civus
Minutes

Committee Hearing, May 2, 2001

Philadelphia City Council Committee HearingsMay 2, 2001

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE JOINT COUNCIL COMMITTEES ON LEGISLATIVE OVERSIGHT AND EDUCATION - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, 5/2/01 10:20 a.m. - - - RESOLUTION 010131 - Authorizing City Council's Committee on Legislative Oversight and Committee on Education to hold joint hearings on how the School District of Philadelphia is cooperating with the City's charter schools, how the School District evaluates its charger school applications, and to measure the effectiveness of our currently-operating charter schools. PRESENT: COUNCILMAN JAMES F. KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DAVID COHEN COUNCILMAN FRANK DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 I N D E X Page Brien Gardiner, President . . . . . . . . . . Pennsylvania Coalition of Charter Schools, CAO, Philadelphia Academy Charter School Dr. Ann Waiters, Interim CAO. . . . . . . . . 6 Franklintown Charter High School 7 D. Repsch, Student Phila. Academy Charter 36 8 Wissahickon Charter School Applicants Michael Bowman. . . . . . . . . . . . . . . . 40 Julie Stapleton-Carroll . . . . . . . . . . . 48 School District Witnesses Debra Kahn, Secretary of Education. . . . . . 55 Pedro Ramos, School Board President . . . . . 62 Christine James-Brown, School Board Member. . 70 Catherine Connor, Associate Superintendent. . 253 for Standards, Equity and Student Services Sharmain Matlock-Turner, President. . . . . . 147 Greater Philadelphia Urban Affairs Coalition Dr. Gail Meister, Drexel Univ. Foundation 153 Technical Assistance Center for Charter Schools John Skief, CAO, Harambee Institute . . . . . 161 Laboratory Charter School of Communications Dr. June Brown, CAO . . . . . . . . . . . . . 191 Jennifer Cabrera and Maureen Hurd, Students 191 J. Proietta, CAO, Community Academy Phila. 207 D. Bailey, Office of State Rep. Dwight Evans 222 Jay Borowski, Board President . . . . . . . . 241 Independence Charter School T. Gentzel, Pennsylvania School Boards Assoc. 258 Melanie Reiser, Charter School Resource Ctr. 280 Jennifer Lowman, Esq., Education Law Center 300 3 P R O C E E D I N G S

Councilman Kenney

Good morning, ladies and gentlemen. Please could you have a seat so we can get started. Today's Joint Committee on Legislative Oversight and Education is dealing with an issue that will not require a vote of the committee. Councilmembers are en route now, but because of the interest of the time that you've given to come here this morning, we would like to get started. As the hearing goes on, we will have more Councilmembers here but, again, there will be no vote on any legislation today so, in my opinion, the opinion of the chair, there is not a requirement for a quorum. I would like to take an opportunity to read a statement into the record prior to the beginning of our hearing. (Technical difficulty with sound system.)

Councilman Kenney

I apologize for the sound system. I think you probably read something about it recently; it's not working. Any other Councilmember that is here, 4 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 after my statement, is free to make some comment of their own in regards to this issue and then we will start with the hearing in earnest. The timing of this hearing coincides with National Charter Schools Week, and nowhere is the experiment of charter schools more vibrant than here in Philadelphia. The 1997 the State charter school law has enabled Philadelphia neighborhoods to establish 34 charter schools, with over 14,000 students experiencing exciting and innovative educational opportunities. Yet recently our school board rejected 88 percent of the applications for new charter schools, despite many impressive applications, and with thousands of parents anxious for an alternative to their local public school. Meanwhile, many existing charter schools report -- and it's their report -- very little cooperation or support from the School District. Philadelphia now stands at a crossroads of opportunity to seize the initiative to reform our educational system for all of our citizens. Because the creation of a charter school requires the community to join and work together, I believe 5 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 charter schools are an ideal tool to re-energize all of our neighborhoods. This could happen if our school district and city government work with communities to establish charter schools and help them through the process until we reach a point where every neighborhoods has the type of public school it desires. Instead, an antagonistic relationship has apparently developed between the School District and charter schools and their supporters. The impression that many charter supporters have is that the School Board makes a decision in advance about how many charter applications it will approve based on available funds -- and, again, let me reiterate, this is what we're hearing from people who are advocating for charter schools, not necessarily the view of this Councilmember or other members of this committee -- and then they decide which applications to approve, sometimes based on political considerations. I do not necessarily believe that this is the case, but it does seem clear that there is no overriding strategy involved here. 6 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 I would like to hear today from the School Board the articulation of a comprehensive vision on how to utilize charter schools to improve our communities and maintain our residents, especially the middle-class and working-class residents who are most likely to leave because of our failing schools, taking with them their tax base, our tax base, and their contribution to our city. I thank everyone present for their attendance and participation today. I would like to ask each person testifying today to tell us how they foresee charter schools fitting into such a neighborhood revitalization strategy, and also if you could propose solutions as to how the School District and the charter schools can work better together to improve our city's educational alternatives. Hopefully, this hearing will mark the beginning of a new approach, and charter school will be an accepted reform model in Philadelphia. Are there any other Councilmembers that would like to say anything prior to the beginning of our hearing? 7 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 (No response.)

Councilman Kenney

Thank you. In that case, the chair calls Julie Stapleton-Carroll and Brien Gardiner. (Witnesses come forward.).

Councilman Kenney

Prior to the start of the testimony, I would like to have the record reflect that Councilmembers Blondell Reynolds Brown, W. Wilson Good, Jr., Frank Rizzo, and Michael Nutter are in attendance, along with myself, Councilman James Kenney. Sir, could you please identify yourself for the record and proceed with your testimony.

Mr. Gardiner

Good morning.

Councilman Kenney

Good morning.

Mr. Gardiner

My name is Brien Gardiner. I'm President of the Pennsylvania Coalition of Charter Schools, and I'm the Chief Administrative Officer of the Philadelphia Academy Charter School. With me today is Dr. Ann Waiters, who's Interim CAO, Chief Administrative Officer, at the Franklintown Charter High School. Mr. Chairman, Councilmembers, thank you for inviting us to speak to the joint committee 8 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 this morning. I've been asked to address three issues: how effective are charter schools, my assessment of the recent evaluation of proposals by the School District, and how charters can be used strategically. How effective are charter schools? In the past four years, 65 schools, with over 21,000 students, have been developed across the State. Over half of them are in Philadelphia. At our school, we have 644 students, with over 3,000 children on a waiting list. There's been less than 1 percent turnover in students in our first two years of operation. It's too early to provide hard individual test score improvement data, but we also know with freedom comes accountability. To that end, we are not only looking at overall school scores, but we're looking at individual student growth on a year-to-year basis. This way, we can clearly measure our impact on each child. Each of the other charter schools are unique, and they are all striving to achieve their educational mission as well. Many of us reach out to students with the greatest academic needs and attempt to inspire those left behind. So the 9 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 short answer on this question is, I believe we are very effective, but I believe that we also have ample room to grow and improve. Okay, our assessment of the charter school application review process. Personally, we were disappointed because we had an application in for an additional school, the Total Connections Charter School, and I'm aware of several other fine proposals that were also submitted for review. But that disappointment is tempered by my recognition that we must plan growth -- we must effectively plan growth. There needs to be a cooperative dialogue and a fairer system for determining how limited financial resources are used. I believe that this forum provides a perfect forum to establish such a process. I had pleasure of meeting with Board President Ramos and Secretary Kahn recently. I was truly impressed with the profound concern that they expressed and their willingness to investigate sweeping changes in our educational system's operations. It seems obvious that this assessment process should become a part of that larger cooperative dialogue that incorporates the 10 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 needs of the City, the school districts, and the individuals proposing consider charters. And, finally, how charter schools can be used strategically in Philadelphia. And really, this area is limited only by your imagination. I think the top way is to replicate schools that are very, very successful and put them in different areas. But some additional ideas are: making educational plans part of City development and redevelopment proposals; targeting areas of the City where there is serious overcrowding problems or areas where there's specific academic or vocational needs for students; even to looking in a different way at how we set up charters, and maybe even thinking about charter class or classes for areas that cause specific difficulty within the school district such as children with significant mental health needs. It may be well to develop some charter classes within a public school that's directed at meeting those needs. The options just go on and on. But, again, I see everything that we do as being a part of an overall process that measures the needs of 11 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 both the City, the School District, and the charter school -- the people proposing charter schools. Thank you for inviting us here today.

Councilman Kenney

Thank you very much. Prior to the other witnesses, I'd like to read a note from Councilwoman Donna Reed Miller, who is the Chair of the Education Committee, and she regrets at this time that she has an unavoidable 11 a.m. commitment outside of the City. And if possible, she -- it is her intention to return to these hearings immediately upon the completion of this meeting. Dr. Waiters, would you like to --

Dr. Waiters

Thank you. Ladies and gentlemen of Council, I appreciate this opportunity to speak to you about charter schools.

Councilman Kenney

Please identify yourself for the record.

Dr. Waiters

I am Dr. Ann Waiters, a former teacher, high school principal, Central Office administrator, and District Superintendent in public education -- the traditional public 12 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 education. Charter schools have become very important to me. I am filling in, as Mr. Gardiner said, at this time as the Interim Chief Administrative Officer. Since my retirement a few years ago, I've worked with a number of sponsoring groups who submitted charter applications to the District and now have three projects pending. In measuring success of charter schools, we have to look at them one at a time. In charter schools, as in traditional public schools, there are a number of variables to be considered. Student achievement is, of course, foremost. Most charter schools are in their first few years of operation, they have attracted and enrolled large numbers of students who previously suffered long-term serious academic failure, so progress in mediating such failure is central to evaluating charter schools. We need to look for students' test scores that show steady academic improvement. Such progress should be monitored closely and regularly so that mid-course corrections can be made each year based on a rigorous analysis of 13 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 student achievement. Group and individual longitudinal data should also be monitored. Another key factor in evaluating charter schools' effectiveness is parent satisfaction. After academic progress, there's nothing more compelling than the empowerment of parents that allows them to vote with their feet. While recognizing that what's good for the goose may not be good for the gander, the design of one charter school may be attractive to some parents who find that once their child is in the school, it may not be as good a fit as they had expected or that they had hoped. But as long as there are parents who want to enroll their child in a charter school, it is certain that that charter school is meeting a need. So hanging in and getting in are important signs of effectiveness. There are other signs and signals to be considered as well, including teacher quality, program diversity, student and staff attendance, parent participation, and quality and diversity and participation of the charter school board. Charter schools should be able to enjoy a strong collaborative working relationship with their host 14 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 school district, as that would bode well for their overall effectiveness too. With respect to the District's review of charter school applications, I admit to being somewhat perplexed. It often appears that the review process is an obstacle course intent on finding ways to eliminate and reject an application. With such a complicated process, charter schools would be well-served if the District staffed a charter school office so that advice could be available, even if that advice had to be given on a nominal fee for service bases. I've used widely respected authorities in special education whose writing skills are just as widely recognized as excellent, only to have the application rejected on the grounds that the special-education section of the application was not acceptable. I don't know who the reviewer was, but I would like to have an opportunity to challenge that assessor and his or her ruling. I believe that all applicants should be given an opportunity to review the proposals that were approved to get a measure of their own strengths and weaknesses. I believe that charter 15 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 schools can be an important strategic initiative for improved student achievement and make a few suggestions: 1. Target charters for areas of the City where there are overcrowded schools and classrooms. The District did identify such areas this year. 2. Encourage more secondary school charters to provide for more focused high schools.

Dr. Waiters

Since high schools are more expensive to operate than elementary and middle schools, provide low-cost or no-cost supports for them such as participation in the District's interscholastic athletic programs, some technological interconnectivity, access for teachers, and so on. 3. Identify what works in charter schools and adopt some of their best practices in curriculum, instruction, administrative, and organizational interventions. Charters are, I believe, one of best and most cost-effective ways for the District to provide options for tens of thousands of students whose only other option is their neighborhood school and that neighborhood school is recognized 16 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 as being inadequate. I thank you for listening to these comments and hope to see a vastly improved and expanded charter school process in the future. Thank you.

Councilman Kenney

Thank you, Doctor. May I ask just a couple questions?

Councilman Kenney

Perhaps someone with your experience in both the public-school sector and now the charter -- and I think sometimes it's a misnomer because charter schools are public schools.

Dr. Waiters

I call them traditional public schools versus charter public schools.

Councilman Kenney

Okay. Could you give me an idea as to the differences. What is -- what enables you to have as much what I see as much enthusiasm about what you're doing now? And what is the difference between some of the constraints you had on you and when you were in the traditional public school system and what you deal with now that gives you a little more hope that things can get better? 17 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Dr. Waiters

I sometimes think of charter schools as kind of a ship of dreams, but dreams that are based in reality of what can done. It's an opportunity to design an educational vehicle that meets specific needs for specific students. While charter schools are open to any who want to enroll, parents do have a choice among them. So that if I design a charter school that's based on, say, theories of knowledge, which is a strong academic program, there may be parents who are looking for a school that focuses more on the arts, on music and writing. So that that's one of the strong suits of charter schools, and that's why educators like myself from the traditional public schools see this as an opportunity to renew our enthusiasm for education.

Councilman Kenney

Do you believe that those choices that exist in the public school system with specialized educational opportunities in the magnets and in the academies, do you believe that's why that they're so popular with parents? 18 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Dr. Waiters

Absolutely.

Councilman Kenney

And it's mirrored -- that system is mirrored in the charter school.

Dr. Waiters

Mirrored in the charter school, absolutely.

Councilman Kenney

What is the ratio in socioeconomic background generally of the parents and families that are in your school?

Dr. Waiters

Right now, our population is about 35 to 40 percent minority and the balance is majority. We are located at the Frankford Arsenal in an impoverished section of the City. So we attract students who are looking for a way to improve achievement and opportunity.

Councilman Kenney

How many students on your waiting list?

Dr. Waiters

We have approximately 300 on our waiting list. We got started late in advertising for our school, so our numbers don't approximate Mr. Gardiner's, so we do have a solid waiting list.

Councilman Kenney

Have you been able to track where your students originated from, from what system, whether it was the public system 19 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 primarily or the parochial school system or the private school system? Do you have an idea as to what the origin of those students are?

Dr. Waiters

A huge proportion of our students really come from remedial disciplinary schools of the public school district of the School District of Philadelphia. The balance of our students come from public school in the area Frankford High School, Kensington. We have a few -- a very small population that would have ordinary have gone to a Catholic school and we have one student who comes from a suburban school district.

Councilman Kenney

And the parents live in the suburbs?

Dr. Waiters

They live in the suburb, yes.

Councilman Kenney

That's a switch, isn't it?

Dr. Waiters

Yes, it is.

Councilman Kenney

So the argument, at least from your -- for your school's particular case that you are actually educating students who would generally be in the public school system at 20 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 a lower cost to the taxpayer than they would be if they were in their traditional public school.

Dr. Waiters

No question.

Mr. Gardiner

I just wanted to respond to those questions as well. You know, first of all, you know, we have taken a lot of heat because of our lack of racial diversity. We are in the Far Northeast, and when we had originally designed the program, I was principal at Farrell School and we had a good mix. Unfortunately, we did not have transportation for the first four months of the school year, and many of those people had to leave because they couldn't get their children there. We finally, after not being able to get transportation from the School District, set up our own transportation company, and we're providing transportation now, and we have children from as far away as West Philadelphia, Germantown, East Mt. Airy. And we're making that a part of our thrust in the future to make sure that we take care of that issue. The other question you asked is, why is it different? And it's different because we have the ability to change immediately. If something 21 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 needs to be done, we can do it. You know, from the example of the side of the Transportation Department to simply changing classes, hiring another teacher, you know, looking at the data, seeing where your weak points are; if you have a child with specific special needs, being able to go out and secure that service quickly and expeditiously.

Councilman Kenney

What is the grades -- Councilman DiCicco's interested in what the grades of the schools are as far as the --

Mr. Gardiner

We are -- we have kindergarten through 8th grade. And we have a class size of children in each class. And we 16 have -- of the 644 -- we have a charter for 644 17 but we have about 650 children in the school, and 18 150 of them are special-needs children. 19

Councilman Kenney

Your teaching staff 20 have come primarily from where? 21

Mr. Gardiner

I would say we have -- I 22 haven't done the exact breakdown -- at least 50 percent from the School District, maybe 20 percent from parochial schools. And the other -- you know, we did -- we were in the planning process 22 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 for seven years and we had a lot of people that had written to us and were involved, and many of those people came. Former students teachers that I knew, that I had when I was in Philadelphia. So about half from Philadelphia and the others from other sources.

Councilman Kenney

And what's the percentage of certification?

Mr. Gardiner

We're at about, I'd say, between 85 and 09 percent. And it's critical that we have the option, and I think the School District should be granted that option of providing programs for children with non-certified people. And I think the greatest examples are people that teach piano don't necessarily need to be music teachers. We have some wonderful community artists, we have the director of the Philadelphia murals program that teaches mural arts to kids. You know, and it gives us a great flexibility in being able to provide superior programs to children. And I think technology is another area there where you can get some very specialized trained people in to do things that you can't get 23 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 out of a certified teacher.

Councilman Kenney

Thank you. Prior to the next witnesses testifying, I would like you to stay there so that other -- if any other Councilmember has questions on -- Councilwoman Brown?

Councilwoman Brown

Good morning, panel. Restate what currently exists with regards to certified teachers.

Mr. Gardiner

We have between 85 and 90 percent certified.

Councilwoman Brown

And are any of those -- excuse me?

Dr. Waiters

And we have about 80 percent.

Councilwoman Brown

Are those certified teachers in core curricular areas?

Mr. Gardiner

Everybody who teaches a classroom is certified, with the exception of one secondary math teacher who came from Europe and she was director of the honors math program for the Archdiocese; she's the only non-certified teacher we have teaching a core curricular area. 24 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Dr. Waiters

And our program is so diverse, there are some areas for which certification just isn't available. For instance, we offer a carpentry teacher, so we have a carpentry teacher who is an expert carpenter and is happily an expert teacher but not a certified teacher. We also have a culinary arts program for our students. And our chef is well-trained at the Philadelphia Restaurant School but has not a teaching licensure. They are all participating, though, in certification programs and are operating under emergency certification as approved by the State.

Councilwoman Brown

So is your goal, then, ultimate certification for all of your instructors?

Dr. Waiters

Absolutely.

Councilwoman Brown

Okay. Could you state again your position with regards to what you believe the School Board's position should be on certified teachers or not?

Mr. Gardiner

Well, I think that they should have the same option that we have, and my 25 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 goal is not to have all certified teachers. And, you know, another person we have is the retired executive director of the Educational Testing Service who works a couple days a week and teaches each child how to write a state-of-the-art research paper. That's not the -- you know, you don't go out and typically find somebody that's a certified teacher that has that type of background, but he will come in and work on a six- to eight- to ten-week basis and go through the whole research process and give the children the background and the support they need to do a state-of-the-art research paper. We got that from the kids. Years ago, when I was again a principal of a K-to-8 school, we would bring the 9th-graders back the following year and ask them where we failed them, and almost in every case, they suggested that we did not give them enough background in writing research papers, and this is an outgrowth of that data.

Dr. Waiters

We would likewise encourage part-time teaching, occasional experts. We would likewise encourage part-time teachers and occasional experts. City Councilmembers might 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 come and do a short course with our students, and certainly we wouldn't be looking for certification among that group. But our more permanently assigned teachers, we are working with them to get certification.

Councilwoman Brown

Did I hear you say in your testimony that -- and correct me if I'm wrong -- for those charter school applications that are not approved, you believe that the leaders of those charter school institutions should have the opportunity to review applications that aren't approved?

Dr. Waiters

Absolutely. Because I think that they then -- it's like judging an essay; it becomes a model answer. Now, even though the application provides information as to what is expected in response to that question, to actually look at the application that has been approved, I think, can be instructive to groups who work for years and work long, long arduous hours on these applications. They don't want to give up, they want to apply the next year. Well, I would like them to have an opportunity to not 27 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 make the same mistakes again.

Councilwoman Brown

Is that to suggest, then, that the criteria that is provided to prospective charter-school candidates is not sufficient in terms of explaining in clear details what the expectations are?

Dr. Waiters

I think that the application is clear, but I think it would be even more instructive to see the approved applications.

Councilwoman Brown

Thank you very much.

Councilman Kenney

Thank you. Councilmember DiCicco.

Councilman Dicicco

Thank you, Mr. Chairman. And good morning. I think you said your schools is grades K to 8?

Mr. Gardiner

That is correct.

Councilman Dicicco

Did you start out that way?

Mr. Gardiner

Yes, we did.

Councilman Dicicco

Did you encounter any problems with the upper grades because these are kids who came from either traditional public 28 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 schools --

Councilman Dicicco

-- other schools?

Mr. Gardiner

We had -- and, you know, if somebody takes their child out of school and transfers them in 8th grade, they do that for a reason.

Councilman Dicicco

Right.

Mr. Gardiner

And most of the reasons were that they were looking for some specialized program to deal with some difficulties.

Councilman Dicicco

And how did it work out with those students who came in from --

Mr. Gardiner

You know, it wasn't perfect. First years are hardly ever perfect.

Councilman Dicicco

Right.

Mr. Gardiner

But all in all, I'd say it was very successful. We had excellent test scores our first year. I believe we were about 1350 in the upper grades, which is good in Philadelphia.

Councilman Dicicco

And how long has your school been in -- I apologize. I got here a little bit late. How long has your school been in 29 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 existence?

Mr. Gardiner

We opened last -- this is our second year of existence.

Councilman Dicicco

And I think the chairman, Councilman Kenney, asked the question that you're obviously bringing children in from all over the Philadelphia region?

Mr. Gardiner

We've set up our own transportation company and we are bringing children in from all over. We started -- it was difficult in the beginning; the first four months, we did not have transportation, so the majority of the kids live within about a ten-mile radius of the school. But at this point, we are capable of doing citywide transportation.

Councilman Dicicco

I want to ask you about transpor -- is there a special transportation that brings the kids who are from outside the area to your school?

Mr. Gardiner

We do it.

Councilman Dicicco

You do it all.

Mr. Gardiner

We do it.

Councilman Dicicco

Are there any children who come by way of public 30 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 transportation?

Mr. Gardiner

No. 4

Councilman Dicicco

None? Okay.

Mr. Gardiner

Some are -- you know, very few parents, you know, because of their own schedule. We do have before- and after-school kids, so some parents do bring their children to those.

Councilman Dicicco

Is there any difference in the manner by which -- or the portion of your funding for your school compared to the traditional public school as it relates to administrative cost? A lot is being said about the current School District budget and previous years' budgets. There's always this question that comes out of Council and from some other folks about cutting administrative costs. Do you do it at the same level of costs that the traditional public schools do it, or do you think do it at higher or lower?

Mr. Gardiner

Well, our funding is about 30 percent less than the Philadelphia public schools would be. Administratively, you know, really, I'm the only thing administrator of the 31 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 school. I have two secretaries and I have my NTA that came with me from public school, who I call my business manager, but, you know, she orders and does checks and orders. That's the extent of our administration. What we have done is set up a lead teacher at each grade level. They teach, but they coordinate and pace the program at each grade level so the teachers don't feel isolated. They get their questions answers, they have an hour and a half of planning time every day to resolve problems within the classrooms, and they also meet at small learning communities for K to 2, to 5, and to 8. So we've built in systems where they can manage and control much of their own destiny.

Councilman Dicicco

So simply put, you're able to do what a traditional public school does for a lot less money, from administrative and teaching and --

Mr. Gardiner

That's putting it very simply because we also have the benefit of being released from several requirements.

Councilman Dicicco

Right. 32 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Gardiner

And I would hope the School District at some point would get that as well.

Councilman Dicicco

That's where I was going. Thank you. One other question in the area of teachers. When you were recruiting, did you have any difficulty in recruiting teachers?

Mr. Gardiner

Yeah. We had way too many.

Councilman Dicicco

Way too many.

Mr. Gardiner

We had -- we recruited our lead teachers first and they assisted us in hiring the teachers that would work with them so that we ensured that we had -- we tried to ensure that we'd have functional teams before we even opened so that the lead teacher would hire people that were --

Councilman Dicicco

Is there a residency requirement for teachers?

Mr. Gardiner

No, there's not.

Councilman Dicicco

There is not?

Mr. Gardiner

Well, I live in the City and the majority of the people do. 33 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Dicicco

Do you know what percentage of your teachers are non-Philadelphia residents?

Mr. Gardiner

I'd say it's maybe percent. 7

Councilman Dicicco

Out of how many 8 teachers? 9

Mr. Gardiner

Around 40. 10

Councilman Dicicco

Councilman Nutter 11 is asking a question through me. Were these 12 people already in the system, teachers? 13

Mr. Gardiner

Again, about half were 14 in the system. Some came from parochial schools 15 and, again, others were involved in our planning 16 process or, you know, just found us through the 17 newspaper. 18

Councilman Dicicco

Okay, thank you. 19 No further questions. 20

Councilman Kenney

Councilmember Rizzo.

Councilman Rizzo

Thank you. I'd like to follow up on the issue of certification, teacher certification. I think it's important that we clarify. The impression 34 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 that I'm getting is that there might be some concern that teachers teaching in charter schools are not certified, and that doesn't exist anywhere else, and I know it does. There's the emergency state requirement in the event that there's a situation. But for the record, there are uncertified teachers teaching in both the parochial schools and the public school system. Am I correct to assume --

Mr. Gardiner

I spent years in 13 Philadelphia, and I can guarantee you that we have 14 uncertified teachers teaching in -- 15

Councilman Rizzo

So it is not 16 exclusive to the charter school -- 17

Mr. Gardiner

No. 18

Councilman Rizzo

-- that we would 19 have an. 20

Mr. Gardiner

And it's not necessarily 21 bad either. 22

Councilman Rizzo

No, I'm not 23 suggesting that. 24 But the message that we're sending that 25 this is maybe exclusive to a charter school when 35 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 you're getting a better teacher in the public or parochial school, but there are, and we'll ask the School District to identify the number of uncertified teachers that they have in the public school system. Thank you, Mr. Chairman.

Mr. Gardiner

Thank you.

Councilman Kenney

Thank you very much. If there are no other questions, what I would like to do is ask -- I know you had a young man who would like to testify. And then we'll go to -- and you are not Julie Stapleton-Carroll. UNIDENTIFIED PANEL MEMBER: No, I am not. (Witness comes forward.)

Councilman Kenney

Mr. Gardiner, Councilwoman Brown has one more question prior to this young man's testimony. Councilwoman Brown.

Councilwoman Brown

With regards to measurement of academic achievement, is any testing of any nature done for students upon entry? 36 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Gardiner

We do pre-imposed tests every year, and that's our major -- what we use as our major indicator of what children need. We also assess reading and math every six to eight week so that we ensure we're on target.

Councilwoman Brown

Okay, very well. Okay, thank you.

Mr. Gardiner

Thank you.

Councilman Kenney

Could you please pull that microphone close to you, identify yourself for the record, and take your time.

Mr. Repsch

I'm Daniel Repsch, and I'm an 8th-grade student at student at (inaudible).

Councilman Kenney

Daniel, could you do me a favor for the stenographer. Spell your last name, please.

Mr. Repsch

R-E-P-S-C-H.

Councilman Kenney

Thank you. Please proceed.

Mr. Repsch

Good afternoon, Committee Councilmembers.

Councilman Kenney

Good afternoon.

Mr. Repsch

My name is Daniel Repsch, and I'm a student at PACS, the Philadelphia 37 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Academy Charter School. Students at PACS like myself agree that our school builds character and instills a sense of respect in every student. We learn to care for and help each other as students and as classmates and as friends. Even the teachers get involved with the students and help them in various ways. If the problem is school-related, then tutoring is available during recess, lunch, and after school. If it's a personal problem, the teacher will talk to the student, involving only the people necessary. When a problem does arise, no matter how minor, it is solved immediately. PACS was created with small classes in mind. There's only to students per room. 17 It is a good thing because education and 18 problem-solving can be brought down to an 19 individual level. 20 Many special programs have been added 21 such as gym, Chinese, research, art, and music. 22 These serve to better our education and give us an 23 edge over other students when applying to high schools and colleges. Also, there's a resource room that -- for children who need extra help in 38 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 some subjects and special ed. classes for students with special needs. Although we have many specialty teachers, they all care about us as much as our home room teachers. The trips we take to New York, Washington D.C., and everywhere else are great trips that serve to entertain and educate. Many of the students would never see these places if it weren't for the teachers trying so hard to get us there. Our school is designed differently from other schools. Mr. Gardiner believes that parents should not only be involved in their own kids but also be involved in the school. So our system was designed that made it mandatory for each family to donate four hours to the school per student. These four hours could be anything: working the lunchroom, helping out at fund-raiser, etc. Parents and children are given a say on how the school is run and can make changes wherever necessary. Our school is very high-tech. We have a new Dell computer in each room plus about 35 in our computer lab, all networked to several 39 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 printers. In addition, we have about new I-MACs in the library. Many, many computers were just donated and there can now be three or four computers in each room, which brings another point to mind. The school trusted several 8th-graders, including myself, to try fixing the donated computers. It was an interesting and educational experience for everyone involved to learn how a computer worked from the inside out. It was a good feeling to know that the school trusted us. I'll finish up with the fact that we have a very well-maintained school, with both our janitors and our students constantly working to keep everything clean. Thank you for your time and have a nice day.

Councilman Kenney

Thank you very much 19 enter for your testimony. You said in your 20 testimony that you're an 8th-grader.

Councilman Kenney

Where did you attend school prior to your charter school?

Mr. Repsch

I went to St. Cecilia's.

Councilman Kenney

Okay. Thank you. 40 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Are there any questions for Dan? (No questions.)

Councilman Kenney

Thank you very much for your testimony. Thank you.

Mr. Repsch

You're welcome .

Councilman Kenney

Please identify yourself for the record and proceed.

Mr. Bowman

Good morning.

Councilman Kenney

Good morning.

Mr. Bowman

My name is Michael A. Bowman (ph.), and I'm here today with Julie Stapleton-Carroll and Amy (inaudible).

Councilman Kenney

Could you do me a favor, sir. Could you just pull that microphone closer to you.

Mr. Bowman

Absolutely.

Councilman Kenney

Thank you very much.

Mr. Bowman

And we are all members of the proposed Wissahickon Charter School Planning Committee. I'm going to read a statement first and then, hopefully, we can take questions from you, Councilman Kenney, and the esteemed panel. 41 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Thank you.

Mr. Bowman

The intent of Act 22, the Pennsylvania charter school law, is to foster innovation and encourage educational choice for the children of the Commonwealth. The practical effect has been to provide some new educational opportunities, for the most part, in districts where the average scores on the PSSA and other standardized tests are below acceptable levels. According to the School District of Philadelphia, we are home to 35 of the Commonwealth's charter schools, and we enrolled 66 percent of all charter school students in Pennsylvania. As you probably know, the charter school concept has been praised by many in the public and private sectors. In fact, charter schools have been seen by many, including Mayor Street, as a tactic for slowing population loss in the City of Philadelphia. While it is true that the wage tax and high insurance rates are in part responsible for our population decline, for many families, the deciding factor is the quality of our schools. Unfortunately, many of our friends 42 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 have chosen to leave Philadelphia rather than to help change Philadelphia public schools. Charter schools are certainly not the cure for all educational ills but there is a demand for them. Most charter schools have waiting lists and some are quite lengthy. Each year, a significant number of groups apply to the School District of Philadelphia for charters in spite of the financial disadvantage of the charter school funding formula. Most founding groups apply because they believe that they can provide education in a way that will enhance learning for their students and are fully aware of the effort involved in the creation of a new school. However, despite the apparent need in Philadelphia, only 3 of the 27 applications in the most recent cycle were approved by the School District of Philadelphia. As an example, the application of our group, the Wissahickon Charter School Group, was denied. We have a very strong application, which we have included in your packet of information that we sent to you earlier, and have demonstrated that we can create and run a school which will 43 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 benefit the children of Philadelphia. In spite of this, we were denied a charter. However, we are committed to opening this school and we have applied for reconsideration to the Board of Education and specifically addressed the concerns outlined in the resolution by the Board. We have also collected in this process in excess of the 1,000 signatures necessary to appeal to the State of Pennsylvania Charter School Appeal Board. The Friends of the Wissahickon Charter School is an idea that was germinated among a small group of parents beginning in the fall of 1999. The planning group grew throughout the process but the vision for the school has always remained consistent: The vision is to provide a unique learning opportunity to the children of the City through hands-on experience in the natural environment and integrate learning through this theme. Refinement of the vision occurred through consultation with experts in environmental education as well as vigorous discussion within our planning group, most of whom are educators as well. Our vision is sound, academically grounded, 44 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 provides a unique use of the resources of the City and the education of our children, and teaches our children to be stewards of our community and the environment. The founding members of the Wissahickon charter school come to the planning process with significant expertise in environmental education, teaching, curriculum-building, school administration, and child development. Included in our request for reconsideration, which you also should have received last week, is a section which highlights the specific skills and experience of founding members.

Mr. Bowman

We have been working on the design of the school since October of 1999, when we received the planning grant from the Commonwealth of Pennsylvania to support the development of our application. Since then, the group has met consistently on a biweekly basis to formulate the proposal and engage in outreach efforts to build strong community support. The level of commitment is truly impressive among an extremely diverse group of individuals with a shared vision. The proposed Wissahickon Charter School 45 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 would be located in Northwest Philadelphia in order to take advantage of the Wissahickon Valley and its watershed. As you can see from the map we've provided today, there are very few charter schools in this area. This area, however, provides many opportunities to study both the natural world and man's relation to it. We have been selected by the Fairmount Park trust as the preferred developer of Thomas Mansion as a primary site for the school. Thomas Mansion, owned by the City of Philadelphia, is located at Wissahickon and Johnson Streets, directly in Fairmount Park, and has close access to Rittenhouse Town and the Wissahickon Valley. I'd like to point out that the Inquirer actually did an article in which it referenced Thomas Mansion as one of the properties owned by the City of Philadelphia in Fairmount Park that could use renovation. Our educational approach is not one in use by any other public school in Philadelphia. While there are environmentally-themed small learning communities within schools and environmental education is a part of the science 46 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 curriculum in many schools, this approach would be unique for a public school in Philadelphia. In our application, we've provided an overview of how a curriculum based on this theme would work at our school. During testimony before the School Board of Philadelphia, we presented the results of a study completed in June 2000 in which -- which concluded that a curriculum such as ours could improve students performance in mathematics and language arts as well as science. The study also noted improved student behavior and fewer discipline problems. Most of the members of the founding groups are parents of preschool and/or school-aged children. By way of example, I am the parent of two beautiful children, one of which is about to go to kindergarten this year. As previously mentioned, a significant number of founding members have advanced degrees in education, as well as experience in that field. Also by way of an example, I -- while I am a lawyer now, I used to be a teacher in the New York City public school system. 47 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 We are all excited about this school and have worked hard to bring it to this point. The governing structure of the school ensures that the founding parents, as well as parents of children who are enrolled later, will continue to govern Wissahickon Charter School, ensuring accountability to parents and children. We have received, because of our application and because of our efforts in the community, a great deal of support from individual members of the community as well as from institutions active in environmental education. The Philadelphia Zoo, the Fairmount Park Commission, the Schuylkill Center for Environmental Education, and the Andorra Natural Area are just a few of the organizations that have offered support for our efforts. As stated previously, as parents and supporters of the City of Philadelphia, who dearly wish to have our children be a part of the public school education process in the City of Philadelphia, we are continually discouraged to witness neighbors and friends of ours, rather than stay and be a part of the process, as we choose 48 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 to, move to the surrounding suburbs.

Mr. Bowman

Our vision is to develop an urban school that focuses on the environment and community stewardship, offering a great education for the children of the City of Philadelphia. We intend to move forward with our application and do whatever is necessary to start this school. While appealing to the State obviously would not be our preference, we feel strongly that our application has significant merit. Our hope is that the School Board will support us in their reconsideration. Thank you very much for your time.

Councilman Kenney

Thank you very much for your testimony. Do you have any idea why you're application was rejected and what were the comments relative to the rejection and what your view of the comments were, and could you give me some idea as to what surrounded the rejection issue.

Mr. Bowman

Well, I'll like to invite Julie Stapleton-Carroll actually to answer that question. 49 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

And prior to answering the question, please identify yourself for the record.

Ms. Stapleton-Carroll

My name is Julie Stapleton-Caroll. Would you like me to spell that?

Councilman Kenney

No, we have it, we have it. Thank you.

Ms. Stapleton-Carroll

The question was. . . ?

Councilman Kenney

The question was, why -- do you have any idea why your application was rejected? Were there comments in the rejection that was clear as to why it was rejected, and what are your views on those comments?

Ms. Stapleton-Carroll

Well, the (indiscernible) from the School Board, which we also included in the packet that we sent you last week, the analysis from the School Board or the staff of the School Board, as well as the resolution by the School Board presumably -- and we take it at its word, that that's the reasons for their denial of our application. 50 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 In our reconsideration request to the School Board, we addressed those issues, we think, sufficiently. And, again, as Michael had mentioned, we hope that the School Board agrees with that.

Councilman Kenney

What were their --

Mr. Bowman

If I may -- this is Michael Bowman again. One of the interesting reasons given was that it may have some detrimental effects on the deseg. policy of the School District. And the reason why I found it interesting was because if you look at the planning committee of our proposed school, it is by far one of the more diverse organizations that I've ever been a part of. So it just seemed baffling to me that that would be a reason given to deny our application.

Councilman Kenney

Councilmember Nutter.

Councilman Nutter

Thank you. Good morning. What do you mean by that?

Mr. Bowman

What do I mean by what? You mean -- 51 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Nutter

The response that was given back to you that that this might affect the deseg. policy. I'm not understanding that.

Mr. Bowman

Well, let me just say that they weren't exactly as specific as they probably could have been with respect to that reason given, but the reason stated was that it may have a detrimental effect on the deseg. policies of the School District of Philadelphia.

Councilman Nutter

As it relates to other schools in the area?

Mr. Bowman

As it relates to other schools in the area, yes.

Councilman Nutter

And the anticipated a detrimental affect would be what?

Mr. Bowman

Well, again, the School Board was not as specific as maybe it could have been, and I would not -- I'm not in a position to --

Councilman Nutter

Fine. I just -- it's helpful, quite honestly, to know kind of what you know and what you don't know about a question and answer. The School District will be up shortly, and we can certainly ask them that. 52 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Bowman

Sure, right.

Councilman Nutter

I just wanted to know what you knew or what you understood that part of the question to be.

Mr. Bowman

There was a stated reason; however, they weren't really specific as to really explaining that reason.

Councilman Nutter

Okay, all right. I'll follow up on that later.

Councilman Kenney

Thank you very much. Are there any other questions for these witnesses?

Councilwoman Brown

Yes.

Councilman Kenney

Councilwoman Brown.

Councilwoman Brown

You mentioned on of your testimony, last paragraph, and I quote: "Our educational approach is one not used by any other public school in Philadelphia." And then you cite a study completed in June 2000. Could you speak in some further detail about the study. Was the study used as the foundation upon which you built the curriculum? Was the study related to best practices in this 53 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 particular area? Tell us more about the study.

Ms. Stapleton-Carroll

This is a study that was completed last year by -- I believe it's a group out in Portland, Oregon, and Ben Berenstein (ph.) actually had worked with us on that, but it was an assessment of additional schools similar to the design that we had and the success of the curriculum in achieving reading and math targets. It was not based -- we developed our curriculum in conjunction with that and based our curriculum development on a number of schools that we had visited and researched, not necessarily those that were covered in the research specifically, but that complemented really what the design of the curriculum was.

Councilwoman Brown

So did the program you had mirror an existing program someplace in the United States?

Ms. Stapleton-Carroll

It's a compilation of a number of different curriculums that we reviewed as well as additions that we had based on the uniqueness of the Philadelphia area. So we visited a school called "The Earth School" 54 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 in New York City, which is a public school with a similar design, as well as had significant discussion with East Bay Conservation Corps, which is a conservation group out in San Francisco. We also looked at some of the internal schools here in Philadelphia that have small learning communities that are based on the environment as well as some of the schools that take the opportunity of our arboretum as well as other natural areas in the City. So it's a compilation, really, of a number of different approaches.

Councilwoman Brown

Thank you very much. Thank you, Mr. Chairman.

Councilman Kenney

Thank you very much. Any other questions for these witnesses? (No further questions.)

Councilman Kenney

Thank you.

Ms. Stapleton-Carroll

Thank you.

Mr. Bowman

Thank you.

Councilman Kenney

The chair now calls 55 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Secretary Kahn, President Ramos, and Board Member Christine James-Brown and anyone else that the District has with them that they would like to bring to the table. (Witnesses come forward.)

Councilman Kenney

Good morning. Please identify yourself for the record and proceed.

Ms. Kahn

Good morning. I'm Debra Kahn, Secretary of Education for the City of Philadelphia, and I thank you for this opportunity on behalf of Mayor Street's administration to discuss Philadelphia's public charter schools. Our administration believes that public charter schools are an important initiative in the ongoing effort to build our city's neighborhoods and to provide children with quality educational alternatives. In order to attract and retain families, all communities need to offer school choices that are a good fit for a broad variety of schools, schools in which teachers and students feel secure and in which youngsters become well-prepared to take their place in the workplace. 56 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Charter schools that meet that vision expressed in the current charter school law are schools that innovate and improve pupil learning, they provide professional growth opportunities for teachers, and they are schools that accept accountability for their performance. These are schools that merit public support. Two weeks ago, Mayor Street unveiled a bold new vision to enhance Philadelphia's position as an economically competitive city comprised of thriving neighborhoods. The Mayor's Neighborhood Transformation Initiative sets an ambitious goal of reaching a 5 percent population increase by 2010, the first time in 50 years the City's population would have risen. To achieve this mark will require a set of strategies not only for issues pertaining to housing, commercial development, and workforce development, but certainly also for public education. And as we work to strengthen our district schools, the growth of quality public charter schools can and should be a part of those strategies. Over the past four years since the charter school law was enacted, the Philadelphia 57 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Board of Education has assumed its new and very demanding responsibility of considering and approving charter school applications with the highest degree of professionalism and integrity. Our school board understands how challenging it is to operate a good school and how important it is that we avoid proliferating bad ones. That is why the Board has worked within the parameters of the law to make the charter application review and approval process based only on its merits. This thorough evaluation process has led to Philadelphia becoming one of the largest sponsors of charter schools in the nation. We currently have 34 schools operating in the City and one in the nearby suburbs that together serve more than 14,000 Philadelphia students. This represents about two-thirds of Pennsylvania's charter school enrollment, and by itself would constitute the sixth largest school district in the Commonwealth. With deferred approvals coming on line plus three new approvals, the number of schools in operation is expected to rise to 41 in September. Clearly, many families are responding 58 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 to charter schools' unique advantages of smaller size, greater flexibility, some special curricula, and orderly environments. The support an enthusiasm demonstrated by parents and community members involved with many applicants and in currently-operating schools is impressive and gratifying, but we have a responsibility to evaluate charter schools on their actual performance and not only on their popularity. For all of the good that charter schools may be doing to offer new educational opportunities, it is only fair, in my judgment, to recognize that the law also imposes significant operational and financial obligations on the School District. We believe that changes in the charter school law are needed to pave way for more aggressive expansion in Philadelphia. These changes should create the conditions that are right for school boards and right for charter schools to succeed.

Ms. Kahn

In brief, the legislative changes would include giving school boards a more explicit direction to establish approval of criteria for each round the charter applicants so that these 59 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 schools can be used, as has been discussed here, strategically, clarifying and strengthening accountability and assessment requirements and adopting a funding formula that is cost-neutral for host districts. You will hear directly, of course, from charter operators today, but we also know that some of their concerns are about access to capital markets for facility financing, start-up funding, and perhaps a different application cycle, so that approved schools have more time to get up and running. I've testified in Harrisburg about the current law and will be working in the days ahead to try to effect some of these changes. Let me focus briefly on the financial aspects of charter schools since this subject is so connected to the School District's current financial crisis and has been an unfortunate ongoing source of tension the District and our charter schools. The simple fact is that charter schools are one of the five key expense drivers identified by the District in its multi-year financial plan, which has been shared with all of the members of Council. 60 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 5 million. By contrast, the School District bore no expense whatsoever for this purpose as recently as fiscal year 1997. For the next year, the net cost of charters is expected to equal about half of the District's projected $191 million deficit. But these facts tell only a part of the story. The impact of charter school on the School District cannot be separated from the overall problem of school funding in Philadelphia and Pennsylvania. The current under-funding situation shortchanges children in both District schools and charges. Charter schools are adding to public school enrollment and expanding constituency for public education in Philadelphia, and that's really a welcome development. However, because our State funding barely recognizes enrollment growth, we are forced to spread already limited funds around to more students. Our goal should be to work together to provide all public school students with adequate support rather than to pit 61 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 one group against another contesting for the same scarce resources. Charter schools have dramatically changed the landscape of public education in Philadelphia. They have the potential to play a role in helping to rejuvenate our neighborhoods. And the competition the charters provide and their ability to complement educational opportunities now available to public school students makes it worthwhile for all of us who care about public education to learn from one another -- and I think that's a real value of the hearing today -- to work together to help charters succeed and to address the challenges that they present to the School Board for the benefit of Philadelphia's children. Thank you.

Councilman Kenney

Thank you very much. Mr. President, would you please give your testimony after identifying yourself.

Mr. Ramos

Good morning.

Councilman Kenney

Good morning.

Mr. Ramos

My name is Pedro Ramos. 62 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 I'm the President of the Board of Education. Chairman Kenny and members of the Council, I want to thank you for the opportunity to participate in this morning's hearing. The resolution calling for this hearing stated three goals: to determine how the School District of Philadelphia is cooperating with the City's public charter schools; to determine how the School District evaluates its charter applications; and to ensure the effectiveness of our currently-operating charter schools. We will address all of these issues in our opening testimony as well as responding to other questions received in advance of the hearings. Following my opening statements, School Board Member Chris James-Brown, who's also the Chair of the Education Committee, which leads the Board on this effort, will testify to the process by which the District reviews and evaluates charter applications. I will then address, after she speaks, some of the successes and challenges of Philadelphia's charter school initiatives over the past four years, and then go beyond my written testimony to address issues you mentioned earlier 63 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 in terms of trying -- a lot of what we're going to identify are some of those challenges and talk about the ideas. Let me say at the outset that we believe that public school choice is important to the ongoing effort to build strong communities and provide children with quality public education. In order to attract and retain families, all communities need to offer school choices that are a good fit for a broad variety of students, schools in which students and teachers feel secure and in which youngsters become well-prepared to take their places as productive citizens in the working world. The School District has for many years offered a variety of school choice programs that have served thousands of students each year, including our voluntary desegregation program, our magnet and special-admissions schools, and our criteria-based small learning communities. And public charter schools that match the vision expressed in the charter law, which includes innovation, improving student learning, professional growth opportunities for teachers and 64 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 schools, and accountability for performance provide an important expansion of school choice in this district. In just the four years since Pennsylvania's charter school law was enacted, our school district has been a pioneering participant in the charter school experiment. Philadelphia is one of the largest sponsors of public charter schools in the nation and is certainly the largest in this commonwealth. There are currently 34 charter schools operating in Philadelphia and one in the nearby suburbs, that together are approved to serve more than 14,000 Philadelphia students. Three additional charter schools are approved and have delayed their opening. So far in this year's cycle, we have approved three more. This brings a total number that could currently serve our students as of now to 41. As of now meaning for next year. As of this current school year, the enrollment in the Philadelphia charter schools that are open and operating constitutes nearly two-thirds of Pennsylvania's total charter school enrollment. While in most cases it is too soon to 65 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 declare success, or failure for that matter, we do know that the schools are offering a variety of different curricula and are evidently providing more parents with a preferred alternative to School District-run schools. We also know that of the first -- of the 1st through 12th-graders enrolled in our charter schools in the current year, approximately 27 percent did not come from the public school system, and that the schools that opened this year for the first time, the proportion of schools not coming from public schools was approximately 36 percent.

Mr. Ramos

Thus, public charter schools are increasingly a choice made by parents of students outside the public school system motives. Most of us would agree that parental choice is important in building support and a constituency for public schools. However, we would also agree that choice is not end in itself; we must offer choices that support the School District's objectives of increasing student achievement and satisfying our customers. Therefore, it is incumbent on the Board of Education, dealing with our public charter schools 66 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 as well as in dealing with other forms of school choice to identify and support those educational choices that have a reasonable likelihood of improving achievement and earning parent satisfaction. The charter law has afforded many families new educational opportunities and afforded the School District a chance to observe many different strategies. From my visits and other contacts with charter schools, I have seen innovation and more aggressive use of non-traditional strategies in a number of areas, including schedules and rosters, school climate, parental involvement, community involvement, special education, non-instructional (what I call "back office") services, professional development, fund-raising curriculum. I must also confess that in some cases, charters are indistinguishable from regular District schools in good as well as bad ways. While the charter law affords many families new educational opportunities, the law also imposes a significant operational and financial obligation on Pennsylvania school 67 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 districts that simply can't be ignored. million for the District in the current year. This figure includes transportation and administrative costs. million. " Students do not transfer out of a district -- out of a District school in neat packages of 30 students from a given grade in a given school, but more often in smaller numbers per class. A charter school of 300 students does not reduce our need for teachers by ten teachers, as one might suppose. Second -- this is what I call the? "General public school funding problem" in Philadelphia -- since the total State allocation to the School District is not sensitive to increased enrollment, when our charters bring us additional students, which I think most of us 68 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 would generally think is a good thing, historically, we only receive about $420 per student in additional State funding, whereas we're required to pay charter schools $5,558 per pupil from the District's budget for each regular- education student and 10,642 for each special- education student. This means that as more and more charter schools are approved, the per-pupil funds available to the regular School District schools as well as the funds available to the existing charter decrease substantially. Obviously, this flaw in the funding of this school reform effort is significant, given our projection of a very substantial operating deficit in the 2000-2001 year. We want to increase the number of educational opportunities for all public school students in the City, but we must do so in a way that is good policy and feasible, given our resources. Public charter schools also pose significant operational challenges to the District, and I'll talk more later about how we're dealing with some of this those. The annual 69 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 application renewal process and the modest level of day-to-day support provided by the District is making us devote increasing administrative time, people, and money. If the Philadelphia charters were regarded as a separate district, the 14,000 currently enrolled in charter schools would constitute the seventh largest school district in the Commonwealth.

Mr. Ramos

Next year, the approximately 18,000 Philadelphia students in public charter schools will constitute the third largest school district, beyond only Philadelphia and Pittsburgh. We want to expand the number of quality public charter schools we can offer, but we must do it in a way that is manageable for the District and responsive, considering the many students and parents being served. It's now my pleasure to introduce Christine James-Brown, a School Board member and Chair of the Education Committee of the Board of Education, who is going to address issues regarding the process by which the Board evaluates charter applications. Then I'll come back to talk more about the -- 70 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Thank you very much. Please identify yourself for the record.

Ms. James-Brown

Yes. Good morning, Chairman Kenny and other Councilmembers.

Councilman Kenney

Good morning.

