Education Policy Institute

4401-A Connecticut Avenue, Box 294, Washington, DC 20008
Tel: (202) 244-7535, Fax: (202) 244-7584
Education Exchange
Volume 2, Issue 4 -- April 1998

Focusing on Education Reforms at Your School, in Your State Legislature, and in Congress

In This Issue

Choice Becoming an Option Through Charters

Charter Schools Educate a Diverse Population

Paycheck Protection Hot Issue This Election Season

Pending State Workers' Rights Legislation

PTA Explains Its National Standards at NCPIE

NBPTS Certification Costs "Waste of Public Funds"

Post Merger, Additional Reporting for NEA Affiliates?

NEA Attempts to Join Charter School Bandwagon

EPI's Education Quick Facts

Choice Becoming an Option Through Charters

Since the phenomenon began in 1991 in Minnesota, 29 states and the District of Columbia now have legislation permitting the formation of charter schools. A charter school is an autonomous entity that operates on the basis of a charter or contract between the individual or group (e.g., teachers, parents, others) which organizes the school and its sponsor (e.g., local school board, county or state board, university, or charter board). The charter specifies such items as the school's educational plan, specific educational outcomes and assessments, a school management plan, and other compliance requirements. Once granted a charter, a school begins to receive educational formula-driven funding (e.g., average per pupil cost, plus targeted funds).

Charter schools appeal to those who want to improve educational choice by introducing competition into the education system. A recent study by the U.S. Department of Education found that "the most common reasons for founding charter schools are to pursue an educational vision or gain autonomy."

Charter school legislation varies widely from state to state and the level of specificity and restrictions often depend on the strength of the opposition from the teacher unions, school boards, and others who hold a stake in the status quo. Some characteristics of strong legislation include the following:

  • Open to any individual, group, or organization, including for-profit companies;
  • Exemptions from many state and local rules, including collective bargaining contracts, and conventional teacher certification requirements;
  • Fiscal and legal autonomy --self governance through a board of trustees;
  • More than one charter-granting body and a definitive appeals process;
  • No limitation on the number of schools which can be chartered;
  • Direct state funding established at a level equivalent to the average of all state and local expenditures and, if possible, to include operating and some capital revenues.

Charter school holders are directly responsible to agencies of state government to meet certain student performance requirements; maintain financial viability; protect the rights of students, parents and employees; and carry out the educational responsibilities of state government.

As public schools, most of the 784 charter schools now operating cannot charge tuition, teach religion, or affiliate with religious institutions. Charter schools may not restrict admissions on the basis of race, religion, national origin, language, intellectual or athletic ability, measures of achievement, or special needs. Some charter schools, however, target specific student populations such as special needs students.

As the dissatisfaction with government's management of America's public schools grows, charter schools may become a viable option. That viability increases with the stability of an experienced management company at the helm of the charter school.

Charter Schools Educate a Diverse Population

No two charter schools are alike. They address different needs, approaches, communities, and student populations.

  • Most charter schools are small.
  • Most charter schools are newly created.
  • Charter schools have, on average, a racial composition roughly similar to statewide averages, or they have a higher proportion of students of color.
  • Charter schools serve, on average, a slightly lower proportion of students with disabilities, except in Minnesota and Wisconsin.
  • Charter schools serve, on average, a lower proportion of limited English proficient (LEP) students, except in Minnesota and Massachusetts.
  • Charter schools enroll approximately the same proportion of low-income students, on average, as other public schools.
  • Most charter schools are eligible for Title 1 funding.

Paycheck Protection Hot Issue This Election Season

Paycheck protection is in the news, and will certainly remain there through November. The initiatives that would, in most cases, require employees to provide annual written authorization in order for employers to deduct wages for political use is showing up in states far and wide.

Though it is on the radar screen in Congress with corresponding bills at the federal level, action on worker paycheck protection will most effectively occur in state legislatures as amendments to state campaign finance laws, and through state ballot initiatives. As many as 30 states expect to put the issue before voters on their November ballots.

Washington state holds bragging rights for being the first state to pass (with 70 percent of the vote) and implement a paycheck protection/workers' rights law in 1992. There, the proposition (I-134) was called the Fair Campaign Practices Act. Sources say its success played a significant role in California's current drive to pass Proposition 226 in a primary election to be held June 2. If passed, Proposition 226 will become law on July 1, 1998.

