Category Archives: Virtual Schools

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The Bigger Picture

I wrote earlier this week about the continued existence of the Tennessee Virtual Academy operated by for-profit vendor K12, Inc. The school operates year after year despite repeated failures and disappointing results.

This Education Week story offers some insight into the bigger picture of online education and for-profit operators. The bottom line: These companies spend millions lobbying and making campaign contributions so they can gain access to public dollars. Then, they fail to deliver results. In fact, some would argue that’s the business model: Take all the money they can, then do as little as possible for kids.

Here’s the portion of the Education Week piece focused on the Tennessee experience:

Those issues are not unique to online charter schools—full-time online programs run through school districts have run into many of the same problems. And especially for a small, rural school system, the opportunity to enroll students in their district from across the state can offer a powerful financial incentive.

Take, for example, Tennessee, where K12 Inc. has spent between half a million and $1.1 million hiring lobbyists over several years. One of them was chief of staff to former Tennessee governor and current U.S. Sen. Lamar Alexander, who is the chairman of the education committee in the Senate.

The state passed a virtual school law in 2011 that mirrored model legislation written by The American Legislative Exchange Council, or ALEC, an influential conservative think tank. A few schools opened up, including one run by K12 Inc. through a poor, rural school district in the northeastern part of the state.

Since then, K12’s Tennessee Virtual Academy, whose enrollment at one point ballooned to nearly 2,000 students, has been one of the worst-performing schools in the state ever since, but has so far managed to avoid being shut down.

Both Democratic and Republican lawmakers have proposed bills that would have shuttered failing virtual schools. One, sponsored by a Democrat in 2013, was killed in committee, even after the lawmaker produced a leaked email from a K12 Inc. staff member that appeared to instruct teachers to change students’ grades. Lawmakers did go on to approve a bill that session that gave the state education commissioner the power to close a failing virtual school after three consecutive years of poor performance, but they struck language from the bill that would have capped enrollment.

Republican state Senator Dolores Gresham—who sponsored the original legislation to allow virtual schools—introduced a bill in 2015 that would have also cracked down on failing virtual schools, but it never came to a vote.

That same year, Gresham also sponsored a bill to extend the state’s virtual school program through 2019.

That one passed.

When Kevin Huffman, a former state education commissioner, tried to shutter the Tennessee Virtual Academy with the authority given to him under that 2013 legislation, it devolved into a years-long saga. Parents sued state officials to keep the school open and a judge ruled in their favor. The school could stay open through the 2015-16 academic year.

Then K12 Inc. caught another break.

A botched roll-out of Tennessee’s computerized testing system in 2015-16 forced officials to toss out all student testing data. That extended the life of the Tennessee Virtual Academy another year.

K12 Inc. said the school has persisted not because of lobbying on behalf of the management company, but because it should never have been targeted for closure in the first place. Although company officials acknowledge that the Tennessee school has struggled academically, they say the school was unfairly singled out by state education officials.

The experience led Huffman, a staunch supporter of charter schools who is now a fellow at New America, a Washington-based think tank, to shift his stance on full-time online schools and for-profit companies that run them.

“I don’t see evidence of for-profit models that work,” he said in an email to Education Week. “Theoretically, a for-profit operator could run effective schools, but in practice, the top charter school operators are all non-profits, and I don’t think it’s accidental.”

As I noted in an article years ago, this is one more example of the battle between money and kids. Guess which priority wins?

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An Actual Failure

The Tennessee Virtual Academy, run by K12, Inc. may be a virtual school, but in terms of student achievement, it is an actual failure.

I’ve written about TNVA before. Back in 2014, then-Commissioner of Education Kevin Huffman recommended that the school be closed due to persistent low performance.

Now, legislation extending the state’s Virtual Schools Act — and therefore, the life of TNVA — has been filed.

While a number of districts operate effective, high-quality virtual schools, the program affiliated with Union County Schools and operated by K12, Inc. is not among them. Instead, the school is a persistent low-performer.

Let’s take a look at the State Report Card data for TNVA:

The overall success rate of the school is 27.9% — 12 points below the state average. This measures the number of students who are on-track or have mastered state standards. That’s actually a decline of more than 3% from last year.

TNVA also has seen declines of more than 5% in ELA and Science. The math score has declined by nearly 2% and sits at 14.% while the state average is 33%.

