Play nice

Gov. Bill Haslam convened a ‘power meeting’ between Tennessee’s charter school and district leaders. Here’s why.

PHOTO: Marta W. Aldrich
State Rep. John Forgety is chairman of a House education committee and has become the mediator of a dispute over Tennessee's 2017 charter school law. The Athens Republican is also a retired teacher, principal, and superintendent with McMinn County Schools.

There isn’t a charter school within 100 miles of Rep. John Forgety’s district, but the East Tennessee lawmaker has become the mediator in a lingering dispute between the state’s charter sector and its two largest school districts, in Memphis and Nashville.

As chairman of a House education committee that green-lighted last year’s sweeping update of Tennessee’s charter school law, Forgety said he felt partly responsible for one provision that’s created confusion, anger, and even litigation over whether local districts must share student contact information with charter operators.

And while his own legislative proposal to clean up the ambiguity has been sidelined, Forgety managed to get all parties at the table last week with Gov. Bill Haslam — no small feat given that two of them already are in court over the issue.

The Feb. 13 power meeting included Education Commissioner Candice McQueen, Shelby County Schools Superintendent Dorsey Hopson, Metropolitan Nashville Schools Director Shawn Joseph, and Maya Bugg, CEO of the Tennessee Charter School Center.

At issue is the intent of the new charter school law, which included a provision directing districts to share student directory information requested by charter operators. Charter leaders say they need the information to make parents aware of their public school options, while Nashville leaders argue that a federal privacy law gives them discretion over who gets those lists.

“It was a very productive conversation,” said Forgety, a retired McMinn County school superintendent who asked Haslam to convene the gathering. “Before we start legislating and litigating this, we just needed to sit down and listen to each other.”

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

The hour-long conversation ended with McQueen agreeing for her department to pound out a compromise to bring back to the table.

One question now is whether a consensus can be achieved before a judge’s March 16 deadline. Another is whether any proposal can hit the right notes so parents can reasonably learn about their options without being targeted with heavy-handed recruitment tactics.

Nashville is in a legal battle with the state’s charter-driven school turnaround district for refusing to share information on students zoned to failing schools. The state sued the Nashville district for its obstinance, and a Davidson County judge sided with the state and its charter operators in January. But the judge also gave Nashville more than two months to comply or appeal.

“That’s ample time to fix this problem,” Forgety said of the March 16 deadline. “We may not be able to, but what have we got to lose?”

Memphis schools are not part of the legal battle, but leaders of Shelby County Schools have the same concerns as their Nashville counterparts. And school boards in both cities voted last year to defy McQueen’s order to turn over information requested by charter operators LEAD in Nashville and Green Dot in Memphis.

Hopson vented to state lawmakers on the matter just last week, on the same day he went to the governor’s meeting.

“It’s not (that) we’re trying to be sinister and don’t want to give information. We used to give the information to (Tennessee’s Achievement School District) routinely,” he told a joint House education committee.

But Hopson halted the flow of information in 2015, he said, when the ASD shared it with the parents group Memphis Lift, which was going door-to-door to talk with other parents about their schools. “I’ve got a 10-year-old and 8-year-old,” he said. “If someone shows up at my door asking about my baby boy and baby girl with a folder with their information, we’re going to have a problem.”

Student directory information includes names, addresses, phone numbers, and students’ date of birth. School districts may choose to share such data with approved third-party vendors like government agencies and some companies.

Here’s what parents should know about how schools share student information

Bugg says such lists should be used appropriately, whether by charter operators talking with parents or companies that publish and sell school yearbooks. “We definitely are in agreement that if information is shared, it must be done so appropriately and according to agreed-upon parameters,” she told Chalkbeat. “And if it’s not, there should be consequences.”

A spokeswoman for McQueen declined this week to offer details about ongoing conversations or a potential agreement, but said the state is “encouraged about the possibility of reaching a path forward.”

But any proposal still has to go before school boards in Memphis and Nashville. And Nashville’s board may opt to pursue a legal avenue at the same time it awaits a possible legislative fix.

“The board has their principles and they want to protect student privacy and protect families from hardline, heavy-handed recruiting,” said Mark North, who lobbies for Metro Nashville Public Schools.

"We didn’t get here overnight and I don’t know if we’re going to fix it overnight, but we need to try."Rep. John Forgety, R-Athens

As for Forgety, who isn’t running for reelection and says he doesn’t “have a dog in this fight,” he’s just grateful that all the parties are at least sitting down to listen to each other.

