budget breakdown

Pre-K funds, charter school protections, and Common Core changes in state budget deal

PHOTO: Chalkbeat file photo
New York State capitol

Updated 1:11 p.m. — Gov. Andrew Cuomo and the New York State legislature reached agreement on a new spending plan that includes $300 million in eligible pre-kindergarten funds for New York City, an effective annulment of Success Academy co-location reversals, and a process for new city charter schools to receive facilities support, according to budget documents for the education section that were posted online Saturday morning.

The deal will allow Mayor Bill de Blasio to move forward with ambitious plans to provide full-day pre-kindergarten to 70,000 four-year-olds, a signature campaign pledge and a centerpiece of his agenda four months into office. The funds won’t come through a local income tax increase on city residents, which de Blasio had preferred. But it will still provide almost all of the money that was included in his plan, which seeks to provide access to more than 50,000 students next year.

The budget will provide $1.5 billion for statewide funding over five years.

No deal was formally announced, but state officials were printing budget bills late into Friday night, a signal that stickier issues that had delayed an agreement had been ironed out. A spokesman for Gov. Andrew Cuomo’s office did not respond to questions seeking additional details.

The education section of the budget was not completed until after midnight, technically meaning that it missed a three-day window before an end-of-month deadline required by law. A vote must be held on Monday and lawmakers are expected back in Albany on Sunday to look over the budget’s details.

Additional details, other than the ones provided in the budget bills, have not been made immediately available. We’re combing through the bill today, but here are some other education-related aspects:

Charter schools

— The budget deal will effectively reverse de Blasio’s cancellation of three Success Academy space-sharing plans. New language in the charter school law states that any charter school co-location plan changes, approved prior to 2014, would need consent from the charter school to move forward.

— In New York City, new charter schools or schools that are approved to add grades must be “provided access to facilities” if they request a co-location inside a city-owned school building. If that’s not possible, the city must pay for a school’s rent elsewhere or pay an extra 20 percent in per–pupil funding to pay for the private facilities costs. After the city spends $40 million, the state will begin chipping in a share of the funds.

— Charter schools can’t be charged rent if they are offered space within a district-owned school building.

— Charter school funding levels will stay flat—at their 2010-2011 levels until the end of the 2016-2017 year. News of the funding freeze is what sparked many charter school advocates to do a last-minute lobbying spree this week. The state will provide all charter schools will per-pupil funding increases amounting to $500 over the same period.

— When a charter school closes, public funds that are left over will need to be paid over to the district serving its former students.

— Financial audits of New York City charter schools are authorized to be handled by the city’s comptroller. Earlier this year, New York City Comptroller Scott Stringer declared that he planned to audit charter schools, a statement that at the time was built on shaky legal ground. But the law change further enshrines the comptroller’s auditing authority. The state comptroller will have the authority to financially audit charter schools outside of the city.

$2 Billion Smart Schools Bond Act

— November’s general election will include a referendum to allow the state to borrow $2 billion that districts can use to upgrade their classroom technology, add internet bandwidth, add pre-K seats and enhance school building security. In addition, New York City will be able to use some of its money to replace Transportable Classroom Units, or classroom trailers, which the State Assembly had been fighting for.

Common Core/Teacher evaluations

— Standardized tests will be banned in early grades, starting with pre-kindergarten. Districts administered the tests in recent years as a way to evaluate teachers, but they were criticized as being inappropriate for students as young as four and five years old.

— Students won’t be held from advancing to the next grade if they fail the state’s new Common Core tests. New York City was the lone district in the state that actually used test scores as a grade promotion factor, but new schools Chancellor Carmen Fariña had already signaled that she would move away from that policy.

Pre-K eligibility

— New York City pre-K programs, which will include charter schools, will be eligible for the state funds by applying to the State Education Department, which will administer a grant program based on several criteria, according to the law’s language: curriculum, learning environment, family engagement, staffing patterns, teacher education and experience, facility quality, physical well-being, and partnerships with non-profit institutions.

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Growing pains

Even after a court victory, few charter schools are expected to join New York City’s pre-K push

PHOTO: Christina Veiga/Chalkbeat
Pre-K students play during center time at The Renaissance Charter School in Jackson Heights, Queens. The school is one of the few charters that participates in the city's pre-K program.

When visitors come to The Renaissance Charter School in Queens, Principal Stacey Gauthier often insists they stop by the pre-K classroom.

Gauthier raves about the nurturing teacher. She marvels at the progress that students make in recognizing letters and numbers, and swears by the ease with which they transition to kindergarten.

Her program stands out for another reason: It’s in a charter school.

“This is really, truly a labor of love and a strong philosophical belief that pre-K is a wonderful thing,” Gauthier said.

