religious charters?

Churches running charter schools? The latest Supreme Court decision could open the door in some states

PHOTO: Grace Tatter

Reverend Michael Faulkner wanted to start a charter school through his church in Harlem. But there was a problem: New York law bars religious denominations from running charters, even if, as Faulkner promised, the school would teach a secular curriculum.

So Faulkner — a one-time NFL player who ran for Congress in 2010 — and his church sued.

“The New York Charter Schools Act is nothing more than an attempt by the State to erect a barrier for those who express their religious beliefs from access to public resources that are generally available to all others,” read the 2007 complaint.

The suit was voluntarily dismissed in 2009, and Faulkner, now running for city comptroller, described it as “dormant.” But a recent Supreme Court decision might mean that suits like that one have a better chance of prevailing.

Trinity Lutheran Church v. Comer invalidated a Missouri rule banning a religious school from participating in a public program, and experts immediately noted it could be used to eliminate legal barriers to private school voucher programs. The implications for charter schools drew less attention.

But two legal scholars tell Chalkbeat that the ruling might also pave the way for more charter schools operated by religious groups, including churches.

“Trinity Lutheran opens the door because it states simply that if a religious entity is otherwise qualified to take part in a public benefit program, then it cannot be prohibited solely on the basis of its religious affiliation,” said University of Connecticut professor Preston Green.

Aaron Saiger, a law professor at Fordham University, agreed.

“I have no doubt that this case makes the door more open than it was a month ago,” said Saiger, who wrote a 2013 law review article on religious charters.

If it became easier for religious institutions to run charter schools, it would mark a significant change in several states. According to Green, who raised the idea of charters run by churches in a 2001 law review article, 10 states and Washington D.C. explicitly bar charters from being run by or affiliated with a religious entity.

Green and Saiger say those prohibitions might be threatened by the Supreme Court’s latest ruling. The decision could also affect rules on whether religious entities can authorize charter schools; in Indiana, a lawsuit was recently filed to stop a Christian college and seminary from overseeing charters.

If states or the court were to apply the Trinity Lutheran logic to charter schools, it would not necessarily mean that the schools could teach religion or offer religious services, only that they could be operated by a religious institution. All states with charter laws mandate that they maintain secular rules and a secular curriculum.

The Trinity Lutheran case focused on whether Missouri could bar a church-run preschool from participating in a program for resurfacing playgrounds. Missouri denied the school’s application, consistent with the state’s Blaine Amendment, which prohibits public money from going to religious institutions — a rule most states, including New York, have adopted.

The Supreme Court ruled that this amounted to religious discrimination and was thus unconstitutional. In a footnote, though, the decision was explicitly limited to the situation at hand. (Two conservative justices, who were part of the majority, disavowed that aspect of the opinion.)

The narrow ruling means the impact of Trinity Lutheran won’t be immediately felt, and that it will turn on further interpretation from lower courts, state legislators, and perhaps ultimately another Supreme Court case.

“While the court limited the decision in a footnote to the facts of that case … the court does go on to talk about a number of cases where it lays out the general proposition that religious entities cannot be discriminated against,” Green said.

Not everyone agrees that the recent opinion might affect charters. Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief, which advocates for a strict separation of church and state, said Trinity Lutheran “shouldn’t open the door to those sorts of claims.”

“The Supreme Court has repeatedly recognized that there are heightened concerns with protecting public school students from government-sponsored religion,” he said.

Green does note one reason the Trinity Lutheran logic might not apply to charter schools: They are usually defined in statute as public schools. That means having an affiliation with a religious institution could raise greater church-and-state issues than the Trinity Lutheran case, where a private school was simply seeking to receive a public benefit.

Saiger, though, suggests that the implications of Trinity Lutheran might be even further-reaching than who gets to run a charter school. In his view, the case also raises the possibility of charters that are explicitly religious and teach a sectarian curriculum.

“I think the Trinity case makes it much easier to argue that such schools should be eligible for government support for the secular side of their mission,” he said.

There does not appear to be any data on how many existing charters have a religious association, but the line between church and charter school can be blurry in some cases.

For instance, some private Catholic schools have converted into charters; a 2014 report examined 18 schools across three states that had undergone this conversion.

Chalkbeat previously reported on a network of Michigan charter schools run by an organization that used to oversee private Christian schools, some of which converted into charters. The schools continue to emphasize character traits taken from the Bible, including faithfulness, though the schools no longer explicitly connect them to biblical passages.

