upset

Progressive Democrats’ surprise wins in N.Y. primaries leave charter school advocates in limbo

PHOTO: Geoff Decker/Chalkbeat
N.Y. State Sen. Jeff Klein, seen at the right at a 2015 charter rally in Albany, lost his primary election in 2018.

A longstanding threat to charter school growth could become more pressing this year now that progressive Democrats are poised to claim more seats in New York’s State Senate.

More than half a dozen incumbent senators who have supported charter schools lost their primary challenges Thursday, leaving charter advocates without key allies in Albany at a time when lawmakers will have to act if many more of the publicly funded, privately managed schools are to open.

If Republicans retain control of the senate in November’s general election, the shift might not matter much: Democratic critics of charter schools won’t have the power to control legislation affecting the sector.

But if, as many observers consider probable, Democrats take control of the chamber, the ascendance of progressive candidates could spell trouble for efforts to lift limits on charter schools, known as the charter cap. While the Democratic senators who were defeated on Thursday largely backed lifting the cap, their replacements are unlikely to do so.

Right now, 28 more charter schools can get permission to open in New York City, according to the New York City Charter School Center, and those approvals are likely to happen by early 2019. If lawmakers don’t lift the cap in their next legislative session, no new charter schools will be able to get permission to open in the city unless other schools are closed. (The law allows for more schools to open in other parts of the state.)

Charter advocates were optimistic that the current legislature would raise the cap. Now, they’re concerned that next year’s lawmakers might instead grind the sector’s rapid expansion to a halt.

“Charter schools are clearly working, students are learning, parents want their kids in them,” said James Merriman, the charter center’s CEO. “We — the center and the sector — are not going to change our message or our push to eliminate the cap.”

Six of the Democratic incumbents unseated on Thursday were part of the now-defunct Independent Democratic Conference, a breakaway group that voted with Republicans on many issues, including those related to charter schools.

And many of them had received major donations from charter school supporters, including hedge fund executives Daniel Loeb and Paul Singer and the advocacy group StudentsFirstNY.

The lawmaker who led the breakaway group, Jeffrey Klein of the Bronx and Westchester County, appeared at charter school rallies and was considered a reliable counterweight to fellow Democrats who are critical of charter schools. He lost to Alessandra Biaggi, a former aide to Gov. Andrew Cuomo whose platform includes a vow to “stop siphoning money to privately run charter schools.”

Jose Peralta of Queens and Martin Dilan of Brooklyn (who had not voted with Republicans) got donations this year from StudentsFirstNY, a charter advocacy group.

Dilan was defeated by Julia Salazar, whose platform explicitly includes “maintaining the charter cap, making sure our school system remains publicly governed and controlled by all of us.”

Peralta’s challenger, Jessica Ramos, does not mention charter schools in her official platform, but she said she opposes them during a debate with Peralta, according to a Queens newspaper.

StudentsFirstNY Executive Director Jenny Sedlis said in a statement that the group would keep pushing its agenda with the newest crop of lawmakers.

“It’s clear that voters are passionate and engaged, and we are working to mobilize that energy to improve public schools and expand opportunity to more kids,” she said in a statement. “We look forward to working with electeds on all ends of the political spectrum to benefit children.”

But gaining any traction with the latest crop of state senators is likely to be a challenge for the group. Other winners of the competitive races have opposed charter school growth in New York City in the past.

John Liu, the former city comptroller, will be the Democratic nominee in the Queens district that Tony Avella has represented since 2010. As a mayoral candidate in 2013, Liu said he would charge rent to charter schools in city space — at the time considered a potentially crippling threat to the sector.

And then-City Council education chair Robert Jackson, who beat Marisol Alcantara in the senate district that includes Harlem, in 2011 sued the city to stop charter schools from opening in district buildings.

The primary winners in the State Senate are considered likely to win in November’s general election because they come from districts that have recently elected Democrats. That leaves charter advocates relieved that Cuomo, a longtime charter supporter with significant power under the state’s lawmaking process, easily fended off a challenge from actress and education advocate Cynthia Nixon — but also in limbo as they await a potential reorganization of power in Albany.

“I hope this transcends politics and who’s in and who’s out,” Merriman said. “But we’re going to have to see.”