Ms. James-Brown

I'm Christine James-Brown, a member of the Board of Education and current Chair of the Education Committee. I am pleased to have the opportunity to discuss Philadelphia's public charter school application process. This is obviously not the most exciting component of this presentation, but I think it's important and I ask you to bear with me. As you know, the Commonwealth passed Act 22, the charter school law, in the summer of 1997. Because the School District, like you, believes in many of the underlying principles of the charter school movement, such as accountability for results, community ownership, local control, and deregulation, we have led the state in supporting charter schools. The School District has received a 71 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 total of 100 charter school applications since Act was passed, 38 of which have received the 4 Board's approval. In comparison, the other 500 5 school districts in Pennsylvania combined have 6 granted charters to only 41 applicants, but these 7 numbers should not be interpreted to mean that 8 it's easy to get a charter school approved in 9 Philadelphia. We, the Board, believe it's our job 10 to approve only those charter schools that will 11 offer clear and needed alternatives to the 12 District and that will have the potential 13 leadership and know-how necessary to operate 14 successfully. 15 In addition to establishing charter 16 schools in Pennsylvania, Act 22 also sketches out 17 the process by which school districts must review 18 charter school applicants. The law outlines basic 19 criteria that must be met by all charter school 20 applicants as well as the timelines that must be 21 observed by both applicants and school districts 22 throughout the process. Beyond that minimal amount of guidance, however, the responsibility rests with the school districts to supplement and define the application process to best meet the 72 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 needs in their communities. We in Philadelphia have taken this responsibility very seriously. The Board has adapted the generic one-size-fits-all charter school application published yearly by the Pennsylvania Department of Education so as to craft an application that more accurately reflects what it takes to be a successful charter school here in Philadelphia. The most important aspect of Philadelphia's charter school application process is a set of high standards to which the Board hold each application submitted to the School District. When the Board examines the application, we don't just look for the best five or ten in any given year; instead, we use a review process that is criteria-referenced, which supports our goal to grant charts only to those proposals that will offer Philadelphia's children an educational choice that is worth making and to insist on accountability measures that will allow parents to make their comparisons about the track records of charter schools versus the track records of regular public schools. 73 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Also, we have supplemented our application with a comprehensive and detailed set of guidelines that assist the applicants in planning their school and in completing the application. These guidelines explain the selection criteria that the Board will use, and beginning this past year, they also laid out a set of priorities that the District established for where charter schools are most needed in the City of Philadelphia. Specifically, the guidelines state that the Board will show competitive preference for applications to established charter schools that are: 1. Located and serve public school students in over-crowded areas, specifically students in elementary and middle schools in the following clusters: Edison, Fels, Kensington, and the southern half of Bartram. 2. Will serve students from under-performing schools. 3. Will offer an alternative to students in comprehensive high school. 4.

Ms. James-Brown

Offer an alternative to students 74 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 with disciplinary problems. The Board recognizes the potential of charter schools to strengthen our all of our neighborhoods and to help stem middle-class flight. At the same time, the current charter schools already have a median poverty rate that is points less than the School District as a 9 whole, and three of the charters have poverty 10 rates below those of any regular District school, including are special-admissions schools and an those located in the highest-income area of the City.

Councilman Kenney

Could I interrupt for one second?

Ms. James-Brown

Yes.

Councilman Kenney

You had given me four clusters -- well, I don't know if we even use those terms anymore, but we will for the sake of argument. Four clusters in each criteria -- this was overcrowding which was the one you gave for Edison, Fels, Kensington and. Bartram.

Ms. James-Brown

Yes.

Councilman Kenney

Then there was under-performing -- 75 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Ms. James-Brown

From anywhere in the District under-performing.

Councilman Kenney

So there's no 5 specific clusters that are identified as either under-performing or disciplinary issues.

Ms. James-Brown

Right. The under-performing criteria is citywide; it's just the schools that are under-performing. And, frankly, they're the schools that have now been identified as part of our empowerment plan for needing increased attention.

Councilman Kenney

And do they reflect any specific cluster group?

Mr. Ramos

I think there's a different -- with respect to the under-performing schools, what we're saying -- what we were saying in the competitive preferences was, for example, if you're near a poorly performing school and you want to set up a charter in her that area that is likely to serve that community, we would give that -- you know, that should count in favor of the application.

Councilman Kenney

But the under-performing and -- 76 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Ramos

(Unintelligible; parties talking over each other.)

Councilman Kenney

Have you identified either the under-performing and the disciplinary issues? Are they also reflective of the overcrowded clusters?

Ms. James-Brown

Well, in some situations, there may be a relationship between the two, but we were looking in particular at how to relieve the burden on very overcrowded schools and we could those schools and those clusters.

Councilman Kenney

Okay.

Ms. James-Brown

But then we also wanted to address parents who may want to give their children a choice if their neighborhood school is a school that's under-performing educationally.

Councilman Kenney

Okay. I'm sorry to interrupt. Please proceed.

Ms. James-Brown

We will work hard to continue to ensure that the charter initiative serves all our neighborhoods and all of our student to the maximum degree. Looking ahead to the future cycles, our 77 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 charter school application will purposely remain a work in progress, as the Board will continue to use each year's experience with the charter school initiative to inform and refine the questions and criteria that make up the following year's application. The charter school application process, as mandated by the charter school law, is a vigorous one, both for the applicants and the School District. There are, however, a number of ways charter applicants can receive support from the School District, the State, and from other organizations. By state law, the School District's principal role in the charter application process is that of an evaluator of charter school applications. However, the School District has also made an ongoing effort to provide assistance to the charter applicants. The School District holds an information session for Philadelphia charter school applicants each year in the early fall, and District staff are available to answer applicants' question via telephone and e-mails year-round. 78 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 It should be noted, however, that extensive support to the applicants would be inappropriate for two reasons: First, more active support for the development of the application could create a conflict of interest with our role as evaluator of these applications; and, second, all resources we put toward these efforts come at the expense of the District's other schools because the charters receive their full share of all administrative dollars in their per-pupil application. State support for applicants comes from two forms: First, the Pennsylvania Department of Education provides start-up funding in the form of planning grants ranging from 10,000 to 25,000 to dozens of prospective charter school applicants each year. Applicants are free to use this money in a variety of ways as they attempt to pull together their charter school applications. The State also supports applicants by conducting workshops that guide applicants through the process. Finally, applicants in Philadelphia have access to one of the two State-endorsed 79 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 charter school technical assistance organizations: Drexel University's Foundation, Inc. is one of the few groups that has been working with Philadelphia charter schools since 1997. Foundations is able to provide applicants with a wide range of Philadelphia-specific resources and suggestions. Each year, many applicants utilize the technical assistance services provided by Foundations, and we have also seen an increase in applicants that have received support from education management organizations. This year's application cycle, the School District's fourth, resulted in 27 charter school applications. The applications proposed charters that would serve a wide variety of students, from elementary, middle, and high school students, to at-risk students and students interested in learning about technology and other issues, to make a few. We have received two applicants that propose to serve students in their homes by using the Internet. Once the School District receives the application, we are required by Act 22 to adhere 80 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 to an extraordinarily tight schedule. The Board requested that School District staff read each application and prepare a report assessing whether it met the selection criteria outlined in the application guideline. As required by State law, the Board then led public hearings, accepted any additional information that the applicants chose to provide after those hearings, reviewed the complete applicant and stat summaries, and voted on whether to grant or deny charters. All of this is done within roughly a four-month period.

Ms. James-Brown

The School District takes this process seriously and we commit the resources necessary to remain in compliance with the law's tight, tight frame. Over the past four years, the Board has approved, as I said earlier, 38 out of 100 applicants. While it would not be appropriate for us to discuss the merits of any particular charter proposal in this setting, I believe it is helpful to give you a general sense of the kinds of reasons that the Board may disapprove a charter request. I will do so using the applications received for the fall of 2000 as an example. 81 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 As you know, only applicants of 27 3 were approved this year. While the proportion of the approved applications was lower than in previous years, there are reasons: Two applicants withdrew before completing the process; Two were from groups based outside of Philadelphia and had no demonstrated ties to the communication, which they must have, according to State law; Six were resubmissions of applications that were rejected in previous years, and the new submissions did not show significant improvement to warrant approval; Among the remaining applicants, reasons for rejection may have included an applicant's failure to indicate that it would be able to obtain a building to house the program, lack of evidence of a sound financial plan, lack of broad, sustainable community support, concerns about impact on the District's desegregation plan, and/or inadequate descriptions of the curriculum assessment and instructional program. As I have said earlier, the Board of 82 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Education values the potential of charters to give our students and parents solid educational choices. At the same time, founding a new school is a very complex venture -- logistically, financially, and educationally. And we want to be sure that each charter will be on solid ground. The Board take very seriously our responsibility to ensure that charters that we do approve have a real chance of succeeding. The final step that Act provides at 12 the District level is to permit applicants who are 13 not granted a charter by the Board to resubmit 14 their applications to the School District. This 15 year, we received a total of 13 requests from 16 applicants to reconsider their application. 17 According to the charter school law, the Board 18 must take action on the resubmitted applicants on 19 May 7th. Any applicants who are denied approval 20 at this stage may appeal to the State. 21 In closing, let me say that I look 22 forward to receiving comments on the charter school application process. As I stated earlier, the process is, and will remain, a work in progress as the School District continues to learn 83 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 more about charter schools and their important role in the education of Philadelphia as's children.

Councilman Kenney

Thank you very much. Mr. President, you had more additional comments?

Mr. Ramos

Yeah. I'm going to ask you, Mr. Chairman, whether you would prefer to do questions on the process before going on to my recapping of the --

Councilman Kenney

Yeah. I have a few process questions that I -- I don't know if other members of Council do, but I'd like to talk a little bit about the process. My understanding currently when a potential charter applicant applies, they make a presentation and a panel of the School Board writes up an evaluation, which is ultimately used by the Board in its final deliberations. Could you explain what the charter applicant actually does -- I mean, who they appear in front of, what they put forward, do they do an oral presentation, what happens? 84 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Ms. James-Brown

Councilman Kenney, let me clarify one thing. Two years ago, we -- in an attempt to make sure that we were approaching the review process in the most appropriate way, we actually asked a panel of educational experts to work with us to evaluate the proposals and to share the results of their evaluation with the Board. We discontinued that approach for this year.

Councilman Kenney

That was my next question, but you can tell us -- well, I guess I'll allow you to answer my next question, which is, why did you discontinue that approach?

Ms. James-Brown

Okay. We found that many of the questions and concerns that were identified by the review panel could have also been identified by District staff in a much more efficient and effective way. It was very difficult to attract a group of people and ask them to volunteer a very substantial amount of time in a very tight time frame to the District. So that was one problem, the ability to attract and retain volunteers to the process. But in addition to -- 85 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Without questioning the motivation of any School District employee, and certainly there's a lot of wonderful people working for the District and there's no doubt about that, isn't there -- considering the District's concern, just general philosophical concern over the loss in their view of resources, economic resources, as a result of the charter school phenomenon and Act 22, would there not indicate at least maybe some slight prejudice against approving too many of these, and that would not an independent panel of educators, despite the difficulties surrounding that, give the charter applicants a little more believe that the process is being handled in a fair and unprejudiced way?

Ms. James-Brown

Well, I do want to go back to the prior statement about the independent panel and I want to come to this too.

Councilman Kenney

Okay.

Ms. James-Brown

This is a work in progress and we want to get it right and we want to get it right for ourselves as well as for the children in Philadelphia answer that in a couple 86 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 of ways. I think the first way is that the reason that we decided to establish an independent panel was that concern, that we wanted to make sure that people understood that the Board wanted to approach this in the most objective way. But I also want to say that this school board believes that charters are in fact part of our public education system, and we are very committed to the success of charters. There is a great deal of detail in the charter law, in the requirements, in the criteria that it is important for people who are reviewing to go understand and have at their disposal quickly. We thought we were shortchanging the charters in many ways to ask people to come in and to work on the process on a very limited time basis without the substance of information that they needed to do it effectively. In addition to that, we felt that by laying out criteria in a very, very clear, objective way and asking a certain list of questions of all applicants and asking for that information in the same way, that we could make sure that the process was as fair and as objective 87 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 as possible.

Councilman Kenney

I mean, I'm not trying to recreate the wheel and certainly not second-guessing your decisions; you're an independent board appointed by the Mayor and you make your own decisions as you see fit, but could that not same thing have been accomplished by using the independent board along with staff from a technical standpoint? Could a combination of that -- a hybrid combination of that independent and staff actually been more fair?

Mr. Ramos

And, Chairman Kenney, if I may, I think you really underline, you know, one piece of what Chris said, which was that this is a work in progress for us. I mean, every year, we're learning something else from the process. And, you know, certainly, one of the things -- once we're through the reconsideration process, one of the things we have to do is sit back, you know, and take -- especially given, you know, some of the issues, we have, you know, more perception problems this year, look at the whole process and address some of those concerns. And that may mean going through some hybrid form -- or 88 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 yet invent another form, you know, and maybe that -- and, you know, looking forward to next year, try to, you know, improve.

Councilman Kenney

In that reevaluation process that's ongoing, one of the things that has been brought up to us continually, as far as our investigation into this whole thing, has been that it's almost as if you give your presentation, you submit your application, and then you're either rejected or approved. There's no, Well, maybe we -- it's almost like dealing with L&I sometimes, where you go with your plans and you sit down, and L&I says, No, it's disapproved. And then you come back again and -- but no one tells us what it is you're doing wrong or what needs to be improved or what needs to be fleshed out or what needs to be evaluated better. And then come back, maybe a phase process -- I understand the timeline is tight, but is there any way to get comments prior to the formal rejection so they know where they messed up?

Ms. James-Brown

Well, I do want to go back to the prior statement about the independent panel and I want to come to this too. 89 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Okay.

