perks of being a charter school

Cuomo’s budget proposal includes perks for New York City charter schools, including lifting the city’s cap

PHOTO: Alex Zimmerman
Thousands of parents and students attended a charter school rally hosted by Families for Excellent Schools in September 2016

When Gov. Andrew Cuomo released his executive budget proposal last week, New York’s charter school advocates were quick to offer support.

The pro-charter group StudentsFirstNY said the plan reaffirms Cuomo’s belief in the “critical role” of charter schools. New York City’s Charter Center said it sets the stage for “continued growth.”

Why are they excited? The budget proposal includes a few significant perks for charter schools — particularly those in New York City, where more schools would be allowed to open in the coming years.

Here is a breakdown of the changes:

New York City’s charter-school cap eliminated

State law currently allows for just 30 more charter schools to open in New York City — but that number may soon skyrocket.

New York state currently has a statewide charter school cap and a cap specific to New York City. Under Cuomo’s proposal, New York City’s charter cap would be eliminated, leaving just one overall cap on charter schools across the state.

That’s significant because New York City only had those 30 charter slots remaining by November 2016, according to the Charter Center, though there were 126 charters left to issue throughout the state.

The legislature last adjusted the cap in 2015, when it gave the city another 50 slots.

More help paying for private space

As New York City’s charter schools expanded rapidly under former Mayor Michael Bloomberg, many were given space in the city’s public school buildings. Some, though, were told they would have to find and pay for space themselves.

Charter advocates won a big victory in 2014 when the state passed a law requiring New York City to help charter schools pay for private space. Under Cuomo’s new proposal, those schools would get a little more help.

Under the 2014 law, new and expanding charter schools that don’t get public space are entitled to either 20 percent of their per-pupil tuition rate or their total rent, whichever is less. Cuomo’s proposal would increase that to 30 percent of per-pupil tuition rate or the school’s “total facility rental cost.”

The problem for charter schools is that moving into a private space often costs more than the the rent or the 20 percent figure, said David Umansky, the CEO of Civic Builders, an organization that helps charter schools find and build spaces. When that happens, schools face tough budgetary choices, he said.

“It’s not about building the Taj Mahal. It’s about just finding a space to teach kids,” Umansky said. “It’s a real stress on schools.”

Under the law, the city is on the hook for up to $40 million in rent. Once it hits that figure — which the Charter Center estimates will happen sometime this year — the costs will be split with the state.

More public space all at once

Another change requires charter schools to be given enough room for a chunk of grades in the space they are offered. For instance, the city could not give a new charter school one year of co-located space for just a first grade when the charter school has approved plans to expand up to fourth grade.

what's public?

Private managers of public schools, charter leaders enjoy extra buffer from public-records laws

PHOTO: Monica Disare
Eva Moskowitz, Success Academy Charter Schools CEO.

When Success Academy officials read the news last month that board chair Daniel Loeb had made a racially charged comment about a New York State senator, what did they do next?

Did Success CEO Eva Moskowitz frantically email confidantes about the incident? Did her team craft a new policy on board member conduct?

It turns out, we may never know.

That’s in part because emails sent by Moskowitz and other leaders of New York City’s largest charter network which oversees 46 public schools and 15,500 students are not subject to the same public-records laws as district school officials, such as Chancellor Carmen Fariña.

Moskowitz and officials at other charter school networks are generally exempt from the law because they don’t work for individual schools or city agencies, both of which are required to hand over certain records to members of the public who request them. Instead, they are employed by nonprofit groups called charter management organizations, or CMOs, which aren’t covered by the state records law.

“Success Academy Charter Schools, Inc. (SACS) is a private nonprofit organization that provides services to charter schools, but it is not itself a charter school or a government agency under FOIL,” wrote Success Academy lawyer Robert Dunn in response to an appeal of a Chalkbeat request for Moskowitz’s emails under the state’s Freedom of Information Law, which the network had denied. “Thus, it is not in and of itself subject to FOIL or required to have an appeal process.”

In addition, Success officials said the emails would not need to be released because they qualify as internal communications that are exempt from the public-records law.

The city’s most prominent charter school networks — including KIPP and Uncommon — have similar CMO structures, which appears to shield their leaders from at least some FOIL requests. While “the KIPP NYC public charter schools themselves are subject to the New York Freedom of Information Law,” KIPP spokesperson Steve Mancini said in an email, the “CMOs are not.”

But some government-transparency advocates argue that the law is not so clear cut.

Because CMOs are so heavily involved in the operation of public schools, it could be argued that the vast majority of their records are kept on behalf of public schools and should be public, said Bob Freeman, executive director of the Committee on Open Government and an expert on public-records laws.

Even though nonprofits aren’t covered by FOIL, he said, “Everything you do for an entity that is subject to FOIL — everything you prepare, transmit, and receive — falls within the scope of FOIL.”

