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Charter Amendment HR 1162 - Governor Deal - Did You Read It?

Will HR1162 address failing schools or are the voters being misled?

 

Now that we're into September the big guns will be rolled out to get you to vote "YES" on HR 1162. This innocent sounding amendment to our state constitution will ask the following question:

Shall the Constitution of Georgia be amended to allow state or local approval of public charter schools upon the request of local communities?

First of all let's clarify what type of public charter school we're talking about. Pro-school choice advocates want more independent, "start-up" charter schools. These schools could be authorized by an appointed State Charter Commission if denied by a local board of education. They would not be governed by a local board of education or by the state, but by an autonomous non-profit board of directors. Parental representation on this governing board is not required. They can contract with a "for-profit" education management company if they want to. Tuition is free, paid by state tax dollars primarily, thus the designation "public" applies.

In Alpharetta, for example, Amana Academy is and Fulton Science Academy MS was, a "start-up" charter. They were authorized by the local board of education. Fulton County Schools has converted to a "charter system" - that is not what HR 1162/HB 797 is about - all Fulton County Schools will have increased flexibility and parental involvement, but governance and the operation of all schools will remain with the Fulton County BOE. 

Governor Deal is for HR 1162. He has started making the rounds saying things like, "In many parts of our state, students are stuck in schools that are failing...in schools that are not making adequate yearly progress," - remarks to the Gwinnett Chamber on August 23rd. I'm not really sure if Gov. Deal has actually read HR 1162 and the legislation you will get, HB 797, if you vote for it. He signed HB 797 into law on May 3, 2012. I'm hoping he hasn't read the bills because then he can claim, "he didn't know." 

Here's the bottom line - anyone who states or insinuates that HR 1162/HB 797 will improve Georgia's low graduation rate or help kids in failing schools is  MISLEADING YOU! How do I know? Because I read the darn legislation!

I challenge you to find any of the following words or phrases. Email back on this blog and tell me precisely where any of the following words are mentioned in either HR 1162 or HB 797:

Ready? Here are the key words or phrases: improve, failing school, "at-risk", succeed, drop out, adequate yearly progress, disadvantaged, achievement gap, special needs, learning, innovative, low-performing, professional, English language learners, or graduation rate. HB 797 is only 13 pages and pages 8 - 13 are all about money. The only valid bill must match the final versions located on the Georgia Legislature's website or here; http://1.usa.gov/PFwngj, http://1.usa.gov/ThnBZE

Guess what - if those words are not written down, charter schools which actually address any of those issues aren't necessarily going to be started. To all of you who have trusted your legislators to write a bill that was concise and targeted to actually improve failing schools or foster innovation in education, you have been misled.

The State of Maine is rated #1 by the National Alliance for Public Charter Schools by virtue of its charter school law http://bit.ly/TVGq1S. Here is the paragraph describing the type of state charter school the Charter Commission in Maine is supposed to be looking for;

"Charter schools may be established as public schools pursuant to this chapter to improve pupil learning by creating more high-quality schools with high standards for pupil performance; to close achievement gaps between high-performing and low-performing groups of public schools students; to increase high-quality educational opportunities within the public education system; to provide alternative learning environments for students who are not thriving in traditional school settings; to create new professional opportunities for teachers and other school personnel; to encourage the use of different, high-quality models of teaching and other aspects of schooling; and to provide students, parents, community members and local entities with expanded opportunities for involvement in the public education system."

Here is Georgia's Charter Commission mission statement from HB 797;

"State charter schools do not supplant public schools operated by local boards of education but provide options to enhance public educational opportunities... Develop, promote, and disseminate best practices for state charter schools in order to ensure that high-quality schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven state charter school programs." 

INSPIRATIONAL right? Sounds more like a clinical trial to encourage the growth of a virus!

Here are the key words in HB 797; enhance, high quality, replicate, efficient, financially proven.

Reason #4 to vote "NO" on HR 1162: it's an engraved invitation to "for-profit" education management companies to replicate in Georgia.