A 2008 Yale Law Review article points to other examples, like Tarek ibn Ziyad Academy, a charter school in Minnesota:

“Children fast during Ramadan, and the cafeteria serves halal food throughout the year. Vacations take place on Muslim holidays. Students avoid stepping on the carpeted prayer area at the school’s center as they walk to class. Most significantly, classes break for early afternoon prayers; almost all students participate, although the school does not officially conduct them.”

Minnesota, like Michigan, prohibits religious entities from running charters. Tarek ibn Ziyad’s leaders contended that their school was nonsectarian, but it was nevertheless sued by the ACLU in Minnesota for acting as a publicly funded religious school. The school was eventually forced to shut down in 2011 after a state law prohibited out-of-state charter authorizers; it had been overseen by an Islamic humanitarian group based in Washington D.C.

Faulkner, for his part, said that charters should be required to maintain non-religious rules and a secular curriculum. He believes that religious institutions can do that.

“Just because it’s religiously affiliated doesn’t mean it’s going to … teach a particular religion,” he said.

IPS School Board Race 2018

Indiana teachers union spends big on Indianapolis Public Schools in election

PHOTO: Dylan Peers McCoy/Chalkbeat
IPS board candidate signs

The political arm of Indiana’s largest teachers union is spending big on the Indianapolis Public Schools board. The group donated $68,400 to three candidates vying for seats on the board this November, according to pre-election campaign finance disclosures released Friday.

The three candidates — Susan Collins, Michele Lorbieski, and Taria Slack — have all expressed criticism of the current board and the leadership of Superintendent Lewis Ferebee. Although that criticism touches on many issues, one particular bone of contention is the district’s embrace of innovation schools, independent campuses that are run by charter or nonprofit operators but remain under the district’s umbrella. Teachers at those schools are employed by the school operators, so they cannot join the union.

The trio was also endorsed by the IPS Community Coalition, a local group that has received funding from a national teachers union.

It’s not unusual for teachers unions to spend on school board elections. In 2016, the union contributed $15,000 to an unsuccessful at-large candidate for the Indianapolis Public Schools board. But $68,400 dwarfs that contribution. Those disclosures do not capture the full spending on the election. The three candidates endorsed by Stand for Children Indiana — Mary Ann Sullivan, Dorene Rodríguez Hoops, and Evan Hawkins — are likely getting significant unreported benefits.

Stand for Children, which supports innovation schools, typically sends mailers and hires campaign workers to support the candidates it endorses. But it is not required to disclose all of its political activity because it is an independent expenditure committee, also known as a 501(c)(4), for the tax code section that covers it. The group did not immediately respond to a request for information on how much it is spending on this race.

The candidates’ fundraising varied widely in the reporting period, which covered the period from April 14 to Oct. 12, with Taria Slack bringing in $28,950 and Joanna Krumel raising $200. In recent years, candidates have been raising significantly more money than had been common. But one recent candidate managed to win on a shoestring: Elizabeth Gore won an at-large seat in 2016 after raising about $1,200.

Read more: See candidates’ answers to a Chalkbeat survey

One part of Stand for Children’s spending became visible this year when it gave directly to tax campaigns. The group contributed $188,842 to the campaign for two tax referendums to raise money for Indianapolis Public Schools. That includes a $100,000 donation that was announced in August and about $88,842 worth of in-kind contributions such as mailers. The group has a team of campaign workers who have been going door-to-door for months.

The district is seeking to persuade voters to support two tax increases. One would raise $220 million for operating funds, such as teacher salaries, over eight years. A second measure would raise $52 million for building improvements. Donations from Stand for Children largely power the Vote Yes for IPS campaign, which raised a total of $201,717. The Indiana teachers union also contributed $5,000.

Here are the details on how much each candidate has raised and some of the notable contributions:

At large

Incumbent Mary Ann Sullivan, a former Democrat state lawmaker, raised $7,054. Her largest contribution came from the Indy Chamber Business Advocacy Committee, which donated $4,670. She also received $1,000 from Steel House, a metal warehouse run by businessman Reid Litwack. She also received several donations of $250 or less.

Retired Indianapolis Public Schools teacher Susan Collins, who is one of the candidates supported by the union, raised $16,422. The Indiana Political Action Committee for Education contributed $15,000. She also received several donations of $200 or less.

