We strongly oppose the inclusion of this requirement, which is not authorized by the statute. The Department bases this proposal on a desire “to provide transparency.” (No further justification is provided in the NPRM.) We, too, support greater transparency, regarding both charter and non-charter schools, but this requirement would result in the reporting of misleading data. Moreover, the proposed requirement appears to be based on the premise that charter schools should look the “same” as district public schools in close proximity, when by definition charter schools are open enrollment. Lastly, the proposed requirement that is not in the statute, and would not equally apply to all public schools – only charter schools would be included.
The National Association for Public Charter Schools gave a very long public comment for the draft regulations put forth by the United States Department of Education and Secretary John King. Even they aren’t happy with parts of these regulations. Many felt the Every Student Succeeds Act gave gifts to the charters, but apparently the charters do not like some of these regulations.
The most important question is not who is enrolled in a charter school; it is whether all students and families who may wish to enroll have the opportunity to enroll – only then is the parent’s choice a meaningful one. The comparison data that the Department is asking for would not reflect this factor because the data would confuse and conflate the decision to enroll with the opportunity to enroll. As such, comparison data may be one indicator of meaningful access but comparison data are not the correct, best or only frame with which to evaluate equity.
I find some of their statements very ironic. Especially for some charter schools in Delaware where the opportunity to enroll is buried in selective enrollment preferences and factors that lead to very low populations of at-risk students: African-Americans, students with disabilities, and English Language learners. So much so that the American Civil Liberties Union filed a complaint with the Office of Civil Rights in December, 2014.
Like some charters in Delaware, this collection of America’s largest charter school organizations and franchises want to cherry-pick through the regulations to insert additional language in the Every Student Succeeds Act. This is the one that disturbs me the most:
We recommend that the Department revise proposed section 200.24(d)(2), by adding a new clause (iii) reading as follows:
“(iii) Using funds that it reserves under section 1003(a), directly provide for the creation of new, replicated, or expanded charter schools to serve students enrolled in schools identified for comprehensive support and improvement, and other students in the local community, provided that:
“(A) The SEA has the authority to take such an action under State law or, if the SEA does not have that authority, the SEA has the LEA’s approval to use the funds in this manner; and
“(B) Such charter schools will be established and operated by non-profit entities with a demonstrated record of success (particularly in serving students from communities similar to those that would be served by the new charter schools), which the State shall determine through a rigorous review process.”
This language would be consistent with other provisions of the proposed regulations that support the concept of making charter school options available to students who would otherwise be enrolled in low-performing schools. It would take a different approach than just authorizing conversions, by making it possible for students enrolled in comprehensive support and improvement schools (as well as other students in the neighborhood or local community) to have the opportunity to transfer to a charter school run by a highly successful operator. We emphasize that the language would allow an SEA to use section 1003 funds for this purpose with the approval of the affected LEA, unless state law gives the SEA the authority to take such an action without LEA approval. (It would thus be somewhat parallel to the language currently in section 200.24(d)(2) allowing the SEA, with the LEA’s concurrence to provide school improvement activities through external partners). We strongly recommend that the Department adopt this recommendation.
I have no doubt you strongly recommend the Department inserts this into the law. We have yet to see, based on equal demographics, that charter schools do better than traditional public school districts. There are many charter schools that seem to work merely as rigor universities for high achievement on state assessments, but that is not a true barometer for student success which has been proven time and time again.
To read the rest about what the charters want and ALL the organizations and charters that signed this comment, read the entire document below: