Absences for Family Events: Clarification

I recently received a parent complaint regarding unexcused absences. I hope the following excerpt from my response will help clarify North Pointe’s policy on the issue and make the public aware of the accountability schools have when it comes to student absences.

The state of Arizona has chosen to make student attendance a high-stakes issue for schools. Not only is school funding tied to attendance, but school and district ratings have also had a penalty for excessive student absences. Although our core belief is that parents have the right to chose when their children miss school, we are held responsible for all absences. Our attendance policies are a reflection of our accountability to the state of Arizona.

 In accordance with Arizona Revised Statute §15-802 and 15-803, Pointe excuses personal illness, doctor, dental or professional appointments that cannot be made outside school hours, and family emergencies. We understand the law also states Principals “may” give special consideration for other reasons. However, North Pointe’s principal does not believe it is possible to impartially and fairly make those determinations. He does not want the responsibility for determining which graduations, birthday parties, visits to relatives, or vacations are worthy of being excused and which are not (or how many days are necessary for a family event. For example: does an out of town graduation require two days or a full week?) Additionally, he is not comfortable being forced to make a determination that one student is more worthy of an excused absence than another student.

For these reasons, it is North Pointe’s practice not to excuse any absences related to family events or vacations. Since the law uses the term “may” rather than “shall” in granting principals authority to excuse absences and he is not discriminating against any student or group of students, I support his decision. In not granting an excused absence, he is not making a value judgment on the importance of the event or the value of a student.

Pointe Schools sincerely respects parents and affirms their authority to take their own children out of school for family events; however, North Pointe will consistently record these as unexcused absences unless/until the legislature chooses to further clarify which family events qualify for excused absence status or stops holding schools accountable for parent decisions.

Posted in District, North Pointe | Leave a comment

Update: Charter Employee State Retirement

This morning, I received the following letter from the Center for Education Reform. At first glance, it appears to be saying the concern over the proposed IRS regulations was unnecessary. Call me a skeptic, but I believe the public outcry caused a shift in the dialogue. I don’t believe the issue is over, but it looks like Charter Employees across the nation are not in immanent danger of losing their state retirement. Again, thank you to those of you who responded!  

 

Dear Charter School Leader:

In response to your dozens of calls and emails, I am writing with good news about a much-publicized issue regarding charter school teachers’ state retirement eligibility.

We spoke directly with Pamela Kinard, the lead IRS employee collecting and responding to the comments that are coming in. The IRS has spent the last 6 years preparing for the ADVANCED Notice of Proposed Rulemaking (ANPRM) on “Determination of Governmental Plan Status.”

Nothing in the regulations is directly aimed at charter schools. There is nothing that is becoming final this summer. In fact, because this is an ADVANCED NPRM, these are not even Proposed Regulations yet. They are an early draft of what is likely — in 1-2 years time — to be proposed by the IRS as proposed regulations in a Notice of Proposed Rule Making (NPRM) for additional further comment, hearings, and eventual publication in a final rule. It may be 2-3 or more years from now before a final set of regulations on this topic is finalized.

In the meantime, there will be multiple comment periods — like the one closing in now on June 18 — and multiple public hearings. The IRS has already loudly heard the concerns that there may be a charter school issue in these proposed regulations and reports that it was completely unanticipated. It is NOT true that charter schools will be automatically denied participation in state retirement plans in June and that it will be retroactive.

It is important to know that there is a current 5-factor test to determine whether an entity is eligible for being part of a government retirement plan. This ANPRM proposes for discussion — not for adoption — some changes to that five-factor test, modernizing it. It is YEARS away from final adoption. It is a tough test currently and likely would be a tough test in several years when the final regulations come out. That said, one of the factors currently in use is whether the state considers the participants in a retirement plan to be employees of the state — which is the case in the 42 states that require or permit charter teachers to participate in a state retirement plan. That would be strongly counted in charter schools’ favor, it would seem. The IRS is not proposing or thinking of proposing a blanket rule aimed at charter schools and denying them state retirement plan participation.

When it comes to the governmental regulations process, the very name “Advanced NPRM” is a tip off that nothing final or even close to final is being proposed. The rumor about retroactivity and a June implementation date is just that, and there is no credibility to the notion that a complicated multi-factor test that is intended to be applied case-by-case will be applied categorically for a specific class of entities (like charter schools).

We hope this helps you be able to allay concerns among your teachers and your colleagues in the charter movement so you can go back to the most important work at hand — education our kids.

Thank you for your concern. We will keep you informed as we learn additional information.

