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Wednesday, July 1, 2020

PA Ed Policy Roundup for July 1, 2020: Charters deny “cherry-picking” students, but data show special ed disparities


Started in November 2010, daily postings from the Keystone State Education Coalition now reach more than 4050 Pennsylvania education policymakers – school directors, administrators, legislators, legislative and congressional staffers, Governor's staff, current/former PA Secretaries of Education, superintendents, school solicitors, principals, charter school leaders, PTO/PTA officers, parent advocates, teacher leaders, business leaders, faith-based organizations, labor organizations, education professors, members of the press and a broad array of P-16 regulatory agencies, professional associations and education advocacy organizations via emails, website, Facebook, Twitter, Instagram and LinkedIn.

These daily emails are archived and searchable at http://keystonestateeducationcoalition.org
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PA Ed Policy Roundup for July 1, 2020
Charters deny “cherry-picking” students, but data show special ed disparities


Next week we plan to begin posting 2018-2019 cyber charter tuition by legislator and school district; it appears that taxpayers spent over $600 million on chronically underperforming cyber charters last year.

There are a few postings today regarding yesterday’s Supreme Court ruling that may give religious schools more access to state tax dollars.
We plan to post DCED 2018-2019 EITC/OSTC info showing diverted tax dollars that were paid to private and religious schools last year. It appears that over $160 million was spent via the EITC program and over $54.7 million via OSTC. There are no fiscal or student performance reporting requirements for these funds.

Just a heads-up that the Ed Policy Roundup will be offline from Friday through Monday. Have a safe and happy Fourth of July weekend.


Tweets from yesterday:
#WhitehallCoplay SD board of school directors becomes the 272nd locally elected Pennsylvania school board submitting a resolution calling for charter school funding reform. Has your district? @SenLisaBoscola @RepMcNeill #RepZacharyMako

@ShadeCCSD board of school directors becomes the 271st locally elected Pennsylvania school board submitting a resolution calling for charter school funding reform. Has your district? @SenatorStefano @RepMetzgar

“This is like a doctor getting reimbursed for stitching up a small cut at the same rate that they’re paid for major surgery,” and then pocketing the profits, said Frank Gallagher, superintendent of the Souderton Area School District.”
With new report, advocates seek fresh leverage in long-running battle over special ed payments to charters
The notebook by Bill Hangley Jr. June 30 — 10:30 pm, 2020
Pennsylvania’s charter schools are “gaming the system” to maximize special education payments, and then using the money to subsidize their regular operations, costing Pennsylvania taxpayers millions, according to a new study by the advocate group, Education Voters of PA. “This report presents evidence of systemic cherry picking by charter schools of students with low-cost disabilities,” said Susan Spicka, executive director of Education Voters of PA. “It exposes fundamental flaws in the state’s funding formula that drive enrollment practices at charter schools and limit options for many students with disabilities.” By forcing districts to pay charters a flat fee for all special ed students regardless of their needs, the report finds, Pennsylvania policy creates incentives for charters to over-enroll students needing low-cost services, and drive the harder-to-serve students back into district-run schools. Fixing the enrollment imbalance could save Pennsylvania taxpayers as much as $100 million a year, the report found. “This is like a doctor getting reimbursed for stitching up a small cut at the same rate that they’re paid for major surgery,” and then pocketing the profits, said Frank Gallagher, superintendent of the Souderton Area School District. Charter operators and advocates don’t deny that charters subsidize day-to-day operations with special-ed payments, but the sector has long defended the practice, saying that charters need the cash.

