolidated School District.  Who gives these authorizers legal guidance?  How many students in Delaware were picked for charter schools under the specific interest clause and how many students were turned away because they did not pick it?

Ironically, Delaware state law grants permission for the specific interest clause.  It allows the following enrollment preferences for charter schools:

  • Students residing within a five-mile radius of the school
  • Students residing within the regular school district in which the school is located
  • Students who have a specific interest in the school’s teaching methods, philosophy or educational focus
  • Students who are at risk of academic failure
  • Children of persons employed on a permanent basis for at least 30 hours per week during the school year by the charter school.Preference may also be given to siblings of current students and students attending a public school that is converted to charter status. Children of founders may also be given preference up to 5 percent of the school’s total student body.

The most noteworthy charter school in Delaware that utilizes the specific interest category is the Charter School of Wilmington.  This is one of the three named schools in the ACLU lawsuit against Delaware Department of Education and Red Clay Consolidated, along with Newark Charter School and Sussex Academy of Arts and Sciences.  Newark Charters School actually grants the school director discretion to pick applicants before the lottery.

Even the National Alliance for Public Charter Schools gave Delaware a bad rating in this category for their national state rankings report for charter schools, found here: http://www.publiccharters.org/get-the-facts/law-database/states/DE/

Stemming out of Delaware’s House Bill 90, State Rep. Kim Williams created the enrollment preference task force which is still in force.  The next meeting will be very interesting given this information.

 

 

Why Am I Always Picking On Delaware Charter Schools?

The obvious answer to my title would be “because it’s easy”.  It’s not like I create these stories.  They do it themselves.  I just bring them to light for all of Delaware to see.  Take Prestige Academy, and their board meeting at a tavern where they didn’t have a quorum and voted on stuff anyways.  I couldn’t make this stuff up if I tried.  I knew Jack Perry was “resigning”, so I thought I would see what their board minutes say.  I wasn’t looking for anything sinister.  By the time I got to their board minutes, and I saw what I saw, it was just another example of a Delaware charter school doing whatever the hell they want, regardless of the law.

I get a great deal of flack on Kilroy’s Delaware in the comments section when I say something negative about charters.  There’s one guy named Publius.  You would think the charters could no wrong, and because the ability for “choice” is out there, it is the charters God-given right for any type of pre-assessment before a prospective student is selected.  Another guy, named lastDEconservative, will side with Publius every chance he gets.  They have their opinion, and I have mine.  But because I want to try to help people, I have a big head and I won’t agree with anyone’s opinion but my own.  Or so they say.  I think they are hoping I will just go away, but that just encourages me to fight harder. Continue reading

Delaware House of Representatives Planning Charter Moratorium Bill For Wilmington

Thank you to Avi Wolfman-Arent from Newsworks for reporting on this! Read all about it here: http://www.newsworks.org/index.php/local/delaware/77605-charter-moratorium-bill-coming-to-delaware-house

Avi said it all, but I am not shocked.  Could this derail any priority school plans if it passes?