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.

$1 billion

The tension between CPS enrollment declines and new schools

PHOTO: Tim Boyle/Getty Images
The West Loop neighborhood on the Near West Side is booming with new residents and corporate headquarters.

Chicago plans on opening a handful of schools in the next several years. But for whom?

Chicago Public Schools faces a critical decline in enrollment and is closing or phasing out four more schools on the city’s South Side as a result.

Yet the district just unveiled a new $1 billion capital plan that adds schools: an open-enrollment high school on the Near West Side and an elementary school in the Belmont Cragin community on the Northwest Side. That’s in addition to repurposing two old buildings to open classical schools in Bronzeville on the Near South Side and West Eldson on the Southwest Side.

CPS is soliciting feedback about the plan this Thursday ahead of next week’s board of education vote, but community organizers say the proposal shows a bias toward investments in or near high-growth, gentrifying areas of the city. Some complain the new schools will siphon enrollment and resources from current neighborhood options, and worry the schools are an election-year ploy that will exacerbate or enable gentrification. Others contend that the district’s spending still prioritizes white and mixed communities near downtown and on the North Side as opposed to majority black and Latino communities on the South and West sides.

Despite the criticism, and despite declines in city population and enrollment, CPS said it is taking a neighborhood-by-neighborhood approach to to creating new schools and academic opportunities. In a statement to Chalkbeat Chicago, CPS defended its decision to open new schools, despite enrollment declines, by citing community demand. And CPS CEO Janice Jackson told a room of business and nonprofit executives at the City Club of Chicago on Monday, “we can’t do great work without investing” — and not just in school staff, but in buildings themselves.

At a budget hearing later in the day, Chicago Board of Education President Frank Clark stressed the money was being allocated “with a great deal of focus on local schools that in the past had legitimate reason to feel that they were not prioritized as they should (be).”

The problem, still, is fewer and fewer families are enrolling their students at CPS.

Enrollment is declining at Chicago Public Schools.

The roughly 371,000 students enrolled at CPS this year is a 15 percent decrease compared with the year 2000, when enrollment topped 435,000, according to CPS data. And there’s no sign the numbers will trend upward soon:  The district projects about 20,000 fewer students to enroll in the next three years. The trends mirror population drops in Chicago, which has about 182,000 fewer residents than it did 18 years ago, according to Census data. More than 220,000 black residents have left since the year 2000.

One expert on neighborhood change in Chicago, Alden Loury of the Metropolitan Planning Council, said building new schools shouldn’t be part of a broad policy given the city’s population declines. However, he said new schools may make sense in certain areas.

“You may see pockets within the city where there’s a very clear difference happening,” he said.

Demographer Rob Paral, who publishes Chicago demographic data on his website, said while the city’s population might be down, some parts of the city that have grown, especially areas that are gentrifying and former white ethnic enclaves transformed by Latinos and immigrants.

“Chicago has got these microclimates when it comes to neighborhood change,” Paral said.

You’ll see what he’s saying in Belmont Cragin, a community just west of one of Chicago’s most popular gentrifying communities, where the population has ballooned as the overall city population has dropped.

A new elementary school for Belmont Cragin

Belmont Cragin is a quiet, working-class neighborhood full of single-family brick bungalows and two-flat apartments. Taquerias, Mexican boutiques, hair salons and auto bodies dominate commercial corridors that used to serve more Polish residents, who are concentrated on the northern end of the community.  Since 1990, Belmont Cragin’s population has increased 40 percent to 80,000 and changed from two-thirds white to 80 percent Latino. Paral said Latinos have moved from communities like Logan Square to the east, where gentrification pushed them out, and replaced aging white populations. Latinos have similarly transformed former enclaves for European immigrants on the Southwest Side, like West Eldson and Gage Park.

CPS said in its statement that community groups and leaders in Belmont Cragin advocated for the elementary school, and that CPS “shares these communities’ vision of expanding high-quality educational opportunities to children of all backgrounds.”

CPS wouldn’t say who in the Belmont Cragin community had asked for a new school. It wasn’t Rosa Reyes or Mariana Reyes (no relation). They said their children’s school, Burbank Elementary, is losing students and needing improvements to its roof, heating and cooling systems. The district labels Burbank, like most schools in Belmont Cragin, as efficiently using its space and not yet suffering  from under-enrollment — yet. Still, its student body is shrinking. Latino enrollment at CPS seems to be falling, too. Experts note that immigrants are coming to the city at much lower rates than in the past when they offset black population loss, and that birth rates have declined across the board. 

The mothers said CPS allowed a Noble Charter Network to open in 2014 that exacerbated enrollment declines at Steinmetz High School, and that the same happened to Burbank in 2013, when an UNO charter elementary opened a few blocks west of the school.

Steadily losing students costs Burbank funding, doled out per-pupil. That’s why they the parents don’t support CPS’ new school proposal.

“It will be taking from the local schools,” Rosa Reyes said.

A push for a Near West Side high school

Drive west from Chicago’s central business district and you’ll pass through the Near West Side, one of the city’s 77 official community areas. However, those official boundaries also contain a racially and economically diverse mix of neighborhoods. East of Ashland, you’ll see the West Loop, home to mostly white and affluent residents, pricy condos, trendy restaurants, and a booming business community that includes corporate headquarters for Google and McDonalds.

