ONLINE SCHOOLS

Low participation and poor attendance could get a student expelled from an online school in new House proposal

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A new House proposal would allow virtual charter schools, which conduct classes almost exclusively online, to remove students showing low participation and poor attendance.

One virtual school authorizer believes this proposal would help solve two problems that virtual school operators believe are especially relevant to their students: high mobility and challenging learning issues.

“What we’re trying to get at is refining their attendance policy,” said Bob Marra, who directs charter school efforts at Ball State University, the group that oversees Hoosier Academies and Indiana Connections Academy. “How do you really measure this in the virtual environment?”

READ: Find more coverage of Indiana online schools here.

Marra’s schools are the two largest online school providers in the state.

House bill 1382, authored by Rep. Bob Behning, R-Indianapolis, offers no guidance as to what that policy might look like, but does say charter authorizers are responsible for making sure the school adheres to it and doesn’t abuse it.

“If you’re in a classroom and the kids are not engaged and going to sleep, you have the ability to tell that kid to go down to the principal,” Behning said. “If you’re in a virtual classroom, how do you even know the kid’s engaged? Because you’re not in the room with them there’s no way to do it.”

But Rep. Ed DeLaney, D-Indianapolis, strongly opposes the use of virtual schools, and doesn’t believe — however attendance rules might change — that they can work well for students.

“How do we know the student is ‘engaged’ or ‘attending’? We don’t, and so we’re having a debate about how we can enforce the requirement in a context where I think you can’t enforce the requirement,” DeLaney said.

Teachers in online schools take attendance in their daily or weekly lectures, but they can’t always physically see students.

Virtual schools typically perform poorly on state tests, which some school leaders argue is because they serve a challenging population of students, including those who frequently move and switch schools, come to school far behind grade level and have other learning difficulties that make them more difficult to educate.

They also say they struggle to keep students engaged and can’t easily enforce attendance policies. But online school critics say these problems also occur in many of the state’s struggling urban and rural schools.

The proposal in HB 1382 would allow virtual schools to remove a student as long as “adequate notice” is given to the students and parents, and parents have a chance to explain the absence before the student is removed, if necessary.

Indiana state law is ambiguous on when schools are allowed to expel students, saying kids can be expelled for “student misconduct” or “substantial disobedience.” Neither phrase is explicitly defined, and school districts have interpreted them differently.

A Bloomington high school says in its student code of conduct that expulsion or suspension could result for tardiness or absences. But Indianapolis Public Schools’ code of conduct doesn’t advise removing kids from school for those same offenses.

In general, DeLaney thinks the bill cuts too much slack to charter schools.

He referred to another provision in the bill that would change how the Indiana State Board of Education handles authorizers who want to renew charters for schools that have failed for four years in a row. The bill includes an existing part of state law that requires the board to consider a charter school’s student population before it makes a decision to close or renew the failing school.

There is no similar language in Indiana state law regarding what to consider before closing a traditional public school.

“I don’t know why we are creating a list of excuses for failure,” DeLaney said.

Charter “schools have promised us that this is exactly what they can deal with. We’re saying the very thing they’re supposed to cure is an obstacle to their success.”

Much of the rest of the language in the bill makes clarifications to existing law, essentially ensuring that before an authorizer can renew a charter on a failing school, it must first go to the state board to explain why the school should remain open.

Previously, that timeline was more ambiguous, and some charter authorizers renewed their schools before being asked to consult with the state board, technically violating the law. James Betley, executive director of the Indiana Charter School Board, said this bill rights the contradictory language.

“What the change does is it makes the timeline make sense,” Betley said.

Marra said he’ll be keeping close watch over how the “student engagement” policies play out so students aren’t removed without cause.

“That’s what we want to be able to look at,” Marra said last week at the bill’s first hearing. “How does (an engagement policy) get implemented? We’ll be monitoring.”

Behning said the engagement policy, in particular, still had details that would need to be worked out, but he thought it was a good first step toward trying to address problems virtual schools have reported. The bill passed out of the House Education Committee on Tuesday, and is up for its final hearing in the House this week.