EdVoters Report: FIXING THE FLAWS IN PA’S SPECIAL EDUCATION FUNDING SYSTEM FOR CHARTER SCHOOLS
Education Voters PA Report June 30, 2020
Special education for school districts is funded using the Special Education Funding Formula (SEFF) that was enacted in 2014 by the Pennsylvania legislature’s Special Education Funding Commission. This formula bases state funding payments to school districts on the ACTUAL COSTS OF THE SERVICES provided to students with disabilities & applies to all new state funding.  Against the recommendation of the Special Education Funding Commission, the Pennsylvania legislature exempted charter schools from this formula. Charter schools continue to be funded using a “one-size-fits-all” formula that pays the SAME TUITION PER STUDENT REGARDLESS OF STUDENT NEED for each student from a school district.  This decision – to use two separate funding systems – has BROAD IMPLICATIONS for families, students, and taxpayers.  The SEFF was intended to better meet the needs of students and schools than a “one-size-fits-all” approach by more accurately distributing state funding based on the actual costs of providing special education and related services to students with varying needs.
Read the Executive Summary:
Read the Full Report:

Reopening schools, and keeping them open, won't be easy, officials tell Sturla, House Democrats
Lancaster Online by ALEX GELI | Staff Writer July 1, 2020
By the time the next school year rolls around, Pennsylvania students will have been away from physical classrooms for more than 25 weeks. Whether students return at that point will be up to an unpredictable virus that has surged in parts of the state and country in recent weeks, raising concerns about reopening too early. “If we turn into Texas by September, we might not be reopening schools at all,” Democratic state Rep. Mike Sturla of Lancaster said Tuesday during a House Democratic Policy Committee hearing on reopening schools. Sturla, who chairs the committee, and his fellow Democrats questioned state school officials during the semi-virtual hearing about how Pennsylvania schools can reopen safely and responsibly. Matthew Stem, the state’s deputy secretary of elementary and secondary education, said after an unprecedented 2019-20 school year, the goal this summer is for schools to create health and safety plans so in-person instruction can resume. “Now we need to direct our energy to how to resume instruction safely,” Stem said. Much of Tuesday’s discussion revolved around a report, conducted by the Regional Educational Laboratories Mid-Atlantic for the state Department of Education and released last week, that outlined ways to mitigate the spread of COVID-19 in schools.

Back to the classroom: Not all career education can take place virtually
The federal government and states should devote resources to make sure trade and career education can adapt to challenging times
THE EDITORIAL BOARD Pittsburgh Post-Gazette JUN 30, 2020
The coronavirus stalled education from kindergarten through graduate school when governments and school leaders took strong measures to stem the spread of the coronavirus. While some education can take place at home and online, schools ultimately need students in the classroom, with proper protective measures to protect students, teachers and families. In no field will that return be more complicated than in technical and trade schools. It’s essential that millions of students looking for career training can pursue their dreams by learning auto repair, health care certification, welding, cosmetology, massage therapy or the many other careers that require hands-on training. With the coronavirus a long-term threat, trade and technical schools must create plans to get students back in school and get the training they need — and plan to integrate off-campus learning into classes more than the current makeshift efforts currently available.

State College School District finalizing fall plans, including in-school classes, summer workouts
Superintendent Bob O’Donnell said parents and students will choose between in-person classes or online instruction through the Virtual Academy.
WITF by Anne Danahy/WPSU  JULY 1, 2020 | 5:16 AM
(State College) — As the COVID-19 pandemic continues, families in the State College Area School District will decide whether to send their children to school in person or have them learn online at home. Like other school districts in Pennsylvania, State College is planning how it will teach students when the new school year begins in the fall. The board reviewed those plans during a meeting Monday night. In a letter to families, Superintendent Bob O’Donnell said parents and students will choose between in-person classes or online instruction through the Virtual Academy. Secondary students who opt for in-person learning will go to school every other day. They’ll have classwork to do from home. In-person elementary classes will take place every day. The district is finalizing its health and safety plan, which it has to submit to the state. That includes steps for cleaning the schools and making sure students and staff wear masks and maintain social distancing in school. The school district is also looking at allowing the athletics department to offer optional summer workouts for student athletes. The board is scheduled to vote on the Health and Safety Plan July 6. Parents and guardians may submit questions and feedback to the district online through the end of the day Tuesday.

