Federal

Advocates Want Bigger Role for Charters Under NCLB

By Erik W. Robelen — April 17, 2007 5 min read
  • Save to favorites
  • Print

As Congress gears up to revise the No Child Left Behind Act, some charter school advocates are calling for changes to enhance the sector’s role in providing new alternatives for communities with low-performing public schools, and in replacing some troubled schools altogether.

Bush administration officials recently highlighted ideas to help make the autonomous public schools bigger players in the drive to reach the law’s goals for improving student achievement, such as having federal law trump state-imposed caps on the number of charter schools in cases where communities want to shut down chronically low-performing schools and reopen them as charters.

“The whole idea of restructuring [is that] … the old way didn’t work, all bets are off,” Karl Zinsmeister, President Bush’s chief domestic-policy adviser, said at an April 5-6 charter school conference here hosted by the Department of Education. “We need to try something dramatic, something new, and getting around the caps is, we think, an important first step.”

Critics question whether charters, whether start-ups or conversions, are any more academically promising than regular public schools. And contradicting state law is likely to face resistance.

“States have set careful [conditions] on how many charter schools they might have,” said Joel Packer, the director of education policy and practice at the National Education Association. “We don’t think the federal government should override that.”

‘Engine’ of New Schools

Charter schools generally must meet the main provisions of the 5-year-old No Child Left Behind Act, including requirements on testing, accountability, and the hiring of “highly qualified” teachers. The law also has measures specifically to help charters, including the $200 million-a-year Charter Schools Program, which is seen as a critical support for starting such schools.

Moreover, the NCLB law offers chartering as one remedy for chronically low-performing schools. Schools subject to restructuring under the law may reopen as charters, though few schools have done so to date.

Like many other constituencies, charter advocates seek changes in the law’s requirements for showing adequate yearly progress, or AYP, that would encourage models that measure individual student growth, rather than relying solely on absolute levels of proficiency. Charter proponents also want more flexibility in the demands for highly qualified teachers, which they say often don’t fit with the innovative approaches in charters.

Charter Checklist

The National Alliance for Public Charter Schools has put forth ideas for reauthorizing the federal No Child Left Behind Act.

REDESIGN THE CHARTER SCHOOLS PROGRAM:
• Give priority in the competitive-grant process to helping create high-quality charters in communities with many schools “in need of improvement” under NCLB.
• Provide incentives for states to ensure quality charters, create and support non-district authorizers, finance charters equitably, and remove charter caps.
• Allow funds to go not just to schools, but also to nonprofit organizations that support charter schools.
• Allow charter-support organizations to partner or compete with state education agencies to administer the program in a given state.
• Widen support for the expansion and replication of successful charter models.

RESTRUCTURING:
• Eliminate the “other” option from the law’s list of consequences for schools facing restructuring.
• Require that charters created in response to NCLB restructuring have full autonomy over budget, personnel, and other matters.
• State-mandated caps on charter school growth should not apply to restructured schools.

AYP AND ‘HIGHLY QUALIFIED’ TEACHERS:
• Encourage states to use a student-level growth model that is scientifically valid in addition to absolute proficiency levels to measure adequate yearly progress.
• Provide broader latitude to states in defining teacher quality, including allowing states to define which subjects are considered “core.”
• Allow states to focus on teacher “effectiveness” instead of the current “input-based means” of determining highly qualified teachers.

SOURCE: National Alliance for Public Charter Schools

The National Alliance for Public Charter Schools outlined its proposed NCLB changes last month. The Washington-based research and advocacy group wants a larger role for charters under the law, arguing that many of the schools show strong results with disadvantaged students.

“We ought to see chartering as a primary vehicle for accomplishing the goals of NCLB, especially in creating strong, new schools,” said Nelson Smith, the alliance’s executive director.

One idea, he said, is to give priority in the Charter Schools Program to start-ups in communities with many schools identified for improvement under the law. Another is to increase the amount of money for that program and the law’s charter-facilities programs. Funding for those programs has stayed flat for several years.

