charter wars

As war over charter schools rages on, what power does the city actually have?

PHOTO: Annie Ma
Sharita Moore-Willis, whose daughter will start first grade at Girls Prep Lower East Side this fall, speaks at a rally on the City Hall steps demanding an apology from Mayor Bill DeBlasio for his earlier comments on charter school test scores.

New York City’s charter school battle lines are as clear as ever. Last week, the mayor fired the latest shot by dismissing some charter schools’ test score gains as a product of test prep rather than “actually teaching kids.”

Charter school advocates, who called his comments “insulting” and “mean-spirited,” took to the op-ed page and are planning another massive rally this September to call on the city to “stand with public charter schools”

But while the debate rages on, the city’s power to stop the charter sector from expanding has slowly waned. The Department of Education can no longer authorize new schools, the state doubled the city’s charter school cap, and legislation requires the city to provide rent money for charter schools using private space.

That leaves little practical recourse for de Blasio to hamper charter schools, some argue, regardless of how he feels about them.

“It seems completely like rhetoric to me,” said Dirk Tillotson, the founder and executive director of the nonprofit Great School Choices, which helps launch community-based charter schools. “I don’t think the education department has any credibility, and he particularly doesn’t have any credibility on charters.”

Others say that rhetoric itself has power, and that the mayor can complicate the process for charter schools trying to find public space. Here’s a look at what the city can — and can’t — do when it comes to charter schools.

Can the mayor stop charter schools from expanding? (No, that’s not him.)

The city’s Department of Education used to be able to approve or “authorize” charters, but it lost that power in a series of state legislative changes passed during the Race to the Top era. Now, charter approval and oversight is left to the New York State Board of Regents and SUNY.

Roughly 50 charter schools still remain under the control of the Department of Education, holdovers from when the city used to authorize charters. In February, the city moved to close three low-performing charter schools under its control. Even the New York City Charter School Center did not protest those closures.

“Nobody wants to see a school closed, but it’s important that authorizers maintain high standards and hold charters accountable,” said James Merriman, CEO of the Charter School Center, at the time.

Charter schools currently serve 95,000 students, roughly 8.6 percent of the student population, and a state cap controls their growth. Last year the state doubled limit on the number of new charter schools that can start in New York City from 25 to 50.

Can he deny charter schools space? (Not technically, but advocates argue he can make it difficult.)

School space has been a key flash point between de Blasio and advocates.

Success Academy CEO Eva Moskowitz led the charge against de Blasio in 2014 with a crusade to secure charter school space — and it’s a battle she won. The state passed a law requiring the city to provide new charter schools with space inside city buildings or fund private rent for schools.

Despite that law, some charter advocates argue de Blasio could do a better job finding public space for charter schools. Public space is often preferable to private space, they say, since those buildings are already designed to accommodate students.

In June, the pro-charter group Families for Excellent Schools released a report claiming there are 67 schools in the city with more than 500 seats available for students. City officials called that claim “misleading,” since many factors determine whether a given space is appropriate for a school, including projected enrollment and the type of seats available.

Still, leaders of the city’s largest charter school networks said the city could provide more space to schools with fewer strings attached.

“The process was often marred by unnecessary hurdles, difficulties and delays,” wrote a group of charter school leaders in an open letter to de Blasio. “Sadly, in other cases, public charter schools were not provided with public facilities, leaving thousands of families stranded without a high-­quality option or building.”

Can he control charters’ ability to provide pre-K? (Not exactly)

This fall, Success Academy CEO Eva Moskowitz refused to sign the city’s pre-K contract, arguing that being asked to do so is illegal since Success is overseen by SUNY, not the Department of Education.

“One of the primary reasons Success scholars and teachers have been able to achieve so much is their ability to learn and work without the shackles of bureaucracy exemplified by this 241-page contract,” said Success spokesman Stefan Friedman in February.

City officials fired back, insisting that they have a responsibility to ensure pre-K standards remain high in every school, including charter schools. Moskowitz appealed to State Commissioner MaryEllen Elia, who denied her request. In response, she cancelled her pre-K classes this year.

State Senate Majority Leader John Flanagan appeared to throw his weight behind Moskowitz when he sent a letter to Governor Andrew Cuomo, arguing that the state should help ease the regulatory burdens on charter schools. It is still unclear how the law will be interpreted, but Assembly Speaker Heastie sent a dueling letter to the governor, disagreeing with Flanagan’s interpretation.

Does the rhetoric itself have power? (Possibly, but only if people listen)

Even if he has little practical power over charter schools, some say his words themselves are deflating.

“I think it does hurt charter schools when he casts aspersions and basically says their hard work to help [students] meet Common Core standards is really just a glorified parlor trick,” Merriman said.

Some, like Tillotson, are skeptical that the mayor has enough allies to make a dent at the state level. “He can politically lobby, but he’s got no political juice,” Tillotson said.

But others, like Bob Bellafiore, an education consultant who works with some charter schools, say the mayor’s words matter.

“What he does have is the bully pulpit. He’s the mayor, he has significant following in the city,” Bellafiore said. “He has a bullhorn and that has an impact.”

Indiana's 2018 legislative session

These are the 13 education bills poised to become law in Indiana in 2018

PHOTO: Shaina Cavazos
House Speaker Brian Bosma talks with Democrats shortly before the session adjourned without passing several bills.

Despite a chaotic end to this year’s legislative session, lawmakers managed to push through several education bills that could bring changes for teachers, students and schools.

And it’s not quite over either.

Lawmakers ran out of time before their midnight deadline last week, leaving behind several major bills, including a bill that would expand state takeover in Gary and Muncie school districts. On Monday, Gov. Eric Holcomb announced he’d be calling for a special session so they could revisit that issue and others.