“I’m not saying it’s a perfect fix,” Behning said. “It begins a discussion about how do you make sure that these students are really getting the most out of their educational experience.”

Indiana online schools

Indiana Virtual School has the lowest graduation rate of any public school in the state

PHOTO: Shaina Cavazos
Indiana Virtual School is located in the Parkwood office park at 96th St. and College Ave near the northern edge of Marion County.

For the second year in a row, Indiana Virtual School graduated a lower percentage of students than almost every other high school in the state.

In 2017, 6.5 percent of students graduated — 64 students out of 985. Of the schools the state provided data for, only a private school that caters to students with significant intellectual and behavioral disabilities posted lower numbers. Indiana Virtual’s rate is up slightly from 5.7 percent the year before.

It’s possible there are other schools with lower graduation rates, but the state does not release data for schools with fewer than 10 students in the graduating class to comply with federal privacy laws.

The graduation data, released this week by the Indiana Department of Education, comes months after a Chalkbeat Investigation found widespread low performance at Indiana Virtual School and questionable business and spending practices.

Special Report: As students signed up, online school hired barely any teachers — but founder’s company charged it millions

From 2016 to 2017, the school’s graduating class more than doubled. Last May, Indiana Virtual School enrolled nearly 4,700 students. Despite Indiana Virtual’s poor performance, it continues to bring in millions of dollars from the state. In September, it opened a second school. After shifting almost 3,000 of its students to the new Indiana Virtual Pathways Academy in the fall, Indiana Virtual had 3,376 students.

Indiana Virtual has received two failing grades from the state since it opened in 2011. Last year, 20 percent of sixth-, seventh-, and eighth-grade students and 8 percent of 10th-graders at Indiana Virtual passed the English and math state tests. Statewide, about half of students in grades K-8 and one-third of high school students passed both exams.

Thomas Burroughs, the school’s lawyer and former board member, defended the school’s performance to Chalkbeat in October, saying the school offers a last chance to students who would have no other way to graduate. The school’s superintendent, Percy Clark, also said many students at the school enroll after having been expelled elsewhere and start behind their peers.

Across the state, 87.2 percent of students graduated from high school in 2017. The rate is calculated by dividing the number of students in a high school cohort by the number of them who graduate as seniors after four years.

Every online charter school in Indiana graduated fewer students than the state as a whole, though some, such as Indiana Connections Academy and Hoosier Academy Indianapolis, a hybrid school with a traditional campus on the city’s east side, show marked improvement from last year. Insight School of Indiana has no data for 2016 because it had not yet opened.

School 2017 graduation rate 2016 graduation rate
Indiana Virtual School 6.50% 5.7%
Hoosier Academy Indianapolis 68.42% 53.3%
Insight School of Indiana 17.21%
Hoosier Academy Virtual 23.32% 22.7%
Indiana Connections Academy 49.48% 43.9%

Although Gov. Eric Holcomb has already committed to working with the state board to look into online charter schools, he has not specified what action they will take. Earlier this month, lawmakers also proposed laws to tighten up the state’s rules for charter school oversight, but this soon in the legislative session, it’s hard to say how far such proposals will get.

Learn more about Indiana Virtual School and online charters in the state here.

bills

Two Indiana Senate bills would tighten up rules for charter school oversight

PHOTO: Shaina Cavazos
Both of these bills are coming from lawmakers who are part of the Senate Education Committee.

Two Indiana senators — a Republican and a Democrat — are calling for the state to reform how charter schools are overseen.

Sen. Dennis Kruse, an Auburn Republican who chairs the Senate Education Committee, and Sen. Mark Stoops, a Bloomington Democrat also on the committee, have each proposed a bill to ensure charter school authorizers cannot open new schools or renew charters without evidence that students are learning.

The bills come two months after a Chalkbeat investigation revealed that while the small Daleville Community School District charged with overseeing Indiana Virtual School has appeared to follow state law, it isn’t necessarily meeting the needs of the school’s thousands of students.