In terms of student academic growth, TNVA scores a 0.1 out of 4. Not quite a ZERO, but pretty damn close.

On the other hand, 13.4% of their students are “chronically out of school,” meaning they miss 10 percent or more of all school days. That’s an increase of more than 3% over last year.

Here’s the deal: TNVA hasn’t worked and isn’t working. It’s not entirely clear why TNVA hasn’t been made a “priority school” and subsequently taken over by the Achievement School District (ASD).

Commissioner Huffman got a lot wrong during his time in Tennessee, but even he knew TNVA wasn’t working. That was in 2014. Now, it’s 2019, and the school still isn’t working. Meanwhile, TNVA is clinging to life while K12, Inc. clings to Tennessee tax dollars. Should they get another four years?

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A Broken System

A former Memphis principal writes about a broken accountability system in Tennessee:

We set goals for students to meet 100 percent college readiness, but we don’t align our resources and professional development to help teachers to attain it.

We force teachers to use resources that are not useful because they come with perks and personal gains to the district level administrators.

We promote students to the next grade when they do not meet the standards and expectations of their current grade.

We develop compensation structures based on a mythical system of accountability and achievement goals we know we can’t attain.

He writes more and it’s worth a read.

Similar evidence of a broken system can be found in MNPS, where students in some schools are shuffled into virtual classes due to a teacher shortage that still hasn’t been solved.

His is the frustration expressed by many teachers, parents, and administrators around the state: We set goals, but don’t align our resources to meet those goals. Our state’s BEP is underfunded by some $500 million, we haven’t (yet) funded Response to Intervention, and TNReady has yet to have a successful year. Oh, and to top all of that off, our teachers are paid significantly less than similarly prepared professionals.

Mackin’s voice should be heard — and policy makers should respond not with words, but with action.

For more on education politics and policy in Tennessee, follow @TNEdReport


 

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Virtual Equality?

As the school year began, I wrote about how students at some MNPS high schools were forced into online classes due to a teacher shortage. This impacted students primarily at Antioch, Whites Creek, and Cane Ridge High Schools. According to my sources, it’s still going on to some degree. That is, actual teachers haven’t been found to fill many of the positions that were empty at the beginning of the year. So, the students are taking courses from Edgenuity.

Here’s what I noted about Edgenuity at the time:

Here’s a review of materials developed by Edgenuity for grades 9-12 ELA done by the Louisiana Department of Education. Here’s the short version: Edgenuity received a Tier III (the lowest) rating for the quality of the materials it provided to students for grades 9-12 ELA.

Here’s what Louisiana had to say about Edgenuity’s 6-8 math materials. Also an overall Tier III rating, but mixed reviews depending on grade level and specific learning objective.

Now, there’s a court case about whether virtual classes provide a “substantially equal” educational opportunity for students.

Education law professor Derek Black notes:

The Tennessee Court of Appeals has taken up a fascinating issue regarding students’ access to teachers.  The problem could only arise in the brave new world of computers.  In short,  a student at a Tennessee high school had fallen behind in algebra and end-of-grade assessments were looming.  The school pulled the student  out of the class and placed the student in a computer based credit recovery program.  Apparently, this occurred with several other students.  The student claims that the school did this to help increase its standardized test scores.

The disputed issue in the case seems to be a narrower one: do students have the right to access a teacher?  The plaintiff says yes.  The school’s attorney says no.

And here’s Black’s analysis of the legal issue at hand:

The Supreme Court in  Tennessee Small School Systems v. McWherter, 851 SW2d 139 (1993), held that students have a constitutional right to “substantially equal educational opportunities.”  The underlying facts in the case involved disparities in teacher salaries across the state.  Consistent with the overwhelming social science consensus, the court indicated that “teachers, obviously, are the most important component of any education plan or system.”  Because salary disparities resulted in students having unequal access to teachers, the Court ordered the state on more than one occasion to remedy is system of funding teacher salaries across the state.

So while state statutes may not create any specific property interest in access to a teacher, the state constitution creates a right to equal educational opportunities, which teachers are the most important part of.

And that’s why the situation at these schools is so interesting. The students at Antioch, Cane Ridge, and Whites Creek didn’t sign up for or choose virtual education. They were not offered the same or similar educational opportunity as students at other MNPS high schools — that is, students at most MNPS schools were assigned to an actual teacher who appeared in-person every day to provide instruction. These students were denied that opportunity and assigned to a program of questionable quality.

