Indiana online schools

Charter advocacy group ranks Indiana’s law No. 1, but calls for greater virtual school accountability

For the third year in a row, Indiana was recognized by a leading charter school advocacy group for having the nation’s strongest charter school law, but the state was cited for failing to take action to properly regulate online charter schools.

The National Alliance for Public Charter Schools has ranked Indiana No. 1 since 2016 based on how well state law corresponds with the Alliance’s model law. Specifically, Indiana is praised for not capping charter schools’ growth and for directing more money to charter schools to make up funding gaps compared to traditional schools. The state was lauded for its “remarkable growth and development” in charter schools since they started in 2001.

The high rating by the group, whose purpose is to promote and support charter school growth, is the latest indication of Indiana’s commitment to allowing outside groups develop and run public schools independent of school districts. Such pro-charter policies have been supported for years by Republican legislators and governors.

But even in its praise for the state’s pro-charter policies, the group found fault with Indiana’s oversight of virtual schools. The group called on the state to raise the bar for online charter schools, which have had a track record of abysmal performance not just in Indiana, but across the nation.

Indiana has yet to include most of the Alliance’s recommendations regarding full-time virtual schools in state law. The Alliance’s report says Indiana law includes a “small number” of the Alliance’s virtual school provisions, but it still has work to do in “strengthening accountability for full-time virtual charter schools.”

Indiana is not alone — no states include all of the online charter school provisions recommended by the Alliance, and many were called out for failing to include any at all. Although the Alliance advocates for increasing charter schools across the country, it also emphasizes school quality.

In a recent report, the Alliance outlined policies to help regulate virtual schools. They include setting maximum enrollment levels for virtual schools and not allowing them to exceed that enrollment in subsequent years unless they could prove students were learning. States are also encouraged to create a performance-based funding system, where schools get money based on what students achieve, not on whether they are enrolled. Both ideas have received initial support from Indiana lawmakers and policymakers.

The 2018 alliance ranking follows a Chalkbeat investigation identifying low performance at Indiana Virtual School and questionable business and spending practices. Despite Indiana Virtual’s F grades and subpar graduation rate, the state continues to allocate millions of dollars to it. In September, Indiana Virtual opened a second school. Almost every online charter school in Indiana received an F grade in 2017, and like Indiana Virtual, several others have also recently opened additional schools.

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

Earlier this month, two state senators introduced bills to tighten charter school oversight laws and prevent poor performing schools from multiplying, but no hearings have been scheduled yet. Gov. Eric Holcomb, a Republican, has committed to working with the state board to look into virtual schools in Indiana, but details of his policy plans are not yet clear.

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

Indiana online schools

Facing state scrutiny, Indiana charter school steps back from virtual plan

PHOTO: Shaina Cavazos
Indiana Agriculture and Technology School's farm campus is in southern Indiana only a few miles from the Nineveh-Hensley-Jackson district office in Morgan County.

An Indiana charter school is backing off its unconventional plan to open a statewide virtual school with a farm campus following scrutiny from state officials over its oversight model.

In May, a Chalkbeat investigation examined concerns about whether Indiana Agriculture and Technology School’s plan to be overseen by a school district exploited a loophole in state law.

Following the investigation, the Indiana State Board of Education told Nineveh-Hensley-Jackson schools in an email exchange obtained by Chalkbeat through a public records request that only the state charter board or a university could authorize a statewide virtual charter school.

Now, a month before it is set to open, the school says it will instead incorporate more in-person learning so it can launch as a brick-and-mortar charter school, not a virtual school.

“After examining our program it was clear to all parties that we do not meet the technical definition of a virtual school,” said Allan Sutherlin, the school’s founder and board president, in a statement to Chalkbeat.

Sutherlin did not immediately respond to questions about how students recruited from across the state will participate in in-person lessons and access the farm campus.

When asked about the oversight issue in March, state board officials told Chalkbeat that they didn’t have the authority to review charter contracts. Indiana law doesn’t specifically prohibit or allow districts to oversee statewide virtual schools, but lawmakers say districts were not intended to have that power.

But in a May 31 letter, Tim Schultz, general counsel for the state board, told the school district to “address this issue as quickly as possible as failure to do so violates Indiana law.”

Nineveh-Hensley-Jackson Superintendent Timothy Edsell contended the district was in compliance with the law, disputing the state board’s interpretation.

He said the district is allowed to authorize the school because the school leases land within the district’s boundaries. He also argued that the portion of state law that addresses who can authorize virtual charter schools isn’t restrictive — it says virtual charters “may” apply with a statewide authorizer, Edsell said, not that they “shall” or “must.”

“There is legal authority to support our collective actions and all legal requirements have been followed,” Edsell wrote in a follow-up letter to state board staff.

