Try again

State education officials question another batch of Success Academy charter renewals

PHOTO: Success Academy
A "Slam the Exam" rally for Success Academy students

This July, New York’s top education policymakers are gearing up for next year — with a little charter school drama brewing on the side.

Reigniting a debate that flared in April, the board is poised to send a set of Success Academy charter school renewals back to SUNY, the network’s authorizer, rather than approving them.

The state also plans to release a revised draft of its plan under the Every Student Succeeds Act on Monday, according to state officials. The Regents are not planning to vote on the state’s revised learning standards, though they are scheduled to discuss them.

The majority of July’s meeting will be devoted to a public “retreat,” which includes discussions about school integration, graduation requirements and principal standards. These conversations will likely provide insights into what policymakers are interested in tackling next school year.

Success Academy renewals (again)

In April, the state’s Board of Regents sent a slate of Success Academy charter renewals back to SUNY, arguing the authorizer had renewed them too soon.

The same appears poised to happen at July’s meeting. There are eight Success Academy schools tentatively approved for full, five-year renewals by SUNY along with one other city charter, the Bronx Charter School for Better Learning. State officials recommend sending the renewals back to SUNY with comments.

The move is largely symbolic, since SUNY has the final word, but it caused some debate last spring. After the Regents meeting in April, the decision to send the renewals back to SUNY gave rise to dueling op-eds written by Robert Pondiscio and New York State Board of Regents Chancellor Betty Rosa.

The board is not scheduled to discuss SUNY’s recent proposal to allow some of its charter schools to certify their own teachers, though that announcement drew criticism from State Education Commissioner MaryEllen Elia and Board of Regents Chancellor Betty Rosa earlier this month.

A whole new law

New York state education officials are also in the final stages of completing their plan to evaluate and improve schools under the Every Student Succeeds Act, a new federal law.

The state released its draft plan in May and state officials said they will present revisions at Monday’s meeting. The final vote is expected in September and state officials said they will submit the plan to the U.S. Department of Education later that month.

The revisions are not yet public, but questions have already been raised about how the state will assess transfer schools, which are geared toward students who have fallen behind in high school, and how it will display information about schools to the public.

“We’re going to be looking at the dashboard and what represents a [good] set of indicators,” said Regent Judith Johnson. “What indicators do we need as measures of professionalism, measures of assessment, measures of success?”

The board could also discuss the U.S. Department of Education’s comments on other states’ plans that have already been submitted. U.S. Education Secretary Betsy DeVos’s team surprised states by taking a hard line in initial feedback.

New learning standards?

There is no vote scheduled on new learning standards at this meeting, but the board will hear an update on the process.

The state has received 238 comments on the Next Generation math standards and 252 responses about English, according to a Regents document. The document suggests they are still working on early-grade reading standards and clarifying how they will apply to students with disabilities and to English learners.

This work is part of the lengthy process of revising the Common Core learning standards and unveiling them as the Next Generation Learning Standards. So far, state officials have released a draft set of revised standards, revised them again and given them a new name.

When they unveiled the revisions (to the earlier proposals) in May, state officials said they expected to officially approve new standards in June. But they have yet to come to a consensus and now expect the final version to go before the board in September.

Integration

At the Regents’ last meeting, state officials planted a stake in the ground on the topic of integration, calling New York schools the most segregated in the country and kicking off a preliminary discussion on how to integrate schools. The conversation came soon after the city unveiled its own diversity plan, which some critics found disappointing.

But the state’s discussion left many questions unanswered. During Monday’s discussion, it’s possible some of the Regents’ positions will become clearer.

Graduation

The Regents have been working to reform graduation requirements for years. Last year, the board took some steps in that direction when it allowed students to earn a work-readiness credential in place of a final Regents exam and made it easier for students with disabilities to graduate.

At July’s meeting, the topic is slated for a broader discussion, prompting the question: Could a more substantial rethinking of what it means to earn a New York state diploma be on the way?

Regent Roger Tilles, who has been active in discussions of changes to graduation requirements, suggested that anything could be on the table, including an end to using Regents exams as graduation requirements.

“I’m not sure I know exactly where we’ll end up,” Tilles said. “I know where I don’t want to end up: where we are now.”

showdown

McQueen’s deadline looms for Memphis and Nashville to share student info with charter schools — and no one is budging

PHOTO: Laura Faith Kebede
A request for student contact information from Green Dot Public Schools to help with enrollment efforts sparked a fight between the state and Shelby County Schools.

As Tennessee’s two largest school districts fought an order to share student information with charter schools, the state education commissioner set a deadline last week.

Candice McQueen told the superintendents of Shelby County Schools and Metropolitan Nashville Public Schools they had to provide the data to charter schools that asked for it by Sept. 25 — or the state would “be forced to consider actions to enforce the law.”

But with just three days until the deadline, neither district has said it will budge. The consequences “will be determined Monday,” McQueen told Chalkbeat on Friday.

McQueen has not offered more information about what those consequences could be, though some lawmakers have worried it could mean funding cuts. There is some precedent for such a move: The Nashville district lost $3.4 million in state funding in 2012 when it refused to approve a controversial charter school, according to The Tennessean.

The clash comes after the Nashville and Memphis districts refused to turn over student contact information to charter networks, who argue that information is vital to their operation. Many Memphis schools, including those in the state-run school district, have been struggling with under-enrollment.

An amendment to an untested U.S. Department of Education rule suggests local districts can withhold information like phone numbers, addresses and email addresses — but a new state law requires Tennessee districts to hand it over to charter schools within 30 days.

The state department of education asked the attorney general’s office to weigh in. Last week, the attorney general said the districts had to turn the information over, but also that districts could take a “reasonable period of time” to notify parents about their right to opt out.

Shelby County Schools posted opt-out forms for parents on its website the next day, and gave parents until Oct. 22 to fill them out. The form allows parents to keep their information from charter schools specifically or from outside entities more broadly, including companies like yearbook providers, for example.

What Memphis parents should know about how schools share student information

The school boards for the two districts have been in lockstep in defying the state’s order, with the Memphis board even offering to write a legal opinion if Nashville were to go to court over the issue.

Shelby County Schools Superintendent Dorsey Hopson said his legal team is still reviewing the attorney general’s opinion.

“We still want to make sure parents know what their options are,” Hopson told Chalkbeat on Tuesday. “When we [McQueen and I] talked, she understood that our opt-out forms were out there.”

Anna Shepherd, board chair for the Nashville district, said the board met with its attorney this week to discuss the issue but took no action.

“We have not had any further conversation with the state concerning the release of data for MNPS students,” Shepherd said by email. “I’m not anticipating any action [before Monday].”

Reporter Caroline Bauman contributed to this report.

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.