Proposition 226 maintains high approval ratings across the board, including 70+ percent support in union households. The passage of California's Proposition 226 will bring a greater degree of national publicity to the issue, which will in turn build momentum for many other similar state initiatives that will be voted on later in the year.

While California receives the lion's share of attention on paycheck protection, Michigan has quietly implemented its own law banning reverse checkoffs, a procedure whereby an employee must request that the standard payroll deduction for political purposes be "discontinued."

Though originally approved by the state legislature in 1994, implementation of Michigan's law was held up by a restraining order until January 7, 1997, when the Appeals Court upheld the ban. Receipts of the two state teacher unions between 1994 (before the law changed) and 1997 (after the law took effect) were dramatic: MEA-PAC (Michigan Education Association) raised $2,567,821 from reverse checkoff in 1994, and $140,287.65 in the first ten months of 1997; Michigan Federation of Teachers PAC raised $179,215 from reverse checkoff in 1994, and $7,855.46 in the first ten months of 1997.

In Washington state, the level of "before and after passage of I-134" contributors dropped from 48,000 to 8,000. The Washington Education Association (WEA), as a result of this massive drop in contributions, took the bold step of implementing what it called a "Community Outreach Program." The outreach program was "an internal ploy to raise more WEA-PAC money," according to a deposition given by WEA lobbyist Robert Maier. The legal investigation into the WEA's political fundraising, spearheaded by the Evergreen Freedom Foundation, is ongoing.

Wyoming became the third state to pass a paycheck protection measure in March 1998. Both Houses of the Wyoming legislature approved legislation making it illegal for labor unions to force members to give contributions to political causes or politicians without the written consent of individual union members. Gov. Jim Geringer has promised to sign the measure.

Many more states are likely to enter the fray. See the box below for states that already have pending initiatives: Arizona, Alaska, Mississippi, Oregon, Pennsylvania, and Wisconsin.

Pending State Workers' Rights Legislation

Arizona: House Bill 2412, the "Labor Organizations Deductions Act," would preclude unions from spending treasury money on activities that aren't directly related to the ratification or administration of collective bargaining agreements."

Alaska: Senate Bill 114 would prohibit private and public employers from diverting any portion of an employee's wages for political contributions unless the employee files at least an annual written authorization.

Mississippi: The "Worker Paycheck Fairness Act" would require unions to secure at least an annual written authorization from any member before it could use any portion of the member's dues or fees for activities that aren't "necessary" to "performing the duties of the exclusive representation of employees in dealing with the employer on labor-management issues."

Oregon: Two ballot initiatives have been proposed that are aimed at union political checkoff, one prohibiting collection of political funds by a public entity, the other requiring employee written authorization.

Pennsylvania: House Bill 1968 would preclude private and public employees from making any payroll deductions that would support any candidate, separate fund, political action committee, legislative campaign fund, political party, or ballot issue.

Wisconsin: Assembly Bill 624 would prohibit an employer from making any payroll withholding for the purpose of making a contribution to a "committee" except upon the employee's consent, which must be secured at least annually.

PTA Explains Its National Standards at NCPIE

Kay Luzier is chairman of the National PTA Education Commission. Luzier, a veteran teacher from Florida, appeared before a handful of members of the National Coalition for Parent Involvement in Education. NCPIE is a coalition of approximately 60 organizations which meets monthly in Washington, DC.

Luzier explained the development of the PTA's six national standards for parent and family involvement. These standards are now being marketed to PTA members and others in hopes of having the standards adopted and implemented by school districts. The standards include promoting consistent communication between home and school, supporting parent skills development, urging parental roles in student learning, training volunteers, encouraging parents to become full partners in school decision making, and collaborating with the community.

Despite the extensive aspects of the PTA standards for parent involvement, the PTA can do little to assist parents who are demanding meaningful changes within failing public schools. Because the PTA has a policy of remaining neutral on challenges to the teacher union hold over the PTA's teacher members, it will not address parent concerns that defy the teacher unions.

NBPTS Certification Costs "Waste of Public Funds"

Republican members of the House Education and the Workforce Committee supported Committee Chairman Bill Goodling's proposal to shift $18.5 million to block grants for teacher training rather than fund the National Board for Professional Teaching Standards (NBPTS).