Phil McCall September 5, 2012 at 11:41 pm
Elizabeth: To restate what I said in my 1st post; I am neither a proponent or detractor of charter schools, but gathering facts so I can make a decision in November. The issue for me is a State wide question and is not limited to a local system. The failures of Clayton, McDuffie, etc. is a State issue and not a local issue for me. I do not want you to frame my views through questions into an implied support of the Amendment and the creation of a State Charter Commission. I am undecided, which is why I asked you for solutions in lieu of being forced to support an alternatives to the status quo such as the Amendment.
My direct answer to your question - I have not chosen to support the Amendment which means I can not justify an appointed State Charter Commission. I'm not dodging your question - I simply can't justify what I do not support. With that said; I can not confirm what you assert as "authority" (law) regarding legal authority of the SBOE to over ride a local board. Please cite "precise" source in O.C.G.A so I can verify SBOE has legal authority to CURRENTLY over ride the local board granting a special and non-special charter school. My verification of your assertion would go a long way toward my decision. Your turn to answer: do you [Elizabeth] have a solution to improve Georgia's public education within current tax constraints? I am in hope you can give me a workable alternative and not pose another deflection.
Stacy September 5, 2012 at 11:45 pm
Steely,
The "special" charter schools of which you speak are defined in lines 160 - 165, I believe. It seems, in my opinion, to give a large parameter of what constitutes a the definition of "special." The legislation wording is that a potential charter school, "Demonstrates that it has special characteristics, such as a special population, a special curriculum, or some other feature or features which enhance educational opportunities, which may include the demonstration of a need to enroll students across multiple communities or an alternative delivery system; provided, however, that the petitioner shall demonstrate a reasonable justification for any proposed special curriculum that has a narrow or limited focus." Many denials have funding as the reason, not the whether or not they are "special." Those denials are saving tax payers the burden of paying for another system run by appointed officials. Rather than LOCAL "short-sighted, crony-filled local BOEs".(your words), would you rather have STATE and FEDERAL "short-sighted, crony-filled BOEs" running the show? It's hard enough to be heard at the local level, let alone at the state level - and I'm talking about those who were ELECTED. You cannot get an appointed person out of control as easy. That's what is troubling to me. I can't find anything on the appeal process, so I might be wrong, but appointed vs. elected is a pretty major point to think about. It's the main point for me with regards to this issue.
Frank Jones September 6, 2012 at 02:01 am
Bill...The market forces that you refer to are fleeting at best; fleeting since whether we're talking public schools, private, or charter, there are a limited number of teachers and administrative experts to implement the improvements you believe are needed. If for instance, 1/2 of CCSD became for-profit charter schools, where would the charter schools get their teachers and administrators? Most likely, from the teachers and administrators laid-off by the school system. The only difference would be that instead of reporting to a public school board, they'd report to a corporate board interested in education only to the point of maxizing their ROI.
Further, under your market forces assumption parents would want their children in the charter schools "perceived" as better; however, there would be a limited number of "better seats" (in business some businesses are run better and produce a better product than others). Under the market forces model, a lucky few would have the "better seats" while the rest receive an inadequate education. The inadequate charter would be guaranteed income for the remainder of the year or years until funding could be withheld. The inadequate charter may lose students, but where would they go? To another charter already at capacity? To a traditional school already at capacity? Charters aren't Utopia! They're just rhetoric used by anti-gov't, pro-business pundits.
Frank Jones September 6, 2012 at 02:16 am