Best Regards,

Jeanne Allen, President
Charles Hokanson, Executive Vice President
Alison Consoletti, Vice President for Research

CER, since 1993, is the leading voice and advocate for lasting, substantive and structural education reform in the U.S. Additional information about the Center and its activities can be found at www.edreform.com.

Posted in District | Leave a comment

UPDATE: Charter Teachers’ Retirement Benefits

The Arizona Charter Association (ACA) announced this morning that the U.S. Department of Treasury extended the public comment period for the proposed regulation prohibiting charter employees from participating in state retirement systems to June 18th, 2012.  The proposed change would affect about 83,000 charter employees across the country. The Treasury Department has said it will hold a public hearing on the proposed change in July.

The ACA also reported that in the past 8 days, 1,000 people have sent nearly 5,200 emails to the Treasury Department, Secretary of Education Arne Duncan and their respective Members of Congress to say they opposed this proposed rule. Our charter Association has been working with the media to make sure the public is informed about the issue. So far, there have been 10 stories published across newspapers, television, and radio. There are several more stories pending.

If you have not already done so, please use one of the links in my previous blog to weigh in on the subject. Thank you!

Posted in District | Leave a comment

IMMEDIATE ACTION NEEDED – Charter Teachers’ Retirement Benefits

Charter schools are considered independent public schools. We are a hybrid – government entities for the purposes of Public Records, the Open Meeting Law, Arizona State Retirement, and Special Education, etc, but are treated as private companies in most other regards. However, if a proposed IRS regulatory change passes, the charter system will be altered in some profound ways. Under the proposed regulation charter schools will not be considered “governmental” enough to participate in the Arizona State Retirement System. The time for public comment on this issue closes on February 6, 2012.

From the Arizona Charter Association (edited):

IMMEDIATE ACTION NEEDED – Protect Charter Teachers’ Retirement Benefits

There is a regulatory change being proposed by the Internal Revenue Service (Determination of Government Plan Status) that would prohibit Arizona’s 12,000 current and former charter teachers/employees who are in the Arizona State Retirement System from participating.

The legal issues behind the IRS proposed regulation are complex, and the Association will work with federal attorneys to sort them out and present them to members in a brief, cogent manner. The crux of the issue is whether charter schools are sufficiently “governmental” that they can participate in Arizona’s state pension plan.

For more background, read the Association’s letter to the Department here and take immediate action by sending a message here.

For those not familiar with it, the federal rulemaking process can be convoluted and difficult to understand; however, here is a brief overview of the process and where this proposed rule now stands.

Rulemaking is not part of the legislative process. Rules being promulgated by a federal regulatory agency, such as the Department of the Treasury - of which the Internal Revenue Service is a part – are not laws, but the guidelines that govern how a law is implemented, regulated, and enforced. Therefore, rules are not voted on by Members of Congress. Instead, the regulatory agencies responsible for putting forth these rules rely on their own expertise and experience to fashion rules, not on majority opinions. They also rely on input from Members of Congress and on public comment received during public comment periods. The rulemaking process is very prescriptive and periods for public comment are well defined. The rule being proposed by the Internal Revenue Service is currently in the public comment stage; however, the public comment period ends on Monday, February 6. The Department will hold a hearing in June on the matter.

Due to these deadlines, it is imperative that anyone who opposes the proposed rule submit comments to the Department by February 6. If you choose to submit a comment, feel free to express your own thoughts about how devastating implementation of this rule would be and how it would negatively affect Arizona and/or your household.

The Charter Association has created a quick and easy tool that will send your e-mail to the IRS, your congressmen, and the Secretary of Education. Simply sign up for votervoice.

http://www.votervoice.net/core.aspx?APP=GAC&AID=802&IssueID=27256&SiteID=-1

Article explaining the changes and their effects:

http://www.edexcellence.net/commentary/education-gadfly-daily/flypaper/2012/charter-school-teachers-would-be-hit-hard-by-new-treasury-department-ruling-on-pensions.html

If you would like to send an e-mail without registering for votervoice, I have listed several e-mail addresses (below). Make sure you use the subject line - RE: Response to Proposed Treasury Regulations, REG 157714-06. I also encourage you to refer to the Charter Associations guidelines for responses.

