The new report from the National Alliance for Public Charter Schools, “Measuring Up to the Model: A Tool for Comparing State Charter School Laws,” drew this response from Julia Sass Rubin, head of the anti-suburban-charter organization Save Our Schools-NJ:
New Jersey’s charter school law is better than those in places like Florida which allow for-profit charter school management companies – which has lead to significant abuse and corruption. But we’re right up there with the worst in the country in terms of how undemocratic our approval process is.
Really? Let’s take a closer look.
The NAPCS report has 20 categories, with different points eligible for each field. The top 10 states are (in order) Maine, Minnesota, Florida, New Mexico, Massachusetts, Indiana, Colorado, New York, California, and Michigan. Out of the 42 states with charter school laws, New Jersey ranked 32nd, garnering 92 points out of 208.
We did well in a few categories: we have no caps on the number of charter schools allowed within the state, we allow charter school conversions, and “the state law includes some of the model law’s provisions for transparent charter application, review, and decision-making.”
But Ms. Sass Rubin’s criticism – that “we’re right up there with the worst in the country in how undemocratic our approval process is” – is, well, not true.
But she has an agenda, and that’s the passage of Assembly Bill 3582, a piece of legislation that would require all aspiring charters to submit themselves to a public vote. It’s a bad idea – I’ve written of it elsewhere (here and here). Senator Sweeney says he won’t bring it to the floor and Gov. Christie says he won’t sign it. Nevertheless, SOS-NJ has made this bill its rallying cry in its crusade to halt the incursion of charter schools into wealthy communities. The fact that the bill would also halt development of charters into districts with terrible schools is not a problem for SOS-NJ. Their constituents don’t live there anyway.
But enough carping. Ms. Sass Rubin’s comments refer to a field of the survey called “Multiple Authorizers Available.” In other words, the best charter school laws give aspiring charters a variety of possible agencies to give the go-ahead: state boards of education, local school boards, colleges, universities, independent charter school boards. For example, the #1 rated state, Maine, does this:
Maine law provides that any local school board (or a collaborative of local school boards) may become an authorizer by issuing a request for proposals. In addition, the law allows charter school applicants to apply directly to the State Charter Schools Commission. The law provides that only the Commission can approve virtual schools.
That was worth 6 points out of a possible 12. New York got the full 12. Here’s its rules:
Under New York law, applicants can apply directly to a district board of education, SUNY, or the State Board of Regents. SUNY and the State Board of Regents have statewide chartering authority.
Three states do give local boards a lot of authority in the charter approval process (and I’m assuming that SOS-NJ would settle for this, given that a school board functions as a representational democracy). Those states get low marks from NAPCS.
- In Kansas, the local school board has to approve a charter and then it goes to the state board of education. (3 points out of 12.)
- In Maryland, local school boards are the only authorizers, but the state DOE can authorize the restructuring of a non-charter as a charter. (3 points.)
- In Virginia, local school boards are the only authorizers “and there is almost no authorizing activity in the state.” (0 points.)
Illinois is interesting. School boards can serve as authorizers, but there’s an appeals process that goes to the State Charter School Commission. Plus, if 5% of voters petition a school board because they’re unhappy that the local board denied a charter application then the board must submit the question to the voters. It’s the inversion of SOS-NJ’s idea: in Illinois, the voters get to overturn a “no” from a local board. (6 points.)
For the record, NJ got 3 points because we only allow charter schools to be authorized by the Ed. Commissioner (although there’s a proposed bill – with good prospects – that would increase authorizers to colleges and universities).
SOS-NJ can spin the NAPCS report all they want, but the bill they are supporting has nothing to do with democracy and everything to do with the desire for representatives of suburban school boards to create laws designed to protect them from costs associated with sending kids to charters.
Not that there’s anything wrong with that; after all, boards need to protect revenue. But the charter wars in NJ have devolved into a zero-sum game. Either you’re a winner (if, as a local school board, you stymy the establishment of a charter in your neighborhood) or you’re a loser. Right now, the politics of this skirmish widen the gulf between our impoverished districts and our wealthier ones. The provincial nature of our school system — 591 districts wildly fighting to protect their turf — and our funding mechanism only exacerbate the division. This dynamic makes it all about the adults and leaves the quality of the education — whoever the provider — out of the equation. In this zero-sum game, the kids lose.
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