Pro-America...For-profit has nothing to do with the employee's compensation! For-profit has everything to do with the business' profits -- and thus the term "for-profit". A teacher, principal, or janitor employed in either a traditional school or charter school will receive compensation. A traditional school receives an amount of money to educate the students AND spends that money to educated the students. A for-profit charter receives an amount of money to educate the students and skims 10-15% off the top and spends 85-90% to educate the students. The more the for-profit can skimp, the more money they can make. And if they can get smarter students and/or demographically better students, their skimping won't be noticable as the students will naturally perform better -- less SPED, educated parents, higher income parents, stable family structure, etc.
For-Profit simply means, less money for the kids!
Athens Mama September 6, 2012 at 02:26 am
Ms. Hooper's agenda is not reflective of all the parents in Georgia, many of whom are stuck in a feudal system of control over their children and their children's education. This year, I received a form letter from my child's school stating that parents are to make appointment before visiting their children at school, except at lunch. These people are out of their government controlled, lunatic minds. WE WANT CHOICES NOW!!!
Elizabeth Hooper September 6, 2012 at 02:32 am
Phil,
Please refer to my post on August 16th. O.C.G.A. 20-2-2064.1 charter schools act of 1998 was amended in 2002 to include a state chartered school. Funding for this class of chartered school was amended on July 1st 2012. Fulton Science Academy ms applied to become a state charter school in January 2012. They were denied. This is a legal can of worms. The voters are being placed smack in the middle. Do you think this amendment has anything to do with education reform? It's about power and I do not want to cast my vote with an appointed commission under the circumstances.
Holly J September 6, 2012 at 10:36 am
And I would LOVE to know a kindergarten teacher- or any teacher still in a classroom at the K-12 level- who makes 100K! Tell me where that school is- I'm there!
And stop the "no accountability" stuff. Teachers are inundated with paperwork and testing to keep them "accountable." But, all that "accountability" has hamstrung them from doing the actual job- teaching.
Holly J September 6, 2012 at 10:51 am
Nobody's opinion is reflective of "all" the parents in GA. Some systems need and deserve options- options which currently exist. DCSS, APS, Athens, wherever, can all start charter schools. No one is stopping them. If "parents are the best local control", then work on a charter petition. But, I'm not seeing Charter Schools USA beating the doors of APS or DeKalb down to establish charters, either. I still say the for-profit charter companies aren't interested in improving anything but their bottom line and providing taxpayer funded "private" schools for the already fortunate.
I've said it before and I'll say it again, if relieving the restrictions on charters is the way to improve education, then why aren't Rogers, Jan Jones, Fran Millar, et al. pushing to do that for ALL schools??? In my opinion, it's because people want a "special" school for their kids, and if all the schools got in on the act, their school would be less "special." And, they could not care less about improving all schools for all kids.
Elizabeth Hooper September 6, 2012 at 11:14 am
Steely,
Read O.C.G.A. 20-2-2064.1 the state BOE can currently grant a petition to a charter that was denied by a local board. They don't have to be a special school to apply. They become a state chartered special school. Ivy prep is one, Fulton Science could have been one. Why isnt that process which is already in place good enough for you?
Elizabeth Hooper September 6, 2012 at 12:38 pm
In addition since you mention the word improve in your last paragraph, did you happen to find that word mentioned once in HB 797? If so, please let me know where. If not, please do not insinuate that HR1162/HB797 will improve Georgias public education. That is misleading. Thank you.
Listening September 6, 2012 at 01:00 pm
Athens Mama and Bill Evelyn, did either of you ask why the school implemented an appointment policy before you jumped to your already predetermined conclusion? Our middle school just had to do the same thing. I asked the principal why. She's got a stack of warrants on her desk for non-custodial parents who are not allowed near their children. She cannot allow parents in until she's had the opportunity to verify they are legally allowed to be there. Is this the school's fault? No. Please ask questions before you decide every action supports your already pre-determined destination.
Steely Dan September 6, 2012 at 01:34 pm
But Stacy, this isn't about "Would I RATHER have state& federal than local?" This isn't an "Either/Or". Local BOEs will still be the first govt group to approve/deny charters. 1162 will allow parents and communities (i.e. parental control) to appeal the decision of a Local BOE.
