Tough times

An eighth-grader taught his classmates and other horrifying allegations in federal suit on Detroit schools

PHOTO: Public Counsel
Attorneys behind a new federal civil rights lawsuit meet with Osborn High School college advisor Andrea Jackson and student Jamarria Hall.

The federal civil rights lawsuit filed this week on behalf of a Detroit school kids isn’t likely to bring a quick fix to Detroit’s troubled schools. Even successful lawsuits can take years to wend their way through the courts.

But as Detroit tries to turn things around with a new school district, the suit paints a bleak picture of what officials are up against.

The 136-page complaint reveals allegations of condoms strewn on playgrounds, bathrooms leaking sewage into hallways, and students left to grieve without support. The suit claims that these conditions make learning difficult in Detroit schools — a conclusion that a recent study bears out.

Relying on statements from students and teachers, the suit describes alarming conditions at five schools, including three in the main city district: Osborn Academy of Mathematics, Osborn Evergreen Academy of Design and Alternative Energy and the Medicine and Community Health Academy at Cody.

The suit also looks at two charter schools: Hamilton Academy, authorized by Detroit Public Schools, and Experiencia Preparatory Academy, which was authorized by Northern Michigan University until closing its doors in the face of financial problems last spring. It also mentions the Marion Law Academy, which is part of the state-run Education Achievement Authority.

Spokeswomen for the Detroit Public Schools Community District and the Education Achievement Authority did not immediately respond to requests for comment. Neither did officials from Northern Michigan University or CS Partners, the management company that ran Experiencia.

The full complaint is worth a read. It outlines all of the ways that these schools haven’t measured up on standardized tests and other objective measures and offers some disturbing descriptive details. These are just some of them:

Teachers are too few and not skilled

  • At Hamilton … many students have a vocabulary of only a couple hundred words. Some students cannot even sound out letters.
  • At Cody MCH, many of the students struggle when called upon to read aloud, with some stumbling over even monosyllabic words. Yet the few instructors originally designated as reading interventionists, already insufficient in number, must cover teacher vacancies in other classrooms.
  • There is no meaningful training in literacy intervention available (at Cody MCH), even when requested by teachers … Plaintiff Jaime R. was in an English Language Arts course in ninth grade during which the class spent a large part of the year going paragraph by paragraph through a single novel, which has a third grade reading level.
  • At Marion Law Academy, inexperienced teachers “used Google to search the Internet for lesson plans the night before class, and many paid out of their own pockets to obtain lesson plans on teacherspayteachers.com.”
  • The middle school science classes at Hamilton are currently taught by a paraprofessional who states that she does not understand the material and cannot lead classroom experiments.
  • In the 2015-16 school year, the seventh- and eighth-grade math teacher (at Hamilton) left several weeks after the start of school due to frustration with large class sizes and lack of support. He was temporarily replaced by a paraprofessional and then a special education teacher. Eventually, the highest performing eighth grade student was asked to take over teaching both seventh and eighth grade math, while the paraprofessional remained in the room to assist with classroom management. This student taught both math classes for a month.

English language learners are being left far behind

  • There were no certificated EL teachers for long stretches of Experiencia’s three years of operation. In the upper grades, about 20 of the approximately 80 students were English learners, but the English language class available to them covered the same elementary phrases for two years, regardless of the skill level of the individual students.
  • Plaintiff Esmeralda V.—who was more comfortable in Spanish than in English—was frequently called upon to assist her Spanish-speaking classmates by summarizing the material for them in Spanish. Some students relied on Google Translate in order to teach themselves English, although many EL students did not have access to the Internet outside of school.
  • At Cody MCH, there are multiple students who do not speak or write fluently in English, yet there are no EL teachers at the school. When a family of Iraqi refugees sought to register their daughter at Cody MCH, their community school, DPS attempted to transfer the child to a school over 25 miles away because it could not support her EL needs. The teachers ultimately relied on other students who spoke Arabic to assist the EL students.