Ms. James-Brown

This is a work in process, and we want to get it right, and we want to get it right for ourselves as well as for the children in Philadelphia. We have been meeting with representatives from the charter school movement and there are lots of ideas on the table as to how we can improve the process, including a peer review, where the other charters are involved in looking at potential charter applicants. There are issues there in terms of, you know, the intent and closing it and those kinds of things, but we want to get it right. So we are going to look at information that you collect as a part of this hearing and other things to try to get it right. But what I wanted to explain to you is, the independent panel was an experiment. We may reinstate it or we may look at another way to look at the issue.

Mr. Ramos

You also pointed out another thing, Councilman, which is, it's a little bit more than put it in and then hear back.

Ms. James-Brown

Right. 90 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Ramos

Because there's the hearing process. You know, I think Chris mentioned the risk of getting entangled, and the other one is just sheer capacity. One of the things we're looking at in the context of the reorganization, which, you know, folks started hearing about yesterday, I guess, is looking at whether the District would be well-served by having somebody that's reporting to the CEO or to the CAO that is in charge of alternative schools, you know, a high-level person responsible for the relationship and for dealing with services not just of charter schools, but the array of alternatives to School District-run schools is increasing; for example, community education partners, some other type of contractual relations. So we would -- you know, one of the things that Phil Goldsmith is looking at on the managerial side is how to better manage the relationship.

Councilman Kenney

And I know you didn't want to talk about any specific applications that were rejected or approved, but I 91 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 need to explore a little bit so that I have a better understanding as to what generally was much better or better for the three that were approved than the who were rejected. If you could give 6 me some ideas as to what it was about those three 7 that made them far and above the other 22 and then 8 led to their approval. 9

Ms. James-Brown

I think, in summary, 10 when we look at charters, the primary focus is on 11 the curriculum and instruction and the plan and 12 whether or not there is a research base to that 13 curriculum and how well-thought through it is and 14 how well it matches the vision for that school. 15 That, I would say, is number one. It's the amount 16 of care and thought that the applicants gave to 17 the curriculum and instruction component of their 18 application process. 19 The other two that tend to be the 20 Achilles Heel are the soundness of the financial 21 plan and simply the facility and whether it looks 22 to us that they will be able to go through the tremendous effort that it takes to move from the time that the charter is conditionally awarded to the time that they have to open. 92 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 And I think that this Council needs to understand that one of the things that the District has been committed to is not requiring that charters come into the process, as some districts do, with everything signed, sealed and delivered. In other districts, they're able to say, If you don't have a building and if you don't have all of your finances in order before you submit the application, don't even bother. We felt that that would take away from the community nature of the charters that we wanted to see. But by doing that, we set them up for potential failure if we don't see evidence in their application that they know how to go through the process, that there's a good chance that they'll find a building and a facility and go through with L&I and everyone else and everything that's required to be able to open a school with a safe building for the students.

Councilman Kenney

Do you expect that all three that have been approved will be open in September 2001?

Ms. James-Brown

At this point. . .

Mr. Ramos

The best information we 93 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 have is that they're planning to open on time.

Ms. James-Brown

But I do need to say that at any point in time, a building could disappear for charters. You know, charters are competing for a limited number of buildings that are out there. And they can, with all good intentions, have gone pretty far down the road and then the building disappears on them, and that's not through anything that they've done incorrectly.

Mr. Ramos

Or you can hit a wall and find an "oops," which is going to cost you several months of environmental --

Ms. James-Brown

Yes.

Mr. Ramos

Another piece of the process, I just wanted to point out, Councilman, that I'm not sure Chris hit on is that in the resubmission process for these 13 schools that applied for resubmission, the Board -- I mean, there are two ways the Board could handle that. One is to say that it's a resubmission and all we will consider is the original record in a very legalistic way. And if, you know, unless you're clarifying something about the existing record, 94 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 we're not going to consider new information. Our posture has been, we do consider new information that's submitted in the reconsideration process.

Councilman Kenney

What's the percentage of reconsiderations that are ultimately approved by the Board? And then what percentage -- again, if you don't have the information, we can get it. And what percentage of those are ultimately -- ultimately those that are turned down are instituted on appeal?

Mr. Ramos

On reconsideration, I don't know the history.

Ms. James-Brown

No. 15

Mr. Ramos

I don't know that we had done any yet. On appeal, I think there have been. . . 3 of 6.

Councilman Kenney

Okay, of have been --

Mr. Ramos

Granted by the Appeal Board.

Councilman Kenney

By the Appeal Board, but we don't know how many have been granted -- or have any been granted on reconsideration by the Board? 95 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Ms. James-Brown

No. 3

Mr. Ramos

No. I don't --

Ms. James-Brown

We can get that to you, but I don't recall.

Councilman Kenney

Okay.

Ms. James-Brown

And I do need to say that we were much more specific about the opportunity for resubmitting in this past cycle than we had been in the past, so we were much more specific about the opportunity to resubmit this time.

Councilman Kenney

Do we know of the 14,000 charter school students currently in the system what percentage have come from the traditional public school and how many have come from sources outside of the traditional public school?

Mr. Ramos

We can get you more detailed information. The testimony I gave said that with respect to 1st through 12th-grade students, the percentage that were previously not in public schools was 27 percent, I believe. And for the new schools that opened this year, that percentage was. . . 96 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Ms. James-Brown

36.

Ms. James-Brown

36.

Mr. Ramos

It was 36 percent. So it is -- they are students coming from schools other than School District of Philadelphia.

Councilman Kenney

But two-thirds approximately of the students are coming from traditionally public schools.

Councilman Kenney

Around two-thirds, around two-thirds?

Councilman Kenney

I'm not great at math but I'm just. . . And I understand from your testimony that that two-thirds moving from the public to the charter doesn't necessarily mean a reduction in teaching staff.

Mr. Ramos

Yes -- it does some.

Councilman Kenney

It does some, but not -- (Unintelligible, parties talking over each other.) 97 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Ramos

We currently budget around $10 million worth of savings, but that is up against around $76 million worth of --

Councilman Kenney

See, that's -- part of what I need to understand is how 27 to 36 percent of new students in the charter system creates a $70 million burden, when two-thirds of the loss of students out of the traditional public school system creates a $10 million savings. How does -- in my mind, that doesn't compute. I mean, we're saving $10 million by losing two-thirds of the students who went to traditional public schools, but we're taking on a burden of 60 to $70 million for one-third of the students coming in from outside of the system. How does that work?

Mr. Ramos

I guess my question is, how much detail do you want and do want it here or in writing?

Councilman Kenney

No, just the -- the perception is that charter schools --

Mr. Ramos

We have to be general.

Councilman Kenney

Yeah.

Mr. Ramos

And I won't purport to -- 98 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 because this is -- a lot of this, just for me anyway, was very counter-intuitive. You know, how do you --

Councilman Kenney

Yeah.

Mr. Ramos

You know, how do you -- when you're paying out 75 percent of your average per-pupil expenditure, how do you not generate savings from that? And there are, you know, a couple -- and so this has been my own learning process. You know, first of all the lower percentage is taken into account that is pulling out things like categorical funding, transportation, special ed., each of which the charter public schools have an opportunity to get kind of on their own. And then you have the two problems -- two flaws, really, in the funding consume. One is that when you get approved as a charter school, now you're in the same financial boat as the rest of the public schools of Philadelphia, and to the extent that enrollment increases, we all know over the last 12 or so years that what happens is, the pie gets just cut up thinner, because while your 99 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 average, you know, revenues from the State may be, you know, between 3 and 4,000, the average new revenue from the State per student is 400-something dollars. So that's one that you're kind of in the same flawed funding system that affects all public school students in Philadelphia.

Councilman Kenney

Is it safe to say -- I'm sorry, go ahead.

Mr. Ramos

And that's more about, I guess, the 30-something percent. The second piece is the stranded -- you know, the stranded overhead issue. If you'd like, you know, I can call somebody up to, you know, give a slightly more detailed --

Councilman Kenney

Is it safe to say in general -- and this is not your fault because you've inherited this system -- that the traditional public schools are simply more expensive to run for other non-academic reasons than the charter schools are, in that you have contractual obligations, you have traditional customary ways of spending, and the things that you do in general, because the system is what it 100 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 is and is as old as it is and is as cumbersome as it is, that it actually costs you more money per pupil to educate a kid in the traditional public school than in the charter. Because if they're doing it for 30 percent less dollars and you guys are not realizing the savings of a loss of two-thirds of the students involved in the charter school system or originally in the public school system -- and there's lots of reasons for that -- it would seem that in general, because of history, tradition, contractual obligations, that it's more expensive to run the traditional public school than it is the charter school.

Ms. James-Brown

Councilman Kenney, I would -- and, again, not strictly in financial terms, I think I'd want to say two things: One is that the assumption that was made in the charter law that there would be a dollar-per-dollar exchange, that as a student moved into a charter school, we would realize the whole savings, is not a valid assumption.

Councilman Kenney

I agree with that.

Ms. James-Brown

And we know that and 101 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 we've talked about that. I think that whenever you compare one school to a system, the costs are either greater or less, and one of the things that the District is doing is spreading costs across. You know, high schools are more expensive, middle less. So those kinds of things are going on. As a city, as a community, as we think about the charter school movement, and one thing we have to get on top of as a community is that each one of those charter schools are not benefitting from the economy of scale. So that as each one of them starts to have to hire one of everything, and we don't look at how we can collectively as a city allow them to benefit from economies of scale, we're going to end up with a massive, massive problem, which is one of the reasons that, from a District perspective, we've been looking at a few things. One is, how can we structure ourselves to be more attractive and to provide opportunities for the charter schools to come to the District for services, and some of them -- in some places, that's already happening; food services, for 102 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 example. The other thing that we are doing is looking at where are the students coming from, what's been the impact on those schools, and how can we make sure realizing all the savings that we need to, and how can we really step back as a district and proactively start to look at how we can rethink where our kids are going to school and where schools are located so we can benefit from the savings of charters. You know, we really do have to realize it better, but at this point in time when you have overcrowded schools, you have to address that.

Mr. Ramos

Councilman, I'd like to answer --

Councilman Kenney

But at this point in time, the District's position is, not only are you not benefitting from the savings associated with charters, but there's actually more of a burden on the District because of the funding --

Mr. Ramos

And I think you raise -- I mean, there's two issues here. One is -- and both of them are complex but also very interesting. One is, why is it that the School District loses 103 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 money? And that we can talk more about in as much depth as we want. The other one, which is more intriguing to me, is the question of -- 'cause I've already been talked to death about the other one -- is how is it that from the other perspective, from the charter school perspective, how is it that some of them can do some of the things that they do with the money that they have? And there's, I think, a lot of variables that, you know, it would be dangerous to try to oversimplify it. Some of the issues may be just with the, you know, with cost of labor and things like that. There are other -- a lot of other nuances, and I'm just toss some examples out just to give a flavor, because this is something we've been looking at and are very interested in. I went on a spying mission of Brien Gardiner's school to try to look at -- specifically in special ed. because I heard about some of the stuff they were doing and I was trying to see what ideas we could steal. But some nuances. Elementary versus high school, for example. We often talk about our average per-pupil expenditure. In fact, 104 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 elementary schools are cheaper, high schools are more expensive. The formula for charter schools is, you know, it needs to be simple, so it's based on an average. So, for example -- and there are, at least in one state, and I don't remember whether it was Illinois, the issue arose, should you be paying elementary schools less and high schools more? One of our experiences and one of the things you heard when we talked about preferences is, we would like generally to see good high school -- good-quality high school applications. And maybe one of the reasons we're -- you know, maybe one of the reasons elementary schools are being able to do some things and high schools -- and we're not getting more high school applications is because really in comparison, you're not talking apples to apples. Maybe elementary schools get relatively too much, although I think charter schools, because they're part of our public school system, are under-funded the way the School District schools are. But relatively speaking, elementary are cheaper than high schools, you've got more 105 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 elementary schools out there and fewer high schools. Special education. And many, many schools have fewer special-education students, certainly fewer that -- I mean, we have special-education students that could easily bankrupt a charter school in a day. We did a resolution about a month ago for one service -- one of the services that one child needed that cost $145,000. I mean, I don't know which charter school could sustain on $10,000, which is what we would give them, you know, that kind of hit. So that student's going to be in a School District school. Or it's not really in the School District school; it's someplace else and it's being paid for by the School District. Poverty rates. The -- as a group, charter schools have a lower poverty rate than the School District. With that, we all think comes some additional challenges, although they, as we, can apply for Title funding. And some of the other issues. You know safety is a -- you know, safety's an issue, and we're trying to do a lot there. That's 106 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 $25 million in security this year for the School District. And it's easier to manage when you're doing one school as opposed to a system. And that's just --

Councilman Kenney

And maybe we're moving towards an argument that we should be decentralizing and maybe chartering the entire city. (Unintelligible, parties talking over each other.)