There's plenty of funding available if we stop overpaying admins and superintendents. $7 Billion is more than enough to run our state's Education. Any charter denied by a local BOE (i.e. most of 'em) won't received a dime of local district money. That's clearly written in 1162. If you pro-status-quo folks don't trust the State and Fed, then you should stop taking their (OUR!) money. I find it amusing and thoroughly hypocritical that all the status-quo lovers, admins, and superintendents hate the State and Fed but LOVE the endless stream of govt cash they're providing.
Steely Dan September 6, 2012 at 01:45 pm
Mrs. Hooper, the State Supreme Court Ruling last year overturned that ability.
O.C.G.A. 20-2-2064 was made null & void last May. Please keep up with current events and stop spreading disinformation. Here - let me help you: http://blogs.ajc.com/get-schooled-blog/2011/05/16/breaking-news-supreme-court-strikes-down-charter-schools-commission-in-4-3-vote/ "In a long-awaited ruling released this morning, the state Supreme Court struck down a state commission that could approve charter schools over the objection of local boards of education and direct local funding to the schools."
Stacy September 6, 2012 at 02:04 pm
Steely Dan,
First, you make a few assumptions in your post that I find a bit condescending. How is it that you presume to know anything about me based on our conversation here? "If you pro-status-quo folks don't trust the State and Fed, then you should stop taking their (OUR!) money." I find it amusing and thoroughly hypocritical that all the status-quo lovers, admins, and superintendents hate the State and Fed but LOVE the endless stream of govt cash they're providing." Second, you state that "1162 will allow parents and communities (i.e. parental control) to appeal the decision of a Local BOE." True. But to whom will they appeal? The politically APPOINTED commission who, in some cases, might be "tempted" to vote in favor of a particular Charter based on "factors" other than educational ones. Third, you state that "Any charter denied by a local BOE (i.e. most of 'em) won't received a dime of local district money. That's clearly written in 1162." I can't seem to find that written in the legislation. The money for state chartered schools comes from state educational funds ("OUR money", as you say). Therefore, it might not directly "'RECEIVE'" a dime of local district money" but that local money will be DIVERTED from local districts/charter schools to help fund non-local disctricts/charter schools the same way it's already occurring. (BTW, there's no underline font, so I'm not yelling in all caps, I'm simply putting emphasis on certain points..
Steely Dan September 6, 2012 at 06:07 pm
apologies for lumping you in with the "no change! We're doing great!!" crowd, Stacy.
From reading 1162, parents and local communities would appeal to a State board. A State board that cannot possibly be more corrupted than APS, Bibb County, Dekalb County, or Cherokee County's back when it faced a loss of SACS accreditation. And yes, 1162 makes clear that when local BOEs deny a charter, that charter (if approved by state) won't take a penny of local (property tax) money. Why shouldn't those schools therefore receive state money? Their parents have already paid their taxes - why should their children be forced to attend crappy, failed public schools? I am all for diverting $$$ from traditional public schools, seeing how poor a job they're doing with $7 BILLION annually. The traditional pub. school model is failing too many students for it to be taken seriously as an excellent provider of education. Continuing to shovel our tax $$ into its black hole and expecting results to improve is insanity.
Elizabeth Hooper September 6, 2012 at 06:29 pm
Steely,
The charter commission's authority was ruled unconstitiutional, the state BOE's authority REMAINS - please read this http://bit.ly/RpNSjQ. Also, in HB 797, it specifically says on lines 94 and 95 "The State Board of Education shall review and may overrule the approval or renewal of a state charter school by the commission within 60 days...." I will repeat for the 10th time - Fulton Science You have been misled - please stop trying to confuse everyone.
Elizabeth Hooper September 6, 2012 at 06:35 pm
I meant to finish by saying - Fulton Science Academy applied to become a state charter school long after the Commission was disbanded. The state had full authority to grant them a charter had they felt it was appropriate to do so. Please keep up with current events and stop spreading misinformation.
Elizabeth Hooper September 6, 2012 at 06:39 pm
The charter commission's authority was ruled unconstitiutional, the state BOE's authority REMAINS - please read this http://bit.ly/RpNSjQ. Also, in HB 797, it specifically says on lines 94 and 95 "The State Board of Education shall review and may overrule the approval or renewal of a state charter school by the commission within 60 days...." The state BOE still has full authority to approve a charter a local board has denied - Charter Commission or no Charter Commission. Here's a thought - since you obviously don't believe a word I say, why don't you call the State BOE charter division and ask them?