Classes can have 50 or more students

  • Classrooms are stuffed with as many as fifty students and often do not have enough chairs and desks. Students sometimes sit on the floor, lean against walls, or congregate around teachers’ desks.
  • One Osborn MST class had 42 students but only 32 desks. Another classroom had 52 students but only 37 chairs and fewer desks. The overcrowding also significantly exacerbated the extreme heat at many points during the year.
  • Classrooms (at Law) become so crowded that a teacher who managed to obtain chairs for all 42 students had to pack them together so tightly that a left-handed student could not sit next to a right-handed student … When a teacher is absent and no short-term substitute is available, classes are frequently combined so one teacher may have up to 60 students in a single classroom.
textbook

Teachers are asked to buy their own supplies

  • The teaching resources at Law are woefully deficient; textbooks, library books, and other curricular materials were thrown away into a dumpster at the beginning of the 2012-2013 school year when the school opened as an EAA school; the intent was to switch to digital learning. But the new digital platform was ineffective, lacked existing instructional materials, and was abandoned in the 2015-16 school year. Administrators told teachers at Law that they were expected to buy their own supplies.
  • Textbooks at Experiencia were damaged and many years out of date, with taped spines and ripped and missing pages. The computers at the school were frequently broken, and when they did work, the Internet connectivity was so poor that they were nearly unusable. The third floor of the building technically had a library, but there was no librarian and students were not permitted to access the library or check out books without a teacher escort. Most of the time, the library remained locked.

Students and their families aren’t getting the help they need

  • In those schools that do have access to a social worker, the social worker is often restricted to special education students, does not come every day, and is stretched beyond capacity, such that students wait months for an appointment.
  • After a Hamilton student was kidnapped and murdered, his classmates were not provided any opportunity to grieve. No additional counselors were brought in, and the teachers were not offered any support or training on how to speak with the students about the tragedy. Instead, on the day the police found the boy’s body, the only school-wide reaction was an announcement by loudspeaker to remind the students, who were using their phones to share details about what happened and to communicate their grief, that cell phones were not allowed at school.
  • At Experiencia, report cards were not translated into Spanish, and where teachers did not speak Spanish, no parent-teacher meetings with monolingual parents took place.

Students’ basic health and safety are imperiled

  • At Hamilton, temperatures of over 100 degrees caused students and teachers to vomit and pass out during the first week of school.
  • At Hamilton, the playground equipment—which is designed for 2-5 year olds, although the school serves children ages 5-14—is frequently broken. One of the playground slides is disconnected at the base so it shifts around, and the other has cracks with sharp pieces of plastic sticking out. Multiple students have sliced or otherwise injured themselves while playing.
  • At Hamilton … it is not uncommon for meals to feature moldy bread and expired milk. The students know not to drink out of the water fountains, which are frequently infested with cockroaches and maggots, and the teachers and principal bring in bottled water they purchase themselves.
  • Teachers at Hamilton Academy say the school is infested with cockroaches
    Teachers at Hamilton Academy say the school is infested with cockroaches.

    At Law, several classrooms have flooded. In one fourth-grade classroom, a leaking hole in the ceiling created what students called “the lake,” and the teacher surrounded the area with yellow caution tape after multiple requests for repairs were ignored.

  • At the Osborn schools, fire exits are frequently locked and chained to prevent unauthorized individuals from entering from the street. During the 2015-16 school year, a fire broke out in the school and students were given no notice to evacuate because the Osborn fire alarm system failed.
  • Students (at Hamilton) also find bullets, used condoms, sex toys, and dead vermin on the playground, although teachers try to arrive early to clean the playground themselves.
  • At Osborn MST, urine frequently leaks out of the men’s room and soaks the carpet in the hallway, causing the hallway to smell for days.

Piece of the pie

Colorado bill would take back money from state-authorized charter schools

PHOTO: Denver Post
Students at James Irwin Charter Academy in Colorado Springs

A bill introduced in the Colorado House this week would take back money set aside for state-authorized charter schools and return it to the general fund, where it would be available for any purpose.

The bill, sponsored by state Rep. Cathy Kipp, a Fort Collins Democrat and former Poudre School District board member, would repeal one portion of a key compromise from the 2017 legislative session.

That bill required school districts to share money from mill levy overrides, a kind of local property tax increase, with charter schools that they had authorized. It also said that the legislature should set aside state money for schools authorized by the Charter School Institute, a state entity, to serve as the equivalent of that mill levy money. This money is on top of the base per-pupil funding that goes to all schools, much of it provided by state dollars.

This new proposal doesn’t affect charters that are authorized by districts, which would still be required to share additional local property tax money. But it does away with the fund within the state budget that provides extra money to state-authorized schools.

The Charter School Institute oversees 39 schools serving more than 18,000 students.

It’s unclear whether the bill will get traction. Kipp is the sole sponsor right now, and charter schools have enjoyed broad bipartisan support at the Capitol in the past. Gov. Jared Polis, a Democrat, is the founder of the New America charter network, which has schools authorized by the Charter School Institute as well as by local districts.

