Suit

Detroit lawsuit stops just short of accusing Education Secretary Betsy DeVos of bribery

A new lawsuit all but accuses U.S. Education Secretary Betsy DeVos of bribery for her role in influencing Detroit schools legislation last year.

The suit, filed this month by the former Detroit school board and Detroit parents, seeks potentially millions of dollars from the billionaire Michigan philanthropist, asserting that she used campaign contributions to kill a controversial education commission.

“I am not accusing her of bribery,” said lawyer Tom Bleakley, who this month filed the suit in Detroit’s Wayne County Circuit Court. “What I do in all fairness is I set out what she has done and then I give the definition of bribery in the state of Michigan and I contend that it’s up to a jury to draw any reasonable inferences.”

The suit refers to the fierce political battle in Lansing last year over a package of bills that were designed to keep the Detroit Public Schools out of bankruptcy.

Early drafts of the bills would have created a Detroit Education Commission that would have had influence over the opening and closing of district and charter schools in the city.

The commission had broad support from community leaders in Detroit but was strongly opposed by DeVos and some charter school advocates, who feared the commission would favor traditional district schools over charters.

The DeVos-founded Great Lakes Education Project, a political organization, worked aggressively to block the commission.

In the weeks after lawmakers removed the commission from the final bills, the DeVos family poured $1.45 million dollars into the campaign coffers of Republican lawmakers who took her side in the fight — contributions that amounted to $25,000 a day for seven weeks.

“It’s up to a jury to draw any reasonable inference from the amounts as well as the timing of the money and whether it influenced any state officials,” Bleakley said.

A civil suit does not have the authority to charge anyone with a crime such as a bribery. The suit seeks financial damages from DeVos.

The U.S. Education Department did not respond to a request for comment, but Greg McNeilly, who is a member of the Great Lakes Education Project board, called the suit a “publicity stunt” that is taking advantage of DeVos’s new position as education secretary.

The actions alleged in the suit all occurred months before President Trump was elected and chose DeVos as his top education official.

“Some people are still upset that they weren’t able to create a rigged and politically corrupt system, which is what the Detroit Education Commission proposal was,” McNeilly said. “It would have further harmed students.”

The former school board that brought the suit is the 11-member elected body that was largely powerless during much of the last decade as the city schools were run by state-appointed emergency managers. The board filed unsuccessful challenges last year after the Detroit legislation passed, creating a new school district called the Detroit Public Schools Community District. The new district is run by a new seven-member board that was elected last fall. Just one member of the old board was elected to the new board.

The old board filed a number of lawsuits during the emergency manager era, from 2009 until 2016, mostly challenging the emergency manager law.

The latest suit is the first from the board that names DeVos as a defendant. Also named are state officials, including Gov. Rick Snyder.

The suit accuses the state of under-funding special education in Detroit and seeks to block language that allows Detroit schools — but no other Michigan districts — to hire uncertified teachers. Snyder’s office declined to comment.

Read the suit here and a brief supporting it here.

 

 

Ending the churn

A splintered system and lack of teachers have created instability for Detroit schools. Now, leaders are craving solutions.

Social studies teacher Aaron Ames learned that his former school took summer paychecks back from teachers who quit in August when money disappeared from his bank account.

Like many school leaders in Detroit, Danielle Robinson spent the month of August doggedly searching for teachers.

Robinson is the top Detroit official for Phalen Leadership Academies, a nonprofit charter school network that took over three Detroit schools from another manager in July.

By late August, with the start of school just days away, Phalen still needed 34 teachers to staff Murphy, Stewart and Trix elementary schools.

And there wasn’t much time.

“We did $5,000 retention bonuses,” Robinson said. “We did  $5,000 signing bonuses. We did $1,000 referral bonuses … We needed to make sure we had enough teachers because that’s a huge thing for students when they come back — a permanent teacher in the classroom. ”

Phalen’s challenge was extreme — a problem exacerbated by management changes and by the dissolution of the state-run recovery district that had been overseeing the three schools. They’re now overseen by a Detroit district unsure of its plans for charters.

But the schools’ scramble for teachers is hardly unusual in a city where liberal school choice laws, a decentralized school system and a shrinking pool of available teachers have so destabilized the teacher labor force that many school leaders say they’re constantly looking for new educators to hire.