Removing police presence from schools would cause more harm than good, officers say
MIKE PESARCHICK Pittsburgh Post-Gazette JUN 30, 2020 11:58 AM
As protests of police brutality continue across the country, some organizations have begun to call for school districts to remove police officers from schools, but area school officers and school resource officers (SROs) believe that this would cause more harm than good. “I don’t think they understand what the role of the school officer is,” said Officer Aaron Vanatta of the Quaker Valley School Police. He led about 40 other area school police officers at a National Association of School Resource Officers (NASRO) training session at the Chartiers Valley Intermediate School in Scott on Monday. All school officers and SROs are required by Pennsylvania law to take the 40-hour training seminar that includes sessions on ethics and developing relationships with increasingly diverse student populations. Mr. Vanatta said an often-overlooked role of a school officer is establishing a positive relationship between local police and young schoolchildren. “If there is no officer in school, their only experience [with police] might be a negative one,” he said.

Greater Latrobe OKs 2% tax hike, realigns administrators
Trib Live by JEFF HIMLER   | Wednesday, July 1, 2020 12:03 a.m.
Property owners in the Greater Latrobe School District will see a 2% hike in real estate taxes for the coming school year as the district balances a $57 million budget in the face of revenues that have taken a hit during the covid-19 pandemic. The school board on Tuesday approved a 1.75-mill tax increase, to 84 mills, while also passing the final 2020-21 spending plan. The increase will add $47 to the average homeowner’s tax bill. The district’s goal was not to raise taxes, according to business administrator Dan Watson. “When we started seeing the impact that covid-19 was having on all of our (tax) collections, unfortunately, we had to make a tough decision,” he said. Greater Latrobe is projecting a 4% loss in local revenue for the coming year, totaling more than $1.3 million, as a result of the pandemic’s effect on the economy. Regular state subsidies for the district are expected to increase by just $220,000 , but Watson suggested tapping $230,000 in federal covid-19 stimulus funds and dipping into the district fund balance for about $310,000 to help cover the revenue shortfall.

No tax increase, program cuts included in Plum School District’s 2020-21 budget
Trib Live by MICHAEL DIVITTORIO   | Tuesday, June 30, 2020 11:51 p.m.
Plum property owners will not have to pay more in real estate taxes, and all student programs remain in place as part of the school district’s 2020-21 budget. School directors unanimously approved next school year’s spending plan Tuesday night. Projected revenues were listed at about $63.44 million and expenses at about $65.29 million. The gap will be filled by pulling about $1.8 million from a projected $6.5 million reserve fund. “We as a board thought it was important, given the pandemic, that we not hit the community with the added expense of a tax increase,” said Amy Wetmore, school board member and fiance committee liaison. She commended district Business Manager John Zahorchak with crafting the best plan for both students and taxpayers.

Allentown School Board narrowly passes budget with 4% tax hike
By JACQUELINE PALOCHKO and RINA TORCHINSKY THE MORNING CALL | JUN 30,
Allentown School directors approved a 2020-21 budget that raises taxes by 4%, though a portion of the board thinks the tax hike will burden families during the coronavirus pandemic. In a 5-4 vote Thursday night, the board passed a $350 million budget for 2020-21 that will raise taxes by $104 yearly for the average taxpayer with a house assessed at $108,800. The tax hike, along with budget cuts, gets rid of the $8 million deficit the district was facing, and gives the district $1.7 million in its fund balance, which is currently depleted.

Neshaminy board approves $187M final budget with 1.5% tax increase
Bucks County Courier Times By Chris English @CourierEnglish Posted Jun 30, 2020
The school district faces roughly $3.5 million to $5.5 million in reopening costs after schools have been closed since mid-March because of the coronavirus pandemic. Safely reopening Neshaminy schools after a six-month closure because of the coronavirus pandemic and summer vacation could cost the school district between $3.5 million and $5.5 million, new Superintendent Rob McGee said. He provided those figures, which he stressed were just rough estimates, soon after the school board approved a $187 million final budget for 2020-21 that includes a 1.5% property tax increase, or $69 for the average real estate owner in the district. “Costs are very fluid at the moment as September needs are unclear as we plan for multiple (reopening) scenarios,” McGee said. Those scenarios include a full return to classrooms, continuation of at-home learning or a combination of both, he added. Potential costs for gearing up education again for district students and staff include $1 million to $2 million for additional transportation expenses, including extra bus routes to maintain social distancing on each route; $2 million to $3 million for a full online learning environment; and $500,000 for additional student and staff hardware, and safety, cleaning and associated labor costs.

