Thursday, May 10, 2012

Reflections on National Charter School’s Week; An Adventure in Advocacy in Washington DC



Reflections on National Charter School’s Week;
An Adventure in Advocacy in Washington DC

“You are here because you embody the innovation and success of the Schools of Choice movement. You are social entrepreneurs meeting the needs of your community and you represent the best that charter schools have to offer our children.” It was with this rousing welcome that Ursula Wright, the interim president and CEO for the National Alliance for Public Charter Schools, welcomed 90 educational leaders from around the country at the Washington Marriot on Monday night.

The National Alliance for Public Charter Schools had assembled this group as part of National Charter Schools Week. After battling my way across the country, navigating throngs of angry air travelers and cranky shuttle drivers, I was ready to get down to business. 

We began with a welcome dinner hosted by NAPCS where we heard from key leaders within the charter school movement. Anna Nicotera, Director of Research and Evaluation for the National Alliance for Public Charter Schools described our strategy for efforts on Capitol Hill followed by an address from Stefan Huh, Director of the US Department of Education’s Office of Innovation and Improvement. Taishya Adams, NAPCS Director of State Services, Angela Christophe, NAPCS Director of Programs, Lisa Grover, NAPCS Senior Director of State Advocacy and long-time DC lobbyist Claude [Vick?] ran us through a mini-training on making the most out of our time with members of Congress and their staff. We then played an all-group game of Jeopardy where we were quizzed on the facts, figures and talking points we just trained on and I’m happy to say that the Colorado contingent (myself and Vinny), along with support from our friends in Alaska and Wyoming delegations, won the game and earned ourselves gift cards and instant credibility amongst all in attendance! With meeting agendas distributed and additional evening prep-homework assigned, I settled back into my hotel room to memorize the schedule and get a solid grasp on the issues I would be advocating for the following day.

An early wake-up call did not correlate well with my still mountain-standard time body and brain. A quick breakfast with the National Alliance team served as an impromptu pep-rally before we were transported to the hill with a full schedule of meetings. Washington DC is an amazing place. We were there for the tail end of the spring cherry blossoms and there existed only a hint of the humidity that will all to soon engulf the District in the oppressive doldrums of summer. Although I’ve been to our nation’s capital before, the sights, sounds and stimuli of DC always overwhelm me. Monuments, museums and a subtle want to join the crowds of patriots touring the sights threatened to derail my mindset but I knew I was called here for a specific mission. And once we were through Capitol security, the action was on!

The Colorado Team: Ackerman and Badolato
I was teamed up with Vinny Badolato, the Colorado League of Charter School’s VP of Public Affairs. It was a difficult time for Vinny to be away from our state capitol with the current legislative session only 72 hrs. away from being complete. (This was before the Governor had decided to call a special session)  Interestingly enough, Badolato has orchestrated quite the winning streak for Colorado charters in our state’s legislature this year and I was excited to join him on a victory lap as he intended to update our state’s Congressional membership on recent wins back in Denver. Our first meeting of the morning was with Representative Scott Tipton, who interestingly enough, is facing a tough re-election fight this fall against Democratic challenger Sal Pace.  We met with Jeff Small, the Congressman’s legislative assistant and due to an office packed with special interest lobbyists, we moved our conversation into the hall of the Cannon House Office Building. Witnessing  so much important business happening in these historic passageways, I frequently pondered that old cliché “If these walls could talk…”

After meeting with Tipton, it was on to lunch with Jim Griffin, President of the CLCS and with the League’s Senior Attorney, Jessica Johnson. Jim Griffin is a true rock-star within both Colorado’s and the nation’s charter school movement and getting a few minutes of time with the man who single handedly shaped our state’s statute always proves invaluable. Interestingly enough, Tuesday was the day where the NAPCS announced that Griffin was to be inducted into the Charter School Hall of Fame this summer at the national conference! Post-lunch, we headed over to the Russell Senate Building for a meeting with Senator Michael Bennet’s top Legislative Assistant, Joy Silvern.  Silvern was hours away from transitioning off of Bennet’s team and she promised to relay our talking points to the Senator. It was great to see pictures of Senator Bennet, meeting with students at AHS, scrolling across the flat screen in the waiting area of his office. I continue to appreciate all the great things the Senator does on behalf of or nation’s public education system and if Obama finds himself in a second term, the talk on the hill is that Michael Bennet would be an excellent (and obvious) choice for the President’s new Secretary of Education.

