Senator Johnson Works to Stop DOJ Investigations Protecting Title II

Last week, Johnson introduced an amendment to the Commerce, Justice and Science Appropriations Act of 2016 that would specifically bar the Department of Justice from enforcing the ADA for those private schools receiving public funding.

Background: Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities, including education.   From 2011 to 2016, the DOJ had been investigating Wisconsin’s voucher school program based on a claim from the ACLU that several voucher-funded private institutions had openly discriminated against students with disabilities, often excluding them from programming.

Paige Alwood, a spokeswoman for Ron Johnson said, “In a voucher program, the parent chooses to send her child to that participating school.  Accountability is maintained, and possibly even enhanced, by the fact that a parent is selecting that school as being in the best interest of her child,” according to the Washington Post. According to the Milwaukee-Journal Sentinel, Johnson aide Patrick McIlheran said this amendment “would keep the DOJ from expanding its jurisdiction in ways the law does not permit.” Others see this as a serious concern.  Recent law changes have increased access to voucher schools, and students with disabilities want the same access to those changes as anyone else.  “We’re talking about schools that serve tens of thousands of children, and that would not have obligations under the ADA to reasonably accommodate children with disabilities,” said Karyn L. Rotker, a senior staff attorney at the American Civil Liberties Union of Wisconsin.State Superintendent Tony Evers said, “”I am not sure how that fits the spirit and values of any system of education.”  Removal of oversight does not typically produce good qualities for students.

Connection for English Language Arts/ NCTE:

The needs of all learners must guide every decision made in education.  The 2014 NCTE Education Policy states: “Equity is paramount. Because all students have a right to expect a high-quality literacy education, educators, administrators, and policymakers alike must create the conditions that support literacy learning.” Removing oversight that would help ensure all students access to education is unwise.

Voucher Expansion

Wisconsin Act 297 adds Christian Schools International to the list of entities that are accrediting agencies and pre-accrediting agencies for purposes of the Milwaukee Parental Choice Program, the Racine Parental Choice Program, and the Wisconsin Parental Choice Program and the Special Needs Scholarship program.

Implications for Wisconsin Public Schools: Sixty-five percent more schools signed up to participate in the Wisconsin Parental Choice program (WPCP) in the coming school year. The number of schools increased from 82 in the 2015-16 school year to 135 for the next academic year. (MacIver Institute)  The Legislative Fiscal Bureau estimates that over the next 10 years, $600 million to $800 million in taxpayer funds will be shifted from public schools to private schools through the voucher program (KenoshaNews).

Implications for Wisconsin Students: An investigation into Baraboo’s St. John’s Lutheran School highlights a controversy.  St. John initiated rules that required parents to provide a birth certificate to know the child’s born gender and sign a parent handbook agreement listing what a student can be disciplined and expelled for, including homosexuality.  The principal of St. John’s asserts, “If we cannot legally refuse students who are struggling with homosexuality or gender identification, we must maintain our right to hold to the truths of God’s Word…In other words, although we do not have the right to refuse admittance to people choosing an outwardly sinful lifestyle, we do maintain the right to discipline and dismiss students for these choices” (Baraboo News Republic).

Connection for English Language Arts/ NCTE:

NCTE’s 2014 On Academic Freedom states, “ Educational institutions may present alternative views and values, but may not impose or require belief or commitment.”   In addition, “Educators and educational institutions must refrain from academically unjustified inquiries into beliefs, values, interests, or affiliations of students and faculty.”  Schools that expel students for homosexuality or create a culture of fear by asking birth certificate documentation impose and require beliefs.  While many private or charter schools will accept and nurture all children, an expansion of funding into schools who would reject or suppress student freedom and identity is disturbing.

Special Needs Voucher

In February 2016, SB 615 passed with Compromise Voucher Funding Amendment, permitting a child with a disability to apply for a $12,000 voucher and attend a private school.  Only students with IEPs who have been attending a public school for the previous year and were declined to enroll in a different public school through the open enrollment program are eligible. There is no income requirement. Similar laws had been debated before, but failed because private schools do not have to follow the same rules as public schools with regards to students with special needs.  In one of the voucher expansions this year, it passed.