One-upping the Bush plan on state charter caps, Mr. Smith said the federal law should pre-empt caps for any community that lacks adequate transfer options for students in schools identified for improvement. Under the current law, if schools fail to make AYP for two or more years, their students may transfer to other public schools. About half the states have charter caps, the alliance says.

Some analysts say the NCLB transfer option is rarely exercised, in part, because families often have so few choices, particularly with many other nearby schools on the needs-improvement list, especially in cities.

“Charter schools obviously are one way to increase the public-school-choice capacity,” said Morgan Brown, who heads the Education Department’s innovation and improvement office.

On restructuring, beyond its plan to override charter caps, the Bush administration wants to tighten the NCLB law in ways that may lead more schools to pick the charter option.

A school in the NCLB restructuring phase, the law’s final sanction for poorly performing schools, must take one of five steps: reopen as a charter; replace all or most staff members; contract with a private management company to run the school; turn the operation over to the state; or undertake “any other major restructuring of the school’s governance arrangement that makes fundamental reforms.”

‘A Little More Aggressive’

Education Department officials say most schools choose the “other” option, and that the use of that route has mostly led to only minor changes. Eliminating that option, the administration suggests, could lead more schools to go the chartering route.

“It’s time to get a little more aggressive, a little more serious about the kinds of things we’re asking these schools to do,” Kerri L. Briggs, the department’s acting assistant secretary for elementary and secondary education, said at the charter conference.

Some experts caution that trying to turn around a failing school by reopening it as a charter is very hard and should not be entered into lightly. And charter advocates worry that districts may simply turn those schools into “faux” charters that change little and lack autonomy.

Critics say the Bush plan to tighten the restructuring reins would be a mistake.

“In a law that is overwhelmingly focused on process and compliance, they’re narrowing what it means to comply,” said David L. Shreve, an education expert at the Denver-based National Conference of State Legislatures.

Asked about restructuring and charter issues more generally, a spokesman for Rep. George Miller, D-Calif., who chairs the House Education and Labor Committee, said it was too soon to talk specifics.

“[Mr. Miller] is willing to listen and talk about these issues,” said spokesman Aaron Albright. “Generally, he supports the concept of charter schools,” the spokesman said, but added that academic results have been mixed at existing schools: “Some are doing an excellent job, while others are doing even worse than public schools in their area.”

A version of this article appeared in the April 18, 2007 edition of Education Week as Advocates Want Bigger Role for Charters Under NCLB

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar Navigating the Rapid Pace of Education Policy Change: Your Questions, Answered
Join this free webinar to gain an understanding of key education policy developments affecting K-12 schools.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion Federal Education Research Has Been 'Shredded.' What's Driving This?
How to understand why the Trump administration's axe fell so heavily on the Institute of Education Sciences.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal Opinion Here’s What the K-12 Field Thinks of the Trump Ed. Department
Educators discuss what the current administration’s changes to the U.S. Department of Education will mean for schools.
9 min read
US flag. Vector illustration with glitch effect
iStock/Getty Images
Federal Defending Ed. Dept. Cuts, Linda McMahon Says It's Time to 'Do Something Different'
Linda McMahon told ed-tech entrepreneurs she wants to cut bureaucracy but keep key federal funds flowing to schools.
8 min read
Secretary of Education Linda McMahon speaks at the ASU + GSV Summit at the Grand Hyatt in downtown San Diego, Calif., on April 8, 2025.
Secretary of Education Linda McMahon speaks at the ASU+GSV Summit at the Grand Hyatt in downtown San Diego on April 8, 2025. She defended recent cuts to the federal Education Department and said she hoped an expansion of school choice would be part of her legacy.
Ariana Drehsler for Education Week
Federal Trump Admin. Funding Cuts Could Hit Efforts to Restore School Libraries
The Institute of Museum and Library Services is one of seven small federal agencies targeted for closure in a recent executive order.
Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023.
Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023. The Trump administration's efforts to eliminate the Institute of Museum and Library Services, the largest source of federal support for libraries, is throwing a number of library programs—including efforts to grow the ranks of school librarians—into a state of uncertainty.
Hakim Wright Sr./AP