Why did this happen? One factor (though certainly not the only one) is teacher salaries. Teacher pay in MNPS is simply not competitive relative to the cost of living. It’s definitely not competitive relative to similar districts around the country.

The teacher salary issue is an important one, because it is the issue that drove the Small Schools court decision. In fairness, teachers at Antioch, Cane Ridge, and Whites Creek earn the same salaries as any other Nashville teachers. However, Nashville’s inability to adequately staff schools creates substantially unequal educational opportunity across the district. In fact, the district cited lack of adequate state resources as one reason it joined Shelby County in suing over BEP (Basic Education Program) funds.

It’s difficult to argue that students who signed up for and planned to attend traditional classes and then were forced into online learning were provided educational opportunities that are “substantially equal” to their peers at schools where this did not happen.

How this will be addressed remains to be seen.

For more on education politics and policy in Tennessee, follow @TNEdReport


 

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What Did They Just Do?

The Tennessee General Assembly today passed a bill to create a voucher system for students with IEPs. The plan was limited from its original scope to only apply to the most severe cases.

The vote in the House was particularly close, with 52 representatives voting in favor — 50 are required for passage.

What does the bill do?

If you ask the sponsors (and a number of members did), they really don’t know. Essentially, the legislation (HB138) creates individual education accounts of around $6600 to be provided to the parents or guardians who meet the qualifications in the amendment. They must have an IEP. Around 18,000 students (those with autism, blind or deaf, mental disabilities, and orthopedic disabilities) qualify.

A similar program in Florida, started in 1999, has been expanding rapidly. And, it’s been subject to fraud. When asked about what safeguards Tennessee’s plan will have, the sponsors said that the bill calls on the departments of education and health to qualify vendors. When asked what standards may be used to qualify vendors, the sponsors said they didn’t know.

When asked if the money will be distributed as a debit card or a bank account or a voucher, the sponsors didn’t know.

An important element of the bill is that any parent/guardian who accepts the voucher MUST forfeit their rights under the Individuals with Disabilities Education Act. That’s a pretty big deal. When asked what rights, exactly, parents would be forfeiting, Rep. Roger Kane, a co-sponsor, said, “They are all listed in the IDEA.”

Indeed they are. And it’s pretty important. The rights include:

The right of parents to receive a complete explanation of all the procedural safeguards available under IDEA and the procedures in the state for presenting complaints

Confidentiality and the right of parents to inspect and review the educational records of their child

The right of parents to participate in meetings related to the identification, evaluation, and placement of their child, and the provision of FAPE (a free appropriate public education) to their child

The right of parents to obtain an independent educational evaluation (IEE) of their child

The right of parents to receive “prior written notice” on matters relating to the identification, evaluation, or placement of their child, and the provision of FAPE to their child

The right of parents to give or deny their consent before the school may take certain action with respect to their child

The right of parents to disagree with decisions made by the school system on those issues

The right of parents and schools to use IDEA’s mechanisms for resolving disputes, including the right to appeal determinations

Depending on the child’s disability and a school system’s ability, the parents may be entitled to provision of services by private providers at school system expense. The advantage being that there is accountability to the LEA for providers offering the services.

So, forfeiting one’s IDEA rights is a big deal. And it could mean kids are not well-served by private providers.

An analysis of similar programs across the country found that none of them were subject to state testing to determine student outcomes and that accountability provisions were weak or non-existent. This analysis also noted that as early as 2003, Florida realized its 4-year-old program was subject to fraud. But this 2011 report highlights significant fraud ongoing in the expanding Florida program.

Just a four years ago, Tennessee authorized the creation of the Tennessee Virtual Academy operated by for-profit provider K-12, Inc. At the time, Senator Andy Berke warned of K-12, Inc.’s problems in operating virtual schools in Arizona. He asked how we could be sure there wouldn’t be fraud in Tennessee’s virtual school operated by K-12. The sponsor, Senator Dolores Gresham, said that the accountability would be built-in by the rules.

Yesterday, after $43 million spent on K-12, Inc. in Tennessee, Senator Gresham led the opposition to a last-ditch effort to keep K-12, Inc. open. To her credit, this was an admission that the experiment she had championed had failed. Gresham correctly noted that the Tennessee Virtual Academy was the worst performing school out of 1700 Tennessee schools.