We headed back over to the Cannon building where things really started heating up. Our next meeting was with Congressman Polis and his team. Vinny has worked closely with the Congressman and his staff and actually sits on the board of the New America Schools, a collection of charter schools that Jared Polis founded in 2004.  I had heard that Jared Polis was like no other member of congress and the stories of his fierce loyalty to public school children, quirky personality and political victories in Colorado are the stuff of legislative legend. Our time with Representative Polis lived up to all of my expectations and more!

Arriving in the Congressman’s office, we were told that he was triple booked; scheduled for a House Finance Committee vote, another meeting where he was working with other members on new legislation and some time with us. And in keeping with all of the energetic tales I have heard, he wasn’t about to cancel any of these appointments. Shuffled down through the many tunnels that connect all of the House and Senate buildings on the hill, we arrived at committee chambers in the Rayburn building. As we waited for Polis’s chief aide, Scott Groginsky to be alerted to our arrival, I stared at the large oak doors separating us from the nation’s financial business being carried out by top House leadership. To our amusement, the necessity of a vote was currently occupying all of the congressman’s attention. 
However, none of us knew that Polis was missing from the meeting behind the doors so imagine our surprise when he came running down the hallway with Scott in tow, throwing Vinny a high five and me a thumbs up! Disappearing into the session, Vinny told me that this was a common strategy for Jared, having met with him on his last DC trip in the coatroom of  the House floor when Polis found a quick break in the action. Scott emerged from inside the finance chambers and immediately picked up with Vinny like it was old times.

The conversation moved so quickly as Badolato took the lead in explaining an hours worth of substance in only minutes. Representative Polis emerged from the meeting only to find the group he was meeting with upstairs was now disbanding and as they made their way down the hallway, he diverted his trajectory from us and launched into a mobile meeting with these political contacts. Scott dashed back into chambers only to emerge and question us as to where the congressman had gone? I pointed down the hall and said “that way” as he looked at his staff and non-verbally commanded them into tracking mode. Watching this unfold I can only assume that this type of action happens all the time for the Polis team.


“Of the 535 members in Congress, no other member has done more to advance the Charter School cause than Jared Polis.” Vinny had prepped me that morning. The recipient of 2010’s Charter Champion award, as selected by the National Alliance, lived up to the hype in every way. He circled back with staff, submitted his vote in the Finance Committee meeting and immediately returned to meet with us in the hallway. “Animas High is doing some really neat things” he said as Scott and the Congressman recalled highlights from our school’s profile. “I’d love for you to visit us in Durango” I said. “Next time your down in our part of the state, I’d love to show you what progressive, rural education looks like.” Our time with Representative Polis passed with a flurry of conversation, hasty math related to charter funding and him offering us his sincere appreciation for our efforts. Shaking my hand one final time he said, “keep up the good work in Durango Michael!”  I smiled “Keep it real in  Washington for us Congressman!” With a wink and  a nod he was off, moving on to more meetings, more dialogue, more great work as Scott and a gaggle of aides briskly tried to keep up.

Congressman Jared Polis, 2010 Charter Champion
Our time with Polis marked the end of our officially established meetings but we planned on one more, un-scheduled stop. Scott Groginsky had sent word to Representative Cory Gardner’s office that some important folks were in from Colorado and he’d appreciate either the Congressman or his staff taking some time to meet with us. Arriving at the Representative’s office, we were met by Juliet Kroll, Legislative Assistant to Gardner.  

As we launched into our fourth round of talking points, the Congressman from Colorado’s 4th District emerged from his office and immediately came over to greet us. We each had a minute to explain who we were, what we do and why we were meeting with him and his staff today. He was receptive, gracious and very busy. Not only did we get to thoroughly review our agenda with Juliet, she inquired as to how successful we thought our day on the hill had been? “Today's been incredibly successful!” Vinny replied. Ending the final meeting in Gardner’s office, I couldn’t help but share Badolato’s sentiments completely.

But our day was not over. It actually was only the end to member meetings as we still had the Annual Charter Champions reception to attend back in the Capitol building. Clearing security for the final time of the day, we were ushered through the ornate, marble halls flanking the rotunda. “Look right there” Vinny said excitedly. “Do you recognize that spot?” It was a small, unlit foyer on top of the back entrance to the building. Beyond the foyer I looked out the glass doors and had an expansive view of the Washington Mall. “This is where the president waits before emerging to the nation on inauguration day.” Vinny said. I smiled, if only these walls could talk…

