C4DC Statement on PCSB request for Additional Funds for Charter Teacher Pay

April 25, 2023

This statement follows up on our letter in January (copied below) regarding the request by charter schools for additional funds as a result of the WTU contract.  (also see this letter from PCSB Executive Director forwarded from Council)

 Charter school families and staff have been told that the Mayor’s budget underfunds charter schools by 187 million dollars.  There is no breakdown for this figure nor is there public information on each charter to validate it.   The issue of teacher pay and retention in the charter sector is important, as it is with DC Public Schools.  However, we feel the families and staff have been misinformed by the Charter School Alliance with the claim that charter schools have been underfunded for this large amount.  

 Charter school communities have been asked to advocate directly to the Council to address this wrong.  Given the structure of DC’s governance with regards to charter schools and the education sector as a whole, a more apt ask would have been for educators, students, parents, and other stakeholders of our local charters to approach the governing board of their own charter school or LEA to find out the process and basis for teacher pay and their school’s budget. DCPS teachers negotiated with their LEA leadership on pay and working conditions.  Trying to apply a full retroactive pay increase to charter teachers based on a negotiated contract between the WTU and DCPS sets a problematic precedent as a way to address equity. The two sectors are not equal.  They have different responsibilities. DCPS serves all comers in their neighborhood schools. There is no equity within the charter sector on teacher compensation.  Some LEA’s awarded raises and have higher pay, others have much lower pay.   

Charter schools have fought to protect their autonomy and their right to govern themselves and to allocate each of their budgets as they see fit.  There are now 69 different charter LEA’s operating 135 public charter schools.  They all allocate their resources differently and at their own discretion. Each LEA chooses how many staff and teachers to hire, how much to pay their teachers, when to give increases, what the benefits are and what the working conditions are.  Except for Munde Verde, none of their teachers are represented by a labor union.  The District of Columbia does not have a minimum pay requirement for teachers.  

It is our position that the proposal of the Mayor to provide a process to charter schools to use public dollars to apply for retroactive pay for their educators is generous, especially in light of the District’s tight budget.  There are also funds for raises.  If the Council decides to go forward with any retroactive compensation and a pay increase for charter teachers, the following issues must be addressed:

• This should not be about funding the charter sector or the widely differing LEA’s but about addressing pay directly to educators.  Thus the retroactive  payment cannot be an addition to the UPSFF

• Many, but not all, charter school educators have comparatively low pay – this could be remedied by a Council required floor for educator pay. 

• The definition of an educator should be the same for both sectors.  

• The salary of every DCPS employee including teachers is a matter of public record and is in the schedule A.  Charters are public schools funded by public money.  The salary structure and scale should be public including starting pay, how raises are determined etc.  This should be a requirement for receiving any funds.

• Charter school educators should be allowed to organize for union representation if they wish without being threatened.  Thus, charter schools should be prohibited from spending money to intimidate educators or staff from organizing a union as required by the National Labor Relations Act.  

 Additionally, with regard to the Education budget, the Council needs to correct the misinformation in the recent letter to each of the Council Members from Michelle Walker- Davis that makes reference to the Facilities Allowance (FA).  “Many questions have surrounded the facilities allotment for public charter schools. As nonprofits, public charter schools are responsible for funding every aspect of their campus including facilities acquisition and maintenance.” 

In calculating facilities expenditures, the charter sector claims that the FA is meant to include both capital related expenditures (long term leases and major facility improvements) as well as annual operating and maintenance costs. This was never the case, as the UPSFF was always meant to include the cost of custodians, utilities, and regular maintenance and repairs.  This is why DCPS covers these costs with its UPSFF.  

In DC our public schools operate in a competitive market.  We urge the Council to be careful and discerning in how they evaluate equity and advocacy.

