Digging in

Memphis leaders vote not to release student information to charter schools

PHOTO: TN.gov
Education Commissioner Candice McQueen and Shelby County Schools Superintendent Dorsey Hopson flank Gov. Bill Haslam at a 2016 event in Memphis.

The board for Shelby County Schools voted Tuesday night to withhold student contact information from state-run charter schools.

The decision defies an order from Tennessee Education Commissioner Candice McQueen to turn over the data to Green Dot Public Schools. The charter network had requested the information under a new state law intended to spark cooperation between traditional schools and the state’s growing charter sector.

The board’s action means Tennessee’s largest district more than likely will be sued by the state of Tennessee. On Oct. 18, the state sued Metropolitan Nashville Public Schools after its board declined to hand over information to three state-run charter schools.

A spokeswoman for Tennessee’s Department of Education said the state will evaluate its options in the wake of the board’s vote.

“We are disappointed by this decision from the Shelby County Schools Board of Education as we in good faith provided the district with additional time to comply,” said spokeswoman Chandler Hopper.

The vote came after members discussed their legal options with the district’s top lawyer during a closed executive session. At issue: Whether to stick by the board’s earlier resolution to be in solidarity with Nashville’s board, or to turn over the information after giving parents the chance to opt out. (About 7,700 Memphis families met this week’s opt-out deadline set by Superintendent Dorsey Hopson.)

Board member Chris Caldwell offered up an amendment stating that the Memphis board will not comply with Green Dot’s request. The vote was unanimous, with two members absent.

Earlier at the board meeting, parent advocacy group Memphis Lift spoke in favor of data sharing. The group, which said it gathered more than 1,200 signatures on a petition, argued that the district is blocking parents from knowing all of their school options.

Hopson responded that parent concern is what prompted the district’s initial resistance in the first place. He said information previously shared by the district was used for recruitment purposes by charter operators and representatives from Memphis Lift who were knocking on doors in neighborhoods.


What Memphis parents should know about how schools share student information


Below is school board’s resolution:

Editor’s note: This story has been updated with a comment from the Tennessee Department of Education and a copy of the Shelby County Schools board resolution.

work ahead

Five months in, crucial part of New York City’s school diversity plan begins to take shape

PHOTO: Mayoral Photography Office
Mayor Bill de Blasio hosts a town hall in Brooklyn in October.

Five months after New York City officials announced a much-anticipated plan to address school segregation, an advisory group that is supposed to help put the plan into action is finally starting to take shape.

Behind the scenes, city officials have been recruiting potential members, while the group’s leaders have started some initial planning before the first full meeting on Dec. 11.

Chaired by high-profile civil rights leaders, their charge is to spearhead an independent effort to turn the city’s general plans into specific recommendations for how to spur integration in the country’s largest school district — and one of the most segregated.

Advocates have held out hope that the group will push Mayor Bill de Blasio to move faster and further on integration in his second term than he did in his first. But they also have reason to temper their expectations.

Establishing the group bought de Blasio another year to act on the politically volatile issue, a tactic he has deployed on other controversial matters including rising homelessness, the Riker’s Island jail, and contested public monuments. The integration group’s recommendations may not be released until December 2018, one member said — about six months after the original deadline, and several years after advocates began demanding action on segregation. And even then, city leaders can pick and choose among the recommendations, which are non-binding.

Politics 101 is: When you don’t want to decide, appoint a commission,” said David Bloomfield, a professor of education, law, and public policy at Brooklyn College and the CUNY Graduate Center. 

To lead the work, the de Blasio administration chose respected figures who can speak with authority on race and segregation — but who are not advocates who have demanded aggressive action. They are José Calderón, president of the Hispanic Federation; Hazel Dukes, president of the NAACP for New York State; and Maya Wiley, former chair of the Civilian Complaint Review Board, who previously served as de Blasio’s legal advisor.

Wiley, who is also professor of urban policy and management at the New School, said the group would try to boil down a decades-old problem with roots in housing policy, school-assignment systems, and structural racism to a set of realistic solutions.

“We’re looking for things that are actionable,” she said. “This is a big and complex set of questions.”

More recently, two additional members have been named to the group’s executive committee: Richard Kahlenberg, a senior fellow at The Century Foundation who is a longtime proponent of socioeconomic integration; and Amy Hsin, associate professor of sociology at Queens College.

The chairs have held at least two private planning meetings, and will continue to meet every six-to-eight weeks, said education department spokesman Will Mantell.