Charter schools are publicly funded but independently run nonprofit organizations. Opponents see them as siphoning students and money from traditional, district-run schools, while proponents argue they provide much needed diversity of school types within the public system and with that, options for parents and students.

The 2017 legislation passed with bipartisan support but divided Democrats, who now control both chambers of the Colorado General Assembly. This is the first legislation of the 2019 session to attempt to roll back gains made by charter schools under previously divided state government.

The 2018-19 Colorado budget includes $5.5 million, roughly $300 per student, for state-authorized charter schools to make up for local mill levy money they don’t get, and the proposed 2019-20 budget calls for that to almost double to $10.5 million. “Fully funding” the charter institute schools — meaning providing them the equivalent of what they would get from local property taxes if they were authorized by their districts — would cost $29.7 million.

Kipp said that with education funding tight, the state cannot afford to share with charters. She calls the plan to spend state money to make up for local property tax revenue “taxation without representation.” Mill levy overrides are approved by voters in those school districts, while there is no equivalent special tax approved statewide to help charter institute schools — or any Colorado schools, for that matter.

“You have a person who has never voted for a mill levy override, and their school may be drowning, and their tax dollars are going to another district,” she said.

Mill levy overrides, which can amount to thousands of dollars per student, provide important supplemental funding in districts where voters agree, but they’re also a major contributor to inequity in Colorado school finance. In the case of charter schools, the 2017 legislation means district-authorized schools benefit from those dollars, and state-authorized schools get some extra money from the state.

But district schools in places where voters have turned down requests for additional property taxes don’t get any additional money, even as the state continues to withhold money from schools under the budget stabilization factor.

Terry Croy Lewis, executive director of the Charter School Institute, calls the bill “very disappointing.” The extra state money, known as the mill levy equalization fund, represents a fraction of the money that charter schools would get if they had district authorization and access to mill levy overrides. It’s also a tiny fraction of the more than $7 billion that Colorado spends on K-12 education.

“We’re starting from way behind on funding equity,” she said. “To say that any charter is getting more than their share is just inaccurate. We still have a long way to go.”

Lewis sees the taxation question differently than Kipp. Parents are paying higher property taxes to support their district schools, while their children in charter schools don’t see the benefit. Meanwhile, charter schools have to pay for their buildings out of operating costs, meaning they have less money for teacher salaries and other educational needs.

At Mountain Song Community School, a 300-student Waldorf charter school in Colorado Springs, the extra $300 per student has allowed the school to hire an additional special education teacher and classroom aides to better serve students with disabilities.

“Our costs are rising rapidly because more and more severe needs students are coming to our schools,” said Teresa Woods, principal at Mountain Song. “Districts have economies of scale. As a single school, we’re doing the work that a district would do to meet our students’ needs, but we don’t have any resources to pool.”

“If the mill levy funds were cut, it would definitely cut into our ability to meet the needs of all our students, and we’re mandated by law to serve those students, including severe needs students,” she added.

At the Thomas MacLaren School, another Colorado Springs institute-authorized charter school serving roughly 800 students, administrators have treated the mill levy equalization money as one-time funds and used them for building upgrades, but if that money were reliable each year, the school would raise teacher salaries, which lag far behind those in the surrounding school district, Executive Director Mary Faith Hall said.

The Colorado Early College network, serving more than 2,900 students on campuses in Colorado Springs, Aurora, Parker, and Fort Collins, has used the additional money to provide bus transportation, to increase teacher salaries, and to cover some tuition, books, and fees for college courses. The early college model helps students earn college credit while still in high school, with many students graduating with both a high school diploma and an associate degree.

“The CEC Network of schools would be devastated to lose this funding” Chief Executive Administrator Sandi Brown wrote in an email.

Kipp said these financial challenges don’t mean the state should kick in more money than it does for district-run and district-authorized schools. These issues are embedded in the charter school model, she said, and it’s not the state’s job to solve them.

“Charter schools have always said they can do better for cheaper,” Kipp said. “So do better for cheaper, and don’t ask for disproportionate share.”

behind the budget

With House plan that adds money for vulnerable kids, all Indianapolis districts would gain

PHOTO: Scott Elliott
Perry Township, along with the other Marion County districts, would see more per-student funding if a House budget proposal moves forward.

Every district in Indianapolis is tentatively slated to get more state dollars per student under House Republicans’ 2019 budget plan released this week — exceeding some school leaders’ expectations.

