How charter operators evade Ohio’s automatic closure law

Policy Matters Ohio issued a report on the failure of Ohio's Charter school accountability laws. The full report can be found at this link. Here's their executive summary.

Ohio law requiring the automatic closure of charter schools that consistently fail to meet academic standards has been showcased by the National Association of Charter School Authorizers in its “One Million Lives” campaign, which calls for tougher state laws to close failing charter schools. Key findings

• Ohio law requires automatic closure of academically failing charter schools.
• Loopholes in the closure law allow sponsors and charter management organizations (CMOs) to keep failing schools open despite orders to close.
• Seven of 20 closed schools are still operating, with five run by the same CMOs that first opened them.
• An eighth school avoided mandated closure by shutting down a year early, but reopened with much of the same staff.

The widespread attention given the NACSA campaign has pushed Ohio’s closure law into the spotlight as a model of accountability. Unfortunately, loopholes weaken Ohio law. Since the charter-closure law went into effect in 2008, 20 schools across the state have met closure criteria, and all are currently listed as closed by the Ohio Department of Education.

But Policy Matters Ohio has documented that of those 20 schools, seven have essentially remained intact, effectively skirting the automatic-closure law. In some cases, charter management organizations (CMOs) have expanded the charters of other schools to incorporate grade levels served by closed schools. In other cases, CMOs replaced schools facing automatic closure with nearly identical schools, managed by the same company with much of the same staff. An eighth school, Hope Academy Canton, was ordered closed by its sponsor a year before it would have been shut down by the state. Our investigation showed that by closing early and opening a new school in the same location with much of the same staff, Hope Academy’s for-profit operator, White Hat Management, bought five additional years of life – and revenue – for a low performing school. In more than half the cases we examined, the new schools’ academic performance remained the same as that of the old schools; five of the eight schools are still ranked in Academic Watch or Emergency, while their management companies and sponsors continue to take in millions of dollars in public funding. For-profit management companies – the Leona Group, White Hat, and Mosaica Education – run six of the schools, the non-profit Summit Academies runs one, and the last is independently operated. The table on the next page provides an overview of these schools.

Automatic closure Ohio’s charter-closure law, which became effective in 2008 and was revised in 2011, calls for automatic closure of schools rated in Academic Emergency for at least two of the three most recent school years. To be subject to the law, charters serving grades four through eight also must show less than one year of academic growth in either reading or math in that time period.

Ohio law holds charter school boards legally responsible for a school’s academic and financial performance, but places no penalty on CMOs when their schools meet closure criteria, even though these companies are often in charge of hiring and firing teachers, assessing academics, contracting vendors, budgeting, developing curriculum, and providing basic classroom materials. This creates a loophole to keep “closed” schools open and to continue to direct public funds to failing schools.

Weak accountability Since the Ohio legislature first established charters, the state has taken a quantity-over-quality approach to approving new schools and allowing troubled schools to continue. The closure law was meant to deal with the glut of ineffective charters that have for too long betrayed the promise of charters in Ohio. But our investigation shows that despite its seemingly strict closure law, Ohio still falls short of the meaningful oversight and accountability needed to improve the state’s charter sector. The repeal in 2011 of Ohio’s “highly qualified operator” provision gives new start-up charter schools the option of contracting with management companies that do not meet performance standards. Similarly, aside from losing revenue, sponsors are not penalized when schools are closed under their watch. Sponsors are coming under increasing oversight, and some are now prohibited from authorizing new schools, but the effectiveness of these efforts remains to be seen.

Recommendations Based on this study, Policy Matters Ohio recommends that legislators revamp the closure law, strengthen ODE’s capacity to oversee charter schools, direct ODE to refuse the kind of expansion of charter contracts that has allowed schools and management companies to skirt the law, and hold charter management companies accountable for the academic performance of their schools. Charter law in Ohio remains ineffective and weak. Until Ohio gets serious about quality in the charter sector – both by preventing operators with weak track records from opening new schools, and by creating a more meaningful charter-closure law – Ohio will continue to fall short of the goal of strengthening its public education system so that it can serve everyone.

It’s not about the children

Written by a PA teacher, but it equally might apply to Ohio too.

It’s not about the children.

The education reform movement may be about a lot of things, at least here in Pennsylvania, but it certainly isn’t about our children.

If it were, efforts to bridge the achievement gap and advance opportunities for all children would look a hell of a lot different.

If it were about children, each and every public school would be awash in resources and technology. A licensed school nurse would be in each and every building so that the health and safety of kids were not compromised. All schools would have these necessities, not just “experimental” and privately-managed schools who are flooded these and then labeled a success.

If it were about children, students in the poorest neighborhoods—those most at-risk—would step into vibrant learning environments each morning—schools that met their intellectual, artistic, and athletic needs and inclinations. Schools would not be turned into grim test-prep facilities, with a curriculum narrowed to core, state-tested subjects. Children would be given a reason to be excited about coming to school, aside from making AYP.

