Advocates for public charter schools breathed easier last month when Congress approved $440 million for a program that helps pay for charter school start-up expenses. Unfortunately, their relief was short-lived. The Biden administration the next day proposed new rules for the program that discourage charter schools from applying for grants, a move that seems designed to squelch charter growth.
On March 11, a day after the funding passed, the Education Department issued 13 pages of proposed rules governing the 28-year-old federal Charter Schools Program, which funnels funds through state agencies to help charters with start-up expenses such as staff and technology. “Not a charter school fan” was Mr. Biden’s comment about these independent public schools during his 2020 presidential campaign, and the proposed requirements clearly reflect that antipathy.
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The Biden administration claims that the proposed rules would ensure fiscal oversight and encourage collaboration between traditional public schools and charter schools. But the overwhelming view within the diverse charter school community is that the proposed rules would add onerous requirements that would be difficult, if not impossible, to meet and would scare off would-be applicants. Those most hurt would be single-site schools and schools led by rural, Black and Latino educators.
Consider, for example, the requirement that would-be applicants provide proof of community demand for charters, which hinged on whether there is over-enrollment in existing traditional public schools. Enrollment is down in many big-city school districts, which would mean likely rejection for any nonprofit seeking to open up a charter. “Traditional schools may be under-enrolled, but parents are looking for more than just a seat for their child. They want high quality seats,” said Nina Rees, president of the National Alliance for Public Charter Schools.Hence the long waiting lists for charter school spots in cities with empty classrooms in traditional schools. Also problematic is the requirement that charters get a commitment of collaboration from a traditional public school. That’s like getting Walmart to promise to partner with the five-and-dime down the street.
The Biden administration surprised the charter school community by what charter advocates called a sneak attack. There was no consultation — as is generally the case with stakeholders when regulations are being drafted — and the public comment period before the rules become final ends April 14. The norm is generally at least two months.
The proposed changes, according to a spokesperson for the Education Department, are intended to better align the Charter Schools Program with the Biden-Harris administration’s priorities. “Not a charter fan,” Mr. Biden said, and so bureaucratic rulemaking is being used to sabotage a valuable program that has helped charters give parents school choice.