In non-budget year, it can be hard to make significant change because money is generally not available to fund new programs or increase existing ones. This year, the biggest education issue lawmakers passed was a bill to make up an unexpected shortfall in school funding.

Below is a summary of education bills that passed this session, which next head to Holcomb, where he can decide whether to sign them into law. You can find the status of all the bills introduced this year here, and Chalkbeat’s 2018 legislative coverage here.

Graduation and workforce

Senate Bill 50 establishes the governor’s workforce cabinet, which would oversee job training efforts across the state. The cabinet would create a “career navigation and coaching system,” which all Indiana high schools would be required to participate in. State Superintendent Jennifer McCormick would be a cabinet member.

House Bill 1426 would combine Indiana’s four diplomas into a single diploma with four “designations” that mirror current diploma tracks. In addition, it would change rules for getting a graduation waiver and create an “alternate diploma” for students with severe special needs.The bill would also allow the Indiana State Board of Education to consider alternatives to Algebra 2 as a graduation requirement. It makes several changes to state tests, replacing the state high school exam with a national college-entrance exam and eliminating the requirement that schools give the Accuplacer remediation test. The final version of the bill also changes the timing of testing from earlier version. Students wouldn’t begin the new graduation pathways plan until 2021, so the same deadline was applied to switching to a college entrance exam for state accountability. Until then, state education officials will have to decide what annual test high schoolers take when students in grades 3-8 switch to the new ILEARN test next year.


House Bill 1001 would close the gap in school funding that resulted from miscalculations in the number of students attending public schools. The bills would let the state transfer up to $25 million this year and up to $75 million next year from a reserve fund to the state general fund, where it could then be distributed to districts. The bill also calls for a study of virtual education programs within school districts.


Senate Bill 172 would require public schools to offer computer science classes as an elective in high schools, as well as a part of the science curriculum for all K-12 students, by 2021. The bill also sets up a grant program to help pay for teacher training in computer science.

Senate Bill 297 would require schools to include “employability skills,” also known as “soft skills,” in their curriculums. The idea for the bill came from David Freitas, a member of the state board of education.

Senate Bill 65 would require school districts to let parents examine any instructional materials dealing with sex education. It would also require schools to send out consent forms for sex ed classes, where parents could then opt students out of the class. If they do not, the students would still receive instruction.

House Bill 1399 would require the state board to create elementary teacher licenses in math and science. It would also require the state education department to create an incentive program to reward teachers who earn the content area licenses.

Senate Bill 387 would allow districts to pay teachers different amounts and give special education and science teachers extra stipends in an effort to fill jobs. A previous measure that would let districts hire up to 10 percent of unlicensed teachers has been added and removed several times this year, and was killed for good in conference committee. The bill also makes changes to the state’s career specialist permit. Career specialists would have to pass an exam showing they understand how students learn and the practice of teaching, in addition to content exams. The bill also removes a provision from the current version of the permit that says a career specialist must have a bachelor’s degree in the area they wish to teach in.


House Bill 1420, among several other measures, would not let a student who has been expelled from a virtual charter school for non-attendance re-enroll in that same school during the same school year.

House Bill 1421 would ask the state education department to develop a school discipline model that reduces suspensions and expulsions, especially among students of color. It also requires the department to provide guidance and information to districts, beginning in 2019, that want to use that model. It encourages the legislative council to study positive student discipline and restorative justice and asks the education department to survey districts on those practices.

House Bill 1398 would allow a group of charter schools and districts to form a “coalition” to pursue innovative academic strategies. Coalition members could also waive certain state requirements, such as the requirement that students pass Algebra 2 to graduate.

Senate Bill 217 would require districts and charter schools to screen students for dyslexia and by 2019, to employ at least one reading specialist trained in dyslexia, among other provisions.

House Bill 1314 would set up data sharing between the state’s education and child services departments. It would also require that the Indiana State Board of Education release an annual report about foster and homeless youth education.

'A Significant Change'

Done doing ‘more with less,’ Brighton district will move to a four-day school week

PHOTO: Seth McConnell/The Denver Post
Students in Alicia Marquez's 6th grade science class at Overland Trail Middle School in Brighton watch a video and work on home work in August 2017. (Photo by Seth McConnell/The Denver Post)

Students in the Brighton school district will attend school just four days a week starting next school year.

Officials with the fast-growing district north of Denver announced they were considering the change earlier this year after voters turned down a request in November for more local taxes, the latest in a string of defeats for District 27J. This week, they made it official.

There are already 87 school districts in Colorado that use a four-day week at all their schools, but until recently, the phenomenon was largely limited to rural districts. Brighton will be the largest school district in the state on a four-day week

In response to the concerns of working parents, the district will offer paid child care for elementary-aged children every Monday, when school is closed, officials said. Teachers will work some Mondays on planning and professional development.

The change is expected to save the district about $1 million a year, but Brighton Superintendent Chris Fiedler previously told Chalkbeat that the biggest benefit will be “to attract and retain teachers” in a district whose salaries are among the lowest in the metro area.

“I realize this will be a significant change for our students, their families, and the communities we are so fortunate to serve, but our district can no longer be expected to do more with less financial resources,” Fiedler said in a press release.

A mill levy override, a type of property tax increase, hasn’t been approved in District 27J since 2000. A 16th request for more revenue failed in November.

“We are 100 percent committed to providing our students with the necessary skills and competencies that will enable a future far beyond graduation,” Fiedler said. “To that end, I believe it is in our students’ best interest to provide high-quality, engaged teachers using 21st Century tools for learning four days a week rather than not have them five days a week.”

Local union president Kathey Ruybal told Chalkbeat that teachers showed “overwhelming support” for the change.