For the most part, new money added to the budget to fund each student along with higher enrollment estimates are driving the increases. But even though some districts are projected to lose students, they would still get more money because of changes to Indiana’s funding formula that add money for vulnerable students and because lawmakers put more money in the budget overall.

“I just didn’t think they’d be able to reach that level when they started the session,” said Patrick Mapes, superintendent in Perry Township. “It’s very much appreciated.”

In Indianapolis Public Schools, the city’s largest school district, per-student funding is expected to go up more than 3 percent to $8,029 from $7,764. Overall, the district would see about 4 percent more in total state dollars. Compared to other districts, IPS receives more per student in part because of the number of students there from low-income families. Having more English-learners and students with disabilities can also bring in additional funding per-student.

“There are still too many moving pieces in other parts of the comprehensive budget proposal to get a clear picture of what this will ultimately mean for our students and employees,” an IPS spokeswoman said in an emailed statement.

The estimates are far from final, as the Senate will still offer its own budget draft and lawmakers will eventually have to come to a compromise. But the House draft, which easily passed out of the Ways and Means Committee on Monday, will likely see support from the full House in the coming week.

This year, district funding estimates could be even more volatile because of problems with a calculation that drives extra aid to districts with larger shares of students from low-income families. It’s unclear how this might affect schools because the calculations were not changed from last year.

“We used the numbers that we felt gave schools the most realistic proposal,” said House Ways & Means Chairman Todd Huston. He said that he was not sure when more accurate projections would be available, but House Republican staff was working with other state agencies to dig into the problem.

The budget draft proposes increasing Indiana’s contributions to schools by $461 million — or 4.3 percent — through 2021, a little more than increases in years past. The basic per-student funding that all districts get would jump from $5,352 per student this year to $5,442 per student in 2020, and $5,549 per student in 2021.

House lawmakers also made some big overall changes to how schools are funded that do more to support some of the state’s most vulnerable students.

Funding for preschool for students with disabilities increased for the first time in more than 25 years, going from $2,750 per student currently, to $2,875 per student in 2020, and $3,000 per student by 2021. In 2018, about 13,000 students qualified for the program, costing the state about $36 million. The increased grant would up those totals to about $37.3 million in 2020 and $39 million in 2021.

The budget draft would also send more money to educate students learning English as a new language for the fourth year in a row. Last year, lawmakers set aside about $32 million. Over the next two years, there’d be more than $40 million available for grants, at $325 per student, up from $300 previously.

Higher per-student grants for English learners would help the district shift more money to teachers and other employees, said Mapes, the Perry Township superintendent. Raising teacher salaries has been a hot topic during this year’s legislative session, and while money is not specifically earmarked for raises in the House budget plan, Mapes said it doesn’t need to be.

“That’s local control,” Mapes said. “We have an elected school board whose job is to make that decision for each school corporation in the state. It’s not the job of the legislature to direct down a salary schedule.”

In Beech Grove, the funding forecast is slightly less optimistic — the district is the only in the county projected to lose funding overall through 2021, by a small margin of less than 1 percent. That’s driven by a projected loss of about 116 students out of a total of 3,033.

“We all need to take three steps back and not panic because … there’s a factor here that’s real critical — the standpoint that our enrollment has gone up for nine straight years until this year,” said Paul Kaiser, superintendent in the district. Lawmakers “are estimating our enrollment is going to continue to drop.”

Kaiser noted that the district does have a high rate of students transferring in from outside the district — Beech Grove had the second highest rate of students transferring into the district last year, with almost 1,200 students coming in. Like the rest of the county, Beech Grove is expected to get more dollars per student, so if transfers work out like Kaiser expects, the additional money would turn things around. He said he isn’t sure why enrollment was down last year.

“We’re hoping last year’s drop in enrollment was a blip on the horizon,” Kaiser said. “And if it’s not, then we’ll have to decide what we want to do.”

Part of Kaiser’s strategy is going to district voters in the fall to ask them to approve a tax increase — a move many school districts across the state, including IPS, are increasingly making to bring in more revenue.

One group that would see reductions under the House plan were virtual schools and virtual programs operated by school districts — they were cut from 100 percent of what students in traditional schools get to 90 percent, equivalent with students at virtual charter schools.

Lawmakers made the change in response to a rapidly growing virtual school in the Union school district, near Modoc, helped throw off school funding estimates in 2017. Even with the funding cut, budget projections show Union still would receive more state money, driven largely by growing enrollment.

House Republican staff did not confirm whether the change in all district-based virtual school funding resulted in cost-savings for the state, but a fiscal analysis from legislative staff estimated it could save the state about $3 million in 2020.