coexistence conundrum

Proposed ‘charter compact’ revived as Shelby County Schools seeks district-charter collaboration

PHOTO: Tajuana Cheshier
Advocates of proposed shared ground rules for Shelby County Schools and the local charter sector aim to turn down tensions that have led to protests over the role of charter schools locally.

Advocates of a proposal to set ground rules between the Shelby County school board and Memphis-area charter schools are hoping the third try’s the charm.

A board committee is scheduled to collect public input about a proposed “charter compact” this week, six months after board members demanded greater community input in the plan and more than a year after the then-recently elected board tabled the proposal for the first time.

Now the group that the district convened to draft the compact has more community members on it, and board members say they have increasingly realized the value of clarifying the board’s role in Memphis’ charter sector.

The compact could resolve some growing points of tension between the district and the local charter sector: where charter schools get to open, how much they pay in rent, which students they serve, and what district services they can tap into, for example.

“When there’s a shared agreement and it’s in writing, then there’s no question around what’s happening,” said Miska Clay Bibbs, the board member who revived the proposal.

Growing recognition that common rules are necessary

Bibbs reintroduced the compact proposal in July, a week after a contentious meeting that brimmed with issues related to charter schools — whether the board should shutter a financially shaky school, allow three operators to open new schools, and block an academically struggling operator from opening its third school.

The board is responsible for authorizing charter schools, which are publicly funded but privately managed and exempt from many regulations as long as they perform well. But exactly what kinds of oversight should take place after schools are open is less clear, and board members struggled to understand how the recommendations they faced had been made.

The two-hour discussion showed that district administrators need clearer guidelines for working with charter schools, said board member Mike Kernell.

“We sensed the ambiguity,” Kernell said. “The law may give us latitude [for overseeing charter schools], but I think we need to be stricter in our own procedures.”

A national strategy for easing conflict around charter schools

Clarifying what those procedures should be — and easing simmering tensions between the two sectors — was the goal in March 2014 when Shelby County Schools chief Dorsey Hopson convened a committee to draft a charter-district compact.

Hopson was following in the footsteps of more than 16 other school districts, including Nashville’s, that had signed charter compacts by 2013, according to the Center on Reinventing Public Education, a research and advocacy group tracking the issue.

Those compacts led to some concrete changes: The Nashville compact, signed in 2010, resulted in the creation of a state report card for parents that grades both charter and traditional schools and also pushed for charter operators to open schools in the city’s neediest neighborhoods.

But even more, the compacts signaled that districts had accepted charter schools as part of their educational landscape, and charter schools had acknowledged that they need to address the criticism that they play on an uneven field.

Many of those cities subsequently received millions of dollars in funds from the Bill and Melinda Gates Foundation to support collaboration between district and charter schools. The foundation invested in districts with charter compacts to reward efforts to increase the number of high-performing schools, no matter who runs them.

That is something that Hopson has said he wants to do, expressing an attitude common among reform-oriented schools chiefs across the country. At the same time, every student who leaves a district school for a charter school depletes Hopson’s student population, workforce and budget. And he has echoed criticism of local charter schools that they do not follow the same rules as district schools, particularly when it comes to enrolling and disciplining high-needs students.

What the compact framework says and how it could change

The committee that Hopson appointed — made up of of five district administrators, a former district principal who has openly advocated for charter schools, three charter school administrators, and two administrators of local philanthropic foundations that fund charter schools — came to a series of agreements.

The district would guarantee “equitable funding” to charter schools and traditional public schools; provide charter schools “equal access” to district resources such as special education and maintenance services; and clarify the way it assesses all schools so that decisions to open or close charter schools can easily be explained.

In exchange, charter schools would adopt a number of district policies, most notably one governing the expulsion of students. They also would have to pay a percentage of their state funds to the district.

Both sectors would formally agree to encourage more academic and professional development collaboration between teachers and administrators.

It’s unlikely that the draft compact would be adopted without revisions. The provision that would allow charter schools to operate in district-owned buildings without paying rent, in particular, could prove difficult to get through the board. Reducing or eliminating rent payments could entice charter operators that are part of the state-run Achievement School District — which does not require its schools to pay rent — to expand under Shelby County Schools’ oversight. But at the same time, the board had to cut more than $125 million from Shelby County Schools’ 2015-16 budget, and the $1.2 million in annual revenue that the district currently collects from charter schools could be hard to give up.

Even Bibbs said she was hesitant to go as far as the March draft seems to allow.

“I don’t think anything should be free,” said Bibbs, who previously has worked for a local charter school. “I’m open to [hearing] how we can come to a middle of the road.”

Another significant issue could be the charter approval process, which isn’t addressed in the March compact draft. Several board members say clear guidelines are needed, especially after a 2014 state law allowed charter operators whose applications are rejected by their local school boards to get approval from the State Board of Education — something that Omni Prep is currently doing after Shelby County’s board denied its bid to open a third school.

In addition to setting up a potential scenario in which charter schools could operate in a district’s backyard without local oversight, the law means that having an inconsistent approval process could make Shelby County Schools vulnerable to lawsuit, Kernell said.

No panacea, but a starting point

The school board’s engagement committee will hear public input on Wednesday, and it has invited charter operators and others to weigh in. Then, the district-organized committee — which now includes community members from Frayser, a neighborhood with a growing number of charter schools — will incorporate the feedback into the draft compact before sending it back to the to the engagement committee, which will send it to the full board for approval. That could happen as early as next month.

If the board ultimately signs off on a compact, it probably will not ensure smooth relations between the district and local charter schools. Even with a compact in place, Nashville school board members regularly debate the costs and benefits of charter schools, and the board frequently is split about whether or how quickly to expand the charter sector. Similarly, a compact signed in 2010 in New York City did not prevent conflict around charter schools from taking center stage when a new mayor who was less favorable to them took over.