C4DC – Coalition for DC Public Schools and Communities
http://www.c4dcpublicschools.org/ 

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TO:  D.C. Council Members, Mayor Bowser, Deputy Mayor Kihn 
FROM: Coalition for D.C. Public Schools and Communities 
RE: Opposition to charter operators 12-17-22 funding request 
DATE: January 12, 2023 Dear Members of the DC Council, Mayor Bowser, Deputy Mayor Kihn,

We write on behalf of the Coalition for DC Public Schools and Communities to object to the recent request by charter operators to receive additional funding, for the reasons listed in the paragraphs below.  The Washington Teacher’s Union (WTU) recently completed collective bargaining with the District of Columbia. Nearly 3,500 DCPS teachers and other WTU members approved a new contract that will increase pay. This new contract which goes through this year also provides WTU members with a 12% retroactive raise for the past three years including a 4% raise for the current school year.  To fulfil that contractual obligation, the District will allocate funds to DCPS which must be paid directly to the 5,674 members in the WTU. 

In a letter to the Council and Mayor sixty of D.C.’s sixty-eight charter operators requested that the Council and Mayor allocate an equivalent per pupil payment to charter LEAS.  The Mayor and Council should not make a payment to charter local education agencies (LEA) in 2023 based on the WTU retroactive payments to DCPS teachers because:  

There is no legal obligation to do so. DC Council has the legal authority under the Home Rule Act to decide to provide funds pursuant to the School Reform Act that benefits DCPS outside of the Uniform Per Student Funding Formula (UPSFF).  Although the Mayor and City Council provided additional funding to charter LEAs for retroactive funding tied to the 2017 WTU contract, they noted this was unprecedented.  The dismissal of the charter funding lawsuit in 2019 and the prior decision by the federal district court and the briefing in that lawsuit by the DC Attorney General, the General Counsel for the DC Council, and DC education advocates as friends of the court make clear that there is not a legal obligation for the City to do so.   

Charter teachers are not in the Washington Teachers Union. Each charter private non-profit Board of Directors sets the working conditions, pay, and benefits for their teachers. This is a significant difference between the two sectors, with the charter sector having explicitly fought for the right to operate as private nonprofits without unions.  The provision for retroactive pay is a benefit hard won by the WTU, and an important obligation of the District as a party to one of their most important labor contracts. The city will undermine its public sector employees and the organized labor sector if it pays union won retroactive benefits to charter LEAs that are not part of the union’s collective bargaining unit and therefore have no obligation to adhere to any provisions in the contract. 

The Uniform per Student Funding Formula (UPSFF) will increase starting in FY2024 as a result of the WTU negotiation.  Charters will benefit in the future from the WTU contract, since it necessitates an increase in the UPSFF base formula funds that reflect the agreed upon higher pay that will go to every student in both sectors.  DCPS must pay the retroactive salary increases and bonuses directly to the teachers.  The amount is not an increase in the DCPS LEA budget, as it would be for charters, if the request in their letter is honored.  

Many charter LEAs have sufficient funds to give their teachers retroactive pay raises if they choose to do so. The charter LEAs as a group in D.C. had accumulated unrestricted cash assets of $420 million by the end of FY2021.  Unlike DCPS, a city agency, charters retain funds from year to year.   Operating revenues continue to increase more than operating expenses, according to the DC Public Charter School Board’s FY2021 Financial Analysis Report.  If charter LEAs want to give their teachers pay raises for 2019-2022, many have the funds to do so.   

The additional and significant payment requested by charter school LEAs is unnecessary and precludes providing funding for other important needs for young people, such as for mental health and safety supports, out of school time opportunities, digital equity, and music and art programs.  The request by charter LEA’s for a one time payment in FY23 should be denied.    

C4DC – Coalition for DC Public Schools and Communities
http://www.c4dcpublicschools.org/ 

Dear Members of the DC Council,

December 8, 2021

We support the request from Dr. Betsy Wolf in her letter to many of you dated November 24, 2021.The request is for you to: 

• Require DCPS to provide immediate information about FY23 school budgets using the new budget model via either request or emergency legislation by Dec. 17, 2021. 

• Both this budget information and  the formulas on which the calculations are based, should be public now.

• The information you request should project the same detail as to the amounts that will appear in the budgets when they are sent to the schools.

The Council has pushed for greater transparency. DCPS has pledged greater transparency. Compliance with this request will enable adjustments to be made to the model prior to the release of the actual school budgets to school communities in February. This should be standard practice, especially when transitioning to something this consequential. 