IRS Comments: notice.comments@irscounsel.treas.gov

Secretary of Education Arne Duncan: arne.duncan@ed.gov

Kyl, Jon (R) – info@kyl.senate.gov or http://kyl.senate.gov/contact.cfm

McCain, John (R) – senator_mccain@mccain.senate.gov or http://mccain.senate.gov/public/index.cfm?FuseAction=Contact.contactform

To find the e-mail for your Representative - https://writerep.house.gov/writerep/welcome.shtml

Posted in District | Leave a comment

School Choice Week

This week, communities across the nation are celebrating school choice and highlighting the need for every child to have access to effective education. In Arizona, charter school students make up 12% of the state’s public school students. Although Arizona enjoys strong charter school laws, our current legislators are not always aware of the challenges we face. For example; they may not be aware that every student who chooses to attend a charter school receives approximately $1,500 less to be educated than their district counterparts (that’s $1,500 less every year – grades k-12)! I’m taking the opportunity this week to meet with legislators and attend committee meetings. I’m thanking our legislators for their work, helping them become familiar with our challenges, and making them aware of the wonderful things happening at our schools! I encourage you to contact your legislator and do the same!

www.schoolchoiceweek.com
www.azleg.gov

Posted in District | Leave a comment

Charters…the “other” public school.


Have you ever been asked the question, “Do your kids go to a public school or a charter school?” If they go to a Pointe School, your answer should be…“Yes!” In Arizona, our funding comes from the state and statute defines charter schools as  “public schools.”

I was reminded of this and other common misconceptions recently when the new A-F school labels were released. There was a lot of internet chatter about “public” vs “charter” schools. The current, accurate terminology is “district” and “charter.” (I also prefer not to think of us as “vs” each other since we are both working to educate students.) Arizona provides public school choice because there is no way one size fits all.

I hear three common misconceptions about charter schools. First, people mistakenly believe charter schools do not provide special education services. Second, people believe charter schools are allowed to select their students. Finally, some people even believe charter schools have more money than our district counterparts!

District and Charter schools are both required to provide services for special needs students, no matter what the disability is. It doesn’t matter if the school has never had special education classes before or if the school is rigorous/college prep. When a student walks in the door with special needs, all public schools are required to meet those needs…whatever they are!! If you or someone you know has been told by a public school (district or charter), “We don’t offer special education services,” that school has broken the law and should be held accountable.

Public schools are not allowed to “screen” students. District and charter schools are required to enroll students as they walk in the door as long as there is space available. If you live within a district, your local district school is required to make room for your child. If you are out-of-district or enrolling in a charter school, the school is allowed to limit enrollment to available space in a grade or program. Both charter schools and district schools may deny enrollment to a student who has been expelled or is in the process of being expelled from another school.

Charter Schools do not receive the same funding as district schools. To begin with, charters receive funding on current-year students, as opposed to the prior year funding districts receive (which makes it much harder for charters to plan). We also do not have access to many of the revenue streams our district counterparts have available. Some examples: we do not receive money for transportation or facilities and we cannot have bonds and overrides. Charter school students receive an average of $1,500 less per year than they would if they were being educated in a district school, according to Tom Horne, Arizona’s Attorney General and former State Superintendent. http://www.azcharters.org/img/upload/files/2009-10%20Per%20Pupil%20Funding%20Comparison.pdf There is currently a lawsuit on this issue (student equity) working its way through the courts. http://www.azcharters.org/docs/Student_Equity_Press_Release.pdf  

So, what is a charter school?

Charter schools are independent (privately run), public schools, contracted (chartered) with the state to provide a specific type of education. Charter schools can be college-prep, at-risk, back-to-basics, performing arts, Montessori, computer based, etc. Charter schools are among the best and worst schools in Arizona…just like our district counterparts.

The simple answer is…Charters are the “other” public school.

Posted in District | Leave a comment

Play Rehearsals

If you haven’t heard, I was talked into writing this year’s Christmas play for North Pointe. As a lifelong science-fiction fan (yes, I’m a self-proclaimed nerd), theatre major, and perfectionist, I agonized for months over the script. I was able to take part in auditions and I’m making time to be at some of the rehearsals, too. I can’t explain what a joy it was to be with the talented cast as they read through the script for the first time. They are so much fun! As Superintendent, it is a privilege to be able to spend time with students.

I can’t wait to see “It’s an Intergalactic Christmas, Carol” when it opens!!

Posted in District | Leave a comment

New Relationships

Although it doesn’t always seem like it, the field of education can change rapidly. Things have changed a lot since Pointe Schools started 11 years ago. With the new Common Core Standards and the Race to the Top initiatives, there are many more changes ahead.

As part of my ongoing responsibility to make sure I am getting the most up-to-date information to my principals and teachers, I attend the Arizona School Administrators’ (ASA) Fall Superintendency/Higher Education Conference last week. I hadn’t gone to this conference before and I wasn’t sure what to expect. The mission of ASA is to promote and support educational excellence in school leadership; however, their conferences and trainings have traditionally been considered a “district” thing rather than a “charter” thing. For many reasons, there was a lot of tension between charter schools and districts when Arizona’s charter schools first opened in 1995. Sadly, the “us” vs “them” mentality has gone both ways over the years.

