Patricia Brantley, Friendship PCS CEO, remarks at the inaugural DC Charter School Alliance Gala

Last Friday evening Michele and I were honored to be guests at the inaugural gala of the DC Charter School Alliance. On this beautiful night in the nation’s capital Friendship Public Charter School Chief Executive Officer Patricia Brantley was presented with the Dr. Ramona H. Edelin Legacy Award. Her inspirational remarks are below:

I met Ramona Hoage Edelin in the early 90s — 30 years ago at the feet of Dr. Dorothy Irene Height. When Ramona walked in the room, the one thing you knew is that you were in the presence of someone who cared about you before they ever even met you. That was one of my favorite things about working in civil rights with Dr. Height. Ramona cared about us before she ever met us, she cared about every young person. I think that’s why she was one of Dr. Height’s closest confidants, because Height was the same. Dr. Height believed in us and our capacity, our efficacy, our greatness.

To be a young person under their grace and spirit created a long-lasting wind beneath my wings. It’s hard to express what I mean and so you have no idea of the honor that you bestow upon me when you give me an award in the name of Ramona Hoage Edelin. Like each of you, I have moments of doubt about my own work but I know this, even if I am flabbergasted that you would choose me, Ramona believed I was worthy.

In this room today, in this audience, are Friendship people. Now you are all Friendship people to me because anybody who puts their life into children is always part of the Friendship family. But there are those who graduated or are in school under the banner of Friendship here today. I have something to say to you. Every day when I go to work; every moment that I am awake (and I think sometimes when I’m sleeping and dreaming), you are on my mind. You are the reason for what we do and as I do this work, it is with the great and deep hope that I am making you proud. It is with the great and deep hope that you know we always believe in you and your capacity, your efficacy, your greatness, your good spirit. To the rest of you in this room, I will say a word – a quick one as I only have a few minutes after all.

So often I hear talk of “the sector, the sector.” What about the sector?  I get it. Institutions, industries, movements… they are important. But what I appreciate most about many of you in this room is you go beyond talk of sectors and you ask, what about the children?

My sincere personal thanks to Chairman Mendelson for being here today. But I thank you even more so for yesterday when during testimony you asked why aren’t more children being served in these kinds of programs at these kinds of schools? Chairman Mendelson, LaJoy Johnson Law, Maya Martin, Ariel Johnson, Donald L. Hense, Superintendent Christina Grant and Interim Superintendent Mitchell, and all of my Friendship colleagues – too many of you in this room to mention so forgive me for not calling your name –  you understand that this work is about children. 

I know we have to collectively ensure a strong sector, but have no doubt it’s about the children. When I look across LEA leaders like me, I know when you go to work your thoughts are about the children. Yes, there are so many things we have to do — real estate and bonds and financing and employment agreements, compliance and etc., etc., etc. But I’ve never known a leader that’s not doing all of that because they don’t want to be in classrooms sitting with teachers, talking to young people, hearing from families. They do all of that other stuff because they know that the work that we do to align the resources, the talent, the structures and the strategies… in the end, that is work to benefit children.

So if you take away one thing from me and these remarks — and yes I have gone longer than two minutes and my apologies to the Alliance team. I am wrapping it up. 

My heart will always be with the children. Certainly there are those who may not agree with what I say or what I do. Please know this, if it comes down to a decision for these children, our children, DC’s children, that’s the decision I am going to make and we can debate about it. Some of you can vote about it. You can be for it or against it, but whether for or against, we will always stand together as long as it is for the children. 

I will always stand with children because I am a child of Friendship founder Donald L. Hense, of civil rights leader Dr. Dorothy Irene Height, of my mother Patricia Weston Rivera and my father Ramon Rivera and I strive to walk in the walk and the light of Dr. Ramona Hoage Edelin. 

Thank you.

Increased public school spending in D.C. will lower student test scores

Washington D.C. Mayor Muriel Bowser announced yesterday that she is proposing in her fiscal 2025 budget a 12.4 percent increase in the Uniform Per Student Funding Formula. The change, according to the Mayor’s press release regarding the jump in funding, will bring the foundation amount schools get to educate a child to $14,668. In the same document Ms. Bower demonstrates the irresponsibility of this move:

“Over the past five years, DCPS has added nearly one school-based staff member for every newly enrolled student, with the number of full-time employees growing by 18% compared to a 2% increase in enrollment.”