Court rules in favor of Schuylkill Co. cheerleader, saying school can’t restrict student off-campus speech
By CHRISTINE SCHIAVO THE MORNING CALL | JUN 30, 2020 AT 8:19 PM
A high school cheerleader can’t be punished for posting an expletive-laced message on social media, a federal appeals court in Philadelphia ruled Tuesday in what the American Civil Liberties Union called “the most expansive ruling on students’ off-campus speech rights in the country.” Mahanoy Area School District in Schuylkill County violated a student’s First Amendment right to free speech when it removed her from the cheerleading squad for using expletives on Snapchat to describe her frustration over not making the varsity squad. The ACLU argued the case for the student, who was in 10th grade when she filed the lawsuit in 2017. “This is an important decision because it recognizes that students who are outside of school enjoy full free speech rights, not the diluted rights they have inside the schoolhouse,” Witold Walczak, legal director of the ACLU of Pennsylvania, said in a news release.

'Leftist lie': Attorneys say Northeastern principal will tell his side
Lindsay C VanAsdalan York Dispatch June 30, 2020
A hearing for Northeastern principal Scott D'Orazio, accused of denigrating the Black Lives Matter movement, will be open to the public, the district's solicitor confirmed. And, according to D'Orazio's attorneys, he's ready to tell his side of the story. D'Orazio allegedly posted a video to his private Facebook page calling the movement a "leftist lie," which was reposted by a group on Twitter in early June and caused Northeastern Superintendent Stacey Sidle to later call for his firing. D’Orazio is represented by attorneys George Margetas and Edward Paskey. Margetas is also a member of the West York Area school board. In a joint statement Tuesday afternoon, Margetas and Paskey said the upcoming hearing would be in-person and not over Zoom. "The decision makers and Northeastern community deserve to hear from Scott. Since the very outset, Scott has been forbidden by the district to speak to the media about the allegations against him.

Why a Pediatric Group Is Pushing to Reopen Schools This Fall
Guidelines from the American Academy of Pediatrics encourage “having students physically present in school.” Dr. Sean O’Leary, an author of that advice, explains why.
New York Times By Dana Goldstein June 30, 2020
The American Academy of Pediatrics has a reputation as conservative and cautious, which is what you would expect from an organization devoted to protecting children’s health. But this week, the academy made a splash with advice about reopening schools that appears to be somewhat at odds with what administrators are hearing from some federal and state health officials. The Centers for Disease Control and Prevention, for example, have advised that remote learning is the safest option. But the academy’s guidelines strongly recommend that students be “physically present in school” as much as possible, and emphasize that there are major health, social and educational risks to keeping children at home. Dr. Sean O’Leary, a pediatrics infectious disease specialist at the University of Colorado Anschutz Medical Campus, helped write the academy’s guidelines. He is a father of two children, 12 and 16, and a survivor of Covid-19 who is still experiencing some symptoms after he and his wife contracted the coronavirus in March. “I absolutely take this seriously,” Dr. O’Leary said. “I’m still sick.” But he explained why the academy was emphasizing the need to get students back in classrooms.