It’s not about the children.

If it were about children, we wouldn’t value differentiated instruction, then test children all the same way.

If it were about children, schools would be as safe as the offices of those politicians in Harrisburg who cut funding to public schools, and then hand out EMO contracts to campaign contributors and others once a school has been labeled a “failure.”

If it were about children, those who cut funding for vital family services would realize the inextricable link between childhood poverty and educational outcomes. These same politicians would be as incensed by children in their state having inadequate nourishment, dental, vision, and medical care as they are about whether same-sex partners have a right to be married.

If it were about children, in Philadelphia, a state takeover charged with both improving financial management and educational outcomes would be put to rest as a failed experiment. A district’s management team wouldn’t be able to run a district into insolvency, say they are sorry, and then move on to lucrative consultant positions. Reformists like Michelle Rhee and Arlene Ackerman—who help to cultivate a culture of testing “irregularities”—wouldn’t be allowed to exit with a golden parachute before being held accountable for the results under their leadership.

[readon2 url="https://sites.google.com/site/philwpjournal/springsummer2012/reforming"]Continue reading...[/readon2]

Mirroring Microsofts failing system

Vanity Fair has a preview of an about to be published expose on the failings of Microsoft, the software company that now corporate education reformer Bill Gates founded

Analyzing one of American corporate history’s greatest mysteries—the lost decade of Microsoft—two-time George Polk Award winner (and V.F.’s newest contributing editor) Kurt Eichenwald traces the “astonishingly foolish management decisions” at the company that “could serve as a business-school case study on the pitfalls of success.” Relying on dozens of interviews and internal corporate records—including e-mails between executives at the company’s highest ranks—Eichenwald offers an unprecedented view of life inside Microsoft during the reign of its current chief executive, Steve Ballmer, in the August issue. Today, a single Apple product—the iPhone—generates more revenue than all of Microsoft’s wares combined.

It's revealed that one of the primary causes of the decline, is related to the evaluation system they implemented, a system which in many aspects is mirrors the direction corporate education reformers are trying (and succeeding!) in taking teacher evaluations

Eichenwald’s conversations reveal that a management system known as “stack ranking”—a program that forces every unit to declare a certain percentage of employees as top performers, good performers, average, and poor—effectively crippled Microsoft’s ability to innovate. “Every current and former Microsoft employee I interviewed—every one—cited stack ranking as the most destructive process inside of Microsoft, something that drove out untold numbers of employees,” Eichenwald writes. “If you were on a team of 10 people, you walked in the first day knowing that, no matter how good everyone was, 2 people were going to get a great review, 7 were going to get mediocre reviews, and 1 was going to get a terrible review,” says a former software developer. “It leads to employees focusing on competing with each other rather than competing with other companies.”

Teachers will also be under similar pressure to compete against peers, rather than trust their natural instincts and best practices to collaborate.

Charter teachers receive "psychic salary"

Ohio's largest professional teachers organization, OEA, at their recent spring representative assembly, overwhelmingly voted to allow for the organization of charter school teachers in Ohio. Unthinkable mere years ago, but after a long hard battle over collective bargaining rights, the teachers and education support professionals enshrined rhetoric into core belief and action. A belief that all employees have the right to representation and bargaining, even those who work in charter schools that OEA has long opposed.

The reaction from the charter school apologists has been predictable, but Bill Sims, president and CEO of the Ohio Alliance for Public Charter Schools had the best response

"Of course this is something that has always been possible, but I would say that it's easier said than done," he said in an interview. "Charter schools are smaller entities, they're more personalized, and teachers tend to feel more positively connected to management with defined grievance procedures and participation in the mission and strategic plan of the school.

"There tends to be more resistance or less interest in charter schools for this sort of thing. Charter school teachers often are making less than district teachers but because they tend to be smaller schools, with smaller classrooms, less bureaucracy, they officer[sic] a pay in 'psychic salary' that more often than not makes up the difference."

Psychic pay! Why would charter school teachers want to give up their low salaries and psychic pay for better working conditions, smaller class sizes, better benefits and equitable pay? Let's take a look at this so called "more personalized environment, where teachers tend to feel more positively connected to management", with this first person recount of working for White Hat management

With buildings being shut down and teachers being canned in droves across the state, White Hat seemed to be the only place hiring. I was brought on board as an academic adviser. It seemed like a pretty cool gig at the time; I would be helping students graduate, via phone and e-mail, from a cubicle farm in downtown Akron.

On my first day at OHDELA, I was shown to my cube, given a large gray binder, and ordered to copy my own training manual. One week later, promptly at 8 a.m., a huge pile of messy files and the educational fates of 150 students were handed down to me by four overworked and mentally scattered advisers. It was the beginning of the school year. Enrollment was picking up rapidly. The little online high school was approaching an enrollment of 1,500 kids -- with a staff of only 30 to 40 teachers and advisers to steer their education.
[…]
My job at Mr. Brennan's gerbil cage was contacting students and parents every two weeks, telemarketer-style, and attempting to hold kids accountable for their progress. More often than not, there was no progress at all for a variety of excuses -- valid and not -- concocted by students who seemed less interested in their educational well-being than I was. Faced with choosing between the importance of their education and the irresistible allure of the Xbox, the odds weren't good.