Even without the Mayor’s mark, DCPS has had to run simulations to gauge how it will work. The information you receive will be on the model and on how it will work. DCPS switched to the comprehensive staffing formula in order to solve problems with the student-based budgeting model (Weighted Student Formula). Unless there is greater care those shortcomings will be repeated. We understand that this work is difficult. It is our belief that it cannot be done well without more public input. 

The DCPS presentations to date do not address important questions. There is no particular provision for custodial or security personnel. Most funds, including those for librarians or programming outside of the particular ones listed, fall into the flexible funds category. Will these positions end up competing with providing adequate teaching staff or administration?   

In years past, neither LSATs nor the general public has had sufficient time to review school budgets, leading to confusion, frustration, and mistrust. We would like to see the Council hold DCPS and the executive to a timeline with 3 weeks for LSAT’s to be able to adequately consult with their communities. This will be especially important as everyone will be adjusting to a new model.  

An understanding of the new budget model prior to the release of the exact budgets is essential. If the public does not embrace the new model or the process by which DCPS has adopted it as fair, it will fall to you to do the engagement and repair work necessary. Now is a far better time to do this in partnership with DCPS.  

Sincerely,

Ward 2 Education Council
Ward 3 Wilson Feeder Education Network
Ward 4 Education Alliance
Ward 5 Education Equity Committee
Ward 6 Public Schools Parent Organization
Ward 7 Education Council
Ward 8 Education Council
21Century School Fund
DC Fiscal Policy Institute
Decoding Dyslexia
EmpowerEd
In the Public Interest
Senior High Alliance of Parents, Principals and Educators
Teaching for Change
Washington Lawyers Committee for Civil Rights and Urban Affairs
Washington Teachers Union
Education Town Hall Radio
WE ACT RADIO
Educationdc.net

C4DC Coalition for DC Public Schools and Communitieshttp://www.c4dcpublicschools.org/
https://www.facebook.com/c4dcpublicschools

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July 19, 2021

Dear Council Chair Mendelson,

We appreciate your continued support for stabilization of the DCPS school budgets and your understanding that schools cannot do their jobs without predictability. Education is built on relationships; known and valued teachers and administrators are not easily replaceable. 

We are deeply concerned that the commentary in the  COW July 1 BSA Recommendations title IV-A on page 135 and 136 misconstrues the law on the subject of the District’s authority to make equitable changes in the School Reform Act (SRA), including funding.  Charter advocates brought a lawsuit in federal court claiming the DC Council did not have authority to make any changes in the SRA or funding formulas, but their arguments were rejected by the federal District Court.  On appeal to the DC Circuit Court of Appeals, the federal appellate court dismissed the case for lack of jurisdiction, stating that there was no federal issue because the SRA is a local DC law that should be construed by DC local courts.  Significantly, the charter advocates never re-filed their case in DC Superior Court.

In the federal court litigation, the Council rightly supported dismissal making the compelling case for District authority. See here. Of course, the Office of the Attorney General also strenuously opposed the claimed limitations on District authority.  The Council clearly has such authority and has modified the law and made equitable funding adjustments in the SRA dozens of times since its enactment, often at the request of charter advocates.

Indeed, the Council taking the position even in this Committee commentary that it may not deviate or modify the SRA represents a breathtaking, unnecessary concession of Home Rule rights even as we passionately pursue Statehood. 

At the heart of this is the idea that all operational funding of DCPS and charter school must flow through the UPSFF. 

While the Committee supported the Executive’s eventual move to make school budgets whole, the Committee is concerned about the Executive potentially providing future stabilization or other funds to DCPS schools outside of the UPSFF. By law, the District is required to provide equivalent funding through the UPSFF to both DCPS and the charter sector, and if operating funds are provided outside of the UPSFF, the Executive is required to fund and provide funding to the charter sector. These same funds were provided to the charter sector. Thus, the Committee recommends limiting the stabilization authorization to provide stabilization funding outside the UPSFF to Fiscal Year 2022 to ensure that the School Reform Act is not violated. 

