Charter changes

This sweeping proposal would rewrite Tennessee’s charter school law

PHOTO: Laura Faith Kebede
Rep. Harry Brooks and Assistant Commissioner of policy Elizabeth Fiveash present the charter proposal to lawmakers on Wednesday.

A wide-ranging charter school bill written by the State Department of Education seeks to overhaul Tennessee’s 15-year-old charter law and address concerns of both advocates and opponents.

Called the “Tennessee High-Quality Charter Schools Act,” the bill attempts to address the often rocky relationships between the state’s 105 charter schools and the districts that oversee them. The legislation clarifies rules on everything from applications to closure, and includes measures that charter and local district leaders have fought for — and against.

“This bill develops a stronger partnership between the (districts) and the charter schools,” said Rep. Harry Brooks, the Knoxville Republican sponsor.

But smoothing over fractious relationships won’t be quick or easy, based on the first discussion in a House subcommittee on Wednesday. Lawmakers adjourned before casting a first vote on the proposal, with plans to pick up the discussion next week.  

And while representatives of the Tennessee School Boards Association and the Tennessee Charter School Center told lawmakers that the bill is a “step in the right direction,” some critics remain concerned about the growing sector’s impact on traditional public schools.

For years, local school board members — especially from districts in Memphis and Nashville, which are home to most of the state’s charter schools — have charged that charter schools drain resources from traditional public schools. Charter leaders, meanwhile, have complained that they don’t get enough funding to cover facilities, forcing them to spend money that should go toward students instead on rent and building upkeep.

The Department of Education tried to address both concerns in its bill. The legislation establishes a $6 million fund over three years to help cover leaky roofs and cramped quarters that operators say make their jobs harder. But the bill also allows local districts to charge operators an authorizer fee to offset oversight costs.  

Local districts have sought to charge an authorizer fee for years, and charter operators in Memphis recently have shown willingness to voluntarily pay one. In 2015, the state legislature voted to allow the state’s Achievement School District to begin collecting a fee, too.

The state proposal would allow a district with 21 or more charter schools to charge a fee up to 1 percent of per-pupil funding. Districts with 10 to 20 charters could charge a 2 percent fee, and those with 10 or fewer could charge 3 percent. The change would go into effect in 2018.

“The local district has significant responsibility in regards to being an authorizer of charter school,” Brooks explained when introducing the bill. “There’s expense tied up in that; there’s personnel tied up in that.”

But some think the proposed fee isn’t nearly enough, especially in Memphis and Nashville, where the ASD and State Board of Education can charge charter schools 3 and 4 percent, respectively. In Shelby County Schools, for instance, the district is doubling the size of its charter office to keep up with its oversight duties.

“When state authorizers are getting higher fees than districts, that’s a red flag,” Nashville school board member Will Pinkston told Chalkbeat. “One percent seems like a nice first offer, but districts need to make significant counter offers to get that higher.”

Other parts of the expansive bill would curb local attempts to rein in charter schools. One section says that applications can’t be based on “conditions or contingencies” — a provision that concerns Pinkston, who spearheaded an effort to make the approval of Nashville charter schools contingent on their location.

“Every local school system needs to have the ability to ask for the details they think are necessary before making a decision,” he said.

Charter operators argue that such contingencies put them in impossible situations, unable to secure a location without a contract, and vice versa.

breaking

A student is in custody after Noblesville West Middle School shooting that injured another student and teacher

Police asses the scene outside Noblesville High School after a shooting at Noblesville West Middle School on May 25, 2018 (Photo by Kevin Moloney/Getty Images)

A male student shot and injured a teacher and another student at Noblesville West Middle School on Friday morning, police said.

Noblesville police Chief Kevin Jowitt said the shooting suspect asked to leave a class and returned armed with two handguns. The suspect, who police said appeared to be uninjured, is in custody and has not been identified by police.

The teacher, 29-year-old Jason Seaman, was in “good” condition Friday evening at Indiana University Health Methodist Hospital, police said. The female student, who was not identified by police, was in critical condition at Riley Hospital for Children.

News outlets were reporting that Seaman intervened to stop the shooter, but authorities said they could not confirm that on Friday afternoon.

The Noblesville Police Department has a full-time school resource officer assigned to the school who responded to the incident, Jowitt said. Local, state, and federal law enforcement agencies also responded to the shooting.