But Cardell Orrin, director of Stand For Children, a nonprofit group that has pushed for the compact in Memphis on behalf of the charter sector, said he hoped it would center debates on a shared purpose.

“I hope the compact improves the ability of charter schools to deliver quality education to students [and] holds them accountable for doing it, and the district sees the charters as a part of providing overall quality education,” he said.

call for more

Almost half of Detroit district schools don’t have a gym teacher. Next year, that may change.

Students during PE class at Lyn Knoll Elementary School in 2016 in Aurora, Colorado. (Photo by Helen H. Richardson/The Denver Post)

Since 10-year-old Hezekiah Haynesworth moved to his new school in the Detroit district, he’s always up out of his seat, talking to classmates and getting into trouble.

His mother, Victoria, says he wasn’t always like this. She believes he has nowhere to burn off excess energy because Bagley Elementary doesn’t offer students enough time for gym class or recess.

Bagley Elementary is one of 49 schools in the district without a gym teacher. Out of the 106 schools in the district, only 57 have at least one certified, full-time physical education teacher, according to data obtained by Chalkbeat.

The district employs 68 certified full-time physical education teachers for its student population of 50,875. More than 15,000 Detroit schoolchildren attend a school without a full time physical education teacher.

In Michigan, there are no laws requiring schools to offer recess. As for physical education, schools are required to offer the class, but the amount of time isn’t specified, which means some kids, like Hezekiah, might only go once a month or less.

“He’s had behavior issues, but if he had the gym time there’s different activities he would do to burn off energy,” she said. “They would get that anxiety and fidgetiness out of them.”

Haynesworth might get her wish. Superintendent Nikolai Vitti announced earlier this month that there’s money in the budget to put gym teachers back in schools, along with art and music teachers and guidance counselors next school year, though the budget plan has not yet been approved.

“Not every student is provided an opportunity for physical education or gym” right now, Vitti said at a meeting earlier this month.

The district has almost 200 teacher vacancies, and giving schools money for a gym teacher doesn’t mean a school will be able to hire one.

But Vitti said he has several efforts in the works, like more recruiting trips and better hiring practices, to address the difficulties of finding and bringing in new employees.

Detroit is not the only district that has cut back on physical education teachers in recent years. At a time when schools are heavily judged by how well students perform on math and reading exams, some schools have focused their resources on core subjects, cutting back on the arts and gym and cutting recess to make more time for instruction and test prep. But experts say that approach is short-sighted.

Research on the importance of physical activity in schools has reached a consensus — physical education improves children’s focus and makes them better students.

“Available evidence suggests that mathematics and reading are the academic topics that are most influenced by physical activity,” according to a 2013 federal report.

The link between physical education and improved reading is especially important for the Detroit district. Educators are working in high gear, in part pushed by Vitti, to prepare for the state’s tough new law that will go into effect in 2020, requiring third-graders who don’t read at grade level to be held back.

This year, the Michigan Department of Education has started to include data on physical education in schools into its school scoring system, which allows parents to compare schools. A separate score for physical education might push schools to hire physical education teachers.

Whether the state’s new emphasis on gym class or Vitti’s proposal to place a gym teacher in each district school is enough to put physical activity back in the schools is unclear, but Hezekiah’s mom Victoria desperately hopes it happens.

Hezekiah is given 45 minutes to each lunch, and if he finishes early, he’s allowed to run with the other children who finished early. If he doesn’t eat quickly enough to play, Victoria says she can expect a call about his disruptive behavior.

“I used to think that my son was just a problem — that it was just my problem,” she said. “But it’s a system problem. They don’t have the components they should have in the school.”

See which schools have gym teachers below.

Out of the game

The businessman who went to bat for apprenticeships is out of Colorado’s governor’s race

Democratic gubernatorial candidates Donna Lynne, Noel Ginsburg and Cary Kennedy at a candidate forum hosted by the Colorado Association of School Boards. (Photo by Nic Garcia)

Noel Ginsburg, an advocate for apprenticeships and a critic of Colorado’s teacher effectiveness law, has withdrawn from the Democratic race for governor.

Ginsburg, a businessman who had never run for office before, always faced a tough road to the nomination. He announced Tuesday that he would not continue with the petition-gathering or assembly process after his last place finish in the caucus, where he got 2 percent of the vote.

In an interview with The Denver Post, Ginsburg said, “I don’t believe I have the resources to be fully competitive.”

Just last month, Ginsburg released an education platform that called for the repeal of Colorado’s teacher effectiveness law, the signature legislative achievement of former state Sen. Mike Johnston, also a candidate for governor.

Ginsburg runs CareerWise, an apprenticeship initiative of Gov. John Hickenlooper that allows students to earn money and college credit while getting on-the-job experience starting in high school. His platform called for expanding apprenticeship programs and getting businesses more involved in education.

He also promised to lead a statewide effort to change the Taxpayer’s Bill of Rights to allow the state to retain more revenue and send much of it to schools. He said that schools, not roads, should be the top priority of Colorado’s next governor.

Ginsburg will continue at the head of CareerWise, as well as Intertech Plastics, the company he founded.

Johnston, U.S. Rep. Jared Polis, and Lt. Gov. Donna Lynne have all turned in signatures to place their names on the ballot. Former Treasurer Cary Kennedy, who has the endorsement of two teachers unions, is not gathering signatures and will need at least 30 percent of the vote at the assembly to appear on the ballot. Kennedy finished in first place at the caucus earlier this month.