Mr. Ramos

And we're trying to learn, you know, first of all, whether, you know, look at the whether and then look at the how. And, you know, one of the issues that's a little bit easier to grasp is the difference of the cost between running an elementary school and a high school. But some of the other issues, you know, there are some areas --

Councilman Kenney

But a lot of these charters are running both elementary and middle schools, too. So, I mean, they're not -- there's a --

Mr. Ramos

Well, high schools are expensive. 107 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

And high schools are expensive, I assume, because of the teaching, the labor costs by tenured, more experienced teachers who are making more money in the high schools than -- what's the issue relative to the larger expensive high school versus elementary or middle?

Mr. Ramos

I mean, I would be going far beyond my level of knowledge. But I expect, you know, issues are seniority. There's less -- you know, you have departmental responsibilities, you've got programmatically a lot more that's going on in the high school than in the elementary school. You've got the football team, you've got other things.

Ms. James-Brown

And activities.

Mr. Ramos

So that high schools -- I know it's a fact that they are -- I would need help to explain more in depth why --

Councilman Kenney

Well, I'll be interested in making a request for information in the future that if you could give us an idea as to what the difference in cost is between elementary, middle and high and what factors into that 108 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 inflative cost of high school versus the other two.

Mr. Ramos

We'll get you that, Chairman.

Councilman Kenney

Okay. Just one more question. I don't want to monopolize, but I just wanted to get one more question in relative to the initiative or the belief of the District, of the Administration that charter schools in some way will help us maintain middle-class, working-class families in the City. As I understood the testimony, and correct me on the testimony and on whether or not my assumption is correct, that charter school applications get additional points or get additional credit towards approval if they are doing a number of things, and that is relieving overcrowded situations in various schools, dealing with schools that are underachieving in their test scores, and schools that are experiencing disciplinary problems. So if you're establishing a charter around one of those schools, you have more of a chance or get a better score, I guess, as a result -- as it moves towards approval. 109 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 How does that reflect -- how do those three needs reflect the demographics and the socioeconomic status and the middle-class status and the working-class status of various neighborhoods? Are we not in some ways -- and this may be just my confused logic as I move to the end of this. If we weight the approval on those three issues, are we not naturally going to have less approved in more stable working-class, middle-class neighborhoods? And aren't we then -- (Unintelligible, parties talking over each other.)

Mr. Ramos

. . . remedial mode as opposed to holding on.

Councilman Kenney

Correct. And in the end, are we not addressing the needs to maintain our middle- and working-class by refusing to approve charter schools in areas that are middle- and working-class.

Ms. James-Brown

I think that I can not disagree with the problem, and it's not as scientific as extra points awarded. We wanted to be very clear with the applicants that this is 110 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 where we really need some help, and it is where we knee some help. We also realize we need some help in certain communities that, you know, you could see the middle-class flight. That up against our responsibility related to deseg. and everything else that we do --

Councilman Kenney

Can I make it clear just for my own protection here.

Ms. James-Brown

Mm-hmm.

Councilman Kenney

We're not talking about middle-class, working-class flight; I'm talking about every socioeconomic, every ethnic and racial group. When people get to a certain level, no matter what their background is or what their race or ethnicity is, when they get to a certain level of income and education, they are likely to consider moving, and they have the opportunity to move. So this isn't a white flight issue; this is more a middle-class, working-class flight issue. And I wanted to make sure that that's where I'm --

Ms. James-Brown

And that's how we're 111 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 taking it.

Councilman Kenney

Okay.

Ms. James-Brown

It is a balancing act for us just like it is for you, in terms of how do you make sure that where our services are most needed, you get them, but not at the expense of where you want to try to maintain the population and commitment.

Councilman Kenney

And is it more likely, though, that in neighborhoods that are struggling, you will have less of an opportunity to have more people engaged in the educational process that you need to support both economically and socially and educationally what you're looking for in a charter school that you think is going to be successful. So the poor or the more deprived and more struggling the neighborhood, the less likely they may be able to meet the criteria necessary to say, yes, in fact, this charter school could work.

Ms. James-Brown

Not necessarily.

Councilman Kenney

Okay. I'm just --

Ms. James-Brown

But, but, not necessarily, but it is indeed another one of the 112 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 challenges that we dealing with that -- and this is not a process where we can say that, you know, these are the rules, this is the waiting -- we're trying to, number one, make sure that we provide a variety of opportunities and are responsive to parents and what they want to see for their children.

Councilman Kenney

Well --

Ms. James-Brown

But at the same time, we're trying to manage the fact that we are also struggling with schools that are tremendously overcrowded, that are under-performing. We also have to give those parents options. So it's a constant balancing act for us.

Mr. Ramos

One of the things that we would seek in terms of legislative changes would be the ability to make this a less reactive process, 'cause one of the challenges is you end up -- you know, you have ideas about what you'd like to see happen, but the role you have is pretty -- you know, is just you responding to proposals. And one of the things that would make a lot of sense would be to be enabled to do a 113 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 strategic plan for charters that takes into -- weighs the issues of what areas are more neglected and what areas are more -- almost the way you did with the blight plan, and Debbie could talk about that. But getting the flexibility --

Councilman Kenney

I'm sorry, the blight plan?

Mr. Ramos

The Neighborhood Transformation Initiative, I'm sorry.

Councilman Kenney

Oh, okay. (Inaudible parties talk over each other: )

Councilman Kenney

I'm glad somebody knows about the plan.

Ms. Kahn

But I think what your point is, is that it really raises the question. We're all saying using charters strategically; what does that mean? And I think there are two aspects to using them strategically. One is the global sense that has to do with maintaining neighborhoods and keeping population and potentially even growing population in the City. The other area to think about is how to use them strategically for the sake of the 114 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 School District, meaning how do we complement what's already available within the School District, how do we use charters to be able to operate more efficiently and effectively. So I think there are really two roads and I think we can maybe get to both places, but I think you point out, you know, what those two roads are.

Councilman Kenney

Councilmember Brown.

Councilwoman Brown

Thank you. You mentioned that that discussions are underway with regards to doing what can be done to amend the existing charter school law. How optimistic are you? I mean, the discussion has pointed out a number of flaws. Where are we with that process?

Ms. James-Brown

I think that, Debra, you really need to speak to it. But let me just say in general that there's a lot more support statewide so that the District does not have to be out in the lead on this and get ourselves isolated. A number of the districts are experiencing and a number of the 115 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 charters are now experiencing similar issues and similar concerns that will make it easier for us, I think, to move it forward. I do want to take this opportunity to thank you, Chairman Kenny, for having the hearing. And you did know in advance that I have a commitment.

Councilman Kenney

Yes.

Ms. James-Brown

I will read the transcript carefully, and it will be an important piece in our decision-making about how we can make the process much smoother for the future, and I think the need to focus on it strategically and a proactively, as you pointed out, is absolutely critical. And we'll make a commitment that that will be the way that we'll approach it moving forward, and that's been the way we've wanted to approach it, without the constraints.

Councilman Kenney

Thank you very much. Councilmember Nutter has -- I'm sorry.

Ms. Kahn

Yeah, I would just note that I know that Tom Gentzel is here from the Pennsylvania School Board Association, and he can 116 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 speak to this issue as well. We -- a number of committees in the General Assembly have held hearings on this, and as I mentioned in my testimony, I did go up, I don't know, a couple of months ago now, and speak to the Senate Education Committee, and it was really an interesting experience because we were one of about, I don't know, seven or eight school districts that had spoken at the time, and we actually came up last. And there were a wide variety of school districts -- Bensalem, Bethlehem, tiny Wilkinsburg, State College, and (indiscernible). They discussed really similar experiences. On the one hand, looking at charters as having the potential to provide, you know, complementary educational offerings for their students, but getting caught up in the difficulties of the application process, the fuzziness surrounding the accountability issues, and last, but not least, the financial aspects. And we talk about big numbers here, and they're a lot for people to absorb, but in a tiny school district, when you haven't anticipated or 117 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 counted on, you know, that kind of outlay either, I think, you know, that the consequences can be equally serious. So, you know, we're doing it, there may be several options to open up the law but we're going to pursue that as part of and in addition to the budget process as well.

Councilwoman Brown

I must tell you, I've been in a big way enlightened and better informed about your process. And two things I wanted to do mention that helped me as you're bounded by the State Department of Education with regards to application, correct?

Ms. Kahn

(Nods head.)

Councilwoman Brown

And the additional criterion you developed are on top of what the State Department requires, correct?

Ms. Kahn

That's correct. And I think that's the issue is that right now, the local school boards can, in fact, establish, as I think the Board called them, you know, "preferences" or "competitive advantages," but the local school boards are not permitted to limit their consideration of applications to those competitive 118 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 advantages. And that's when the Appeals Board would kick in and applicants would have the right, one, to ask for reconsideration; but, two, also to go to the Appeals Board. So that's right, it's something you can do as part of what is already a prescribed process, but it is not something that you can do only; it must be more open than that.

Councilwoman Brown

Finally, on of your testimony, you mentioned that reasons why an application -- or one reason why an application may be rejected is concerns about impact on the District's desegregation. Plan speak to that, please, further. What does that mean?

Mr. Ramos

It was a part of Chris James-Brown's testimony. There are two general issues to my -- and this is one of the areas where, I guess, we have our equity and our legal folks weigh in on the application and review process.

Councilwoman Brown

Okay.

Mr. Ramos

But there are two general issues that I believe are reviewed: One is, what's impact on the neighboring schools and their 119 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 -- and their racial deseg. stability -- I don't know what the jargon is.

Councilwoman Brown

Okay.

Mr. Ramos

And the second is whether any -- what -- for the school itself, whether there are concerns about the school being racially isolated.

Councilwoman Brown

Okay.

Mr. Ramos

One of the concerns that has arisen generally is that many of the charter schools do have -- I mean, they're -- the charter schools, to some extent, reflect communities in which they're located. And because we're a city that is often fragmented by race, that's reflected in the charter school applications. One of the things going forward that, you know, that I've thought about in terms of things we could do differently is perhaps encouraging charter schools or perhaps requiring charter schools, and maybe even applicants, to say what they -- we already asked them what they're going to do to recruit.

Councilwoman Brown

Mm-hmm.

Mr. Ramos

But one of the vehicles the 120 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 School District uses for desegregation is something we call the "desegregation lottery," which, in essence if the applicant pool of students is not -- doesn't reflect the School District's demographics, that having, you know, a system so that, you know, perhaps a deseg. lottery that ensures a higher representation of minority students or, you know, whatever the case may be.

Councilwoman Brown

And you say there's conversation to --

Mr. Ramos

What I'm saying is one of the questions -- and this is very informal -- that I've asked is, you know, how do you do your lottery? And I've asked charters at least -- you know, I've asked at least one charter school whether they thought they had the power and the right to do a deseg. lottery the way the School District does the deseg. lottery. And I was pleased with the answer of that school, which was that they're not -- no 22 one's told them they can't, so one of the plans they have is to do that.

Councilwoman Brown

Okay, thank you very much. 121 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Councilmember Nutter.

Councilman Nutter

Thank you, Mr. Chairman. I think it was morning when you started and you've now crossed the dividing line. Good afternoon.

Mr. Ramos

Good afternoon.

Councilman Nutter

Let me just ask a couple fundamental questions for my own understanding of this. Who's in charge of charter schools for the District?

Mr. Ramos

Well, the approval process is one that is under -- because it's a very Board thing --

Councilman Nutter

Right, I understand that.

Mr. Ramos

-- because it's under the direction of the Education Committee.

Councilman Nutter

But you approved the 34 schools --

Mr. Ramos

In terms of staffing, it's been run -- the primary hub has been the Office of Policy and Planning -- I don't know if that's the 122 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 right name -- headed by Diane Castle Bono, and she's got two staff people, Judy Castle and I don't know Jason's last name, and Jason has the distinction today of being here. Judy just had -- Diane just had a baby and Judy's been very ill, so we've got the last man standing here. But there are responsibilities, you know, when issues come up that obviously tap into the School District. One of the -- we have a couple concerns about how we do it now. One is that we need to -- I mean, it's morphing. It started off as policy and planning because it was something new, and the people that were analyzing it became the people that ended up becoming the operational people.

Councilman Nutter

Right. I just --

Mr. Ramos

And one of the things we're looking at now is --

Councilman Nutter

I just often wondered who was in charge of that part of the operation. (Unintelligible, parties talking over each other.)

Mr. Ramos

One of the things that's 123 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 going on is Phil Goldsmith and his planning for reorganization is looking at where that office should report, whether to the CAO or to him, given the higher profile and looking to that office to be also a relationship office.

Councilman Nutter

Right.

Mr. Ramos

Rather than --

Councilman Nutter

I mean, I understand that. And, obviously, the District has to organize in a way that it feels comfortable. You know, when it was three or four schools, or however many, you know, we initially kind of came out of the box with, I guess that's one thing. But, you know, as we've continued to evolve in these various management structures -- I think when I initially got here, we were still in regions, then we moved to cluster, and they, I think, expired the other day. (Unintelligible, parties talking over each other.)

Councilman Nutter

And now we're going to -- what are we doing, academic centers?

Mr. Ramos

Excuse me?

Councilman Nutter

What we are doing 124 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 next is academic centers; is that the new game plan?

Mr. Ramos

Well, there's a different structure in which we would have eight area academic units that are in charge of instruction and the people they have are people that are instructional, moving kind of the parallel administrative functions to other places.