Supreme Court Ruling Gives Religious Schools More Access to State Aid
Religious schools are not exempt from access to scholarships and funds intended for private schools, the justices ruled, in a victory for conservatives.
New York Times By Adam Liptak June 30, 2020Updated 12:12 p.m. ET
WASHINGTON — The Supreme Court ruled Tuesday that states must allow religious schools to participate in programs that provide scholarships to students attending private schools. The decision, a victory for conservatives, was the latest in a series of Supreme Court rulings that the free exercise of religion bars the government from treating religious groups differently from secular ones. It opens the door to more public funding of religious education. Chief Justice John G. Roberts Jr. wrote the majority opinion in the 5-to-4 ruling. The court’s four more liberal members dissented. “A state need not subsidize private education,” Chief Justice Roberts wrote. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.” The case involved a Montana program enacted in 2015 “to provide parental and student choice in education.” The program was financed by private contributions eligible for tax credits, and it provided scholarships to students in private schools.

Supreme Court lifts ban on state aid to religious schooling
AP News By MARK SHERMAN June 30, 2020
WASHINGTON (AP) — States can’t cut religious schools out of programs that send public money to private education, a divided Supreme Court ruled Tuesday. By a 5-4 vote with the conservatives in the majority, the justices upheld a Montana scholarship program that allows state tax credits for private schooling in which almost all the recipients attend religious schools. The Montana Supreme Court had struck down the K-12 private education scholarship program that was created by the Legislature in 2015 to make donors eligible for up to $150 in state tax credits. The state court had ruled that the tax credit violated the Montana constitution’s ban on state aid to religious schools. Chief Justice John Roberts wrote the opinion that said the state ruling itself ran afoul of the religious freedom, embodied in the U.S. Constitution, of parents who want the scholarships to help pay for their children’s private education. “A state need not subsidize private education. But once a state decides to do so, it cannot disqualify some private schools solely because they are religious,” Roberts wrote. In a dissent, Justice Sonia Sotomayor described the ruling as “perverse.”  Without any need or power to do so, the Court appears to require a State to reinstate a tax-credit program that the Constitution did not demand in the first place,” she said.

U.S. Supreme Court Rejects Prohibition on Tax-Credit Scholarships for Religious Schools
Education Week By Mark Walsh June 30, 2020
A sharply divided U.S. Supreme Court on Tuesday ruled that a Montana state constitutional provision barring aid to religious schools discriminated against those schools and families seeking to benefit from a state tax credit for scholarship donations. "Montana's no-aid provision bars religious schools from public benefits solely because of the religious character of the schools," Chief Justice John G. Roberts Jr. wrote for the court in a 5-4 decision. "The provision also bars parents who wish to send their children to a religious school from those same benefits, again solely because of the religious character of the school." The decision came in Espinoza v. Montana Department of Revenue (Case No. 18-1195), which involves a $150 state tax credit for contributions to funds that provide scholarships for students to attend private schools, including religious schools.  The chief justice’s opinion appeared to cast doubt on provisions in as many as 30 state constitutions that bar aid to religious schools. “A state need not subsidize private education,” Roberts wrote. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.” U.S. Secretary of Education Betsy DeVos, a longtime private school choice advocate who had attended the January arguments in the case, called the decision “a historic victory for America’s students.”

How the Supreme Court’s decision on religious schools just eroded the separation between church and state
Washington Post By  Valerie Strauss Reporter June 30, 2020 at 12:29 p.m. EDT
The Supreme Court ruled 5 to 4on Tuesday that a Montana tax incentive program that indirectly helps private religious schools is constitutional, a major victory for Education Secretary Betsy DeVos and her allies, who advocate for more public funding of religious institutions. As my Washington Post colleague Robert Barnes wrote, Chief Justice John G. Roberts Jr., who wrote for the conservative majority, said Montana’s Supreme Court had been wrong to strike down a tax incentive program that allowed public money to be used for religious education. The issue of whether public funds should be used to pay for religious school education has been increasingly central to the education reform debate for several decades as a growing number of states have started various programs — vouchers, tax credits and similar plans — that allow the use of public money for religious school tuition. School-choice supporters say that state laws prohibiting public money from being used for religious institutions is discriminatory, while opponents say that they protect the doctrine of “separation of church and state” that has been interpreted as the meaning of the establishment clause and free exercise clause of the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” DeVos has long been an advocate of using public funds for religious education, and she and President Trump have made expanding school “choice,” or alternatives to traditional public schools, their top education priority. In this post, Kevin Welner, an attorney and professor specializing in educational policy and law, writes about how this decision helps erode the doctrine of the separation of church and state.