“We do know that the situation resolved extremely quickly,” Jowitt said. “We don’t know what happened in the classroom, so I can’t make any kinds of comments about what [the resource officer’s] involvement was.”

Students were evacuated to Noblesville High School on Friday morning, where families met them.

Jowitt said an additional threat was made at the high school, but they had “no reason to believe it’s anything other than a communicated threat.”

Police continue to investigate. They said they do not believe there are additional suspects. Noblesville Police spokesman Bruce Barnes could not say how the student acquired the guns, but he said search warrants have been issued.

Noblesville West Middle School enrolls about 1,300 students. Noblesville is a suburb of Indianapolis, about 20 miles north in Hamilton County. The district has about 10,500 students.

The frenzied scenes Friday outside the school have become sadly familiar. Already, there have been 23 school shootings in 2018 that involved someone being injured or killed, according to media tallies.

Just last week, 10 people were killed and 13 others were injured in a shooting at Santa Fe High School outside Houston. A student at the school has been arrested and charged.

In February, 17 people — 14 students and three staff — were shot and killed at Marjory Stoneman Douglas High School in Parkland, Florida, and a 19-year-old faces multiple charges.  The Parkland tragedy set off a wave of student activism across the country — including in Indianapolis — calling for stricter gun control.

“We’ve had these shootings around the country,” said Noblesville Mayor John Ditslear. “You just never think it could happen in Noblesville, Indiana. But it did.”

Noblesville Schools Superintendent Beth Niedermeyer praised the “heroic” efforts of school staff and students, saying they followed their training on how to react to an active shooter situation.

Barnes also hinted at the broader trauma that school shootings can have on students and communities.

“We ask for your prayers for the victims in this case,” he said. “I think that would include a lot of kids, not only ones that were truly the victims in this case, but all these other kids that are trying to make sense of this situation.”

Watch the press conference:


A Chalkbeat reporter is on the scene:

In a pattern that has become routine, Democratic and Republican politicians offered prayers on Twitter.

temporary reprieve

Parents score a temporary victory in slowing the closure of a small Brooklyn elementary school

PHOTO: Alex Zimmerman
Protesters gathered at the education department's headquarters to protest a recent set of closure plans.

A judge blocked the closure of a small Brooklyn elementary school Thursday — at least for now.

Three families from P.S. 25/the Eubie Blake School filed a lawsuit in March backed by the public interest group Advocates for Justice, arguing the city’s decision to close the school was illegal because the local elected parent council was not consulted.

Brooklyn Supreme Court judge Katherine Levine did not make a final ruling Thursday about whether the closure plan violated the law. But she issued a temporary order to keep the school open while the case moves forward.

It was not immediately clear when the case will be resolved or even if the school will remain open next year. “We are reviewing the stay and will determine an appropriate course of action once the judge makes a final decision on the case,” education department spokeswoman Toya Holness wrote in a statement.

The education department said the school has hemorrhaged students in recent years and is simply too small to be viable: P.S. 25 currently enrolls just 94 students in grades K-5.

“Because of extremely low enrollment, the school lacks the necessary resources to meet the needs of students,” Holness wrote. The city’s Panel for Educational Policy, a citywide oversight board that must sign off on all school closures, voted in February to close the school.

But the school’s supporters point out that despite low test scores in the past, P.S. 25 now ranks among the city’s top elementary schools, meaning that its closure would force students into lower-performing schools elsewhere.

“Why close a school that’s doing so well?” said Leonie Haimson, the executive director of Class Size Matters and one of the lawsuit’s supporters. “It doesn’t make sense to me.”

The lawsuit hinges on a state law that gives local education councils the authority to approve any changes to school zones. Since P.S. 25 is the only zoned elementary school for a swath of Bedford-Stuyvesant, the department’s plans would leave some families with no zoned elementary school dedicated to educating them, forcing students to attend other district schools or enter the admissions lottery for charter schools.

That amounts to “effectively attempting to change zoning lines” and “unlawfully usurping” the local education council’s authority to determine those zones, according to the lawsuit.

But even if the education department loses the lawsuit, the school’s fate would still be uncertain. The closure plan would theoretically be subject to a vote from the local education council, whose president supports shuttering the school.

Still, Haimson hopes the lawsuit ultimately persuades the education department to back away from closing the school in the long run.

“My goal would be to get the chancellor to change his mind,” Haimson said. “I don’t think the future is preordained.”