Few charter schools have joined New York City’s efforts to make pre-K available to all of the city’s 4-year-olds. A recent legal victory for Success Academy, the city’s largest charter network, seemed poised to change that. In November, the state’s highest court ruled that charter schools should have more freedom to run their pre-K programs without the city dictating curriculum or other requirements — a significant ideological win for the charter sector.

But the decision is unlikely to open the floodgates for New York City charter schools looking to start pre-K programs. Advocates say the lawsuit didn’t resolve more significant barriers that hold charter schools back, including a crunch for funding and space and, this year at least, a tight turnaround for getting programs running.

“Until we settle these larger financial issues, you’ll continue to see limited participation from charter schools,” said James Merriman, chief of the New York City Charter School Center. “It’s going to be very, very hard for them.”

Success took the city to court over a 241-page contract that the city requires to receive funding for pre-K. The document regulates everything from curriculum to field trips, and Success argued that was an overreach of the city’s authority.

The disagreement struck at one of the core philosophies of charter schools: that they should be free from the bureaucracies of school districts. In a press release touting the court decision, Success said their victory meant the city education department “cannot micromanage charter school pre-K programs.”

Soon, the city is expected to release a new request for proposals for charter schools interested in starting or expanding pre-K programs. Operators will have the chance to bid for those contracts — the first test of whether Success’s legal victory will help change the landscape of pre-K providers.

Observers don’t expect a sea change, however, citing familiar issues in the charter world that are left unresolved by the court battle: per-student funding, and finding space for classrooms.

“Unfortunately, the decision a lot of schools make is it’s too onerous to try to make happen,” said Ian Rowe, the chief executive officer of Public Prep, one of the dozen or so charters that offers pre-K.

While the city is required to provide charter schools with space in public buildings or help pay their rent, that rule doesn’t apply for pre-K. When Public Prep charter decided to launch its pre-K, Rowe said the school had to carve out space in their existing buildings. Public Prep serves about 80 pre-K students at its Bronx campuses, and hopes to start serving students at its Lower East Side location next year.

As it stands now, Rowe said he relies on private dollars to supplement Public Prep’s early childhood efforts, which he called “not sustainable.”

In kindergarten, charter operators can rely on receiving about $15,000 per student — but in pre-K, the figure falls closer to $10,000, according to the New York City Charter School Center.  Meanwhile, class size and staffing requirements for pre-K means more money needs to be spent on salaries. 

“For an age when one could argue you have the greatest opportunity for influencing student behavior and attitudes, you get the least amount of money,” Rowe said.

Another factor contributing to the budget squeeze: Under state law, pre-K is not considered a grade like kindergarten is, so schools don’t receive the same type of supports for children who come from poor families, have special needs, or may be learning English as a new language, said Gauthier, the Renaissance principal.

Education department spokesman Doug Cohen said funding for pre-K is determined “based on a detailed analysis around specific needs and operational expenses of each program.”

The education department “works with all our pre-K providers to ensure they have appropriate funding,” Cohen wrote in an email.

This year timing is also a factor. Though Success fought its pre-K battle for years, the network won’t be starting a program soon, saying there simply isn’t enough of a runway to get a program up and running for 2019-2020.

“Hundreds of New York City children missed out on pre-K education at Success Academy over the past three years because of this legal battle,” the network said in a press release. “However, it’s a victory for younger children and their families.”

Families are already researching their pre-K options, and applications are due in March. Yet the city hasn’t released its request for proposals for charter schools interested in pre-K, and it’s unclear when operators would get word that their program has been approved — creating a time crunch when it comes to recruiting families and hiring teachers.

Rowe said he is still determined to expand Public Prep’s pre-K classes, and hopes to apply as soon as the opportunity is available, unlike many other operators.

“I think most charters have given up,” this year, he said.

Cohen, the education department spokesman, said the city is “currently in the process” of drafting a new contract for funding for pre-Ks in charter schools and that officials are “continuing to analyze” the impact of the court decision. As for charters already operating pre-Ks, the city will “issue more guidance in the coming weeks” about what the court decision means for them, Cohen wrote.

With charter operators facing headwinds in the the state legislature, concerns about pre-K might get pushed to a back burner. Recent midterm elections ushered a new Democratic majority into office, and with it, a bleak future for the expansion of charter schools in New York. Advocates are likely to focus their efforts pushing for an increase in the cap on how many charter schools can operate in New York — just seven charters are left.

“People are worrying about those things,” Gauthier said. “I’m not sure if people are going to be jumping on the pre-K wagon.”

game plan

After years of school voucher rejections, backers consider another approach in Tennessee

PHOTO: Marta W. Aldrich
The State Capitol in Nashville is home to the Tennessee General Assembly.

The campaign to introduce school vouchers to Tennessee has come up short for so many years that supporters are looking closely at another voucher-like approach to give families more control over public funding for their children’s education.

Education savings accounts have gained traction in some other states and are viewed as an attractive alternative for Tennessee in the debate about parental choice.