Is this any way to run an organization?

I can guess as to why schools are desperate for this cash. As part of the pandemic emergency, schools were flooded with an extra billion in taxpayer dollars. As a natural response to a handout, schools added personnel. Now that this revenue stream is disappearing, they have no way to pay for the extra staff.

The public school bureaucracy has never seen a revenue increase it did not like. Here is a typical response from the DC Charter School Alliance’s Arial Johnson:

“As our schools will soon face a funding cliff with federal dollars running out this year, we applaud Mayor Bowser’s historic proposed increase to the UPSFF and her steadfast commitment to investing in our city’s education system. We’re especially grateful for her commitment to ensuring the ongoing costs of educator raises are covered and her focus on supporting the students most in need by increasing the UPSFF weights for students designated at-risk, alternative students, and adult students.”

A city with a 33.7 percent student proficiency rate in English and a 21.8 percent student proficiency rate in math does not seem to prove the hypothesis that more money will solve our academic ills. And if history is any guide, it will not result in the intended impact. Below is a chart by the Cato Institute’s Andrew Coulson demonstrating the inverse relationship between spending and test scores in American schools from 1970 to 2010.

Unfortunately for our town, I only expect these trends to continue.

Shannon Hodge moves from DC Charter School Alliance to KIPP DC

Last January, when Allison Fansler announced that she was stepping down as president of KIPP DC PCS I was shocked. After observing her in action with KIPP DC CEO Susan Schaeffler I thought that this was a perfectly matched professional team that would work together in perfect synchronization until they both transitioned to retirement. Ms. Fansler has spent 16 years at KIPP and in her disclosure of her pending departure stated that she made the decision to leave her position in 2019. The KIPP president said at the time that she joined the charter school network when it had two middle schools in 2007. KIPP DC now teaches over 7,000 students in 20 schools on 8 campuses.

KIPP performed a nationwide search for a replacement to Ms. Fansler but it turned out in the end to be an unnecessary exercise. The individual selected to be the next president is none other than Shannon Hodge, the current founding executive director of the DC Charter School Alliance. This is an outstanding selection.

Actually, I do not think being the head of the Alliance was the perfect role for Ms. Hodge. Although I applauded the choice, mentioning in 2020 that I consistently appreciated Ms. Hodge’s frequent testimony on front of the D.C. Council, I did not find her ubiquitous requests for additional funding to be her strong suit. I see Ms. Hodge more as a soldier fully enjoined in the battle to provide an exemplary education to those society has pushed away even from the margins. She is the paratrooper flying in to rescue Options PCS and then continuing her work with Kingsman Academy PCS. All with a smile on her face. I interviewed Ms. Hodge in 2017.

At a moment like this it is especially fitting to thank Josh Kern, the cofounder of Tensquare Consulting, who recognized the star potential in Ms. Hodge when he enlisted her help as the court-appointed receiver during the terribly tough days of the Options charter school debacle.

Yesterday’s broadcast of Ms. Hodge’s job change was carefully coordinated between the Alliance and KIPP DC, with both organizations sending out social media messages of the change within minutes of each other. However, the orchestration was not perfect as the news from the Alliance states that Ms. Hodge will be with them through October, while the KIPP release says that she is joining them in mid-August. The message from the Alliance reveals that Ariel Johnson, the group’s prior chief of staff, will become the interim successor to Ms. Hodge.

D.C. Council Chairman Mendelson breaks law when it comes to at-risk student funding; move applauded by DC Charter School Alliance

A few days ago, the Washington Post’s Perry Stein revealed a move by D.C. Council Chairman Phil Mendelson to increase the amount of money going to at-risk students as part of Mayor Muriel Bowser’s proposed fiscal year 2023 budget. Here’s the background:

The reporter states that at-risk students are “those who are homeless or in foster care, whose families qualify for food stamps, and students who are in high school and have been held back at least one year,” and they “account for about 47 percent of the city’s more than 95,000 public school children.” Ms. Stein adds that “The funding in the regular education budget for at-risk students amounts to an extra $3,000 each and is intended to alleviate the effects of poverty, which can make learning more challenging. The money could be used to pay for extra reading specialists, music teachers, or extended day programs.”