Finally we arrived in the heart of the Capitol for the evening reception and as usual, things started off quickly. We met and heard from Minnesota Congressman John Kline, head of the House Education and Workforce Committee. After spending about 20 minutes with the group, the Congressman dashed out and Ursula Wright from the National Alliance went on to present this year’s Charter Champion awards. Two members of Congress, a state Senator from North Carolina and a State Rep from Virginia were all honored with Champion awards. Following the presentation, the group heard from Ember Reichgott Junge, a Minnesota state senator who in the early 1990s was the chief sponsor of the nation's first charter school law. Her new book, Zero Chance of Passage: The Pioneering Charter School Story, is set to be released in conjunction with the National Charter School’s annual conference this June in Minnesota. As Junge spoke about the creation and early years of the movement, she repeatedly employed the metaphor of “Pioneers in Education.” This resonated with me as this is the re-frame we always use with AHS’s class of 2013. Whenever I hear students talking as if they are “guinea pigs” I try to point out that what they’ve done at Animas High is akin to being a pioneer in the great days of westward expansion. “Pioneers are who history remembers” I often remind the Juniors. “Yes, but don’t pioneers usually end up trapped in a snowstorm, eating each other or face-down in a field with an arrow in their back?” the students like to retort. Well, at least they’re thinking the metaphor through…

One of the best moments of the entire trip took place following the formal presentations. The keynote speaker, Ember Junge came up to me and said “I hear you are the Head of School from Durango” Taken aback, I introduced myself and to my surprise, Ember knew all about Animas High School. She had met one of our founding parents on a trip to Southwest Colorado years earlier and had been watching our progress online. “It sounds like some very neat things are happening at your school.” Handing her my card, I responded, “Absolutely, and we’d love to have you join us in Durango next time you are through.” Mrs. Junge replied that she definitely would make it a point of visiting us and thanked me for my efforts within the movement. It was hard not to feel like a rock-star myself.


Animas High's Head of School Michael Ackerman
After a day full of meetings, networking and shamelessly promoting Animas High and the state, I was worked. I headed back to the hotel, packed my stuff and got ready to leave for the airport at 4 AM. As I write this, I’m 30,000 feet above our nation’s heartland, flying back to Colorado impressed and inspired by my time in DC. As I digest this whirlwind effort, I know that the energy and dialogue on the hill will pay off huge for AHS! We’ve got many more plans for keeping all the great things happening at AHS in the public eye and we should expect some special visitors to campus over the next few months. 

Email appreciations from the around the state, the local community and from our students and their families have flooded my inbox expressing to me how thankful folks are for these recent efforts. Although I’m flattered and humbled by these warm words of support and encouragement, the honor to serve such amazing young adults, such talented staff and such an incredible state is truly one I should be thanking all of you for. It’s been an incredible experience and I look forward to working even harder to advance the tremendous work that both Animas High School and Charters around the country continue to do.

Below, please find a summary of the issues we were meeting with Congressional membership about:

Issue # 1- FEDERAL CHARTER SCHOOL PROGRAMS ELEMENTARY AND SECONDARY EDUCATION ACT REAUTHORIZATION SUMMARY

The National Alliance for Public Charter Schools supports the following priorities in a reauthorized Elementary and Secondary Education Act (ESEA). Particularly, within ESEA there are three programs that help public charter schools grow and overcome state and local inequities. Our recommendations for the policy changes to the three programs—the Public Charter Schools Program, the State Facilities Incentive Grants and the Credit Enhancement for Public Charter Schools program—are aimed to dramatically amplify and reflect where we are as a movement almost 10 years after its last authorization.

This legislation will:

·   •  Enable local education agencies, state education agencies, authorized public chartering agencies and non‐profit organizations to compete directly for administering funds.

·   •  Prioritize eligible entities that plan to open public charter schools in areas with large numbers of low‐income students attending schools not making adequate yearly progress.

·   •  Prioritize states that implement policies that encourage successful charter schools including:
o No caps on the growth of public charter schools;
 o Ensure autonomy for charter schools;
o Have strong authorizing policies that focus on quality; and
o Adhere to performance‐based accountability.

·   •  Require new levels of charter school authorizer reporting and accountability including:
   o Authorize competitive grants directed toward improving authorizer practices.

·   •  Allow eligible entities to use 20 percent of their grants to establish a reserve account and keep any interest earned on those funds for charter school development or improving policies and practices.

·   •  Allow schools to use the funds for a variety of costs including:
o Hiring additional staff and teachers; Developing Special education programs;
          and Assistance with facilities acquisition, development and improvement.

·   •  Authorize competitive grants focused on replicating and expanding the most successful public charter schools across the country.

·   •  Place a new focus on dissemination of best practices and results at the national level.

·      Update the federal definition of “charter school” to include additional quality measures as well as including programs of pre‐K and adult education.




Issue #2- FEDERAL CHARTER SCHOOL PROGRAMS

There are three federal programs that support public charter schools: the Charter Schools Program; the State Charter School Facilities Incentive Grant Program; and the Credit Enhancement for Charter School Facilities Program.

