Author Archives: Hailly T. Korman and Jason Weeby

How Do We Incentivize Charter Authorizers to Approve More High-Quality Alternative Schools? A Q&A With Colorado’s Antonio Parés.

Antonio Parés headshot via Twitter

Antonio Parés via Twitter

“Alternative education” is a catch-all term used to describe education programs for students who have not been well-served by traditional classroom environments. It can refer to computer-based rapid credit accrual opportunities, supportive programs for students who are pregnant or parenting, intensive English-language programs for students who have come to the United States with substantial education histories in another language, “second chance” placements for students expelled from traditional public schools, and everything in between. Precise definitions vary by state and school district.

While traditional public school districts have historically offered these alternative programs for their students, more and more state or local charter schools are beginning to offer similar programs. Charter statutes often allow the flexibility that makes room for innovation, which is needed to operate programs that meet the specific needs of some of our most vulnerable students. Yet ensuring appropriate accountability for alternative charter schools — crucial to fulfilling the other side of the autonomy-for-accountability bargain — has proven challenging.

Forward-thinking charter authorizers are contemplating the policies and institutional practices that create strong authorizing and accountability incentives for alternative programs. The right mix of flexibility, autonomy, rigor, and relevance can both ensure that authorizers do not just enable the existence of more alternative schools but that the schools they authorize provide the highest quality programs that best meet the needs of the students they serve. Good authorizing practices can also prevent schools that provide alternative programs from simply relaxing their standards and becoming a catch basin for low performing students.

A primary challenge for authorizers is that accountability metrics typically used to measure the performance of charter schools — such as student achievement or growth on state standardized assessments, student attendance, and four-year graduation rates — may not accurately apply. Alternative charter schools often serve students who enter with unique educational and life challenges or who are already far below grade level because of gaps in their prior schooling. Applying these measures rigidly can create disincentives for operators to open, or authorizers to approve, alternative school models. Conversely, some states create loopholes that allow alternative schools and their authorizers to evade accountability altogether. Some intrepid authorizers have invested significant time and resources in developing fair and accurate ways to measure the performance of diverse alternative schools, however, state laws and regulations do not always align with such approaches.

Colorado has begun a process of convening a cross-agency task force of leaders, experts, and policymakers to modify its authorizing system by improving the rigor and relevance of performance metrics for the state’s alternative education campuses (AECs). 

Antonio Parés, a partner at the Donnell-Kay Foundation, is a board member of the Colorado Charter School Institute (CSI), which convened the AEC task force. CSI is Colorado’s only statewide charter school authorizer, and it currently authorizes 39 schools serving over 17,500 PK-12 students across the state. We recently caught up with Antonio to talk about the unique needs of AECs and what that means for authorizers and state education policy.

This interview has been edited for length and clarity.

You’ve been working with a task force in Colorado to improve the ways that the state holds charter authorizers accountable for the success of their alternative education campuses. Can you tell us about that process and the challenges you’re facing?

Every year or two, CSI works with our alternative education campuses to identify “alternative measurements” for each or all of the schools. Alternative measurements include student perception surveys, in-house assessments such as NWEA or MAPS, or alternative post-secondary paths. CSI convened a statewide taskforce to review and collaborate on best practices when it comes to accountability measurements and outcomes for our alternative education campuses, schools typically serving under-credited and at-risk students. We were trying — and continue to try — to balance both the unique nature of each campus and their student population with the need for consistent, longitudinal, and comparable data points. Our goal was — and continues to be — to develop the best performance metrics and frameworks for every school. Continue reading

Why Can’t We Find Even the Most Basic Info About Schools in Secure Facilities?

Amid recent fuss about the accuracy of the Department of Education’s Office for Civil Rights Data Collection, it’s important to look at how those data errors can meaningfully impact education experiences for young people for whom no other substantive national research exists: students attending school in secure juvenile justice facilities.

Approximately 50,000 young people are incarcerated in juvenile justice facilities across the country on any given day, and they are supposed to attend school while they are in custody. For many of these students, attending school in a secure facility is the first time they have engaged with school consistently in three to five years. Their school experience while in custody is their last best chance to change the trajectory of their lives.

The problem is we know very little about the quality of these educational opportunities.

The biannual data collection conducted by the Department of Education’s Office for Civil Rights (OCR) is intended to be a comprehensive survey of education access in all schools in the country, and it now includes these juvenile justice schools. But our analysis from earlier this year found that states, and OCR at large, have not taken the responsibility for accurate reporting seriously. In fact, inconsistencies and incompleteness render the OCR data nearly meaningless. Alarmingly, the data still do not allow us to answer even the simplest question: How many students were enrolled in a juvenile justice school in 2013-14? Continue reading

An End to “Must-place” Teachers in LAUSD? Almost.

Last month, a quarter of Los Angeles public schools gained new power over selecting teachers to fill vacancies when the Los Angeles Unified School District (LAUSD) Board of Education unanimously adopted a resolution to establish mutual consent hiring. In most districts, teachers are employees of the district, not the school where they work. What that means is that they can be displaced — losing their position at their school — while still remaining employed by the district. A teacher can be displaced for many reasons, like declining enrollment, changing instructional needs, or generalized dissatisfaction with the teacher’s performance. In many districts, a teacher can remain “displaced” with full salary and benefits indefinitely.

But this is starting to change. Districts are beginning to adopt policies that recognize that teachers who are unable to find new placements after a year should not continue to stay on as fully-paid employees.

Los Angeles’ mutual consent hiring policy requires both teacher and school to agree to a teacher’s placement. This means the districts can no longer place teachers unilaterally or require schools to select from the displaced pool rather than making new hires. As of right now, the policy only covers one quarter of LAUSD schools. The remaining three quarters are still obligated to fill vacancies with displaced teachers, a group which includes those who have been unplaced for more than a year (commonly referred to as the “must-place” teachers).

