Retrofitting Bureaucracy: Factors Influencing Charter Schools’ Access to Federal Entitlement Programs Center on Innovation & Improvement Center on Innovation & Improvement 121 N. Kickapoo Street Lincoln, Illinois 62656 217-732-6462 www.centerii.org Information Tools Training Positive results for students will come from changes in the knowledge, skill, and behavior of their teachers and parents. State policies and programs must provide the opportunity, support, incentive, and expectation for adults close to the lives of children to make wise decisions. The Center on Innovation & Improvement helps regional comprehensive centers in their work with states to provide districts, schools, and families with the opportunity, information, and skills to make wise decisions on behalf of students. The Center on Innovation & Improvement is administered by the Academic Development Institute (Lincoln, IL) in partnership with the Temple University Institute for Schools and Society (Philadelphia, PA) and Little Planet Learning (Nashville, TN). A national content center supported by the U. S. Department of Education’s Office of Elementary and Secondary Education. Award #S283B050057 The opinions expressed herein do not necessarily reflect the position of the supporting agencies, and no official endorsement should be inferred. © 2010 Academic Development Institute. All rights reserved. Design: Pam Sheley Editing: Pam Sheley, Lori Thomas Retrofitting Bureaucracy: Factors Influencing Charter Schools’ Access to Federal Entitlement Programs Prepared by Lauren Morando Rhim & Dana Brinson of Public Impact for The Center on Innovation & Improvement Acknowledgements We would like to thank the following individuals who provided insight into the technical as well as prac- tical issues associated with charter schools accessing federal entitlement grant programs. We appreci- ated your candor and perspective. Eileen Ahearn, National Association of State Directors of Special Education Sara Allender, Evaluation and Policy Research Associate, WestEd Andrew Broy, Director of Charter Schools, Georgia Department of Education Karen Butterfield, Academic Achievement Division, Title I, Arizona Department of Education Cliff Chuang, Massachusetts Department of Education Jennifer Cohen, New America Foundation Michelle Diamond, Arizona Charter Schools Association Don Duran, Assistant Secretary of Education, Charter Schools Division, New Mexico Public Education Department Jeff Gagne, Federal Liaison, Georgia Department of Education Elizabeth Giovannetti, Special Education Support, Washington, DC & New Orleans Lisa Grover, CEO, New Mexico Coalition for Charter Schools Connie Hill, Funding Unit Director, Special Education, Arizona Department of Education Nancy Konitzer, Academic Achievement Division, Title I, Arizona Department of Education Stephanie Mauterstock, Co-Director, Manhattan Charter School, New York Darlene Mengel, Supervisor, Public School Choice Programs, New York State Department of Education Marcia Mittnacht, State Director of Special Education, Massachusetts Department of Education Nancy O’Hara, Director of Special Education Services, Georgia Department of Education Sam Ornelas, Director, Title I Bureau, New Mexico Public Education Department DeAnna Rowe, Executive Director, Arizona State Board of Charter Schools Eileen Sigmund, Arizona Charter Schools Association Cori Wahl, Consultant, Former Director of Minnesota Charter School Special Education Project Bob Waxman, Supervisor Specialist in Special Education Funding, New York State Department of Education We are grateful to Sam Redding, Director of the Center on Innovation & Improvement, for his com- mitment to this topic and guidance framing the research questions. We would also like to thank Dean Kern, Director of Parental Options and Information for the Office of Innovation and Improvement in the U.S. Department of Education, for recognizing the importance of this issue and providing key guidance as we designed the study. Finally, we thank Eileen Ahearn of the National Association of State Directors of Special Education and Julie Kowal and Bryan Hassel of Public Impact for their thorough and thought- ful editing of this work. Contents Introduction ..........................................................................................................................................3 Research Questions ..............................................................................................................................5 Methodology ........................................................................................................................................5 Background ..........................................................................................................................................7 Federal Entitlement Grants ................................................................................................................8 Elementary and Secondary Education Act ......................................................................................8 Education of All Handicapped Children Act ....................................................................................9 Charter Schools’ Access to Federal Entitlement Grants ...................................................................10 State Charter School Law Review .......................................................................................................11 The Legal Status of Charter Schools .................................................................................................14 Charter Schools’ Access to Federal Entitlement Funding Streams ...................................................14 Charter Schools’ Access to IDEA Funds ............................................................................................15 Balancing Clarity and Autonomy for Charter Schools ......................................................................15 Findings: Translating Regulation into Practice ....................................................................................16 Defining “Commensurate” ...............................................................................................................16 Charter Schools’ Legal Status ...........................................................................................................17 Charter Schools Identified as LEAs ................................................................................................17 Charter Schools Operating as Part of an Existing LEA ...................................................................18 Challenges Encountered ..................................................................................................................18 Adapting to Unique Charter School Characteristics ......................................................................18 Acquiring Technical Knowledge .....................................................................................................19 Addressing Accountability Requirements .....................................................................................20 Navigating Power Differentials Inherent to Relationship with Authorizer ....................................20 Strategies to Influence Charter Schools’ Access to Federal Funds ...................................................21 Policy Focused Strategies ..............................................................................................................21 Procedural Focused Strategies ......................................................................................................21 Technical Capacity Focused Strategies ..........................................................................................22 Implications for Stakeholders Charged with Supporting Growth and Sustainability of Successful Charter Schools ..........................................................................23 Appendix A: Charter Statute Language Pertaining to ESEA Grant ................................................................................................................................25 Appendix B: Charter Statute Language Pertaining to IDEA Grants ...............................................................................................................................29 2  Retrofitting Bureaucracy Retrofitting Bureaucracy  3 Introduction Charter school laws and successful charter schools have been identified as key elements of bold initia- tives to turn around chronically low-achieving public schools.1 Yet, charter schools operate in a policy space that was not constructed for them,2 a space in which public schools are primarily a state re- sponsibility, but are markedly influenced by both federal and local policies, programs, and practices. Eighteen years after the nation’s first charter law was passed, policymakers still struggle to fit charter schools into the rules and regulations of a traditional and multi-layered public education system. Feder- al laws such as the Elementary and Secondary Education Act of 1965 (reauthorized as the No Child Left Behind Act in 2001) and the Education of All Handicapped Children Act of 1975 (reauthorized as the Individuals with Disabilities Education Act in 1990) and their associated entitlement grant programs3 did not anticipate the creation of charter schools. For years, anecdotal evidence has suggested that, in practice, charter schools do not have equal access to federal funding. When combined with disparate state and local funding formulas, charter schools face a documented and significant lack of parity in funding. A 2008 Center for Education Reform study indicated that on average, charter schools received 61% ($6,585 compared to $10,771) of per-pupil allocations compared to traditional public schools.4 Since this disparity arises primarily from shortfalls in state and local sources, federal dollars have become especially important sources of funds for char- ter schools. These dollars are particularly vital for charter schools serving large proportions of students at risk due to poverty or a diagnosed disability that qualifies them for special education and related services. 1See for example, Secretary Arne Duncan’s remarks at the National Alliance for Public Charter Schools Conference, June 22, 2009. 2Jennifer Cohen, New America Foundation, personal communication, October 19, 2009. 3In contrast to competitive grants awarded on the basis of the strength of an application, federal entitlement grants are awarded according to a prescribed formula to all schools that enroll eligible students. Entitlement grants are also referred to as “categorical grants” because they are awarded to districts and schools through their state department of education for specific categories of funding. Unlike block grants that are awarded for a more general purpose, categorical grants may be used for only particular prescribed purposes (e.g., educat- ing students from families identified as having low income or students with disabilities). For more information about Title I, see http:// www.ed.gov/programs/titleiparta/index.html 4Center for Education Reform. (2008). Following the money. Washington, DC: Author. Retrieved from http://edreform.com/charter- schools/funding/ 4  Retrofitting Bureaucracy There is a significant