There have been calls by others, such as the organization DC Students Succeed, to increase the weight in revenue that schools receive for instructing at-risk students through the Uniform Per Student Funding Formula. It is the UPSFF that provides the extra $3,000 per pupil that Ms. Stein references. Mr. Mendelson took a different strategy. Again from the Washington Post article on this issue:

“The funding proposal — which the council must approve a second time as part of the city’s overall budget process — would spread an additional $41.6 million over four years across nearly 170 traditional public and charter schools. Unlike most targeted education funds, the money would bypass the school system’s central office and go directly to principals, giving them control over how to spend money on staff and services that could improve student outcomes.”

Ms. Stein explains how it would work:

“Mendelson’s proposal would give extra funding to schools that have a population of at-risk students that exceeds 40 percent. Schools that have populations of at-risk students that exceed 70 percent would receive even more. For example, Savoy Elementary has 265 students. Of those, 225 — or nearly 85 percent — are considered at risk.

In all, the school would receive more than $98,000 under the proposal. That’s on top of the approximately $3,000 each of the 225 at-risk student is allocated through the typical budget process.”

Mr. Mendelson is trying to address an issue that has plagued the traditional public school system. According to Ms. Stein:

“But numerous investigations and reports have determined that the city often spends this money incorrectly, using it to pay for routine costs instead of on programs to supplement basic school offerings. In some instances, that’s because many schools with high concentrations of at-risk students are under-enrolled and smaller schools are more expensive to operate. These schools’ budgets don’t stretch as far as the budgets for larger schools, so principals end up spending the money on basic staffing that other schools can cover with their baseline budgets.”

Here’s the problem. The 1995 D.C. School Reform Act that created charter schools in the District mandates that funding for all public school students go through the UPSFF. Here’s a summary of the law included in the Adequacy Study completed in 2013:

“The requirement that education for all students be funded on a uniform per-student basis, with the dollars following students into and out of whatever school they attend, was enacted into DC law in 1995. The UPSFF was established to carry out the mandate. The formula calculates funding based on students and their characteristics, not on school or local educational agency (LEA) differences. This uniformity requirement applies only to local funding, not to federal or private funding. It affects only DCPS and public charter school operating budgets, not capital budgets and investments. The UPSFF is intended to fund all traditional school-level and system level operations for which DCPS and public charter schools are responsible, including instructional, non instructional (facilities maintenance and operations), and administrative operations.”

Ms. Perry states in her article that Chairman Mendelson referred to his at-risk student funding proposal “the ‘single most important’ new idea in the fiscal year 2023 budget.” The only problem, however, is that the move is illegal in that it directly contradicts the language contained in the School Reform Act.

But breaking the law is obviously not important to the DC Charter School Alliance as long as it involves more money to its schools. The organization tweeted “Thank you @ChmnMendelson & @councilofdc for supporting students with an increase in funding for education! . . .Creating two new concentration weights to support schools serving higher populations of students designated at-risk”

I noticed that the Council also appropriated $300,000 to perform a new Adequacy Study, which is something I called for the other day. Perhaps this new report will call out the serious error Mr. Mendelson made in his effort to help at-risk students.

Time for a new D.C. schools Adequacy Study

The other day I read a statement by Shannon Hodge, executive director of the DC Charter School Alliance, calling for the Deputy Mayor for Education to complete a revised Adequacy Study. I could not agree more.