But then, on June 22, the agriculture school changed course. Despite originally applying for its charter as a “statewide virtual school,” it informed the state that the school would instead be opening as a brick-and-mortar charter school with a so-called “blended-learning” model.

The school plans to mix online instruction and in-person visits to regional sites and the school’s farm campus in southern Indiana, according to documents Marsh provided to the state. That will include weekly in-person learning sessions at the farm campus or elsewhere, monthly farm campus visits, dual credit opportunities with the Central 9 Career Center and Ivy Tech Community College, and internships and work-based learning with local partners.

The move was a significant change from the school’s original plans. Although school officials emphasized hands-on experiences students would receive, they told Chalkbeat earlier this year that the farm visits weren’t mandatory and would be occasional. Through social media marketing, the school has advertised itself for months as a “real virtual school.”

A Facebook ad for Indiana Agriculture and Technology School from July 2.

And in March, Keith Marsh, the school’s academic director, confirmed with the Indiana Department of Education that the school was virtual.

Even with the change in plans, the school says 49 percent of a student’s schooling will occur online. The state defines a virtual charter school as providing more than 50 percent of its instruction online.

As a traditional charter school, the Indiana Agriculture and Technology School is also now entitled to an increase in state funding — full state tuition support instead of the 90 percent virtual charter schools receive. The school has so far enrolled about 100 students.

It’s unclear why the school decided to make the change to blended-learning when it did. But on June 29, after the school confirmed its new model with the state, Schultz, the state board’s general counsel, told district superintendent Edsell that the school’s charter would have been invalid if it had remained a virtual school.

Sutherlin and Marsh declined interview requests through a spokeswoman.

In addressing the school’s new model, Schultz wrote that the district “is responsible for ensuring that every charter school it authorizes is complying with all applicable federal and state laws.”

Schultz wrote that the state board “has no mechanism to independently verify” that the school is operating according to its new plan. The Indiana Department of Education also does not monitor whether charter schools follow rules set by their authorizers or the state, a spokeswoman said.

State Rep. Bob Behning, the House Education Committee chairman, said the state board’s review showed “due diligence.” He also said the law would likely have to be clarified.

“I was concerned and made it very clear that I thought a local school corporation could not authorize a statewide virtual (school), so I’m glad that they’re now in compliance,” Behning said. “My guess is there will be changes to our virtual charter law anyway in terms of some different parameters we might put in, so we’ll hopefully clean that up at the same time.”

Virtual charter schools have drawn scrutiny in both Indiana and Washington, D.C. A state board committee met for the first time last month to explore changes that could be made to state law to improve the schools, which have records of poor academic performance in Indiana. Additionally, lawmakers at a Congressional committee hearing later that same week raised questions about the schools.

Find more coverage of Indiana’s online schools.

Indiana online schools

Indiana online charter schools face scrutiny at Congressional committee hearing

PHOTO: Shaina Cavazos
A view outside of Indiana Virtual School's office, located in an office park at the northern edge of Marion County.

The chronic low performance of Indiana’s virtual charter schools captured national attention Wednesday in a Congressional committee hearing on the value of charter schools.

U.S. Rep. Suzanne Bonamici, a Democrat from Oregon, criticized the failed promises of online charter schools across the country, citing their low graduation rates and lack of instructional supports — and she called out Indiana’s lowest-performing online school by name.

Indiana “had Indiana Virtual School that graduated a lower percentage of students than almost every other high school in the state,” Bonamici said.

She also referenced a Chalkbeat story about prominent Republican lawmakers calling for the state to intervene in the dismal performance of online schools.

Her criticism was in stark contrast to testimony minutes earlier from Indiana Rep. Jim Banks, a Republican who praised charter schools for creating more opportunities and lifting academic achievement. He touted Indiana’s charter school laws as a model for other states, though the national reports he referenced have also noted Indiana’s blind spots when it comes to online charter schools.

But Bonamici said advocates lauded charter schools while ignoring the problems of online charter schools. As Chalkbeat has reported, four of the state’s virtual charter schools received F ratings from the state in 2017.

“Shouldn’t there be stronger oversight to make sure these schools are actually serving students, rather than focusing on churning profits?” she asked.

A Chalkbeat investigation highlighted how Indiana Virtual School graduated few students, hired few teachers, and entered into contracts with the school founder’s for-profit company — while collecting tens of millions of dollars in state funding.

Nina Rees, president of the National Alliance for Public Charter Schools, said states should better regulate virtual charter schools because of their chronic academic problems, but she still defended online schools, which attract students who might not thrive in traditional brick-and-mortar schools.

“You don’t want to completely get rid of them, because for some students, these are the only choices available to them,” Rees said.