Nick Melvoin championed this policy as the LAUSD school board vice president. Nick was also a witness in Reed v. State of California, a 2010 California constitutional case that aimed to protect students in underperforming schools from catastrophic teacher layoffs. I worked on Reed as part of the legal team that represented the students, including students at the school where Nick taught. Reed was a precursor to its more famous sibling, Vergara v. State of California, a case that led to a California Supreme Court ruling about the need for establishing “inevitability” when linking an education policy aimed at teachers to a constitutional harm to students.

In the Q&A below, I talk with Nick about what this new policy means for LAUSD’s students and teachers. Conversation has been lightly edited for length and clarity.

Eight years ago, you and I first met while I was representing students suing LAUSD over disproportionate teacher layoffs in their schools. That included many of the same schools that are now insulated from receiving “must-place” teachers under this new policy — including the school where you taught! That case ultimately settled without clarifying the state’s reverse-seniority layoff laws. Did that experience inform this effort to create a new practice of mutual consent hiring?

Absolutely. Just because litigation isn’t successful, that doesn’t mean that we’ll stop trying. There are two reasons that this policy makes sense. The first and most important one is the impact that this has on children. When I arrived as a teacher at Markham Middle School, I saw a rotating parade of substitutes and learned what that had done to my kids. Some of them didn’t have a history teacher until October, and until then, they were failing interim assessments… History isn’t something you can intuit — someone has to teach you! The administration was going down the list of hundreds of “must-place” teachers, and each one who showed up would leave after a few days. They weren’t the right fit for the school and they didn’t want to be there, but this would go on for months before the school could secure a permanent teacher.

The second reason is that I care about treating teachers as adults and as professionals. I came to the district fresh out of Harvard University, and my classmates were going on to Wall Street and consulting firms. I thought teaching was the most important job in the world, but when I arrived, I was treated like a cog in a machine. Mutual consent is about treating our teachers well and respecting them as professionals who do the most important jobs in the world.

I think that this new policy opens up a new channel for conversation and helps us to move closer to our goal of ensuring that all students in the District have great teachers. Continue reading

All Means All: Q&A About Using ESSA to Improve Education in Juvenile Justice Facilities

For the first time, the federal Every Student Succeeds Act (ESSA) includes new provisions explicitly aimed at supporting students attending school in juvenile facilities. While this is exciting news, it appears that states did not actually have to satisfy those provisions in order to have their plans approved by the federal Department of Education; these provisions were not included in the Department’s official peer review process, and they were also left off the list of provisions that Department staff would review internally. In Bellwether’s own recent review of all state plans (which focused only on the accountability portions of plans), no one saw any reference to juvenile justice facilities.

In order to think through how ESSA can be used to improve education programs in juvenile justice facilities, the American Youth Policy Forum, the Council of State Governments Justice Center, and the National Reentry Resource Center recently collaborated on a policy brief.

I spoke with Nina Salomon at the Council of State Governments Justice Center and Jenna Tomasello at the American Youth Policy Forum to learn more about this report and what they think we still need to do in order to improve education access and quality for young people incarcerated in juvenile justice facilities.

Your new report talks about leveraging ESSA to support the education success for students in juvenile justice facilities. What are some specific ways states should be responding to ESSA in order to serve these students?

Via https://csgjusticecenter.org/wp-content/uploads/2018/01/Leveraging-the-Every-Student-Succeeds-Act-to-Improve-Outcomes-for-Youth-in-Juvenile-Justice-Facilities.pdf

ESSA aims to “provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.” For us, all means all, and we believe ESSA presents an opportunity for states to think about how to develop a statewide accountability system focused on continuous improvement that is inclusive of educational programs and schools serving students in juvenile justice facilities.

In the brief we focus specifically on Title 1, Part A as a leverage point in ESSA, but Title 1, Part D also has new and revised provisions to improve education outcomes of students in juvenile justice facilities. In our conversations with states, and our cursory review of state ESSA plans, it does not seem that juvenile justice stakeholders were at the table for ESSA planning conversations, and that ESSA plans seem to reflect this lack of involvement.

(Bellwether note: States that did use the optional federal template were asked to provide information about the Title I, Part D provisions specific to juvenile justice facilities. A summary and analysis of those responses is forthcoming from our team. Outside of that section, most states did not offer any additional information about education programs in juvenile justice facilities. ) Continue reading

Making a Federal Case Out of It: How Mark Janus Got to the Supreme Court

Mark Janus, child support specialist in the Illinois state family services agency, is challenging the state’s collective bargaining laws in a case that’s now before the U.S. Supreme Court. This case has potentially far-reaching implications, and oral arguments are scheduled for the end of this month.

When I was in law school, there were so many moments that I thought: “Why am I only learning this here, now, in law school? Everyone should know this stuff!” Civil procedure — the rules that govern the movement of a lawsuit through the courts — is one of those things. So let me outline the things you need to know to understand how Janus got to the Supreme Court. (Like any good lawyer, I’ll add that the answer to just about every legal question is actually “it depends…,” but for the sake of clarity, I’ve taken some liberties to simplify.)

The case started when Illinois’ governor Bruce Rauner sued to challenge his own state’s union agency fee statute, the law permitting collective bargaining units to charge all represented workers for the cost of representation even if they opt out of the union. The district court determined that his office hadn’t been harmed by the law and therefore lacked what’s called standing to sue. But the case was preserved by Mark Janus, whose lawyers had filed papers to be included as an intervener, an additional party who claims they have rights and/or injuries that are about to be adjudicated in an existing case. So when the court dismissed the Governor’s complaint, it opted to recognize Janus’s complaint as the operative one, meaning the one that’s current or pending before the court. Continue reading