enrollment wars

McQueen tells Hopson to share Memphis student information with charter operator

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

Tennessee’s education chief has sided with a charter operator in the ongoing tug-of-war between Shelby County Schools and the state’s Achievement School District over student contact information.

Commissioner Candice McQueen directed Superintendent Dorsey Hopson on Monday to immediately share the information requested by Green Dot Public Schools. She said the district’s refusal violates a new state law by withholding information that charter operators need to recruit students and market their programs.

“This is the only way to enable and support parents in making truly informed decisions about their children’s education,” McQueen said in a letter to Hopson.

Sharing student information would help to level the playing field in Memphis, where Shelby County Schools has aggressively sought to stem the exodus of students to state-run charter schools, most of which were once locally run before the state intervened due to chronic low performance.

Green Dot’s five state-authorized Memphis schools have contributed to that drain, and Hopson’s administration has pulled back on accommodating charter operators’ requests for information. The district contends that such sharing would violate federal student privacy laws, but McQueen said that’s not the case.

The commissioner’s stance sets up a possible legal battle between Shelby County Schools and the state.

“We are in receipt of the letter and will be reviewing the basis for the Commissioner’s response to determine next steps,” said spokeswoman Natalia Powers.

The state’s directive also could have implications for other districts like Nashville’s, which have received similar requests from charter operators.

PHOTO: Laura Faith Kebede
Green Dot executive director Megan Quaile

Earlier this year, state lawmakers sought to address the tug-of-war in a sweeping overhaul of the state’s charter school law. One provision requires local districts to hand over student data to approved charters within 30 days of a request.

Megan Quaile, executive director of Green Dot Tennessee, said she was pleased with the commissioner’s position and hopes that Shelby County Schools will comply.

“Our interest is making sure our communities are well informed,” Quaile said. “(The student directory information) is a vehicle by which that can happen.”

You can read McQueen’s full letter to Hopson below:

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.”

PHOTO: TN.gov
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.”

race in the classroom

This test-prep passage about Robert E. Lee made a New York City teacher feel ‘angry and sick’

PHOTO: Grace Tatter

Soon after Ruben Brosbe handed out an assigned test-prep packet to his fifth-grade students in Harlem this month, he became concerned.

As he read over his students’ shoulders, he noticed a passage about Robert E. Lee that appeared to minimize the Confederate leader’s role in preserving slavery.

Lee “claimed that he didn’t like it that slavery existed,” read the passage, which was part of a practice test created for New York schools by Curriculum Associates, a company that makes tests, educational games and classroom materials for schools across the country. The passage went on to say that Lee’s wife “did show genuine concern” for the family’s slaves, teaching them to read and sew.

Brosbe said he found the piece to be “very biased.” But he said he couldn’t discuss it with his students, who are mostly black and Hispanic, because they were taking the practice tests, which Brosbe said the city requires certain low-performing schools to administer twice per year.

“I thought it was very problematic and it didn’t make any sense to me why it would show up on a test when teachers aren’t able to provide any context,” Brosbe told Chalkbeat. He also blogged about the experience, writing that the passage “is a glaringly bad example of the racial bias embedded into tests, curriculum, and the U.S. education system in general.”

A spokeswoman for Curriculum Associates said the passage was flagged during a review last fall and is no longer included in new materials.

“As a company, Curriculum Associates takes cultural responsiveness seriously and is committed to constantly evolving our materials to ensure we serve all students equitably,” said Charlotte Fixler, the company’s director of communicationsin an email. “We agree with the fundamental concerns shared by this educator and felt that presenting this content in a non-teacher-led environment was not in the best interest of students.”

She added that the company is working with experts to make sure its materials “don’t marginalize” any students.

New York City education department spokesman Michael Aciman said the passage “lacks important context” and will no longer be included in materials used in city schools.

Brosbe’s concern about the test passage comes amid a new wave of attention to racial bias in classroom materials and instruction in New York City. The incident highlights how even seemingly neutral materials like test-prep booklets can reflect baked-in biases and values.

Reports about several racially charged lessons, including an incident where a teacher is accused of stepping on the backs of students of color to simulate slavery, have given new ammunition to advocates who say the education department needs to provide teacher training and classroom materials that are culturally sensitive and reflect all students.

As Brosbe’s experience shows, even teachers who try to make their classrooms welcoming for all students can be thwarted when they are required to use curriculum materials that they don’t control.

The Southern Poverty Law Center zeroed in on that problem in a recent analysis, finding that popular textbooks rarely detail the “comprehensive history” of slavery, including white supremacy. In a survey, 58 percent of teachers found their textbooks “inadequate” and 40 percent said their state did not offer enough support for how to teach about slavery.

Presented with the passage that Brosbe’s students read, Maureen Costello, the director of Teaching Tolerance — an arm of the law center which provides free resources for educators — said she saw numerous problems.

“It’s overly-simplified and, worse, lacks context,” she wrote in an email. Those issues, she added, could undermine the test’s effectiveness.

“It reflects a white sensibility that assumes this is a good neutral topic on which to base a test question,” she wrote. “When you use a passage as loaded as this one with assumptions about history, it introduces new variables (does it jibe with what a student believes? Does it make the student angry? Does it demean the student?) that may make it harder for the test to actually measure what it’s intended to.”

Curriculum Associates is a Massachusetts-based company that also produces online “personalized learning” programs that are widely used across the country. Its materials are used by 6 million students, according to a company press release. The passage was included in the company’s “Ready” materials that are designed to mirror New York state tests, Brosbe said.

Many New York City elementary and middle schools use the company’s materials, and the state has previously approved its assessments for use in teacher and principal evaluations.

Brosbe blogged about “feeling angry and sick” after reading the questions about Lee, and included a link to the Curriculum Associates website where the passage was posted. The link stopped working after Chalkbeat sent the company a request for comment late Tuesday.

Brosbe’s concerns about the test passage are in line with a growing push in New York to root out bias in the city’s classrooms and teaching materials.

On Wednesday, a group of parent leaders called for “systemic changes to begin addressing racism in our schools and the school system.” The Education Council Consortium, which represents all the local parent education councils in the city, pointed to a number of other problematic incidents — including a PTA fundraiser ad that featured performers in blackface — but did not specifically address the test passage.

“Underneath these overtly racist incidents,” the group said in a statement, “are microaggressions and implicit biases that plague many students of color on a daily basis, taking a toll on their socio-emotional well being.”

Here’s more from the test passage:

Lee didn’t support secession. He believed that states did not have the right to leave the Union, and he worried that war would come if they did. Lee also did not like the idea that a war would be fought over slavery. He claimed that he didn’t like it that slavery existed in the United States, and he once wrote that “slavery as an institution is a moral and political evil.” At the same time, he was very much against an immediate end to it. He favored what he later called a “gradual emancipation,” one that would take place over time.
Lee and his family owned slaves, and by all accounts, he treated these people as property. Legally, he could have freed them, but he didn’t.

His wife, Mary, however, did show genuine concern for the slaves at Arlington, the estate where they lived. She taught the female slaves there to read, write, and sew, so that they would be better prepared for freedom when the time came.

Monica Disare contributed reporting.