And with the inauguration soon of a new governor who promised to give parents more education options for their kids, this approach would fit the bill — and even offer a longer menu of services than traditional vouchers would.

“I would like to help lead the charge,” said Rep. Bill Dunn, a Knoxville Republican and fierce voucher proponent, who this week was elected speaker pro tempore of Tennessee’s House of Representatives.

“Education freedom, if it’s done correctly, gives students opportunities to do better, and public schools rise to the occasion through competition. Everybody wins,” Dunn added.

Not so fast, say public school officials who view any kind of voucher program as a major step toward privatizing education.

“Outside interests pushing ‘school choice’ options have learned that when ideas like vouchers become toxic to the public, they can be repackaged as education savings accounts, which might be more palatable to lawmakers,” said Amy Frogge, a Nashville school board member who opposes vouchers.

Both approaches raise the same concerns, said Frogge, citing a drain of funding from public schools, increased student segregation, and a lack of accountability for students whose families choose that route.

Education savings accounts, or ESAs, allow parents to withdraw their children from public schools and receive a deposit of public funds into government-authorized accounts. The money could be used to cover everything from private school tuition and tutoring to homeschool materials and online learning programs.

A voucher is taxpayer money that’s restricted to paying for private school tuition and fees for eligible students.

For years, Tennessee lawmakers have tried to start a voucher program and came close in 2016 with legislation sponsored by Dunn. But an unlikely alliance of Democrats and rural Republicans have foiled every attempt.

PHOTO: Marta W. Aldrich
State Rep. Bill Dunn (center) looks straight ahead after tabling his voucher bill in 2016.

Dunn, who has since risen to the House’s No. 2 leadership position, thinks education savings accounts would be more appealing to rural legislators who see little local benefit in opening the door to vouchers in Tennessee.

“A voucher is dependent upon having a private school being available. But there’s more flexibility with an ESA and you could shop for a lot more educational services for your child no matter where you live,” he said, adding that a better educated workforce could lure more jobs to rural Tennessee.

A 2018 poll by the pro-voucher American Federation for Children found that voters are more open to voucher-like programs like education savings accounts  and “tax credit scholarships” than vouchers, even though all three would siphon off funding from public schools. That’s one reason that backers are avoiding the V-word and re-branding how they talk about “school choice.”

Leaders of the American Federation for Children say they wouldn’t be surprised to see legislation filed this year in Tennessee, whether for vouchers or education savings accounts.

“We’re supportive of both,” said state director Shaka Mitchell. “But because an ESA allows students’ education to be far more customized, I think it’s useful in some ways that a voucher isn’t.”


Do school vouchers work? Here’s what the research says


“School choice” advocates will have two powerful new allies in the governor’s office when Bill Lee is inaugurated on Jan. 19. The governor-elect has hired Tony Niknejad, former state director of the American Federation for Children, to be his policy director, while Brent Easley of TennesseeCAN, another pro-voucher group, is his legislative director.

But it’s uncertain whether Lee — a Williamson County businessman who won his first bid for office — will put his political muscle behind the divisive issue in his early months of governing, especially when he must develop his first proposed budget and a broader vision for his four-year administration.

PHOTO: Ned Jilton II/Kingsport Times-News
Bill Lee was elected Tennessee’s 50th governor in November and will take the oath of office on Jan. 19.

“There may be a lot of talk about vouchers or education savings accounts, but I don’t think it’s the right climate yet,” said Rep. Mark White of Memphis, who this week was named chairman of the House Education Committee.

One reason, he said, is accountability for recipients of education savings accounts and the services they choose.

“We’ve worked so hard making sure the public schools are accountable with testing that if we just give a parent money to go to a private school of their choice or to choose other services and we don’t have any accountability, then I would be against it,” White said. “If we’re talking about taxpayer dollars and we’re holding one group accountable, then we’ve got to hold everybody accountable.”

Tennessee already has one program that’s similar to education savings accounts. The state launched launched Individualized Education Accounts for students with certain disabilities in 2017, allowing families to receive up to $6,000 annually to pay for private educational services. This year, 137 students from 38 districts are participating, with 70 percent attending a private school and the rest homeschooled, according to the state’s most recent data.

“When we debated that limited-choice program, people got up and said it would be the end of the world and would destroy public education — but it hasn’t,” said Dunn.

Others point out that, although the state planned for more participants in the program, no one expected families to rush out of public schools. Anyone opting to use the accounts must waive their federal right to receive a “free and appropriate” public education. For students with disabilities, that usually costs far beyond the $6,000 a year allocated to participants.

One bill filed in the legislature’s first week seeks to expand the program to make more students eligible. Rep. Jay Reedy, a Republican from Erin, wants students who are already in private or home schools to be able to participate. Currently, families can apply only if their student is enrolled in public schools.