Goodling, a former Pennsylvania public school teacher and administrator, criticized NBPTS for wasting public funds. According to Mary Buday, an official at NBPTS, through January 1998, NBPTS had received $97.4 million from the following sources: federal government, $44.9 million; foundations, $36.5 million; corporations, $10.6 million; candidate fees, $3.7 million; and interest, $1.7 million.

Including the teachers certified in November 1997, NBPTS has certified 912 teachers to date. Despite the fact that there are now 2,200 candidates for board certification, the average cost of those certified previously is $106,798.25 per teacher. The 63-member NBPTS board, dominated by teacher union officials and members, offers voluntary certification for teachers whose portfolios meet designated criteria.

Post Merger, Additional Reporting for NEA Affiliates?

As merger talks continue, one area of possible contention between the NEA and AFT may be labor reporting requirements. Mike Antonucci, Director of the Education Intelligence Agency, explains, "Unions with even a small number of members in the private sector are bound by the reporting requirements of the Labor Management Reporting and Disclosure Act. Public sector unions are exempted.

Because they generally organize nurses, custodians and other private sector workers, most AFT affiliates are therefore required to report the compensation paid to each union officer and staffer. NEA and a small number of its state affiliates are likewise required to report these figures. But most NEA affiliates, including those in California, New Jersey and Wisconsin, are not bound by LMRDA.

Should they merge with their AFT counterparts, however, chances are good their compensation figures would become public record."

NEA Attempts to Join Charter School Bandwagon

Although the NEA and AFT view charter schools as a threat to their hard-won job protections, two years ago the NEA pledged $1.5 million over five years to start five of its own charter schools. Critics perceived the NEA's decision as a public relations poly. The NEA claims the charter project is part of the union's effort to emphasize its education reform efforts. However, the NEA's charter school teachers are not relieved of collective bargaining restrictions, and in keeping with the NEA's other rules, its charter schools are to hire only traditionally certified teachers. For its part, the NEA, with an annual budget of over $210 million, has provided support to its charter schools with budgeting, staff training, and public relations.

To date, only the CIVA Charter School in Colorado Springs and the Integrated Day Charter School in Norwich, CT, have been newly created. The 360-student, K-6 Lanikai school in Hawaii converted to charter status in 1996. Internal conflicts among members, and other problems have delayed the opening of the Ixcalli Charter School in San Diego . The proposed schools in Georgia and Phoenix have been abandoned .

EPI's Education Quick Facts

  • In a U.S. Department of Education survey, fifty-seven percent of schools reported crimes during the 1996-97 school year. Two out of ten middle and high schools witnessed at least one serious violent crime, such as rape or armed attack. In schools with more than 1,000 students, the rate increased to one out of every three schools. The survey included 1,234 schools and counted only those crimes reported to police. (Source: April 3, 1998 Ed Facts, a publication of the Family Research Council)
  • Simply collecting the signed authorizations mandated by this [paycheck protection] legislation, the AFL-CIO estimates, would cost unions $90 million in the first year. (Source: Michael D. Simpson, NEA Office of General Counsel, writing in March 1998 NEA Today)
  • A National Center for Education Statistics study shows that, in the United States, mathematics and native language instruction (English) were rated "essential" or "very important" by more of the public than any other subject. Mathematics received higher ratings in the U.S. than in any other nation. Some 85 percent of the Americans surveyed considered information technology either essential or very important. (Source: March 1998 American Teacher, an AFT publication)
  • According to Quality Counts '98: The Urban Challenge, 11 million children -- one out of four students in public education in the United States -- attend an urban school. Forty-three percent of the nation's minority children go to urban public schools, as do 35 percent of poor children. (Source: March/April 1998 Education Hotline, a newsletter published by Editorial Projects in Education, Inc.)
  • More than two-thirds of 1,000 superintendents polled at AASA's National Conference on Education said training teachers would offer greater educational benefits to their school districts than hiring teachers. Superintendents were ambivalent about paying higher salaries for teachers certified by a national board, though. (Source: April 15, 1998 Leadership News, a publication of the American Association of School Administrators)

See File

Copyright 1998
Education Policy Institute, PMB 294, 4401-A Connecticut Ave., NW, Washington, DC 20008-2322 202/244-7535, Fax 202/244-7584 http://www.educationpolicy.org