The last one was released in 2013 and it was groundbreaking. The research behind the report demonstrated that the District of Columbia was shy 40,000 quality seats, and it mapped the locations were new high performing classrooms were needed. But the most astonishing part of the work, lead by then Mayor Vincent Gray and my favorite Deputy Mayor for Education Abigail Smith, was that it put into print for the first time by the government the fact that charter schools were receiving inequitable funding compared to DCPS. The document pointed out that this was true because although all schools, charters and traditional, were funded at the same level through the Uniform Per Student Funding Formula, DCPS took advantage for free of government services, such as legal, information technology, and building maintenance, that charters could not access. It was a line of reasoning advanced for years and at every opportunity by Robert Cane, the prior head of Friends for Choice in Urban Schools. Mary Levy went on to quantify this disparity to be about $100 thousand to $125 thousand dollars a year.

The blatant unfairness continues unabated today and led to Eagle Academy PCS, Washington Latin PCS, when I was chair of its board, and the DC Association of Chartered Public School to sue the city to try and recover the revenue; a legal action that was eventually dismissed. Attorney Stephen Marcus led the effort. It was not something that charters wanted to do; we believed we had no other choice.

In addition, the 2013 study was extremely comprehensive in nature in that it tried to figure out exactly what the funding level of the UPSFF should be to eliminate the academic achievement gap in our town. It looked at each component of the per pupil allotment, including the much discussed weight for teaching at-risk students.

A lot has changed over nine years and much has not. The amount of tax revenue going to the two education sectors has gone up tremendously, now projected to exceed in fiscal year 2023 2.2 billion dollars annually. However, with this cash has not come the solution to the inequity that all of us involved in education want desperately to solve. When we do get around to testing our children it is almost certain, especially after two years of pandemic learning, that the difference in proficiency between the affluent and poor of 60 points has only increased.

It is imperative to perform another adequacy study. Let’s determine what the proper UPSFF should be. We should uncover how many quality seats the District needs to provide each and every scholar an exceptional pedagogical experience. How will we react if the number comes back again at 40,000?

DC Charter School Alliance names Hall of Fame members: where is Patricia Brantley?

As part of Charter School Week, over the past few days the DC Charter School Alliance has been announcing additions to the Charter School Hall of Fame. First created by Friends of Choice In Urban Schools back in 2016, the Hall of Fame was formed “to recognize the key individuals whose contributions have helped shape DC’s thriving charter sector.” If ever there was someone that needed to be added to this esteemed group it is Patricia Brantley, the chief executive officer of Friendship PCS. Here are just a few sentences from Ms. Brantley’s biography on the Friendship website:

“Patricia oversees all operations at Friendship, has secured more $95 million in public and private funding, effected cohesion among the 12 campuses, and established the Friendship Teaching Institute as a model of professional development. She spearheaded the takeover of Washington’s first multi-campus charter management group, ensuring that hundreds of children could remain in their school of choice.”

Ms. Brantley moved up to CEO at Friendship after serving as its chief operating officer. Here’s what I wrote about that tenure when I interviewed her six years ago:

“Her accomplishments during her dozen years at the charter school as chief operating officer include transforming Collegiate Academy to create a school with college-level courses.  She arrived in September and by January she had brought Advanced Placement and pre-Advanced Placement courses to the campus.   She led the development of teacher quality initiatives that includes Fellows, Professors, and Master teachers.  Ms. Brantley also supports the development of school leaders by encouraging their attendance at Relay, a leadership training program.  During her tenure, she expanded Friendship to include Southeast Academy, Technology Prep, Friendship Online, and Armstrong campuses.”

As I have watched her work, I see Ms. Brantley as a savior to D.C.’s charter school movement. When charters get in trouble and are fighting for their existence, Ms. Brantley comes to their rescue, like a superhero swooping in at the last minute to challenge evil. It started with the takeover at Community Academy PCS, proceeded to Ideal PCS, and most recently expanding Friendship’s online school to medically fragile students desperately needing a virtual option. When the William E. Doar, Jr. PCS for the Performing Arts (City Arts and Prep PCS) was closed by the DC Public Charter School Board, she brought its program into Armstrong PCS. After multiple safety issues came to light at Monument Academy PCS, and it appeared that the most vulnerable children in the nation’s capital would literally lose their homes, she engineered a takeover by the Friendship Foundation. Finally, after the PCSB could not see past fear from Mayor Muriel Bowser to open Capital Experience Lab, a new middle and high school charter, Ms. Brantley brought the exciting pedagogical approach to learning into Blow Pierce PCS. She had been serving on its board of directors. Ms. Brantley sets the blazing example of what true leadership looks like.