Success Academy officials emphasized that the network does not categorically deny public-records requests involving its management organization. For instance, it may hand over CMO records related to the daily operation of its schools, the officials said. The network decides on a case-by-case basis which CMO records are public and which are not, they added.

“We follow the same policies as all other charter management organizations,” said Nicole Sizemore, a Success Academy spokeswoman.

Uncommon Schools spokeswoman Barbara Martinez said that their individual schools are subject to public-records requests and the nonprofit CMO releases budget information on its public tax forms.

“Uncommon Schools is a non-profit organization that follows all local, state and federal laws regarding disclosure,” she said in a statement.

However, because public-records laws mainly apply to government agencies and institutions, it is likely that some important communications related to charter schools — such as charter officials’ emails to real-estate companies, for example and detailed financial records related to their CMOs would be off limits to the public.

The issue of charter management transparency flared up in Connecticut a few years ago.

After the state accused a CMO of nepotism and financial mismanagement of its charter schools, the Hartford Courant requested CMO records under the state’s Freedom of Information law. The CMO refused to hand them over, saying, “We are not a public agency.”

In response, state lawmakers proposed a law to increase CMO transparency and subject them to public-records laws. After charter advocates decried the law as overly broad, lawmakers amended it and the law was passed. (A similar bill was recently introduced in the California legislature but did not pass.)

Similar scandals involving CMOs could happen elsewhere, said Wendy Lecker, an attorney at the Education Law Center. During the debate in Connecticut, she called for making all CMO records public.

“Something done on behalf of a school should be subject to transparency and Freedom of Information laws,” she said. “I don’t see why they’d want to shield the public from that.”

A large number of charter schools are run by charter management organizations. In 2015, about 55 percent of New York City charter schools were managed by CMOs, according to the National Alliance for Public Charter Schools.

The nonprofits help their schools hire, pay, and train staff; analyze data; and handle advertising and public relations, according to a report by the NAPCS. The report notes that these organizations are distinct from textbook companies or other vendors that schools contract with because CMOs “have considerable influence over the instructional design and operations of their affiliated charter schools.”

The nonprofit structure has enabled networks to open new schools more easily, including ones in multiple districts and states, said James Merriman, CEO of the New York City Charter School Center.

Even if New York’s public-records laws applied to CMOs, that would not guarantee that all their records would be accessible or easy to obtain.

New York City’s education department, for instance, is notorious for dragging its feet on FOIL requests. And some information is also exempt from the public-records law.

For instance, opinions or recommendations from within an agency or from outside consultants are exempt from public disclosure. Success’ lawyer argued that even if the network’s executives were subject to public information requests, Moskowitz’s emails to or about Loeb would fall under this “inter-agency” communication exception.

However, government agencies would still have to supply the requested emails, just with the exempted information redacted, said Allan Blutstein, the public-records advisor for the political opposition research group America Rising. Even redacted emails can provide a wealth of information, Blutstein said, since simply seeing when the emails were sent, who they were sent to, and how many were exchanged provides insights into how the organization responded.

“You may not get his or her personal opinion back and forth, but there’s value in knowing how soon they reacted, how soon they’re responding to other people,” Blutstein said. “You can make these types of inferences and learn a lot.”

In addition, institutions that are subject to FOIL must hand over more detailed budget information than nonprofits typically disclose, Blutstein said. While nonprofits are required to release general information, like how much they spend on supplies or training, public institutions must hand over almost every record, he said.

Q and A

Former Success Academy lawyer hoping to start own charter network wants to ‘take it to the next level’

As the former top lawyer for Success Academy, Emily Kim had a hand in almost every aspect of New York City’s largest and most controversial charter-school network — from negotiating lunch times for schools in shared buildings to defending Success in court.

After spending six years with Success, Kim is setting off to launch her own charter network with locations in Manhattan’s District 6, which includes Inwood and Washington Heights, and the Bronx’s District 12, which includes the south and central Bronx. Called Zeta Charter Schools, she hopes to open in 2018.

PHOTO: Photo courtesy of Emily Kim
Emily Kim

Kim is still a big believer in Success — two of her children go there, and she praised its lightening-rod leader, Eva Moskowitz, as “brilliant” — but she thinks she has something different to offer.

“I chose the best schools possible for my own children,” she said during a recent interview with Chalkbeat near her home on the Upper West Side, “but I’m still going to innovate and take it to the next level.”

The school’s co-founders — Jessica Stein and Meghan Mackay — also have ties to Success, as do several board members listed in the school’s charter application. (One of the board members, Jenny Sedlis, is a Success co-founder and director of the pro-charter advocacy group, StudentsFirstNY.)