Implications for Wisconsin Public Schools:  According to Molly Beck of the Wisconsin State Journal, more than 400 students with disabilities are expected to attend private schools using taxpayer-funded vouchers, resulting in a $5 million reduction in state funding for public school districts (June 28)  This follows a June 24th Beck article that states the amount of state money spent on each student using a private school voucher has increased by about 14 percent since 2010,while, at the same time, the amount of money the state spends on each public school student has decreased by about 4 percent.

This Tweet from the MacIver Institute, a Wisconsin-based conservative think tank, sums up one side,  “This system is no longer going to deny children the educational options that they so richly deserve,”  and this Tweet from Democratic Representative Peter Barca sums up the other side, “Assembly Democrats are now speaking out against #SB615, which will gut millions more from WI public schools.”

Connection for English Language Arts/ NCTE:

Repeated NCTE position statements urge schools to employ certified and licensed teachers who know and understand the students, content, and standards they are teaching.  While many students with Individual Educational Plans will need minimal additional assistance, there are many that will need extensive and specialized help.  Schools who accept learners have an obligation to meet student needs in order to have student fully develop the literacy skills.

SAGE Program Ends

Student Achievement Guarantee in Education (SAGE) funded schools with low-income students in kindergarten through third grades to keep class sizes small. A twenty-year old Wisconsin Department of Public Instruction initiative, it has been ”shown to raise achievement and graduation rates, especially among black students.”  Specifically, according to a Value- Added Research Center Report of the UW-Madison, compared to non-SAGE students and schools, SAGE  had positive effects on kindergartner’s reading academic growth, K-2 math and reading academic growth, 9th and 10th graders staying in school, and fewer disadvantaged students dropping out.  The Legislature replaced the program with one that allows instructional coaching for teachers and one-on-one tutoring for students instead.

Effects on Wisconsin Schools:

According to WisconsinWatch.org, “The state Department of Public Instruction charged [this change]  will “dilute” the positive impact of the program.  It is notable that SAGE schools had a higher proportion of African-American students, a higher proportion of economically disadvantaged students, and a lower proportion of white students than non-SAGE schools (UW).  This program was viewed by many as a key effort to reduce the achievement gap.

Connection for English Language Arts/ NCTE:

In April of 2014, NCTE’s “Why Class Size Matters Today” states, “Overall, research shows that students in smaller classes perform better in all subjects and on all assessments when compared to their peers in larger classes.”  In addition, the 2015 NCTE Education Policy Platform states, “Equity is essential to meet America’s promise of equal opportunity for all citizens.” Cutting a program proven to help close achievement gaps does not further equity.

Milwaukee Schools Face Tumult

An outgrowth of a state law drafted by Republican Sen. Alberta Darling of River Hills and Rep. Dale Kooyenga of Brookfield and passed as part of the 2015-’17 state budget created the Opportunity Schools and Partnership Program (OSPP), which critics refer to as the Milwaukee Public Schools (MPS) Takeover Plan. In this plan, a Commissioner appointed by the Milwaukee County Executive and operating independently from the Milwaukee School Board could target five failing schools for radical governance changes.  The first commissioner, Demond Means, a nearby superintendent and MPS grad, resigned June 29, citing an adversarial environment that “is the last thing our children need” (source). As a result, the head of the state Senate, Scott Fitzgerald, said lawmakers may cut the budget for Milwaukee Public Schools because of the local resistance to OSPP.

Background: The Wisconsin Department of Public Instruction (DPI) has identified 55 Milwaukee Public Schools that fail to meet expectations, representing 83.3 percent of all “failing” schools in Wisconsin. This takes place in a complex city, named #6 in Forbes 2015 Top 10 dangerous cities, where 80 percent of the students are on free or reduced lunch.  Milwaukee has one of the oldest-running voucher programs, starting in 1990.

Proponents of OSPP point to the challenging statistics in Milwaukee, arguing since 90% do not read on grade level and 75% do not attend school regularly, something must be done.  They point to Milwaukee charter school successes and tout market reform.  Opponents of OSPP say that charters scores are not better than public schools, and assert charters dismantles and privatizes the public school system, removes local control, furthers inequity as more English language learners and students with disabilities remain in public schools,  and is part of a biased system where white legislators remove authority granted by black voters.