“I’ve never seen anything quite like this in my career,” said Mark Ornstein who heads the seven-campus University Prep charter school network in Detroit. “There’s just not enough people to fill the number of vacancies …. We’re all seeing more and more teachers leaving in the middle of the year.”

So many schools are looking for teachers — in August, September and throughout the year — that educators can wait for bonuses and enticements to grow before accepting an offer. And every time a teacher takes an offer and leaves, that creates a vacancy likely to be filled by a teacher from another school. That other school then has a vacancy to fill.

As teachers leave, students suffer. Research shows that teachers hired during or just before the school year are less effective than those who’ve had more time to prepare and to properly learn their school’s curriculum.

Experts say the teacher churn is driven in part by the fierce competition between schools in Detroit that has intensified as charter schools have expanded — they now comprise nearly half of the city’s schools — and as more suburban schools actively recruit city kids. Parents often enroll in multiple schools while weighing their options and schools are left to guess how many students they’ll have and how many teachers they’ll need.

“It’s another consequence of this hyper-competition that has been created by our charter school programs and laws here in Michigan and it’s really working to the detriment of everybody involved,” said Mike Addonizio, a professor of education policy at Wayne State University.

“The schools are competing for students,” he said. “The students will dictate the revenues and that dictates their budget and therefore their ability to hire staff … And if a school is plagued with high teacher turnover, that makes it difficult for students. Outcomes won’t be good and as that information becomes public, those schools don’t do well in school choice decisions and enrollment will drop.”

Some Detroit schools are now pushing back on teachers who quit mid-year by putting financial penalties into teachers’ contracts that discourage them from leaving, but advocates say real solutions will require major changes.

Among them: improving conditions in schools so that teachers want to stay and creating partnerships between district and charter schools to minimize instability.

“In other states, schools set their budgets and know their enrollment so much further ahead that they can come to a [spring] job fair and know exactly who they need to hire,” said Karey Henderson, the director of the Metro Detroit Charter Center who was the assistant superintendent of a 10-school Michigan charter network called Global Educational Excellence.

In Michigan, enrollment “doesn’t really get fleshed out often until Count Day [in October],” Henderson said. “Teachers are nervous and they’re applying around …. We would be trying to train new teachers but then a public school would get more kids and need more teachers and our teachers would get a call … We would have to start out the year with long-term subs in the classroom.”

Then, if parents see a substitute in the classroom, they might move their child to another school — and the churn continues.

Much of the attention this year has focused on the difficulties facing Detroit’s main school district as it works to fill scores of vacancies  in its 106 schools, but the problem is playing out somewhat differently in charter schools where teachers tend to be younger and are more likely to change jobs — or to the leave the profession entirely — from one year to the next.

A recent report from the state education department found that charter school teachers are twice as likely to leave their jobs compared to teachers in traditional public schools. The same report found a higher teacher turnover in Michigan as compared to the national average and put the price tag of replacing a teacher at nearly $10,000.

PHOTO: Michigan Department of Education
A recent Michigan Department of Education report shows that Michigan teachers — especially those who work for charter schools — are more likely to leave their jobs than their peers across the country.

Another state report shows the problem for all schools could get even worse in coming years as the number of people applying for teacher certifications drops precipitously — much faster than the number of students who need a teacher.

School leaders say they’re taking steps to attract more teachers. Detroit school  superintendent Nikolai Vitti says he’s working to build a “teacher pipeline” that would encourage district graduates to go into education, do their training in Detroit and work here when they graduate.

Charter school leaders say they’re making similar efforts.

Grand Valley State University now provides scholarships to education students who do their training in Detroit charter schools overseen by Grand Valley, said Rob Kimball, who heads the university’s charter school office.  

Leaders from Grand Valley charter schools have also been meeting with their counterparts from schools overseen by Central Michigan University to discuss a “coordinated talent strategy,” Kimball said.

“There’s definitely an interest in coming up with a shared solution,” Kimball said. “We need to design a solution to really stabilize the marketplace for teacher talent and to develop a pipeline [for future teachers].”

PHOTO: Michigan Department of Education
A recent report from the Michigan Department of Education warns that number of new teacher certifications is dropping much faster than the number of students in the state.