Ceramics studio owner and Indianapolis Public Schools parent Joanna Krumel raised $200. Her largest contribution, $100, came from James W. Hill.

District 3

Marian University Executive Director of Facilities and Procurement and Indianapolis Public Schools parent Evan Hawkins raised $22,037. His largest contributions from individuals were from businessmen Allan Hubbard, who donated $5,000, and Litwack, who donated $2,500. The Indy Chamber Business Advocacy Committee contributed $4,670 and web design valued at $330. He also received several donations of $1,000 or less. His donors included IPS board member Venita Moore, retiring IPS board member Kelly Bentley’s campaign, and the CEO of The Mind Trust, Brandon Brown.

Frost Brown Todd trial attorney and Indianapolis Public Schools parent Michele Lorbieski, who is one of the candidates supported by the union, raised $27,345. The Indiana Political Action Committee for Education contributed $24,900. She also received several contributions of $250 or less.

Pike Township schools Director of Information Services Sherry Shelton raised $1,763, primarily from money she contributed. David Green contributed $116.

District 5

Incumbent Dorene Rodríguez Hoops, an Indianapolis Public Schools parent, raised $16,006. Her largest contributors include Hubbard, who donated $5,000; the Indy Chamber Business Advocacy Committee, which gave $4,670 and web design valued at $330; and the MIBOR PAC, which contributed $1,000. She also received several contributions of $500 or less, including from Bentley.

Federal employee and Indianapolis Public Schools parent Taria Slack, who is one of the candidates supported by the union, raised $28,950. The Indiana Political Action Committee for Education contributed $28,500.

Innovation zone

Two more Denver schools win additional freedom from district rules

PHOTO: J. Zubrzycki/Chalkbeat
Alex Magaña, then principal at Grant Beacon Middle School, greeted students as they moved between classes in 2015.

Two more Denver schools this week won more flexibility in how they spend their money and time. The schools will create a new “innovation zone,” bringing the district’s number of quasi-autonomous zones to three.

The Denver school board on Thursday unanimously approved the schools’ application to operate more independently from district rules, starting in January.

The new zone will include Grant Beacon Middle School in south Denver and Kepner Beacon Middle School in southwest Denver. The two schools are high-performing by the district’s standards and follow a model that allows students to learn at their own pace.

With just two schools, the zone will be the district’s smallest, though Beacon leaders have signaled their intent to compete to open a third school in the growing Stapleton neighborhood, where the district has said it will need more capacity. The district’s other two innovation zones have four and five schools each.

Schools in zones are still district schools, but they can opt out of paying for certain district services and instead spend that money on things that meet their specific needs, such as additional teachers or aides. Zones can also form nonprofit organizations with their own boards of directors that provide academic and operational oversight, and help raise extra dollars to support the schools.

The new zone, called the Beacon Schools Network Innovation Zone, will have a five-member board of directors that includes one current parent, two former parents, and two community members whose professional work is related to education.

The zone will also have a teacher council and a parent council that will provide feedback to its board but whose members won’t be able to vote on decisions.

Some Denver school board members questioned the makeup of the zone’s board.

“I’m wondering about what kinds of steps you’re going to take to ensure there is a greater representation of people who live and reside in southwest Denver,” where Kepner Beacon is located, asked school board member Angela Cobián, who represents the region. She also asked about a greater representation of current parents on the board.

Alex Magaña, who serves as executive principal over the Beacon schools and will lead the new zone, said he expects the board to expand to seven members within a year. He also said the parent council will play a key role even if its members can’t vote.

“The parent council is a strong influence,” he said. “If the parent council is not happy, that’s going to be impacting both of the schools. I don’t want to undersell that.”

Other Denver school board members questioned the zone’s finances and how dependent it would be on fundraising. A district summary of the zone’s application notes that the zone’s budget relies on $1.68 million in foundation revenue over the next 5½ years.

Magaña said the zone would eventually seek to expand to four schools, which would make it more financially stable. As for philanthropic dollars, he said the zone would work to ensure any loss of revenue doesn’t hurt the schools’ unique programs or enrichment.

“I can’t emphasize enough that it won’t impact the schools,” he said.

Ultimately, Denver school board members said they have confidence in the Beacon model and look forward to seeing what its leaders do with their increased autonomy.