I am happy to report things are changing!! Not only did I learn a lot, but I received an unexpectedly warm welcome. ASA’s leadership, including Gary Rooker and Dr. Debra Duvall quickly put me at ease and went out of their way to make sure I connected with other Superintendents from across the state. I had the opportunity to discuss issues, share ideas, learn about upcoming changes, and build relationships. As one Superintendent told me, “Charter schools are here to stay. There is no reason for hostility between districts and charters – we are both here for the kids.” I completely agree. One size does not fit all in education. The state needs both of its public school systems to work together to provide the best education for all our kids. Now, that’s a change I can get excited about!

Posted in District | Leave a comment

Update: Arizona Learns Labels

The new Arizona Learns labels are being released to the public today. Although the Arizona Department of Education (ADE) delayed the release two extra weeks (it had already been delayed a month), they ultimately decided not to re-run the data. Therefore, the growth portion of the Department of Education’s formula remains controversial. There are now two different Growth Scores for charter schools. The State Board for Charter Schools adopted the Growth Model piloted by the Arizona Charter Association, and has been using it as part of the charter renewal process. The new Arizona Learns labels were run using different methodology.  

I am glad the state is committed to making the federally required school labels more accessible to parents. Although I respect the Department of Education’s efforts, and understand no labeling system is perfect, I have three major concerns with the new system. My first concern is that student growth is calculated by percentile ranking students against other students rather than looking at absolute growth. At its core, this system requires half the students in Arizona be labeled “low growth” (anyone under the 50th growth percentile), even when that student is meeting or exceeding the state standards. My second concern is how a bell curve was used to determine school grades, rather than absolute scores. A set percentage of schools will be labeled A (16%), B (25%), C (32%), and D (27%). No schools will be labeled with an F this year. My third major concern is that the state’s leading educational statisticians disagree about how the Growth Model should be calculated. During the September 26th Arizona Board of Education’s meeting, the person in charge of the ADE calculations said she wasn’t aware the Arizona Learns sub-committee had even set parameters in place for the calculations.

As Superintendent Huppenthal says, parents should take many factors into consideration when making academic decisions for their children. Unfortunately, it doesn’t look like the new Arizona Learns labels will make that process any easier.

Link to Superintendent Huppenthal’s statement and a Q and A from the ADE: http://www.azed.gov/research-evaluation/files/2011/09/a-f-school-accountability-letter-grade-system.pdf.

Posted in District | Leave a comment

AZ Learns Rankings

The new AZ Learns labels were the hot topic at the State Board of Education meeting this morning. Board members spent over an hour asking questions and raising concerns about the methodology used to compute the data used to rate schools A-F. There was a lot of disagreement, finally causing the Superintendent of Public Instruction Huppenthol to proclaim, “Sometimes, this job sucks!”

Superintendent Huppenthol readily agreed there was no statistically perfect way to label schools, saying “There are a lot of caveats to any labeling system.” He encouraged the Board not to delay releasing the labels while they try to improve the system, saying schools need to be given specific targets for growth. In response to the concern that parents would make decisions about changing schools based on the new labels, he explained, “I always tell parents…I’d rather have my kid in a classroom with the best teacher in a D school than with the worst teacher at an A school. Parents need to look carefully at their particular situation.”

What became very clear during the discussion is that there is no “perfect” way to measure schools, even when everyone agrees to measure only reading and math. The labels were scheduled for public release in two days (September 28th). However, as a result of the concerns raised, the Department of Education decided to delay the release of the labels for two more weeks (no specific date was set). Even so, the Board left the meeting without being able to clearly outline what will be done during those two weeks.  

I absolutely agree that schools should be held to specific standards. Arizona has told schools what those standards are at each grade. All three Pointe Schools do a great job making sure our students meet or exceed those standards. However, the Arizona Growth Model portion of the new grading system is less straightforward and may or may not be something parents care about for their particular child. As things stand now, the methodology for determining those scores is so complex, schools (even large, district schools with massive resources) are unable to come up with the same numbers when they attempt to run the data. I agree with the board member who said, “I don’t want parents to have to have a degree in statistics to understand these labels.”

The following blog had some fascinating thoughts on how schools are pulled between the public and parents.

 http://educationnext.org/when-public-education’s-two-ps-disagree/

Posted in District | Leave a comment