opportunity with new federal funds to make sure they are allocated equitably among all public schools. The American Recovery and Reinvestment Act of 2009 (ARRA) has increased the funding for ESEA Title I-A School Improvement Grants and IDEA Part B.5 The federal government plans to distribute over $10 billion in Title I-A and $11.3 billion under IDEA Part B to states to pass on to local education agencies (LEAs, the U.S. Department of Education’s term for school districts). These dollars make it even more important to identify factors that influence charter schools’ access to funding critical to the ongoing growth and stability of the charter sector. As the sector’s profile steadily grows under new and aggressive reform initiatives supported by ARRA— and specifically Race to the Top funds6—there is arguably space to improve access and the level of transparency associated with entitlement program dollars flowing to charter schools. Absent focused attention, charter schools will miss out on critical funds to help them support their students, and stu- dents who choose to go to charter schools will sacrifice the potential benefits stemming from access to federal entitlement dollars. In the interest of creating the ideal conditions for charter schools to succeed, state education agencies and members of the comprehensive center network7 (charged with helping “low-achieving schools and districts close achievement gaps”) need to be building on lessons learned since the passage of the first state charter law to make certain that charter schools have access to funding of bold new initiatives to improve public schools, and more broadly, school systems. This report examines to what extent and how states have adapted existing regulations and procedures to make certain that charter schools successfully access federal entitlement dollars associated with Title I-A of ESEA and Part B of IDEA. Due to their position outside of the policy structure, charter schools are at risk of not fully accessing their share of the funds. Four central findings emerged from our research: • In general, charter schools appear to be adequately navigating bureaucratic systems to access critical federal entitlement dollars distributed under Title I-A and IDEA Part B. Nevertheless, states could improve the ease of access and transparency of entitlement programs for charter schools, especially given documented charter school funding inequities and the tremendous increase in funding through ARRA. • Status as an autonomous local education agency (LEA or district8) or as part of an existing LEA determines the manner in which a charter school receives federal dollars; it does not appear to impact the degree to which it receives federal dollars. Charter schools that are autonomous LEAs carry a heavy administrative burden in completing entitlement program applications and account- ability requirements. Charter schools that are part of an existing LEA must navigate potentially challenging relationships with districts granted discretion over allocation of entitlement program dollars. • Charter schools are operating in a policy space that was not constructed for them and conse- quently, the bureaucracy responsible for distributing entitlement dollars has been required to retrofit long-standing practices to accommodate them. The charter sector is populated with schools that do not conform to traditional school or district models (e.g., autonomous and mis- sion driven, single-school districts, or new and rapidly expanding schools). For the purposes of 5For more information about the American Recovery and Reinvestment Act of 2009 and specifically programs administered by the U.S De- partment of Education, see http://www.ed.gov/policy/gen/leg/recovery/index.html. For more information about expansion of IDEA Part B, see U.S. Department of Education. (2009). Guidance: Fund for Part B of the Individuals with Disabilities Education Act. 6For more information about Race to the Top fund, see: http://www.ed.gov/programs/racetothetop/index.html 7For more information about the network of U.S. Department of Education discretionary grants to establish comprehensive technical as- sistance centers, see http://www.ed.gov/about/contacts/gen/othersites/compcenters.html 8The terms school district and local education agency or LEA are synonymous and used interchangeably. Retrofitting Bureaucracy  5 distributing entitlement dollars, these differences are problematic to the traditional system accus- tomed to standardized procedures and disinclined to make accommodations. • Navigating complicated funding systems—such as those that determine allocation of Title I and IDEA funds—requires a level of technical expertise that many charter school operators do not initially possess. Consequently, when seeking funding under Title I-A and IDEA Part B, charter schools require assistance to build their technical knowledge. Based on our research, we also identified five primary strategies states can use to influence charter schools’ access to entitlement funds from ESEA and IDEA. • Provide ongoing technical assistance to state ESEA, IDEA, and charter school program staff as well as individual charter schools to make certain that charter schools are included in distribution of information related to federal entitlement programs and equipped to complete relevant applica- tions. • Identify alternative means, such as eligibility for free and reduced-price meals or supplemental nutrition assistance program (i.e., food stamps), to identify students eligible for Title I funding. • Wield the “stick” of federal law and non-regulatory guidance with state and district personnel to make certain that all