Connection for English Language Arts/ NCTE:

NCTE Policies, including the 2016 Education Policy, affirm innovative approaches to education, and the OSPP is a step to try to answer the complex needs of the school children of Milwaukee.  The statement continues: “Regardless of neighborhood, family circumstance, or personal situation, all students have a right to fully qualified teachers and to classrooms and curricula that enrich their lives and provide a foundation for growth as productive citizens,” which is a goal for the OSPP.  However, community, schools, and teachers must have part of the educational decision making, which the OSPP takes away, and they must have funds, which are threatened.  The complexity of Milwaukee demands greater wisdom and selflessness.

Wisconsin sees increased teacher shortage.

Wisconsin’s teacher pool is dwindling.  In 2015, there were an average of 3.2 candidates per vacancy, down from 6.6 candidates in 2012, according to Wisconsin Education Career Access Network data.  State Rep. Jill Billings reports in the  LaCrosse Tribune,  “A few years ago, schools that were able to get 150 applications for an open position are now seeing 30 to 50 applications instead.”  Fox6Now includes substantiating specifics: In the Mequon-Thiensville, the district has an average of 16.9 applicants per vacancy, down from 31 applicants in 2012, the data indicate.

Enrollments in Wisconsin teacher preparation programs are down, from 12,323 students in 2008-’09 to 8,887 in 2013-’14, the most recent year available (source).  Viterbo University of La Crosse saw a drop in education enrollment from 121 students in spring 2011 to 60 students in the spring of 2015. The University of Wisconsin-La Crosse saw overall enrollment increase from 2011 to 2014, but in the same years education saw a 10 percent drop (source).  Among the state’s teacher preparation programs, the University of Wisconsin-Oshkosh saw the steepest enrollment decline, at 1,526, or 70%, since 2008-’09. Same source)

It is also increasingly hard to retain teachers, with many teachers leaving at the five or six year mark.   In the 2014 school year, only about 4 in 10 Wisconsin school districts had teaching staffs with on average at least 15 years’ experience — down from 6 in 10 in the 2011 school year.

 

Connection for English Language Arts/ NCTE:

NCTE has repeatedly signalled a value for highly trained teachers (among them, a 2004 Guideline to Prepare Teachers with Knowledge on Child and Adolescent Lit; 2005 CEE Position about Technology; 1998 Resolution on Licensure).  Wisconsin and the nation must consider and abate factors that are leading to teacher shortages.

State Superintendent Remains Independent

Wisconsin lawmakers passed Act 21 in June of 2011, which vests  the Governor’s office power to enact, amend and enforce administrative rules.   Administrative rules have the same force and effect as statutory laws passed by the legislature.  Governor Walker interpreted this act as giving him final say on administrative rules related to public education.  The Wisconsin Constitution, however, puts the supervision of public instruction in the hands of the state superintendent, and the conflict resulted in Coyne vs Walker, which was decided 4-3 by the Wisconsin Supreme Court in favor of Coyne in late May.  This is the second time in twenty years the Wisconsin Supreme Court has ruled to assert that the office of superintendent has  constitutionally vested powers to create and implement its own policies.

Background:  Supporters of Coyne argue that Act 21 was a purposeful diminishment of public education by Governor Walker, who wrangled with Evers over his adoption of the Common Core State Standards, his opposition to the expansion of the state’s school voucher system, and how to rate schools under the state’s accountability system.  Supporters assert the State Superintendent is an elected position, and if the superintendent is not doing the will of the people, will not be elected again.  Supporters’s views of Walker can be found in Rick Esenberg, president and general counsel of the conservative legal group Wisconsin Institute for Law and Liberty, who lamented the court’s ruling Wednesday, saying “the superintendent’s power to make regulations has ebbed and flowed over time, presumably in a constitutional manner. Therefore, the superintendent does not need unchecked rule-making authority to fulfill his/her constitutional duties.”

Connection for English Language Arts/ NCTE:

One of the first NCTE positions in 1970, Involving Teachers and Students in Decisions Regarding Educational Accountability,  states, “Resolved, that teachers and students, the parties most crucially involved in the learning process, be actively involved with state and local school administrators, school boards, community groups, and parents in making decisions regarding accountability structures and procedures.”  Direct election of a State Superintendent allows greater involvement of the public in ensuring good schools.