Actually, when the DC Charter School Alliance started to announce their inductees into the Charter School Hall of Fame, Ms. Brantley’s name should have been first.

D.C. charters about to spend 25K per pupil; they want more

In March, D.C. Mayor Muriel Bowser released her proposed fiscal year 2023 budget. As she has done consistently during her tenure as the city’s chief administrator, Ms. Bowser has increased the Uniform Per Student Funding formula, the baseline that determines how much a school is paid to educate a child for a year, this time by a gigantic 5.87 percent. Her recommendations also include a 2.2 percent jump in the charter school facility allotment. With these augmentations, assuming that the same number of students enroll next term as did in 2022, then the amount that the District spends on teaching one student each term enrolled in a charter school is approximately $24,500. According to the Education Data Initiative, in this country only New York State, at $25,500 per student, spends more.

An organization called DC Students Succeed, a group of over forty groups that work with children, including many charter schools and the DC Charter School Alliance, say the Mayor has not gone far enough. They have a number of recommendations. They call on the Council to add more cash to the UPSFF. The per pupil facility allotment should go up by 3.1 percent. They also want the at-risk weight to improve to 0.37, a number included in the 2013 Adequacy Study, as opposed to the 0.2 number advanced by the Mayor. By the way, the coalition views the term “at-risk” as “pejorative, inaccurate, and inadequate.” They would rather it be changed to “equity weight.”

But wait, there is more. Some schools lack mental health clinicians. A new citywide center is needed for immigrant students so they can navigate our public education system. Increased funding should be allocated for training Black and brown professionals to go into teaching. A program should be created to reduce teacher student loan debt. Initiate a Homeowner Resource Center to steer educators toward affordable housing programs. Form a Public Educator Housing Assistance Program similar to the existing District Employer Assisted Housing Program. Add money to Out-of-School programs to the tune of $25 million. The list is frankly exhausting. You can read the fifteen page details of the requests here.

The calls for more money comes as The National Alliance for Public Charter Schools is running television advertisements attacking the U.S. Education Department’s proposed new rules around its charter school support programs. Commented president and CEO Nina Rees, about the move, “This is a sneak attack on charter schools that is politically motivated by special interests seeking to benefit the adults in the system and not the children and families in our country who are clamoring for better education opportunities. Why is the Biden Administration listening to everyone except families?”

If these stipulations are enacted I have no doubt that they will severely limit if not completely block charters from accessing the $440 million annually appropriated by Congress toward new school openings and expansion. However, the commercials make it appear that somehow our movement is entitled to these grants. I would much rather see alternatives to the federal government for financial support. When dependent on the government it is simply too easy for politics to get in the way, which is exactly what we are seeing in this case. The conversation around charters really needs to be focused on improving the quality of public education. With all this talk about money, it appears that the box that the child is standing on to watch the baseball game in the infamous equity cartoon is filled with dollar bills.

It’s time for an independent Office of the State Superintendent in the nation’s capital

There are two bills being debated currently in the D.C. Council regarding the reporting structure for the Office of the State Superintendent of Education in the District of Columbia. One suggestion is to have OSSE fall under the purview of the State Board of Education. This legislation should be dead on arrival since it reminds me of the terrible old days when the Board of Education contributed to our town having one of the worst run school systems in the country. No one wants to go back to those days.

However, the second proposal, authored by Councilmember Mary Cheh, comes out of more recent controversies around DCPS that arose four years ago. Beginning in November 2017, the traditional schools faced a trio of problems that came in quick succession. First, a study by WAMU and NPR found that many seniors attending Ballou High School should never have graduated. From their report:

“An investigation by WAMU and NPR has found that Ballou High School’s administration graduated dozens of students despite high rates of unexcused absences. WAMU and NPR reviewed hundreds of pages of Ballou’s attendance records, class rosters and emails after a DCPS employee shared the private documents. The documents showed that half of the graduates missed more than three months of school last year, unexcused. One in five students was absent more than present — missing more than 90 days of school. . . Another internal email obtained by WAMU and NPR from April shows that two months before graduation, only 57 students were on track to graduate, with dozens of students missing graduation requirements, community service requirements or failing classes needed to graduate.”