Athens Mama September 7, 2012 at 12:45 am
Bill Evelyn - I appreciate you seeing the lunacy in this. A grandparent of one of my child's friends said this, "I think the future of education is the virtual schooling." Her grandchild was pulled out of a local school for various reasons and is now being homeschooled using Georgia Virtual Academy. Her parents both have to work, just like I do, but they have the added resource of a stay-at-home grandparent in their family who is available to be there with her. This is why the issues with caregivers at school and MORE CHOICES ARE NECESSARY - because for people who are unable to move out of their local school zone, they have no other choice if they must work. I cannot tell you the number of times I have thought to myself, "As social as [my child] is, I would give so much just to be able to homeschool [my child] for even just a year." In today's complex world, staying home is a luxury for those who plan it that way or for those who are wealthy. With personal debts, responsibilities to my own retirement, and a child 4 years from college, I have no choice but to work. We moved to get out of a zone that I considered an impossible partner for educating my child, and are very happy with our current school. However, I was floored to receive that letter!
Holly J - as if the local BOEs are just going to hand over money and let the parents who are paying attention [of academically successful kids] pull their kids out of schools that would fail AYP if just that happened.
Athens Mama September 7, 2012 at 12:46 am
@ Listening - I'll take your advice, but I'm not holding my breath.
Steely Dan September 7, 2012 at 01:44 am
Right, Mrs. Hooper - a 'state charter school', not one approved by a local district.
Fulton Science was stupid and should've accepted the deal they were given. If you're going to paint all charter schools with the Fulton Science brush, then I get to paint all GA public schools with the APS brush. Deal?
Steely Dan September 7, 2012 at 01:55 am
I've no need to confirm what I already know.
Your thinly-veiled support of our mediocre public schools is too obvious for me to trust your information, as your side has a history of bullying those who are in favor of school choice into silence. Every single argument you make is in regards to funding, funding, funding...rather than educating. Attempts at obfuscating damning statistics is another tactic. Failing that, it's Shoot the Messenger. It's the dead giveaway to all your arguments. The traditional status-quo fans care more about funding than educating. That's been illustrated repeatedly, even in the face of a global recession, and another of many reasons I'm voting YES for 1162. Any alternative is superior to what passes for public education in most of GA and should be supported by all taxpayers.
Stacy September 7, 2012 at 01:42 pm
Apology accepted, Steely Dan.
Here's the real question about this entire proposed amendment. Do any of you find it as upsetting (to put it mildly) as I do that we would be amending the Constitution to allow our Governor (any Governor, not just Nathan Deal) to APPOINT a commission? Do we want to give them the power to do something that the State Supreme Court ruled unconstitutional? This isn't about the state of education, whether it be public, private, online, homeschool, or anything else; it's about a fancy worded power grab, and it involves all of us, no matter how we feel about education.
Steely Dan September 8, 2012 at 01:02 am
Stacy, honestly I do not. Given the ridiculous corruption and criminal behavior seen in just the last year in places like APS, Dekalb County, and Bibb County, I trust the state far more than I trust any local district.
Here's an excellent article that explains why 1162 is needed: http://chronicle.augusta.com/opinion/editorials/2012-04-21/saving-our-children
Me September 9, 2012 at 11:11 pm
@Steely Dan You speak of corruption in school systems but trust a governor who resigned his Congressional seat before ethics investigation could be completed to appoint a commission. (And who saw the Georgia ethics commission cut 42% as they were investigation him for campaign finance irregularities.) SURE, that sounds like a move in the right direction.... (Since you like the Augusta Chronicle..http://chronicle.augusta.com/news/2012-06-14/complaints-about-gov-nathan-deal-lawsuits-face-georgia-ethics-agency)
Me September 9, 2012 at 11:23 pm
Elizabeth, You KNOW Governor Deal hasn't read this - he has "people" to do that and tell him their interpretation of it! (Well, his people and lobbyists from groups funded by all those out-of-state donors supporting the law... http://onlineathens.com/local-news/2012-08-31/out-state-donors-funding-charter-school-push)