But west of Ashland, as you approach the United Center where the Chicago Bulls play, you’ll find more low-income residents, public housing, and African-American residents. Like Belmont Cragin, the Near West Side has witnessed immense population growth in recent decades. White people have flocked to the area, especially the affluent West Loop, while the black population has plummeted. In 1990, about 66 percent of Near West Side residents were black and 19 percent were white. Nearly 20,000 new residents have moved in since then. Today, the Near West Side is 30 percent black and 42 percent white. An analysis by the Metropolitan Planning Council found that most African-Americans leaving Chicago are under 25, and low-income. Alden Loury, the council’s research director, said the city is struggling to retain young black people who might eventually establish families, and that many black Chicagoans have left seeking better job markets, more affordable housing, and higher quality schools.

CPS hasn’t announced where on the Near West Side it will put its proposed $70 million high school – but the community groups calling loudest for it are pro-business groups and neighborhood organizations led by mostly white professionals. The community group Connecting4Communities and the West Loop business organization the West Central Association have advocated for a new high school and see the mayor’s proposal as responsive to the growing community.

“Most of the high schools that people are comfortable sending their children to, the good ones, are selective enrollment,” said Executive Director Daniel O’Neill of Connecting4Communities.

He said that parents whose children don’t test into those schools—Jones College Prep, Whitney M. Young Academic Center, and Walter Payton College Prep —lack an acceptable option.

“Our neighborhood school, Wells, which is nowhere near our neighborhood, is so under-enrolled, and is not [a school] that people feel comfortable sending their children to,” he said. “When people see a school is so woefully under-enrolled, they just don’t have confidence in it.”

Wells Community Academy High School, which sits near the intersection of Ashland and Chicago avenues, also is mostly black and Latino, and mostly low income.

But O’Neill emphasized that high school request isn’t an effort to exclude any groups. He said the groups have a proposal for a new high school that draws on eight feeder schools, including a school serving a public housing development, to ensure the student body reflects the diversity of Chicago.

Loury of the planning council said it makes sense that as the Near West Side grows there’s a desire to satisfy that growing population. However, he found the idea of low enrollment at a predominately black and Latino school amid a boom in white population to be problematic. Parents might avoid sending their children to certain schools for various reasons, but a new building nearby furthers disinvestment in schools struggling to fill seats.

“It’s a pretty classic story in terms of Chicago and the struggles of integration and segregation,” he said.

A classical debate in Bronzeville

When it comes to CPS’ new school plans, line items don’t always mean new buildings, as evidenced by the two classical schools opening in existing structures in West Eldson on the Southwest Side and in Bronzeville on the South Side.  

Bronzeville Classical will open this fall as a citywide elementary selective enrollment school. Classical schools offer a rigorous liberal-arts curriculum to students who must test in. Last year, more than 1,000 students who qualified were turned away for lack of space, according to CPS, which is spending $40 million to expand three existing classical programs elsewhere.

“The district is meeting a growing demand for classical programs by establishing programs in parts of the city that do not have classical schools, like Bronzeville – making this high-quality programming more accessible to students in historically underserved neighborhoods,” the CPS statement read.

A spokeswoman for Alderman Pat Dowell, in whose ward the school is opening, responded to requests to interview the alderman with an emailed statement supporting the new Bronzeville school.

“It provides another quality educational option for families in Bronzeville and other nearby communities,” read the statement. “No longer will children from near south neighborhoods seeking a classical school education have to travel to the far southside, westside or northside for enrollment.”

However, some South Side residents see the classical school as problematic.

Natasha Erskine lives in Washington Heights on the Far South Side, but is Local School Council member at King College Preparatory High School in the Kenwood community near Bronzeville. She has a daughter enrolled at King, a selective enrollment high school. Before that, her daughter was in a gifted program at a nearby elementary school. Erskine supports neighborhood schools, but struggled finding schools that offered the kind of field trips and world language instruction many selective enrollment schools offer.

“I see the disparity, because it’s one we participate in it whether I like it or not,” she said.

Bronzeville is a culturally rich neighborhood known as Chicago’s “Black Metropolis,” where black migrants from the South forged a vibrant community during the Great Migration, building their own banks, businesses and cultural institutions.

And it retains a resilient core of committed black residents, but has suffered some decline and lost population like other black neighborhoods.  The community area that contains Bronzeville and Douglas has lost about half of its black population since 1990.

But Bronzeville is adjacent to the gentrified South Loop, which is grown increasingly white in recent years. And it’s a short drive  from Woodlawn, where the Obama Presidential Center is slated to be built. Paral, like other observers, predicts the Bronzeville is one of the areas between the South Loop and the Obama Library that will be further gentrified in coming years.

Jitu Brown, a longtime Chicago education organizer and community leader who heads the Journey for Justice Alliance, believes that the investments are an attempt to attract more white families to areas at a time when low-income people and African-Americans are being priced out and leaving the city. Brown added that creating more selective-enrollment schools is a different type of segregation: “You’re segregating talent.”

On Thursday, the district will solicit feedback about the spending plan via simultaneous public hearings at three different sites, Malcolm X College, Kennedy-King College, and Truman College. Here are the details.

Who's leaving?

63 teachers are leaving Detroit’s main district. Here’s a list of their names and former schools.

PHOTO: Getty Images

Is your child’s favorite teacher saying goodbye to the Detroit Public Schools Community District?

Last week, Detroit’s main district released the names of 63 teachers and 55 building staff members who retired or resigned by the end of June. We have a list of their names and the schools where they worked.

Rather than leave classrooms during the school year, teachers typically choose to retire or switch school districts while students are on break. This is only the first wave of departures expected this summer — one reason schools in Detroit are racing to hire certified teachers by the fall.

But for Detroit families, the teachers on this list are more than a number. Scroll down to see if an educator who made a difference in your child’s life — or your own — is leaving the district.

Teacher and staff separations in June 2018. Source: Detroit Public Schools Community District