Here’s the problem: Tennessee taxpayers won’t get their $43 million back. More importantly, the children who were poorly-served by TNVA can’t get their time back. They will return to other education environments behind their peers and possibly unable to complete school.

If the IEP voucher program fails, what will happen in two or three or four years to the children who were in the program? How will we ensure the accountability measures work for this program when they failed miserably for TNVA? And if the argument is that they worked for TNVA because the school is closing now, what happens to those kids who might lose years of their lives to a failed experiment?

What did the Tennessee General Assembly just do?

For more on education politics and policy in Tennessee, follow @TNEdReport

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Killing K-12, Inc.

I wrote earlier about legislation filed this session that would extend the life of failing Tennessee Virtual Academy (TNVA) operator K-12, Inc.

Now, legislation has been filed that would effectively kill K-12, Inc. in Tennessee.

HB 1331/SB 1363 by Rep. Mike Stewart and Sen. Jeff Yarbro, both of Nashville, would have the effect of ending K-12, Inc.’s reign as an unchecked operator of a failing virtual school.

Here’s the basic language of the bill:

Local Education Agencies – As introduced, prohibits an LEA from contracting for services with a nonprofit or for-profit operator or manager of a virtual school if the contract requires the LEA to pay more per pupil for students in the virtual school than the operator or manager charges individual students for its services. – Amends TCA Title 49, Chapter 16, Part 2.

Union County is the LEA “home” of the Tennessee Virtual Academy, a school that has been among Tennessee’s lowest performing since its opening. K-12, Inc. operates the school and does so at an apparent profit.

Interestingly, in Wednesday’s Senate Education Committee meeting, Sen. Todd Gardenhire of Chattanooga brought up virtual schools during a presentation on Pre-K that had nothing to do with virtual schools.

Gardenhire repeatedly asked if online instruction, such as that offered through a virtual school, would be the most appropriate option for a student diagnosed with Autism. When the representative from the Tennessee Department of Education said that it would depend on the quality of the virtual program, Gardenhire persisted, accusing the TN DOE of hedging on the issue.

Gardenhire asked if it was appropriate to close a virtual school that might be the only option for an Autistic child.

This line of questioning was interesting not just because it was irrelevant to the topic at hand. It also outlines a likely line of argument proponents of K-12, Inc. such as Gardenhire and Senate Education Committee Chair Dolores Gresham will use in defending the school’s continued operation in the state.

To be clear, the legislation filed by Stewart and Yarbro will not close all virtual schools. Districts are free to operate their own virtual schools that comply with the legislative language. The virtual school operated by MNPS would qualify, for example. But, the bill would close the TNVA — an entity that has both drained taxpayer dollars and failed to serve students during its time in operation.

More on K-12, Inc. in Tennessee:

Cash vs. Kids?

K-12, Inc. faces Tennessee Trouble

For more on education politics and policy in Tennessee, follow @TNEdReport

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Virtually Unchecked

The Virtual Public Schools Act, which authorized the creation of the Tennessee Virtual Academy run by K12, Inc. is set to expire this year.

Already, legislation (HB 4) has been filed to extend the Act until 2019. No Senate companion yet exists, but it seems likely that K12, Inc.’s top legislative champion, Senate Education Committee Chair Dolores Gresham, will carry the bill in the Senate.

The Tennessee Virtual Academy has come under fire the last several years as its students have posted the lowest scores in academic achievement in the state. The situation is so bad that this year, former Commissioner of Education Kevin Huffman recommended the school not be allowed to enroll additional students.

The Union County School Board (the system that hosts TNVA) denied that request and collected a check from K12, Inc.

I’d anticipate significant pushback this year against any unchecked continuation of K12, Inc.’s operation in Tennessee. That said, both legislators and Governor Haslam have expressed concerns in the past only to see K12, Inc. continue with business as usual.

Will K12’s lobbyists be successful this year, or will this legislative session finally put a cap on the unchecked growth of TNVA?

For more on education politics and policy in Tennessee, follow @TNEdReport

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Ravitch: Ed Reform is a Hoax

Education scholar and activist Diane Ravitch spoke at Vanderbilt University in Nashville last night at an event hosted by Tennesseans Reclaiming Educational Excellence (TREE), the Tennessee BATs (Badass Teachers), and the Momma Bears.