But Kim’s vision also seems tailored to avoid some of the usual critiques of charter schools, including that they rely on harsh discipline policies. By contrast, her plan for Zeta calls for limiting the use of suspensions. She also wants her schools to be diverse, though she admits that will be difficult in residentially segregated areas like the Bronx.

A mother of three, Kim has taught in classrooms in New York City, Long Island and even West Africa. She worked on special education issues in Philadelphia district schools before heading to law school at Temple and Columbia. While working as a corporate litigator, she took on a case pro-bono for Success — and was soon offered a job as the network’s first general counsel.

Below are edited highlights from our interview with Kim earlier this month where she described how her experience as an Asian-American growing up in Iowa shaped her views on school segregation, why she believes high-stakes tests are important, and what role she sees for charter schools like hers.

Kim talked about sending her son to Success:

My child was 4 years old when all of this kind of unfolded. The first school I visited was Eva’s school, Harlem 4.

… I was so astounded by what I saw — which is the energy of the teachers. Just the level of dedication, commitment, the joy and energy of their teachers — I was blown away.

Then Eva gave a talk at the end. She was clearly a hard-driving, almost in a sense, from my perspective then, a business person. So I thought, “That’s the type of person who should be running schools.”

What’s your role going to be as you launch your own charter schools?

I’ll be the CEO. I want to take all of the great things that I saw at Success and at other schools and — like in any other enterprise — I want to take the best of the best, and I want to implement it.

And then I want to work on implementing some of the ideas that I have as well.

What’s your goal for your schools?

The number one goal is to just create additional education opportunities. As a parent, I feel this very strongly: No parent should have to send their child to a school that is not a good school.

… Our schools are going to prepare kids for the tests, and the reason is that tests are access to power. And whether you like it or not, if you want to go to college — to a good college — if you want to go to law school like I did, you take the SATs. You take the LSAT. You have to do a good job.

How are you going to measure your schools’ success?

Academic outcomes are first and foremost because truly, if I can’t hit the academic outcomes, there’s no point. I’m wasting everybody’s time and I don’t want to do that. That’s number one.

… We’re looking at going backward from very rigorous high school and college curricula, and working backwards from there. So that’s our vision when we’re establishing our schools. What do kids need to be successful in college?

And it’s not just the testing outcomes, but it’s also the soft skills that kids need in order to get there. Kids need to be able to self-regulate, and that’s got to start in elementary school, in order to be successful in middle school.

On what her schools will look like:

One of the most important elements of our school design is going to be technology.

We’re still in early days, but I’m visiting many schools across the nation that are doing things that are very exciting in technology. I’m also going to be looking in the private sector to understand what are the skills that kids need to actually be innovators. I’d love if one of our students were able to invent an app that made a difference in the world.

Many New York City schools, district and charter alike, are highly segregated by race and class. Kim spoke about the city’s segregation:

In New York City, with the exception of Success Academy and other high-performing schools, you can go to the playground and look at the skin of the children who are playing there or look around the neighborhood and the socioeconomic status of the neighborhood, and you’ll know the quality of the school. It’s a terrible, terrible situation. And that’s 60 years after Brown v. Board of Education.

And how her own background informs her views on the issue:

I grew up in Iowa. I was one of the very few students who looked like me. My dad was a math professor. There were very few African Americans, few Hispanics, and very few Asians. That was hard in a lot of ways in that I grew up with a lot of teasing and whatnot. But I also was forced to navigate a world that I didn’t understand from my own experience.

… I have the perspective that it shouldn’t [just] be the case that minorities are integrating into the larger majority population. The majority population also has to integrate themselves in the minority enclaves. As long as we have this idea that it has to go one way only, that’s perpetuating the problem.

Have the city’s charter schools done enough when it comes to integration?

… It’s just so challenging for charters because honestly, opponents of charters use the segregation idea as another weapon against charters in terms of why they’re not serving the greater good — because they’re segregated.

Well, they’re segregated because they went into areas that were low income. Unfortunately, those kids weren’t getting a good education.

So what should the mission of charter schools be?

Charter schools were largely, originally intended to bring options to children who didn’t have them — so that would be low-income [students]. That’s not really my vision of charter schools. I think that charter schools are places where innovation can happen.

… I would love for what we learn through our [research-and-development] approach to be implemented at district schools. I’m very interested in district reform. I think there are a lot of challenges to district reform, but we’d love to come up with solutions that can be applied in other contexts.

Kim explained her decision to leave Success and start her own schools:

Staying with Success surely would have been a very rich experience, but I also thought I wanted to build something and I had some ideas.

… It was a really hard decision. But I’m really glad I did and every day I’ve made that decision, I feel like I’ve made the right decision.

I guess it will be answered once I have the schools up and running. If they’re doing well, then I’ll have my answer.