But that has never actually been the case, nor is it required.  Both DCPS and the charter sector receive funds outside of the UPSFF for operations.  This has been the case for many years, including in the current budget.  Meanwhile, far from being victims of the system, the charter sector has accumulated net assets of over $500 million $350 million of which is held as cash.  See Table 1 here.  Those net assets grow by $40 million to $50 million a year.

The commentary in BSA Subtitle COW-G is wrong on the law, unnecessary and reflects a dangerous concession of Home Rule rights.  Striking it need not change anything about the allocation of funds in the proposed budget.  It should be struck. 

To be sure, the questions about the law here and the best ways to ensure that all our schools, DCPS and charters, are fully and fairly funded are challenging.  As we emerge from the pandemic crisis, it is time to undertake a serious review of our approach.  We look forward to working with you on just that issue in the coming year.  In the meantime, please do not suggest in the BSA that the citizens of the District of Columbia cannot control how $2 billion of their tax dollars are spent or the approaches taken to the quintessentially local issue of how their children are educated. 

Sincerely,

Ward 2 Education Council (W2EC)
Ward 4 Education Alliance
Ward 5 Education Equity Committee
Ward 6 Public Schools Parent Organization (W6PSPO)
Ward 7 Education Council
Ward 8 Education Council  

21st Century School Fund
DC Fiscal Policy Institute
Decoding Dyslexia DC
EmpowerEd
Senior High Alliance of Parents Principals and Educators (S.H.A.P.P.E.)
Teaching for Change
Washington Lawyers Committee for Civil Rights and Urban Affairs

Educationdc.net

Cc:

Council Member Christina Henderson
Council Member Elissa Silverman
Council Member Anita Bonds
Council Member Robert White
Council Member Brienne Nadeau
Council Member Brooke Pinto
Council Member Mary Cheh
Council Member Janeese Lewis George
Council Member Kenyon McDuffie
Council Member Charles Allen
Council Member Vincent Gray
Council Member Trayon White
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January 17, 2021 Reopening Letter

Dear Chairman Mendelson,

While we are glad to see a Council roundtable on the Term 3 reopening of DCPS on January 21st at noon, we are concerned about the practice of limiting the witness list and its cost to our democratic process.  For the previous roundtable hearing on this topic in December 2020, a number of us signed up to testify and were not chosen.   We had worked in our wards to advertise the opportunity to testify and expand the range of other voices in the public discourse to the process.  A number of our neighbors who then registered were also not selected to speak and weren’t notified by the Council that they did not make the witness list.  This kind of experience diminishes confidence in the process and makes it especially difficult for us to draw in new voices to testify. 

On the notice for the January 21st Committee of the Whole meeting on the DCPS reopening, there is also this caution: "The number of public witnesses will be limited.” As representatives of the ward education councils and other citywide education-focused groups, we have been reaching out to our communities to enlist their participation  and we have these concerns:

We believe that there should not be any limit on the number of people who testify before you in person/via virtual conferencing. In the past, the Council has often extended a hearing or roundtable to another time if there were too many people to testify in the time allotted. As the COVID pandemic challenges our civic processes on many fronts, maintaining democratic voice is more critical than ever.  Please explain what the limits are and why they have been instituted.

We believe the idea of choosing which members of the public get to testify is antidemocratic and should never be used by elected representatives holding public hearings. Please explain what criteria are being used for choosing who will testify and, if inclusion in oral testimony is not based on the order of registration, please explain the basis. 

We believe public education hearings should be scheduled to optimize the participation of students, teachers, parents and school staff. These stakeholders have the most important voices as they are most directly impacted by school re-opening. Breaking up the testimony hours (e.g. ~2hours in the morning then resuming in the late afternoon) can facilitate maximum participation. Please explain how you intend to do that or, if not, a reason for not doing so

We value keeping you informed and the important role public hearings and roundtables have in our public process. Along with giving voice to the community, they create a record.

We look forward to working closely with you on education issues this year and to your answers to our questions, thank you

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January 11, 2021 Technology

The pandemic has highlighted the need to provide equitable technology access for all students as part of a 21st-century education. While DC made some progress last year in expanding computer and internet access, the city still lacks a multi-year plan and dedicated funding source to ensure that students and families have long-term access to technology and high-speed internet. 