Ravitch touched on a number of hot-button education issues, including vouchers, charter schools, teacher evaluations, and testing. Many of these issues are seeing plenty of attention in Tennessee public policy circles both on the local and state levels.

She singled out K12, Inc. as a bad actor in the education space, calling the Tennessee Virtual Academy it runs a “sham.”

Attempts have been made to cap enrollment and shut down K12, Inc. in Tennessee, but they are still operating this year. More recently, the Union County School Board defied the State Department of Education and allowed 626 students to remain enrolled in the troubled school. The reason? Union County gets a payoff of $132,000 for their contract with K12.

Ravitch noted that there are good actors in the charter sector, but also said she adamantly opposes for-profit charter schools. Legislation that ultimately failed in 2014 would have allowed for-profit charter management companies to be hired by Tennessee charter schools.

On vouchers, an issue that has been a hot topic in the last two General Assemblies, Ravitch pointed to well-established data from Milwaukee that vouchers have made no difference in overall student performance.

Despite the evidence against vouchers, it seems quite likely they will again be an issue in the 2015 General Assembly. In fact, the Koch Brothers and their allies spent heavily in the recent elections to ensure that vouchers are back on the agenda.

Ravitch told the crowd that using value-added data to evaluate teachers makes no sense. The Tennessee Value-Added Assessment System (TVAAS) has been around since the BEP in 1992. It was created by UT Ag Professor Bill Sanders. Outgoing Commissioner of Education Kevin Huffman made an attempt to tie teacher licenses to TVAAS scores, but that was later repealed by the state board of education. A careful analysis of the claims of value-added proponents demonstrates that the data reveals very little in terms of differentiation among teachers.

Ravitch said that instead of punitive evaluation systems, teachers need resources and support. Specifically, she mentioned Peer Assistance and Review as an effective way to provide support and meaningful development to teachers.

A crowd of around 400 listened and responded positively throughout the hour-long speech. Ravitch encouraged the audience to speak up about the harms of ed reform and rally for the reforms and investments our schools truly need.

For more on education politics and policy in Tennessee, follow @TNEdReport

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Cash vs. Kids?

The Union County School Board voted unanimously last night to allow 626 students to remain enrolled in the Tennessee Virtual Academy, a joint project between Union County Schools and K12, Inc.

The decision comes in the wake of a recommendation by Education Commissioner Kevin Huffman that the students be un-enrolled due to the poor performance of the TNVA.

Following that recommendation, parents and some state legislators appealed to the Governor’s office to ask that Huffman’s recommendation be reversed.

It’s worth noting that Union County Schools receives a 4% administrative fee for their part in the program.  Based on numbers in this article, that would mean a total of $132,000+ for Union County Schools if the students remain enrolled.

So, instead of giving the Virtual Academy time to improve its processes so that it may better serve future students, Union County took the money (from state taxpayers) and allowed the students to enroll in one of the worst-performing schools in the state.

What happens to those 626 students if they are served as poorly as the students enrolled in TNVA in previous years? Will any of the $132,000+ Union County collected for this decision be used to help them catch up?

This is definitely a situation to watch going forward.  One would hope that K12 will improve and provide a better service. But there’s certainly legitimate concern based on their track record.

 

For more on Tennessee education politics and policy, follow @TNEdReport

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K12, Inc. Faces More Tennessee Trouble

The Tennessee Virtual Academy, operated by K12, Inc. and Union County Schools, is facing trouble as it seeks to allow 626 students who have enrolled to begin classes there.

The problem is that Education Commissioner Kevin Huffman issued an order preventing TNVA from enrolling new students pending additional monitoring of the school. For the past two years, students at TNVA have been performing at among the lowest levels of any students in the state.

State education officials and legislators have expressed concerns about this performance and TNVA and K12 have indicated they are working to improve.

Until the school shows improvement, though, Huffman wants to prevent further enrollment.

The Knoxville News Sentinel has the full story on a group of parents and legislators who made an appeal to officials with the Governor’s office to reverse Huffman’s decision and allow the students to continue in the school this year.

If the decision by Huffman is not reversed, the students who signed up for TNVA may enroll in schools in their home districts or seek other educational options.

 

For more on education politics and policy in Tennessee, follow @TNEdReport