Charter Schools Program
Created in 1994, the Charter Schools Program (CSP) provides financial assistance to help cover charter school start‐up costs. Through a competitive process, the U.S. Department of Education (DOE) awards grants to state education agencies (SEAs). In turn, SEAs make sub‐grants to charter schools. If an SEA doesn’t apply for funding or if its application for funding is not approved, the DOE can make grants directly to charter school developers.
Since its creation, the CSP has received almost $3 billion in funding. The CSP has been a tremendous success, helping create more than 4,900 public charter schools serving more than 1.6 million students in 40 states and the District of Columbia.

State Charter School Facilities Incentive Grant Program
Created via the No Child Left Behind Act, the State Charter School Facilities Incentive Grant Program provides federal funds on a competitive basis to states to help cover charter school facility costs. The program is intended to encourage states to develop and expand per-pupil facilities aid programs and to share in the costs associated with charter schools facilities funding.
Over the past seven years, the program has received over $100 million in funding and has leveraged over $1 billion dollars on the behalf of charter schools, serving over 472 schools (as of 2008). With those funds, it has made grants to five jurisdictions via two grant competitions: California, the District of Columbia, Minnesota, and Utah and then California and Indiana.

Credit Enhancement for Charter School Facilities Program
The Credit Enhancement for Charter School Facilities Program provides grants on a competitive basis to public and nonprofit entities that enhance the ability of public charter schools to raise private capital to acquire, construct, renovate, or lease academic facilities. On behalf of charter schools, grantees use the monies to guarantee loans, reduce interest rates, and encourage other lenders to participate in charter facilities lending.
Since 2002, the program has received over $221 million in funding helping over 335 charter schools finance facilities. It has done an exceptional job of using those funds to leverage private investment in charter facilities. In fact, more than $9 private sector dollars have been raised for every $1 dollar in federal funds.

Issue # 3- PROTECTING CHARTER SCHOOL RETIREMENT FUNDS

Understanding the Threat
NAPCS has been the leading voice in the effort to amend the Internal Revenue Service’s Advanced Notice of Proposed Rulemaking (ANPRM) titled “Determination of Government Plan Status.” Released on November 8, 2011, this draft proposed regulation, if adopted as currently drafted, would lead states to prohibit charter school employees from participating in state retirement plans. Presently, every single state that authorizes charter schools either requires or permits charter school participation in the state’s retirement system. Therefore, this regulation would negatively impact nearly all charter school employees in the country.

We persist in our efforts to educate law‐ and policy‐makers on this issue, and we are committed to mobilizing our sector and our supporters. The public comment period, originally set to expire on February 6th, has been extended and now will close on June 18th. Additionally, the IRS will convene a public hearing in Washington D.C. on July 9th. Anyone can submit a request to testify on July 9th; click here (http://www.regulations.gov/#!submitComment;D=IRS‐2011‐0039‐0001) to submit a public comment in which you can ask for an opportunity to be heard. (Note: submitting a request to testify does not guarantee that you will be chosen to testify.)

The Sector and Its Supporters Voice Opposition

To date,
             NAPCS has filed public comment (include link to our letter), signed by 34 city‐ and state‐level charter support organizations across the country;
Chairman John Kline, House Committee on Education and the Workforce, and Chairman Duncan Hunter, House Subcommittee on Early Childhood, Elementary and Secondary Education, have submitted a letter in support to IRS Commissioner Shulman (include link);
             Senate Republicans have submitted a letter in support to IRS Commissioner Shulman (include link);
             A 17‐member coalition of House Members has sent a bipartisan letter in support to IRS Commissioner Shulman;
             The Council of Chief State School Officers (CCSSO), a national organization that represents state superintendents of education across the country, has submitted comments in support; and,
In February, more than 8,300 individuals voiced opposition to the IRS’s draft proposed regulations. More than 43,000 emails were sent to Congress, Secretary Geithner, Secretary Duncan and IRS Commissioner Shulman!Moving Forward

Between now and the July 9th public hearing, we will update our webpage devoted to this issue to spotlight the latest developments—including media coverage, public statements made by lawmakers, position statements issued by our supporters, white papers, and data.
It is imperative that the final regulations be amended to protect public charter school employees and allow public charter schools to continue to recruit and retain veteran public school employees. Failure to do so will risk the retirement security of charter school employees, interfere with charter schools’ ability to reach their educational goals, undermine both state and federal education policy and reform initiatives, and subject some states to potential liability. We urge the Internal Revenue Service to clarify the draft proposed regulations such that public charter schools will be treated as agencies or instrumentalities of the state under Section 414(d) of the Internal Revenue Code.