charter schools successfully access entitlement dollars for which they are eligible. • Infuse transparency into and distribute information about funding formulas and related guidance so charter school authorizers and school administrators have a clear understanding of the 1) source of funds, and 2) calculations underlying allocation of funds. • Build and facilitate relationships between SEA entitlement program staff, regional comprehen- sive center staff, national content center staff, charter school authorizers, and individual charter schools to bridge the technical knowledge gap resulting from retrofitting education rules and regulations to include charter schools, including sharing specific strategies currently being utilized by states as outlined in this report. Research Questions This report aims to help state departments of education, regional comprehensive centers, national con- tent centers, school districts, and individual charter schools navigate challenges associated with readily accessing federal entitlement grants. The following questions guided our inquiry: • How do state charter school statutes define the legal status of charter schools for the purposes of accessing federal entitlement programs (i.e., Title I-A and IDEA Part B)? • How do charter schools access entitlement funds? • To what degree are charter schools perceived to be receiving commensurate federal entitlement funds relative to traditional public schools? • What challenges/strategies influence access to federal entitlement funds? • How are charter schools held accountable for their use of federal entitlement dollars? • What lessons can be drawn for stakeholders charged with supporting growth and sustainability of successful charter schools? Methodology In this paper, we explore the manner in which charter schools access federal entitlement funding and implications for access associated with legal status as a legally autonomous single-school LEA or part of an existing LEA. We 1) conducted a scan of statutory language in state charter school laws that could affect access to federal entitlement dollars; 2) reviewed the literature on charter schools to discern evidence related to charter schools’ access to federal funding; and 3) conducted interviews with select 6  Retrofitting Bureaucracy individuals in a small sample of states to document factors influencing how charter schools are access- ing federal entitlement dollars. Evaluating every applicable law, rule, or regulation for every state with a charter law would prove nearly impossible. Rather, our review was more limited.9 For each state, we reviewed the sections of the char- ter laws that covered the following: definition of a charter school, charter school legal status, funding of charter schools, and charter schools’ obligations to serve students eligible for specific programs and services such as special education. We did not review other education statutes that may have included additional information about charter schools and funding. In identifying a purposeful sample of states, we sought diversity according to state charter school policy environment and size, duration, and performance of the state charter sector. Policy environment pertained to whether state charter law defined charter schools as LEAs, part of an LEA, or prescribed a variable legal status. Related to size, we sought states with a relatively established charter school sector according to number of schools and when the state passed its charter law. Finally, we sought a sample of states with charter sectors that on average performed above or below public schools according to the 2006-2007 National Assessment of Education Progress (NAEP) (see Table 1). We did not seek to draw correlations between outcomes and experiences accessing federal entitlement dollars, but we did want to gather information from states with diverse characteristics. We interviewed key personnel with first-hand knowledge of issues related to charter schools’ access to federal entitlement dollars (e.g., state directors of Title I and special education, state charter school officials, and charter school resource center/association directors). A guiding purpose of the interviews was to develop practical guidance for state and regional policymakers and practitioners to ensure that charter schools are accessing critical federal entitlement grants. Neither the states nor the informants were random or representative, but rather purposefully selected given our interest in documenting policies and practices, including academic performance, perceived to be influencing charter schools’ access to federal entitlement dollars. Table 1. State Sample Characteristics Number Year Charter Average NAEP Performance of Charter State School Legal of Charter Schools Relative to Charter School Law Status State Average (2006-07)** Schools Passed Arizona LEA 510 1993 Below Georgia Variable* 83 1993 Above Massachusetts Variable 64 1993 Above New Mexico Variable* 70 1993 Below New York LEA 118 1998 Above *Georgia and New Mexico charter school laws permit both types of charter schools, but in practice, most operate as part of an LEA. **U.S. Department of Education, National Center for Education Statistics. http://nces.ed.gov/nationsreportcard/ 9There is a possibility we failed to locate all portions of the statute related to funding because charter laws in many states are complex, and some regulations could be hidden in statutes covering other general topics. In addition, some statutes use vague language. Where state laws were unclear or vague, we have made a good faith effort to interpret the impact of the language on charter schools accessing federal entitlement dollars.