“We didn’t get here overnight and I don’t know if we’re going to fix it overnight, but we need to try,” Forgety said. “I can assure you that both school systems and the charter center and the state of Tennessee have better things to spend their money on than attorneys on the second floor of the Davidson County Courthouse.”

back to court

Nashville appeals judge’s order to share student information with state charters

The battle over student contact information will continue between Tennessee’s charter schools and its second largest school district.

Attorneys for Metro Nashville Public Schools on Friday appealed Chancellor Bill Young’s order to provide state-run charter schools with the names, phone numbers, and addresses of students.

The appeal came on the same day that Young originally set for Nashville’s district to comply with a new state law requiring sharing such information if charter operators request it. But a recent court extension assured Nashville leaders that they could exhaust the appeals process first.

The disagreement — which also touches on student privacy, school choice, and enrollment — has vexed state officials and lawmakers as they’ve sought to mitigate skirmishes between the state’s growing charter sector and its two largest districts, in Nashville and Memphis. Last month, Gov. Bill Haslam brought all parties to the table to seek a solution outside the courts. The State Department of Education was tasked with developing a way forward, but has not yet submitted a proposal.

While the state has urged local districts to comply with the year-old charter law, Nashville leaders argue it runs afoul of a federal law that gives districts discretion over who gets student contact information. For instance, school systems routinely share such information with companies that sell yearbooks and class rings.

The tussle has implications for the state’s largest school system, Shelby County Schools, in Memphis. Leaders there also have refused to hand over the information to charters in the state’s Achievement School District, which seeks to turn around Tennessee’s lowest-performing schools.

What Memphis parents should know about how schools share student information

Parents are divided on the issue. Some say the information exchange is an invasion of privacy, including when a Nashville charter school sent a barrage of text messages to parents, resulting in a $2.2 million settlement last year. Others say allowing charters to contact prospective students allows them to better explore their options.

Starting young

These 11-year-old Brooklyn students are asking New York City to do something about segregated schools

PHOTO: Christina Veiga
Matilda and Eliza Seki, left, and their friends Noa and Benji Weiss, right, collected signatures at a district 15 meeting to discuss middle school integration efforts.

While they learned about the history of segregation, a group of Brooklyn 11-year-olds took a good look around their classrooms and realized their schools weren’t so different from the photos in their textbooks.

So Matilda and Eliza Seki paired up with their friends Noa and Benji Weiss — two sets of twins — and decided to do something about it. They launched a petition on calling on the city to integrate its schools.

“We learned about separate and equal in the civil rights movement, and that it was not equal,” Eliza said, referring to the “separate but equal” legal doctrine once used to justify segregation. “And since there are schools with people of only one race, and it’s all separated, it cannot be equal.”

Matilda and Eliza are in the sixth grade at M.S. 839, and Noa and Benji are fifth-graders at P.S. 10. They already have a bit of experience in activism, having joined the Women’s March in D.C., and helping to lead environmental clubs at their school. They hold sophisticated views for kids their age, and are aware of the hurdles ingrained in addressing school segregation.

Describing how housing patterns can tie into school quality, Benji began his thoughts by saying: “Let’s say you’re from a different culture or race and you don’t have as much money as other people do — because we still live in a racist country — and you’re in an area where the housing is cheaper but you don’t have as good schools.”

Across New York City, adults have debated how to spur integration in the country’s largest school system — and one of the most segregated. According to one recent analysis, the city’s most selective high schools enroll 84 percent white and Asian students, even though those groups make up only 30 percent of the city’s student enrollment.

But student-organized groups have also been at the forefront of a grassroots movement for more diverse schools. The work of budding advocates Matilda, Eliza, Noa and Benji caught the attention of some those groups, and they’ve now joined the ranks of Teens Take Charge and IntegrateNYC as some of the youngest members. The changes they’d like to see go beyond admissions policies, but also include a push for additional resources for underserved schools, hiring more teachers of color and curricula that reflects all students and cultures.

“We decided it was an important issue and we wanted to help fix it,” Noa said.

Matilda added: “Our schools should look like our city.”

Their schools are in District 15, where 81 percent of white students are concentrated in just three of the district’s most selective middle schools, according to an analysis by parents. The city has launched a series of public workshops to craft a new admissions model to integrate middle schools there, but these kids already have their own ideas for how to do that.

Benji, who is heading to middle school next year, said it would be “pretty good” if schools stopped picking students based on criteria such as class grades and attendance. Such “screening” contributes to segregation because of a number of factors — from which elementary schools students attend, to their parents’ ability to navigate the complicated admissions process.  

“It’s… important to learn about different peoples’ backgrounds, and religions, and cultures,” he said. “And also to make sure that all kids, no matter their race, religion or where they live can get the same, good education.”