School choice

Denver judge blocks school transportation provision added to Colorado law

PHOTO: Denver Post file
Sam Boswell, 7, all bundled up in his winter clothes, splashes his way to the school bus on May 12, 2010.

A Denver judge struck down a provision of a bill related to the education of youth in foster care that would have removed barriers to transportation for all students.

The transportation provision was an amendment added by Republican lawmakers late in the 2018 session. Soon after the bill was signed by Gov. John Hickenlooper, several Colorado school districts and the associations that represent them filed a lawsuit to block it.

In a ruling issued Friday, Denver District Court Judge David Goldberg found that the amendment violated rules in the Colorado constitution that require every bill to have a clear title that explains what the bill is about and to deal only with one subject.

The bill’s title was “Improving Educational Stability for Foster Youth,” and it seeks to improve graduation rates for foster youth by requiring child welfare officials and school districts to work out transportation to the student’s home district when that’s in the child’s best interest. It also creates flexibility around graduation requirements when students do change schools. Foster youth have the lowest four-year graduation rates in the state, much lower even than homeless youth and students whose parents are migrant workers.

The tacked-on language was added in the Republican-controlled State Affairs committee five days before the end of the session. It said that a school board “may furnish transportation” to students who are enrolled in the district but who live in another district. The provision applies to all students, not just those who are in the foster system. It also struck language from an existing law that requires the consent of the school district from which students are being bused.

The amendment language came straight from a separate bill about expanding school choice that had been killed by Democrats in the House the day before.

Many school districts opposed the transportation provision because they feared it would open the door for better-off districts to poach students and undermine the meaning of school district boundaries. Advocates for school choice argued the provision was good policy that would allow more students, especially those from low-income families, take advantage of opportunities. They also argued, apparently unconvincingly, that it was required for implementation of the foster youth portions of the bill.

The Donnell-Kay Foundation intervened in the case in defense of the law. (The Donnell-Kay Foundation is a funder of Chalkbeat. You can read our ethics policy here.)

In his ruling, Goldberg said this specific issue has never been litigated in Colorado before, and he relied in part on rulings from other states with similar requirements. Bills with broad titles, he wrote, can be construed broadly and encompass a range of issues as long as they have some connection to the title. But bills with narrow titles must be construed narrowly — and this amendment didn’t make the cut.

“The subject of House Bill 18-1306 is out-of-home placed students and efforts to ensure educational stability,” Goldberg wrote, while the amendment’s subject “is all students, with no qualifiers, conditions, restrictions, or reference to out-of-home placed students. … House Bill 18-1306 seriously modifies transportation for all students and is hidden under a title relating exclusively to out-of-home placed students.”

Goldberg ruled that the amendment is “disconnected” from the rest of the bill, and neither lawmakers nor the public had enough notice about its inclusion before passage.

That leaves the rest of the foster youth bill intact and advocates for expanded school choice facing an uphill battle in a legislature in which Democrats, who are more likely to give priority to school district concerns, now control both chambers.

This isn’t an abstract issue. In 2015, more than 150 students who lived in the Pueblo 60 district but attended school in higher-performing Pueblo 70 lost access to transportation when the city-based district ordered its neighbor to stop running bus routes through its territory.

Online Shopping

Jeffco launches universal enrollment site to make school choice easy

PHOTO: Yesenia Robles, Chalkbeat
Students in a social studies class at Bear Creek High School in Jeffco Public Schools read about Genghis Khan.

Starting Monday, parents in Colorado’s second-largest district will be able to shop online for schools and, once enrollment opens in January, apply to as many as they like.

The launch of Enroll Jeffco, following the path paved by Denver Public Schools, means some 86,000 students and their parents won’t have to go to individual schools during the work day and fill out paper forms if they want to apply somewhere other than their neighborhood school.

The online system cost about $600,000 to develop and operate for this school year. The district expects it to cost about half of that annually going forward.

Universal enrollment systems allow parents to compare and apply to traditional district-run schools, district schools with specialized programming or models, known in Jeffco as options schools, and charter schools with a single application on the same website. Universal enrollment systems are a key component of what some call the “portfolio model,” in which districts oversee a range of school types and parents vote with their feet. They’ve been controversial in places, especially when coupled with aggressive school accountability policies that lead to school closures.