On Jan. 11 a coalition of parents, educators and other education advocates, organized by Digital Equity in DC Education, sent a version of the letter below urging Mayor Muriel Bowser to follow through on her Empowered Learners Initiative’s commitment to provide a 1:1 student-to-device ratio and technology supports for DC Public Schools.

Dear Mayor Bowser:

As you finalize your fiscal year 2022 budget proposal, we urge you to prioritize investment in robust technology supports and infrastructure for DC Public Schools to address the digital divide that is leaving behind students, especially DC’s most vulnerable students. 

The pandemic demonstrated that technology learning tools, training and supports are critical to a 21st-century education and will continue to be integral to teaching and learning both inside and outside of the classroom as we enter the recovery period. Next school year our schools will face the difficult task of helping our most vulnerable students recover from learning losses and trauma experienced during the pandemic. It is incumbent on the city and DCPS to remove education roadblocks and allow our educators and students to focus on this herculean task. To position our students for success, we ask you to commit to additional funding and planning in the four areas outlined below: 

1. 1:1 Student-Device Ratio and a Computer for Every Teacher. We urge you to complete your commitment to a 1:1 student-device ratio for DCPS and ensure that all students begin next school year with a computer that is compatible with the DCPS learning platform and applications. Like student computers, the purchase of teacher computers should be centralized, and every teacher should receive a reliable, up-to-date computer. It is unconscionable that teachers are not guaranteed basic tools to do their job.

2. Staffing for IT Support and Asset Management. DCPS currently funds 70 technicians who provide IT support for almost 60,000 technology users (including students, teachers, staff and administrators). This staffing ratio of one technician per 857 users is completely inadequate for day-to-day support and is significantly below industry standards. Until DCPS and the Office of the Chief Technology Officer develop and fund a robust tech support staffing plan, the burden for supporting and managing technology will continue to fall on school staff who do not have adequate training and already have full-time jobs. Users must be able to access tech support through multiple channels. The city has already demonstrated the ability to stand up an accessible support model for DC’s 311 nonemergency service line, which residents can access via mobile app, text, Twitter, phone and online chat. A similarly accessible support model would allow students, teachers and parents to rapidly submit tech requests.

3. Digital Literacy Skills. Basic computer skills and knowledge of online learning platforms vary widely among DCPS students, their families and school staff. DCPS’ training webinars and videos are not sufficient for families and staff who need more practical, hands-on training at various skill levels. In some cases, schools have stepped up to provide additional technical training and assistance; however, each school’s level of service is unique to its staff capacity and knowledge. This is not simply a money issue; DCPS and the DC government must design training that is informed by user needs and learning styles.

4. Tech Infrastructure. The DC government has yet to make adequate investment in the infrastructure of individual schools that is needed for a 21st-century learning environment.

   • Internet connectivity in schools. While some schools have received infrastructure upgrades to improve connectivity and reliability, others have not. Internet bandwidth issues will be exacerbated when we return to in-person learning with instruction and testing that is heavily reliant on technology.

   • Smartboards and other classroom technology. The supply and condition of classroom technology varies by school and is often dependent on the ability of a school to access donations, participate in pilot programs, or be at the front of the line for modernization. DCPS must create a comprehensive, funded plan to consistently maintain and update classroom technology for all schools.

Looking forward, the city must prioritize sufficient technology support and replacement funding as a part of the annual operating budget. Reliance on one-off, ad hoc investments is not a cost-effective way to support the school system’s long-term technology needs. 

Universal Broadband Internet 

Lastly, DC still lacks a long-term citywide solution to ensure that every DC resident has high-speed home internet to fully access educational, employment, civic and telehealth services. Given the variety of potential options for citywide internet, we ask that you commit to developing a road map (with milestones and dates) to universal broadband that would ensure adoption of high-speed, reliable home broadband service across all wards. 

The asks we have outlined are consistent with DCPS’ core value of equity and also consistent with your mission to provide a fair shot to all DC residents. We urge you to consider and act on our recommendations. 

Sincerely, 

Digital Equity in DC Education

C4DC – Coalition for DC Public Schools and Communities
http://www.c4dcpublicschools.org/