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.

upheaval

Frustrations over principal turnover flare up at IPS School 43

PHOTO: Dylan Peers McCoy
School 43

It began with a tame slideshow presentation about hiring a new principal at School 43. But the Wednesday night meeting soon spiraled into a venting session — as parents and teachers pleaded with Indianapolis Public Schools to send in more staff.

Bakari Posey, the principal of School 43, departed for another job last week in the latest upheaval at the school, which is also known as James Whitcomb Riley. The assistant principal, Endia Ellison, has taken over in an interim capacity, as the district searches for a new leader for the school, which has faced significant turnover in recent years.

“This school needs help,” said Natasha Milam, who has three children at School 43, which serves about 450 students in prekindergarten to eighth-grade. “We need you all to listen. And we need you all to hear us.”

Milam, who volunteers at the school, said that because the building does not have enough staff to handle behavior problems, students are suspended far too often — meaning students are at home doing chores or getting into trouble, instead of in class learning.

Many in the neighborhood had hoped Posey, who is from the community, would be able to turn the school around after the previous two school leaders left their posts just months into the job. But under Posey’s leadership, the school continued to struggle on state tests, with just 7 percent of students passing both the math and English exams last year.

And after two-and-a-half years on the job, Posey left and began working this week as assistant principal at Fall Creek Valley Middle School in Lawrence Township. In an email Thursday, Posey said that he left because he thought the position in Lawrence would help him grow professionally and it was closer to his home.

Posey also disputed the picture of School 43 as a campus in crisis. He said this school year, there hasn’t been “turmoil in the school in regards to student behavior,” suspensions were down, and the campus has been “very calm.” (Suspension numbers could not immediately be verified.) He also said that Indianapolis Public Schools provided “great support” to school staff.

Nonetheless, parents and teachers’ at the meeting Wednesday said the school has serious problems.

Ryesha Jackson, a 4th-grade teacher who has been at the school a little over a year, said there are not enough staff to help with student discipline problems. That makes it hard for educators to teach, she said.

“We have fights almost every day,” Jackson said. “I guess my question is, ‘What are we doing right now to support teachers?’”

School 43 is a neighborhood school, on the north side of the district. More than 75 percent of students there are black, and almost 70 percent are poor enough to qualify for free or reduced-price meals — about the district average.

Indianapolis Public Schools interim Superintendent Aleesia Johnson said district and school leaders would work together to develop a plan to address the urgent problems at School 43.

“But what I can’t give you right now is the plan for that help,” she said. “That takes time and coordination with the school staff.”

The district is gathering input about what school community members are looking for in a principal before posting a listing, officials said. Finalists will be interviewed by committees of parents, community members, and school and district staff. The goal is to name a new principal by April.

Also at Wednesday’s meeting was a small contingent from the IPS Community Coalition, a group that is often critical of the Indianapolis Public Schools administration, particularly the district’s partnerships with charter schools.

Michele Lorbieski, a resident from the north side who ran unsuccessfully for the Indianapolis Public Board with the support of the coalition last year, said the district cannot just rely on the next principal to fix the school.

“What I’d hoped to hear tonight was what the school district was doing to put things in place to stop this revolving door of principals,” she said.

District officials did not directly address why turnover has been so high among principals at School 43. But Brynn Kardash, a district official who recently began working with the school, said that the central office is doing more to support it this year.

School 43 was added this year to the transformation zone — an effort to help troubled schools that includes dedicated support and regular visits from a team at the central office, said Kardash, the district’s executive director of schools for the zone. Educators in the zone get additional training, extra planning time, and help analyzing student data, she said.

“The goal is to really support Ms. Ellison in work that she’s doing,” Kardash said, “which then leads to, hopefully, teachers feeling that support in the classroom.”

technical difficulties

This personalized learning program was supposed to boost math scores. It didn’t, new study finds

PHOTO: Patrick Wall
A student at I.S. 228 in Brooklyn does online work through Teach to One, a program that grew out of the iZone.

A program that Bill Gates once called “the future of math” didn’t improve state test scores at schools that adopted it, according to a new study.

The research examines Teach to One, a “personalized learning” program used in schools across 11 states and which has drawn support from a number of major funders, including the Gates Foundation, Chan Zuckerberg Initiative, and Netflix co-founder Reed Hastings. (Gates and CZI are also funders of Chalkbeat.)

At five schools in Elizabeth, New Jersey, students who used Teach to One didn’t improve any faster than similar students who didn’t use the program, even after three years. The results underscore the limited evidence for claims that such technology programs can dramatically improve student learning, even as they have become magnets for philanthropic dollars.

“The original aspirations, that Teach to One programs were going to have huge positive effects on math scores — we can rule that out with these studies,” said Jonah Rockoff, a Columbia professor who studied an earlier iteration of the program.

Teach to One says its approach is designed to help students steadily learn math skills, regardless of how unprepared or advanced they are. Students spend time on a computer as well as with a teacher and working in small groups. Students receive individualized schedules each day based on their progress, and a computer program adapts the curriculum to students’ strengths and weaknesses in the form of a “playlist.”

New Classrooms, the organization behind Teach To One, suggests that the Elizabeth results aren’t the full story.

It points to a separate analysis released this week that looks at a broader group of schools — 14, from several districts — that used the program. That study shows Teach to One students making above-average gains on a test known as the MAP, which is taken on a computer with questions changing as students answer correctly or incorrectly.

New Classrooms co-founder Joel Rose suggested in a statement that those computer-adaptive tests capture something that state tests can miss: students’ progress.

“What seems to be emerging is a real tension in math between approaches focused on long-term academic growth and state accountability systems,” he said.

Rockoff said there might be something to New Classroom’s argument that the study using adaptive test is better able to showcase students’ gains. “If [students] are at a grade four level but they’re in grade six, teaching them grade four material is going to hurt them on the state test,” he said.

But the author of the second study, Jesse Margolis, and a number of other researchers who spoke to Chalkbeat note that it cannot show whether Teach to One caused any of the students’ gains, though — a major limitation.

“While this study cannot establish causality, it is encouraging,” Margolis wrote. (The New Jersey study is better able to establish cause and effect, but it also has limitations and does not rely on random assignment.)

The New Jersey study isn’t the first to show that Teach to One didn’t improve test scores: so did Rockoff’s 2015 report on three New York City middle schools that looked at both state and MAP tests.

One possible explanation is that Teach to One is helpful to students in some places but not others. Margolis said his study examined the same five Elizabeth schools as the Columbia study and also found minimal gains there, but that schools elsewhere seemed to see larger improvements.

Researcher John Pane of RAND, a leader in studying personalized learning, says the results are important to understanding a field with limited research to date.

“Because we have so little evidence on personalized learning,” he said, “every data point can be helpful for us to start triangulating and piecing together what works and what doesn’t work.”