PSBA seeking Allwein Society nominations
POSTED ON JUNE 29, 2020 IN PSBA NEWS
PSBA is accepting nominations for The Allwein Society, the association’s award program recognizing school directors who are outstanding leaders and advocates on behalf of public schools and students. This prestigious honor was created in 2011 in memory of Timothy M. Allwein, a former PSBA staff member who exemplified the integrity and commitment to advance political action for the benefit of public education. Learn more and submit your nomination online.

PSBA Fall Virtual Advocacy Day: OCT 8, 2020 • 8:00 AM - 5:00 PM
Sign up now for PSBA’s Virtual Advocacy Day this fall!
All public school leaders are invited to join us for our fall Virtual Advocacy Day on Thursday, October 8, 2020, via Zoom. We need all of you to help strengthen our advocacy impact. The day will center around contacting legislators to discuss critical issues affecting public education. Registrants will receive the meeting invitation with a link to our fall Virtual Advocacy Day website that contains talking points, a link to locate contact information for your legislator and additional information to help you have a successful day.
Cost: As a membership benefit, there is no cost to register.
Registration: School directors can register online now by logging in to myPSBA. If you have questions about Virtual Advocacy Day, or need additional information, contact Jamie.Zuvich@psba.org.

Apply Now for EPLC's 2020-2021 PA Education Policy Fellowship Program!
Applications are available now for the 2020-2021 Education Policy Fellowship Program
The Education Policy Fellowship Program is sponsored in Pennsylvania by The Education Policy and Leadership Center (EPLC).  The 2020-2021 Program will be conducted in briefer, more frequent, and mostly online sessions, due to the COVID-19 pandemic. The content will be substantially the same as the traditional Fellowship Program, with some changes necessitated by the new format and a desire to reduce costs to sponsors in these uncertain fiscal times.
The commitment of EPLC remains the same. The Fellowship Program will continue to be Pennsylvania's premier education policy leadership program for education, community, policy and advocacy leaders! The Fellowship Program begins with two 3-hour virtual sessions on September 17-18, and the Program ends with a graduation event in June 2021.
The application may be copied from the EPLC web site, but it must be submitted by mail or scanned and e-mailed, with the necessary signatures of applicant and sponsor.
If you would like to discuss any aspect of the Fellowship Program and its requirements, please contact EPLC Executive Director Ron Cowell at 412-298-4796 or COWELL@EPLC.ORG

Adopt the 2020 PSBA resolution for charter school funding reform
In this legislative session, PSBA has been leading the charge with the Senate, House of Representatives and the Governor’s Administration to push for positive charter reform. We’re now asking you to join the campaign: Adopt the resolution: We’re asking all school boards to adopt the 2020 resolution for charter school funding reform at your next board meeting and submit it to your legislators and to PSBA.

Over 270 PA school boards have adopted charter reform resolutions
Charter school funding reform continues to be a concern as over 270 school boards across the state have adopted a resolution calling for legislators to enact significant reforms to the Charter School Law to provide funding relief and ensure all schools are held to the same quality and ethics standards. Now more than ever, there is a growing momentum from school officials across the state to call for charter school funding reform. Legislators are hearing loud and clear that school districts need relief from the unfair funding system that results in school districts overpaying millions of dollars to charter schools.

Know Your Facts on Funding and Charter Performance. Then Call for Charter Change!
PSBA Charter Change Website:

The Network for Public Education Action Conference has been rescheduled to April 24-25, 2021 at the Philadelphia Doubletree Hotel


Any comments contained herein are my comments, alone, and do not necessarily reflect the opinions of any other person or organization that I may be affiliated with.


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