In the absence of a citywide solution, individual schools are doing whatever they can to fill classrooms.

In the case of the Phalen Leadership Academies, Robinson, the top official, said her schools  applied for emergency certifications to put some people without teaching credentials into classrooms. The new teachers will get extra coaching to help them succeed, Robinson said, but it was a tough choice for an Indiana-based network that prides itself on hiring only highly qualified staff.

“None of our other schools in our network use emergency permits,” Robinson said.

Some charter schools have created bonus systems that require teachers to return for the next school year in order to collect last year’s bonus.

Others — including the University Prep schools — have contracts that don’t allow teachers to get their full summer pay unless they return for the new school year.

Social studies teacher Aaron Ames said he learned that the hard way when he resigned his job at the University Prep Academy Middle School on Aug. 18 to take a position with a different school.

Suddenly, he said, his last paycheck disappeared from his bank account.

“I looked at my bank account one day and saw a negative $900,” Ames said.

University Prep had paid him on Aug. 15 but took the money back when he quit three days later.

Ornstein said his teachers’ contracts begin on Aug. 1. If they resign before teacher training begins on Aug. 21, it means they didn’t do any work and shouldn’t have been paid.

Ames was furious. “It kind of make me want to quit teaching,” he said. “They should find a way to keep teachers honestly instead of trying to punish us for leaving.”

Contract provisions that seem designed to penalize departures are becoming increasingly common in Detroit charter schools, teachers union leaders say.

“At one charter school, the teachers call it the ‘death tax,’” said Nate Walker, an organizer and policy analyst with the Michigan chapter of the American Federation of Teachers, which represents teachers in the main Detroit district and in a handful of city charter schools. “They’re loading up penalties on teachers to try to deter them from leaving so close to the beginning of the school year … but that’s not going to fix the problem because the labor market in Detroit is destabilized and decentralized.”

Walker called for schools to give teachers contracts earlier in the year and to coordinate with each other so that teachers can know they’ll have income and health insurance over the summer even if they plan to change jobs in September.

The current structure encourages teachers to hold on to last year’s job until the insurance for next year’s job kicks in in August or September, Walker said.

“This is a lot easier said than done because of the multi-operator system that we have right now, but if employers were to make the commitment that any time they’ve given someone an offer to work in the fall, they’re also willing to turn on insurance for that employee, that could solve at least part of the problem,” Walker said.

The only way to fix the rest of the problem, Addonizio said, is to address the reasons that teachers leave in the first place.  

“The best thing that a school or a school district can do to combat the teacher turnover problem is to improve working conditions in the school,” Addonizio said. “For new teachers, their compensation might mean something, but more than anything, they want some mentoring, assistance from veteran teachers. They want some help.”

Henderson said schools need to find a way to start working together — instead of just poaching teachers from each other.

“Get everyone in the room,” she said. “I know everyone is protective over how they manage their schools and run their H.R. but if you get enough H.R. people together in the same room, I think you can come up with a solution.”

Struggling Detroit schools

The list of promises is long: Arts, music, robotics, gifted programs and more. Will Detroit schools be able to deliver?

PHOTO: Detroit Public Television
Detroit schools Superintendent Nikolai Vitti answers questions at a community meeting in Detroit.

Arts. Music. Robotics. Programs for gifted kids. New computers. New textbooks. Dual enrollment programs that let high school students take college classes. International Baccalaureate. Advanced Placement.

They’re all on the list of things that Detroit schools Superintendent Nikolai Vitti told a group of community members assembled in a Brightmoor neighborhood church that he would introduce or expand as soon as next school year.

Vitti didn’t get into the specifics of how the main Detroit district would find the money or partnerships needed to deliver on all of those promises, but they’re part of the plan for the future, he said.

The comments came in a question and answer session last month with students, parents and community members following Vitti’s appearance on Detroit Public Television’s American Black Journal/One Detroit Roadshow. The discussion was recorded at City Covenant Church. DPTV is one of Chalkbeat’s partners in the Detroit Journalism Cooperative.

Vitti has been appearing at community events since taking over the Detroit schools last spring. He is scheduled next week to join officials from two of the city’s major charter school authorizers, Central Michigan University and Grand Valley State University, at a State of the Schools address on October 25.

 

Watch the full Q&A with Vitti below.