Mantell said the group will ultimately include 30-35 members who will be divided into committees. The city is reaching out to potential members “based on the recommendations of the executive committee and our ongoing discussions with advocates, researchers, educators, parents and community members,” he wrote in an email.

Wiley, the executive board member, said the group wants to bring a diversity of perspectives into the planning process, so will host public meetings in every borough to gather different ideas on school segregation and how to address it.

The group grew out of the city’s “school diversity plan,” which was released this summer after relentless pressure from advocates and recurring headlines about de Blasio’s relative silence on the city’s persistent school segregation. The plan left many advocates underwhelmed.

In particular, they said the city set unambitious racial and socioeconomic integration goals for itself. Pressed on such concerns, Mayor Bill de Blasio told reporters the plan was “a strong first step,” but added: “There will be more to come.”

To some advocates, the advisory group creates an opening to give teeth to the city’s plan.

David Kirkland, executive director of the New York University Metro Center, recently accepted an offer to become a member. He said he hopes — among other changes — to push the city to set more aggressive goals for “racially representative” schools, which the plan currently defines as those where 50 percent to 90 percent of students are black or Hispanic (together those groups make up 70 percent of city students).

“It’s not clear to me that we have the right metrics,” he said. “My hope is that this diversity plan is going to begin to change in significant ways.”

In order for the recommendations to take hold, its members must be truly representative of the community — and free from political pressure to sidestep thorny issues, advocates say.

New York City’s grassroots integration movement has been criticized as being dominated by white middle-class parents and activists, although it includes members of different races and backgrounds. To build broad support for their work, observers say, the advisory group will have to bring in more black and Hispanic families whose children make up the majority of city students — as well as Asian students, who are often left out of the conversation about integration.

“If we don’t have authentic and real representation,” said Matt Gonzales, who lobbies for school integration through the nonprofit New York Appleseed, “then we run the risk of running failed efforts in integration that we’ve already watched unravel” elsewhere.

Busing Ban

As school districts push for integration, decades-old federal rule could thwart them

PHOTO: RJ Sangosti/The Denver Post
Several districts across the country want to use federal money to pay for school buses as part of their desegregation plans. A federal spending restriction could get in the way.

In Florida, officials plan to use federal money to shuttle students across vast Miami-Dade County to new science-themed magnet programs in a bid to desegregate several schools.

In South Carolina, a tiny district west of Myrtle Beach intends to spend federal funds on free busing for families who enroll at two predominantly black schools, hoping that will draw in white and Hispanic students.

And in New York, state officials want to deploy federal school-improvement money to help integrate struggling schools, believing that may be the secret to their rebirth.

But each of these fledgling integration efforts — and similar ones across the country — could be imperiled by obscure budget provisions written during the anti-busing backlash of the 1970s, which prohibit using federal funding for student transportation aimed at racial desegregation. The rules have been embedded in every education spending bill since at least 1974, as Rep. Bobby Scott of Virginia pointed out in September when he tried unsuccessfully to remove the provisions from the latest appropriations bill.

The rules are “a relic of an ugly history when states and school districts across the nation resisted meaningful integration,” said Scott, the top Democrat on the House education committee, during a floor speech where he called the persistence of the rules “morally reprehensible.”

After Scott’s amendment to eliminate the provisions was blocked, advocates are now working behind the scenes to convince members of the Senate from both parties to strike the rules from the latest spending bill during negotiations. More than 40 integration advocates and experts have signed onto a letter to lawmakers calling for the anti-busing language to be removed, and members of that coalition plan to meet with lawmakers in the coming days.

Advocates are especially worried about funding for magnet programs, like those in Miami and the South Carolina district, which rely on special science or art offerings or rigorous academic courses to draw students of different races into the same school — a choice-based approach that has become the primary way districts now pursue desegregation.

This is the first year districts that receive federal magnet-school grants are allowed to spend some of that money on transportation, after Congress changed the rules as part of its education-law overhaul in 2015. Among the 32 districts that received a total of nearly $92 million in magnet grants this year, at least six plan to use some of that money for transportation, according to their applications.

Now, just as those funds are about to flow to busing — which many families insist upon before they will enroll their children in magnet schools across town — the decades-old spending restriction could cut them off, advocates warn.

That could create a major problem for districts like Miami-Dade County.