Then in February 2018, Deputy Mayor for Education Jennie Niles and DCPS Chancellor Antwan Wilson resigned after the D.C. inspector general had found that with Ms. Niles’ assistance one of Mr. Wilson’s children had bypassed the school lottery to gain admission to Wilson High School. She had been enrolled at the Duke Ellington School of the Arts but was not happy there.

That same month the Washington Post reported that OSSE had discovered that as many of half of the students attending the Duke Ellington School of the Performing Arts lived outside of D.C. but were claimed to be residents so the families would not have to pay tuition. The story stated that a lawyer at OSSE told officials in his organization to slow the fraud investigation “because of the risk of negative publicity during a mayoral election year.”

These incidents point to the problem of having OSSE report to the Mayor who also controls the traditional public schools. As Ms. Cheh indicates in her proposed legislation:

“However, in 2007, with the passage of the Public Education Reform Amendment Act of 2007 (“PERAA”), the SEO became the Office of the State Superintendent of Education, a change that came with much greater responsibility. OSSE took over a
number of responsibilities previously handled by the Board, including developing state-level standards and assessments, grantmaking, and, importantly, oversight of the District’s public schools. In addition, under PERAA, control of DCPS shifted from the Board of Education to the Mayor. For the first time, the District’s state level oversight body and its public school system were subordinate to the same person—the Mayor.

For this reason, OSSE is unlike any other state-level oversight body in the country. In every state, school districts answer to state-level education authorities, which are empowered to audit all school data and demand corrective action where an audit identifies areas of concern. In no other state does the state-level oversight body report to the head of a school system it oversees. This conflict of interest compromises the work of our Superintendent, risking the public’s trust in the integrity of our school data. Unfortunately, the effect of this conflict of interest on OSSE’s work is not merely speculative. In recent years, there have been concerning reports regarding OSSE’s oversight of our public school data, and failures to adequately identify errors or misrepresentations in data on student attendance, suspensions, and graduation rates. In these instances, it was members of the media—not OSSE—who identified these data issues and brought them to the public’s attention. In the normal course, such issues would have been identified as part of regular audits; that they were not raises genuine concerns about our audit processes and how OSSE oversees our school data. What’s more, at that time, it was reported that an OSSE attorney directed staff to delay a particular investigation because it was a mayoral election year.”

An independent OSSE would avoid the inherent conflict of interest that was established with PERAA’s passage in 2017.

I should mention that Shannon Hodge, the founding executive director of the DC Charter School Alliance, testified before the Council that she is opposed to both acts currently being debated about OSSE’s reporting structure. About Ms. Cheh’s suggestion she commented:

“Making OSSE an independent agency within the DC government, as the Office of the State Superintendent of Education Independence Amendment Act of 2021 (Bill 24-101) would do, would separate it from other agencies that it is deeply interconnected with. For example, OSSE and DC Health work closely together on a number of issues relating to the ongoing pandemic and need to be able to make coordinated decisions. OSSE simply needs the support and collaboration of every city agency to best accomplish their work.”

It is an unusual position because the new organizational structure of OSSE mirrors that of the DC Public Charter School Board. With the PCSB, the Mayor appoints the members but the body is run on its own. I say the council should pass this legislation.


Number of D.C. students permitted to learn virtually now in charter school’s court

Yesterday, the D.C. Council went ahead and unanimously passed emergency legislation expanding the number of students permitted to take classes through distance learning, but the number was far less than Chairman Mendelson had in mind when he proposed the bill. As the Washington Post’s Perry Stein informed us on Tuesday, only an additional two hundred elementary school pupils and one hundred fifty middle school students will be able to participate “if their doctors recommend they stay at home or if they live with a relative who is at high risk for a severe case of the coronavirus.”

Those eligible will join approximately 285 DCPS scholars who are currently learning virtually.