Special Report: As students signed up, online school hired barely any teachers — but founder’s company charged it millions

The district was on track to earn at least $750,000 in fees last year overseeing Indiana Virtual, which over its six-year lifespan has earned two F-grades and, in 2016, managed to muster only single-digit graduation rates. The school continues to bring in millions of state dollars for its students, and in September, opened up a second school, also chartered by Daleville.

Kruse’s Senate Bill 350 says an authorizer cannot offer a contract, or charter, to an existing organizer unless its current students are achieving academically. Organizers are nonprofits that run charter schools. They’d have to provide evidence that could include test scores, attendance rates, graduation rates, increased numbers of students taking advanced classes or earning honors diplomas.

The bill would require the Indiana Department of Education to create rules by Nov. 1 to prevent charter school organizers from committing financial or enrollment “fraud, waste and abuse.” Schools would also have to submit an annual report that includes audits, the most recent enrollment count, and a list of employee salaries.

Currently, Indiana authorizers — which include universities, mayors, or school districts — can only be punished for their school’s bad academic performance, not other kinds of missteps. This bill would empower the state board to more closely scrutinize and take action regarding charter schools and authorizers.

If the department finds the school was in violation, the department would be required to tell the organizer and recommend that the state board do one of the following:

  • Require the school’s authorizer to revoke its charter,
  • Withhold funding from the school, or
  • Require the school to take action to remedy its problems.

Stoops’ Senate Bill 315 goes even further by placing more restrictions on authorizers that are school districts or universities. He said he wasn’t aware that Kruse was offering a bill on the same topic, but that he looks forward to talking with him about it. He’s worked unsuccessfully before to regulate authorizing, but new information about online charter schools has spurred him to address it again this year.

“Charter schools are a little out of control,” Stoops said. “They continue to take students even when they fail, and the whole issue of how authorizers get a cut of their funding, so there’s a lot of incentive for authorizers to create these new schools.”

The bill removes the 2015 grandfathering provision that let existing authorizers avoid screening by the Indiana State Board of Education before they were allowed to open charter schools. Under the bill, these authorizers must now be screened before they can renew existing charters or authorize new schools.

The bill does not change the fact that the state board does not screen school districts, such as Daleville, but instead requires them to register as authorizers, and they are automatically approved.

Stoops also included language in the bill that would give charter school authorizers stricter rules around what state grades are needed to open or renew schools. The bill says that an authorizer may not sponsor a charter school if that school’s organizer already runs a school in Indiana that has received a D or F grade for two consecutive years.

Read: In danger of closure, virtual charter surprises state board by transferring students to sister school

Like in the state’s voucher law, grades would be factored into whether charter schools can enroll new students under Stoops’ plan.

Starting July 1, a charter school that earns a D or F for two consecutive years cannot accept new students for one year. If the school earns a third D or F, the school may not accept new students until it earns a C-grade or better for two consecutive years. If a school earns an F grade for three consecutive years, it cannot enroll new students until it has received a C-grade or better for three consecutive years.

The bill also would eliminate the fees all authorizers can collect for overseeing schools starting in July. Now, authorizers can get up to 3 percent of a charter school’s state funding.

Although these provisions don’t apply to all authorizers, David Harris, executive director for The Mind Trust, said he worries aspects of both bills infringe on the autonomy that can also make charter schools successful. The Mind Trust works closely with Mayor Joe Hogsett’s office on supporting mayor-sponsored charter schools in Indianapolis.

“Specific rules written to restrict the decisions of authorizers will not transform bad authorizers into high-quality authorizers,” Harris said.

This early in the session, it’s hard to say how far such proposals will get. Committee chairs like Kruse tend to advance bills they author, but Stoops’ bill faces another hurdle: Democrats are in the vast minority in the General Assembly, and it’s the majority party that has the discretion to say what merits discussion. That said, Gov. Eric Holcomb, a Republican, has already committed to working with the state board to look into virtual schools.

Ultimately, Stoops said that the track records and poor performance of some charter schools and online schools speak for themselves, and he thinks it’s causing policymakers to take a second look at how to regulate them.

“How do they get away with it?” Stoops said. “I think that’s definitely worth dealing with.”