Athens Mama September 10, 2012 at 04:30 am
As much as communities have the power to elect their local BOEs, the incumbents continue to get voted in because either no one else runs or people don't consider that change should occur. The truth is, this is a very complex issue. BOEs are saddled with the job of doing what is best for all the children in a community. This is very complex, because trying to serve the masses almost always means watering down what is served, especially if there is a tight budget. So, why would a local BOE want to further water down (spread less around to the masses they serve) with a charter school that will drain funds and parents of more academically successful children (because they are the ones paying closest attention to raising children and their educations)? The answer is, in an era of shrinking budgets, they won't. This leaves us with a system where schools are zoned by real estate boundaries. This creates a feudal system in which each Principal is the feudal lord and the educators are the nobles. Their power is quite large, when you think about it. Educators in many districts get tenure after a certain number of years. There is a good reason for this - to protect their years of valuable service and to protect them in case an unfair administrator tries to threaten their jobs. The problem with this is that takes nearly a criminal act to remove a teacher with tenure, even if it is clear that they hate children, or certain types of children. If there are choices, the feudal
Athens Mama September 10, 2012 at 04:37 am
lords must work harder to please parents. They will not treat my child poorly just because my child has a different last name than I do, and they consider that they can get away with it because I am a "poor single mother." The charter and the local schools will be competing for their customers, because they both want the highest performing, best behaved students. The teachers who treat children poorly will affect their schools, because people will choose charters over schools that harbor educators with bad attitudes that are harmful to children. The argument is that the charter will give less resources to students because they want to make a profit - but the truth is (and they know this) that they cannot make a profit unless they attract families. Attracting families is important - and they might not only attract families with high performing students. Their test scores may not be much higher than the local schools, but who the heck cares, if the families and students are happy? In my family, there is a high performance test taker, and a medium performance test taker. I don't really care if they grow up to be doctors or parks and recreation workers, as long as they work steadily, like what they do, and make a living that allows them to support their families. In order to get there, they must both engage in school, graduate, and pursue some type of post-secondary education. Charter or local, I don't care, just love them and engage them!!
Athens Mama September 10, 2012 at 04:46 am
We need choices = charters. The governor is trying to get charters to the public school districts in the only way that is going to be effective across the state. He knows that as the money dries up, local BOEs will be less able to do their jobs (serving all the students of their districts) with limited resources - AND preserve choices and quality within their districts. They are also very unlikely to approve a charter, when the risk of the charter not producing higher test scores is a factor. The thing is, I'll say it again, test scores are indicative of academic achievement, but they are not always the best litmus test for indicating how well a school is doing its job. True, test scores should rise with higher quality education, but when parents have a school struggling to meet AYP and a charter that does not have much higher test scores but does deliver a MUCH HIGHER QUALITY SCHOOL CULTURE - the the choice is a no brainer for the parents. Parents want their children - PARTICULARLY ELEMENTARY SCHOOL CHILDREN - in schools where their love of learning is nurtured, where they feel safe, secure, and cared for. Some kids don't become great test takers until they are a little older and their brains have had more time to develop, or their energy has become a little more focused. You know what? As a parent - I don't give a flip if my kid doesn't exceed in many areas of the CRCT as a third grader but then does exceed in several areas as a fifth grader. Be nice either way!
Lynn McIntyre October 18, 2012 at 09:06 am
http://lanierteapartypatriots.org/article.asp?id=83 Tea Party says Vote NO too...

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