In Jeffco Public Schools, which is more affluent than many Denver metro area districts, officials see the move to a single, online enrollment system as a valuable service for parents.

“Regardless of how people feel about it, we operate in a competitive school choice environment, both inside the district and outside the district,” Superintendent Jason Glass said. “That compels us to make thinking about that transaction, making people aware of the options and enrolling in our schools, as frictionless and easy as possible.”

Colorado law requires schools in any district to admit any student for whom they have room and for whom the district can provide adequate services, after giving priority to students who live in the district. But many districts still require paper applications at individual schools, and schools in the same district might not have the same deadlines. A recent report by the conservative education advocacy group Ready Colorado found that parents who use school choice are more likely to be white, middle- or upper-class, and English-speaking than the state’s student population. The authors argue that districts should streamline the enrollment process and consider providing transportation to make choice more accessible.

Jeffco isn’t rolling out new transportation options yet, but it might use data from the enrollment process, including a parent survey that is built into the website, to see if that’s desired or feasible. And officials believe strongly that the new online enrollment system will open up more opportunities for low-income parents and those who don’t speak English.

The website will provide information in the district’s six most commonly spoken languages and should be optimized for use on mobile phones. All parents will be required to use the system to express their preferences, including the majority of parents who want to stay in their neighborhood school, and the district is planning significant outreach and in-person technical assistance.

We believe that if all parents are participating, it improves equity,” Glass said. “One of the things we struggle with is that upwardly mobile and affluent parents tend to be the ones who take advantage of school choice. We want all of our schools to be available to all of our families. We think being able to search through and make the enrollment process as easy as possible is an equity issue.”

But critics of universal enrollment systems worry that the ease of application will encourage parents to give up on neighborhood schools rather than invest in them.

Rhiannon Wenning, a teacher at Jefferson Junior-Senior High School, said the link between charter schools and open enrollment systems makes her distrustful, even as many of her students are using the choice process to stay at the school after rising home prices pushed them into other parts of the metro area.

“I understand parents want what is best for their child, but part of that as a citizen and a community member is to make your neighborhood school the school that you want it to be,” she said, calling the universal enrollment system an attack on public schools.

Joel Newton of the Edgewater Collective, which provides community support for lower-income schools in the eastern part of the district, said Enroll Jeffco will give the district much better data on which to base decisions, but he worries that Title I schools, which serve large numbers of students from low-income families, won’t be able to compete.

“With an online system like this, it really needs to be a level playing field,” he said. “And in my area, I’d much rather have resources going to curriculum and instructional aides to catch kids up than going into marketing support. But other areas can do that and they have these big, well-funded PTAs.”

Until now, parents have had to seek out information on each school’s website. The online portal starts by asking parents to enter their address and the grade in which they’re enrolling a student. It then displays the parents’ neighborhood school, with an option to explore alternatives. Each school page has extensive information, including a short narrative, descriptions of special programs like math, arts, or expeditionary learning, the school mascot, and the racial and economic breakdown of the student population. The intent, district spokesperson Diana Wilson said, is to let schools “tell their own story.”

Parents can select as many schools as they want when enrollment opens Jan. 22, and they’ll learn in mid- to late February where they got in. However, they have to commit within five days to one school, ending a practice by which parents in the know kept their options open through the summer months. District officials say this will help them plan and budget better.

Kristen Harkness, assistant director for special education in Jeffco, served on the steering committee that developed the system, and she’s also a parent in the district. Even as a district employee who thought she knew the process inside and out, she managed to miss a deadline for her son to be considered at another middle school.

She said that choosing between schools isn’t a matter of which schools are better but which are a better fit for a particular student. In her case, her son could have stayed at a K-8 or transferred to a combined middle and high school, with each option presenting a different kind of middle school experience. He’s happy at the K-8 where he stayed, she said, but parents and students should have the chance to make those decisions.

The new universal enrollment system is poised to give more families that chance. In the course of the rollout, though, there may be a few glitches.

“We’re doing all we can to look into the future and foresee any technical problems and design solutions to that proactively,” Glass said. “That said, this is our first time, and we ask for people’s patience.”