It hopes to attract students from across the district to three heavily black and Hispanic schools by launching magnet programs that focus on zoology, cybersecurity, and mobile-app development, according to its application. To pull that off, it requested $245,000 for buses next year since, as the application notes, the “most limiting factor” for many families is “the cost associated with transporting their child to the magnet school.”

The district in Lake City, South Carolina wants to pull new families from different neighborhoods into an elementary school and a middle school that suffer from sagging enrollment and intense poverty. Previous recruitment efforts that didn’t provide transportation amounted to “failed attempts,” the district said in its application.

However, if the anti-busing provisions are not removed from the next federal spending bill, they would cancel out the new rule allowing those districts to spend some of their magnet money on transportation (though districts could still use local funds to fill in the gap). As such, magnet-school representatives are pushing hard for lawmakers to remove the provisions during budget negotiations.

“We’re hoping this doesn’t see the light of day,” said John Laughner, legislative and communications manager at Magnet Schools of America, an association of magnets from across the country. He plans to discuss the issue with lawmakers next week.

Beyond magnet schools, other desegregation efforts could be undercut by the anti-busing provision, which was included in a spending bill for fiscal year 2018 that the House approved and one the Senate has yet to vote on.

At least one state — New York — listed socioeconomic and racial integration among the ways it could intervene in low-performing schools under the new federal education law. In addition, New York officials announced a grant program this week where up to 30 districts will receive federal money to develop integration plans.

Advocates fear the anti-busing rule could disrupt any of those plans that require transportation and aim to reduce racial segregation. (New York education officials said they did not want to speculate on the impact of a spending bill that hasn’t been approved.)

A Democratic Congressional aide who has studied the issue said the provision could even block federal funding for planning or public outreach around desegregation programs that involve busing, not just busing itself.

Either way, advocates say the provision could dissuade districts from using the new education law, the Every Student Succeeds Act, to pursue integration — even though research suggests that student achievement on tests and other measures improve when they attend less segregated schools.

“We shouldn’t have this,” said Philip Tegeler, a member of the National Coalition on School Diversity, which is leading the charge to remove the restriction. He added that the provision stemmed from mandatory desegregation busing of an earlier era: “It’s clearly an anachronism that doesn’t really fit any more with what states and districts are doing voluntarily.”

A U.S. education department spokeswoman said Secretary Betsy DeVos would be bound to enforce any funding prohibitions that Congress approves, though she noted that state and local funds are not subject to the same restrictions.

Negotiators from the House and Senate must still agree on a single spending bill, which would go before the full Congress for a vote. Until then, lawmakers have voted to temporarily extend 2017 spending levels through December. It’s possible Congress will pass another extension then, meaning a final deal — and a decision on the anti-busing language — may not arrive until early next year.

In the meantime, advocates are pressing lawmakers like Sen. Lamar Alexander, the Republican chairman of the Senate education committee who helped craft ESSA, with the argument that the anti-busing provision limits the flexibility and local control the law was meant to provide districts.

Margaret Atkinson, a spokeswoman for the senator, would not say whether he is open to removing the provision, but said he would continue working to ensure ESSA “is implemented as Congress intended.”

The anti-busing language — found in two sections of the current appropriation bills — prohibits using federal funds for transportation “to overcome racial imbalance” or “to carry out a plan of racial desegregation,” or forcing students to attend any school other than the one closest to home. (A separate education law contains a similar restriction, but ESSA exempted magnet schools from it.) The provisions emerged in the early 1970s, just after the Supreme Court ruled that busing students to schools outside their own racially isolated neighborhoods was an appropriate tool for school desegregation.

At the time, many white parents raged against what they called “forced busing.” In response, the U.S. House of Representatives passed at least one law annually from 1966 to 1977 meant to curb school integration, according to historian Jason Sokol, and in 1974 the full Congress voted in favor of an anti-busing amendment to an education bill. The restrictions in the current spending bills appear to have originated around the same time.

The attacks on busing reflect how crucial free transportation is to school desegregation, said Erica Frankenberg, a professor at Pennsylvania State University who studies segregation. Busing was included in guidelines outlining how districts should comply with desegregation requirements in the 1964 Civil Rights Act, and later upheld by the Supreme Court, she pointed out.

More recently, studies have shown that non-white parents are more likely to opt into magnet schools when they provide transportation, and that magnets that don’t offer busing are more likely to enroll students of a single race, Frankenberg said. Yet, many politicians remain reluctant to endorse busing for desegregation — which may reflect a deeper ambivalence, she added.

Resistance to busing, she said, “is a very politically acceptable way to be opposed to integration.”