The reason for the small incremental increase, according to Ms. Stein, was due to pressure from Mayor Bowser’s administration pointing to higher costs associated with allowing more children to be taught outside of the classroom. As I mentioned previously, the Council’s rule is that emergency legislation cannot include a rise in expenditures.

The act includes an extremely interesting caveat for charters. As stated in the Post story, “charter networks have more leeway, with the council saying each can decide how many eligible virtual learners to accommodate, though each network must cap it at no less than 3 percent of its student body.”

Actually, the situation has not changed for this sector over the past twenty-four hours. Do the DC PCSB, DC Charter School Alliance, and the sixty eight schools on one hundred thirty three campuses as independent local education agencies, fall in line blindly to the dictates of the Council, or do they legitimately take matters into their own hands in deciding how many students have to be in their buildings?

You already know my opinion as to the way things will play out. Stay with me as we watch events unfold.

D.C. Council set to battle with charter schools; my guess is that charters blink

When Scott Pearson was executive director of the DC Public Charter School Board and he testified in front of the D.C. Council, he had polite and respectful conversations with Education Committee Chairman David Grosso. However, there were a few occasions when conflict arose, especially when Mr. Grosso asked Mr. Pearson for an explanation regarding why charters were not complying with a particular law. Mr. Pearson had to clarify that in reference to the matter under discussion it was the charter sector’s view that the Council lacked jurisdiction.

Last Friday, the Washington Post’s Perry Stein revealed that Council Chairman Phil Mendelson is planning on introducing emergency legislation that would increase the number of students eligible for virtual instruction from home. She wrote:

“Under the legislation, which was still being modified Friday, students under12 who are ineligible for a coronavirus vaccine would be allowed to stay home if they live with someone who is immunocompromised.

It would also allow any student to participate in virtual learning if their doctors recommend that they remain home because they have a health condition that would put them at higher risk for complications if they contract the virus. The virtual learning plan would also apply to both the traditional public and charter sectors, according to a draft bill.”

Now here is the problem. The Council lacks authority to mandate that charter schools provide on-line classes. While there is no debate that the city’s representatives can legislate charters regarding issues of health and safety, not in the broadest interpretation of this criteria would it be acceptable for the legislative body to encroach on the autonomy of the alternative school sector regarding distance learning.

Mayor Muriel Bowser reacted immediately and unequivocally when she heard about Mr. Mendelson’s plan. Ms. Stein says she expressed her viewpoint in a letter to the Council. She wrote:

“It is therefore of paramount importance that we do not disrupt our hard-won, in-person learning for the tens of thousands of students who are in dire need of consistent and quality instruction and socialization. As such, I am very troubled and angered by any legislation that aims to disrupt learning or that will tax and burden our schools.”

While the Mayor is strongly defending her authority to manage DCPS, charters are not so bold. The Post states that DC Charter School Alliance founding executive director Shannon Hodge responded to the news about the emergency act this way:

“The legislation reflects concerns from parents and that there are a ‘significant’ number of students who have completed enrollment paperwork but have not attended school, suggesting they could be staying home for coronavirus-related reasons.”

The comment is especially ironic because charters were apparently directed by PCSB staff not to offer on-line classes. One leader of a prominent network of schools told me recently the organization was dissuaded from filing a charter amendment to provide virtual instruction after being informed that it would be denied. The feeling was this decision was coming out of fear of interfering with Ms. Bowser’s muscular push to have all kids back in the classroom.

If I had to conjecture, I would say that the PCSB and Alliance will roll over and acquiesce to the Council’s directive.

Complicating the passage of the Council Chairman’s bill is the requirement that emergency legislation cannot increase costs. The Mayor has already insinuated that the new law comes with a price tag.

There is one additional portion of the act which is worth noting, as Ms. Perry details:

“The bill also would allow students to receive excused absences if they remain home for pandemic-related reasons. Parents testified at a D.C. Council hearing last month that if one of their children was quarantined and they kept another child home, which the city does not recommend, the sibling would accrue unexcused absences. Too many could lead to a call, and a possible neglect investigation, from the Child and Family Services Agency.”

The Council is set to vote on the measure today. It takes nine councilmembers to pass emergency legislation.