So every day at 8 a.m., I strapped into my headset and launched into my 30-plus Cheerleader/Bad Guy phone calls, for 11 bucks an hour with zero benefits.

Nothing says "personalized environment" like a 6 by 6 cubicle. But what of having "less bureaucracy" to make the day go faster and the work more rewarding? Back to our story

White Hat, meanwhile, seemed more preoccupied with charting spreadsheets, calculating endless employee performance measures, appeasing streams of irate mothers, and raking in cold, hard state cash.

Organizationally speaking, it was a nightmare on steroids. The place was built on a lopsided pyramid of spreadsheets, spreadsheets, and more spreadsheets. I was given the daily task of updating huge Excel workbooks with student data and test scores. Copies would circulate throughout the office, so that no two staff members had the same information about one student.

Every morning I arrived to stare eight more hours of drudgery in the face. It was one of those jobs that are traumatic to any creative, intelligent mind. I had to admit to myself that it really was nothing but a poorly run credit factory with killer marketing.

I've never witnessed lower morale at a workplace. Rumors circulated, cliques gossiped, managers took sides, and everyone had a cynical attitude toward the company. Many of the young, inexperienced teachers were hired straight out of college or after long bouts of trying to find "real teaching jobs." They became resigned to their roles as cubicle slaves, with no control over the material they "taught."

It does make you wonder if Bill Sims, president and CEO of the Ohio Alliance for Public Charter Schools, has ever stepped foot in a charter school, or talked to someone who has worked there. But Mr. Simms wasn't the only apologist painting charter schools with the rosy brush. Fordham had an opinion piece titled "Why unionized charters would be a setback for Ohio’s school improvement efforts" that set up their argument against organizing charter schools by first erecting a straw-man

But, would unionized charter schools be good for students?

Successful charters work because they are flexible and constantly seek improvements to how they do things. They deploy funds, teachers, time, materials, and technology in different ways to impact student achievement. High-performing charter schools almost always display strong cultures, astute and driven leaders, dedicated teachers, coherent curricula, shared responsibility, and a sense of common purpose. Successful schools know their students and address their needs. In fact, one of the strongest arguments for charter schools is that they are expected to be different. Collective bargaining agreements put constraints on all these factors that lead to success and impede not only innovation but seek conformity across schools.

Successful charters are a rare breed in Ohio. The bottom 113 ranked schools in Ohio are all charters. Fordham themselves, in a preceding post titled "Accountability and perspective needed for drop-out recovery charters" acknowledge that charter quality is often very low and in desperate need of improvement and accountability.

No one is arguing that a charter school contract has to be identical, or as comprehensive as a traditional school's - in fact they are often quite different and more limited in nature. Opponents and proponents alike ought to read the entire Center on Reinventing Public Education (CRPE) study on this matter.

Price examined nine charter schools unionized either by management design or by teacher vote. For comparison, he examined traditional district contracts and analyzed data from non-unionized charter schools as well. He found that the new contracts can be crafted in ways that respect the unique missions and priorities of charter schools, provide teachers with basic protections, and maintain organizational flexibility. However, while these new contracts innovate in many ways, they could go much further given the opportunity to create contracts from scratch.

That sure sounds a lot better than mystical "psychic pay", doesn't it?

Frank Jackson's plan circa 1970

It's backwards

Cleveland Metropolitan Schools CEO Eric Gordon has been given the job of trying to sell everyone on Mayor Frank Jackson's plan for revitalizing Northeast Ohio's largest school system.

Gordon tells WTAM 1100 that the administration and teachers union both need to work together on what the mayor proposes, saying, "We have to be careful to modernize the work rules in a way that's respectful to adults."

The work rules, via collective bargaining, are modern and respect adults. Collective bargaining was brought to the education profession in Ohio in 1983. Before that it was the wild west of management whims. Collective bargaining modernized that system. Why Frank Jackson thinks going back to the old failed ways of doing things is the solution to Cleveland Schools is a mystery.

Mutual trust and respect involves collaborating with educators before you release your plan to send labor relations back to the 1970's.

Brennan ordered to show where the dollars go

Although charter school operator and GOP donor David Brennan has long maintained that he does not have to show how his charter schools spend the millions they receive in taxpayer money each year, a Franklin County judge disagreed and ordered Brennan to open his books.

The ruling is a remarkable victory for open and accountable government and for parents who have been struggling to learn why schools run by White Hat Management have consistently had abysmal academic records.

[readon2 url="http://innovationohio.org/blog/sunshine-is-the-best-policy-courts-rule-charters-must-share-spending-records"]Continue reading...[/readon2]