Councilman Nutter

Yeah. I mean, whether it's going from the 34 plus in operation today, approved but delayed, 3 approved and possibly going forward, so I mean, somewhere in the, you know, it's definitely 35, it's upward of 41. I mean, even in the old cluster model, I mean, that's got to be at least 2 going on maybe 3 clusters worth of schools just, you know, in total.

Councilman Nutter

You know, sometimes you kind of know where you stand in an organization depending on where you are on the organizational chart, and I don't have any issue with -- what is it, policy and planning, planning and administration, planning and planning, 125 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 whatever the office is. But someone does have to try to figure out what you're going to do with something new. It might be time in a reorganization -- I'm sure you'll address this. I mean, they need to be somewhere.

Mr. Ramos

Yeah, and that's where --

Councilman Nutter

And I often have wondered, for instance, who do they call if they have a problem in the region system, cluster system, academic center system, you know, somebody's in charge of X-number of schools, you have an issue. I mean, I believe in a chain of command like everybody else. If you have an issue, you talk to the first office; if don't like that answer, you know, you go to the next office. I don't even know what it is in this thing, 'cause, I mean, it moved fairly rapidly, and before you know it, in the last three or four year, boom! 40-some schools, and now it's like a serious thing.

Ms. Kahn

That's a good point.

Mr. Ramos

That's our plan for next year, is to do something like that. 126 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Nutter

It will be interesting to see how my last statement shows up in the notes of testimony. That would be B-O-O-M with an exclamation point. THE STENOGRAPHER: Thank you.

Councilman Nutter

Let's talk about the issue that was raised earlier, and I made some notes to myself, and then I want to talk about enrollment and formulas and a couple of different things. The -- what was it, the Wissahickon School, I think, which was turned down, and it's technically across the street from the district that I represent, the location they were looking at, Thomas Mansion, which is on Wissahickon Avenue and in the 8th across, from the 4th District. The statement that was made by the gentleman that one of the reasons for the refusal was that it may affect the desegregation policy of the District. He said he wasn't particularly clear what that really meant. I mean, you were here, you heard that. What did that mean? What's that all about? 127 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Ramos

Well, Councilman, you know, one thing, we've -- it probably would not be a good idea, which I can't do, is get into the specifics of any one charter application. We do have -- this is an ongoing thing.

Councilman Nutter

Forget about Wissahickon. (Unintelligible, parties talking over each other.)

Councilman Nutter

Do we have concerns about charters as it relates to --

Mr. Ramos

Generally a comment like that, as I said before, could have to do with two things or either or both of two things. One is the impact on deseg. of schools around them, and the other is any concerns at the time of the decision that were unaddressed about whether a school's population is predictably going to result in being racially isolated or having some other kind of deseg. problem. One of the things just in terms of process, you know, and I don't want to talk about any individual case --

Councilman Nutter

Right. 128 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Ramos

But one of the things that the representatives from the Wissahickon School said in the testimony was that they had submitted information that they thought was responsive. They've testified this morning that they've submitted additional information, which they believe is responsive to all of the concerns that the District has raised. And we -- although a strict meaning of the law probably wouldn't require it, our policy has been to consider that new information when we make decisions on a reconsideration. So we will -- you know, we will take a look at how that is addressed in their request.

Councilman Nutter

Well, again, not to -- I don't want to talk about the specifics of anyone's application but really more the policy issue at hand. When you say that you're concerned that any school -- again, forget about who testified or what they said. It seems like there is a policy issue for District as it relates to the charter school approval, that it may, quote/unquote, affect the desegregation policy. 129 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Can you give me an example of what you think this negative -- potential negative effect may be by any particular charter school on the rest of the surrounding schools. I don't completely understand what problem we're trying to avoid.

Mr. Ramos

I can do one of the things we do in law school, which is make up an extreme example just to demonstrate the point.

Councilman Nutter

Well, keep it as within the bounds of reality as possible.

Mr. Ramos

Well, I mean, let's just say, you know, let's say that, you know, 100 neighbors are getting together and creating a school. And under charter school law, the founding -- the founding coalition can have -- I think it has an automatic right to have their kids in that school. And the founding coalition's members are all white. One of the questions will be, you know, apart from are you trying to serve, you know, is this really an application to serve the public or is it to serve a private group -- a grouping of private interest is how do you further the 130 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 requirement, the need to have a -- you know, not to start racially isolated by definition up front. And we would want to know what your plan for trying to attract, you know, a broader constituency is, and to the extent that there are vehicles available for deseg., you know, you've addressed the other issues, we would want you to make efforts at desegregation. So the example there is, let's say it's 100 folks, you know, and you're all white and the enrollment of the school is going to be 100, I mean, that's an easy case.

Councilman Nutter

Well, I get that one but, I mean, are you just also concerned that the establishment of this particular school may draw -- I mean, I think most of us basically understand what our desegregation problems are as it relates to the total composition of the School District. There are only, you know, so many folks to kind of go around as you try to have more integrated schools. Are you also concerned that a particular school may draw too many out of -- might potentially draw too many white students out 131 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 of the surrounding schools that maybe have a relatively decent balance so as to make the other schools more racially isolated and the reverse? Is that a part of the problem.

Mr. Ramos

Yes, right, yes.

Councilman Nutter

Okay, all right.

Mr. Ramos

And we would also point out that there's another issue we're struggling with 'cause it's in the charter school law and we've got, you know, mandates of our own. And we're, you know, trying to make a good-faith effort as we go along in grappling with the issue.

Councilman Nutter

Do you also recognize the one thing you don't really have any control over, which while it may, you know, upset some of your sensitivities on the one hand, you know, those same theoretical, hypothetical 100 people could just move.

Mr. Ramos

And that's the history of the City.

Councilman Nutter

And totally destabilize all of the rest of the schools around and you never a charter school. I think you lose 132 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 -- I think we, not you, I think we lose twice in that scenario --

Councilman Nutter

-- because the population was destabilized for all the surrounding schools and we just that's a stone lost 100 families.

Councilman Nutter

And that's a stone loser right there.

Mr. Ramos

And I'm venturing beyond my area of expertise as a School Board member, but an observation is that the Philadelphia community is also, you know, when you take a snapshot now, there is a diverse population socioeconomically and racially, and class and race don't correlate the way they used to necessarily.

Councilman Nutter

Okay. Let me ask both of you about what seems to be somewhat of a theme stated in different ways in both of your respective testimonies. Mr. Ramos, your testimony says on the bottom of , going into 3: Second, since the total State allocation to the District is not very 133 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 sensitive to increased enrollment, when our charters bring us additional students, historically, we receive only about $420 per student in additional State funding, whereas we are required to pay the charter school $5,558 per student from the District budget for each regular-education. And then you go on to talk about special ed.

Councilman Nutter

Miss Kahn, on of your testimony, you say: However, because our State funding barely recognizes enrollment growth, we are forced to spread already-limited funds around to more students. Now, does this go back to some kind of funding formula change? And I mean, these things only kind of come up periodically, so I have to admit that I can't always remember completely what the specifics are. We don't get a per-student allocation from the State. And, I mean, I know the answer is no, and on the City side, it's all driven by tax rates and the like.

Ms. Kahn

Right. 134 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Nutter

So no matter what our student population is --

Councilman Nutter

I mean, what is the formula and how are we going to respond to that?

Mr. Ramos

I'll answer and if my answer's too general, then we can call somebody up for more specifics 'cause I can only give you to my kind of level of understanding of the issue. Back in 1992-1993, the State changed its basic educational subsidies to (indiscernible). People called it the ESB.

Councilman Nutter

Right, ESB.

Mr. Ramos

And up to that time, there was -- as Philadelphia grew, you have proportionate increases in funding. What happened then was that the -- in effect, what happened was that the funding was frozen at that level of enrollment, and every year, you get, you know, every year, it's almost like a grant-type of process where you get additional funding that, and that formula changes. And the net effect of that is that when you take the increased enrollment and get your 135 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 additional new dollars divided by additional new kids roughly, rather than getting what you would think you get intuitively, which is the per-pupil revenue from the State is -- I don't know what it is, $4,000 or $3,000 -- that you would get that amount. Under the funding formula over the last eight or nine years, we don't get what amounts to the average per-pupil expenditure; you get, you know, some fraction of whatever's put in that year, and that average for us around 420. It's not a uniquely charter-school problem. I mean, the point is --

Councilman Nutter

What happens with a new student to the system who --

Mr. Ramos

It's the same --

Ms. Kahn

Same problem.

Mr. Ramos

The point is that while most of us, you know, we want to build a constituency appear for public schools over time, and one of the challenges we have, one of the pressures we have working the other way is, as you increase the public school enrollment, and charter schools are helping to do that, the funding 136 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 mechanism isn't keeping pace because it's not enrollment-sensitive, although intuitively, you would think that it's a lot more enrollment- sensitive. So what happens is, you get more and more students, and (indiscernible) each getting, including the existing charter schools, each getting thinner and thinner slices of the pie because of this problem that affects all Philadelphia public schools.

Ms. Kahn

And when you combine that, and this goes back to the other question Councilman Kenney was asking earlier too, the amount that gets paid out to charter schools is based on student spending, not revenue.

Ms. Kahn

AND so if we already have a hole, in effect, we're not getting dollars in for so many of those students, because it was when that formula changed that our enrollment growth really occurred in Philadelphia. Now it's occurring for other reasons really as a result of charter schools. There are a whole bunch of schools -- maybe 20,000 or so -- for whom we're 137 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 essentially not being, you know, provided really adequate revenue.

Councilman Nutter

All the other districts are facing the same situation?

Ms. Kahn

Well, the formula obviously changed for all the other districts, but depending upon what their enrollment situation is -- I think that Philadelphia is somewhat unique in this. Because of the composition of our different school structures with the parochial system, etc., I don't think that as big a proportion of students going into charter school are coming from non-public schools as they are in Philadelphia. I think we may be somewhat unusual.

Mr. Ramos

There are other districts in the --

Councilman Nutter

But you laid that out as some distinction, which I think I'm not completely kind of picking up. I mean, what difference does that make and --

Mr. Ramos

I have a slightly different answer, Councilman, which is that other high-growth school districts have a similar issue, because part of the problem -- you know, if we had 138 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 not grown, we wouldn't have that part of the problem. If the formula changed right before Philadelphia grew by 22,000 students at a time that the City population went down by over (inaudible).

Councilman Nutter

Right.

Mr. Ramos

So other districts are dealing -- I would say the issue of the stranded overhead, any district of any significant size has that in different degrees. And high-growth districts are more likely to be in the same boat as us with respect to not having the dollars keeping pace with enrollment.

Councilman Nutter

Let me ask this question? If we'd never had charters and the public school population grew by the same numbers during the same time period because we had miraculously somehow figured out how to increase as opposed to decrease our resident population and they just brought with them or, you know, once they got here, they enjoyed the place and started having more kids. So it wasn't a charter thing, it was a pure population children growth, there was a boom in our population, and the kids were 139 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 just, you know, kind of running around all over the place, would we be in the same position?

Mr. Ramos

On that one part of the two parts, yes. I mean, part of this is just enrollment growth regardless of whether it's coming from charters or not.

Councilman Nutter

Could we have been affected more positively or more negatively by, again, just a -- let's say our population had declined, our population actually grew, and those people either brought with them or had more kids during that same period and our --

Mr. Ramos

I mean, I think that there is a distinction when it comes to the stranded overhead issue stranded, but the issue you're raising, which is just enrollment growth, period. Regardless of the source, it's the same issue. I mean, it's our point, which is that charter schools are as negatively affected by the flawed by the State funding formula as other public schools in the city, including the School District (inaudible).

Ms. Kahn

And, you know, I think -- I mean, we can't obviously answer that question 140 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 entirely, but you're certainly -- I mean (indiscernible). The answer is, would our deficit situation be, you know (indiscernible), the answer is clearly yes, you know. It would depend on --

Councilman Nutter

The answer is. . . ?

Ms. Kahn

Is clearly yes. But it would depend on, you know, how much better or worse we would be, depending upon where those students came in, what age they were, where they went to school.

Councilman Nutter

Right.

Ms. Kahn

And here, we're actually paying out dollars to all of these new school buildings as well, which say you get those same economies.

Councilman Nutter

I understand that, and I want to talk about that as well.

Ms. Kahn

So I don't know, you know.

Councilman Nutter

But, I mean, part of the reason I asked the question was initially, quite honestly, just to understand it. And, two, I think we are -- on the City side, I think we do have some notion in our various minds that we are 141 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 going to try to increase or population as opposed to just kind of gracefully and with a smile growing smaller. And so I want to try to anticipate if we did have a population increase, and I think the Mayor laid out even recently somewhat of a goal, the 5 percent resident increase.

Ms. Kahn

Right. In the NTI.

Councilman Nutter

Which indicates to me that there are going to be more kids 'cause when you have more people, you have more kids.

Ms. Kahn

That's true.

Councilman Nutter

When you talk about -- I mean, I -- the one number I have pretty consistently in my mind, unless you guys, you know, build a new building recently, is that there are 258 school buildings; is that correct?

Mr. Ramos

There are 264 schools, and there may be more buildings 'cause some buildings have annexes or multiple --

Councilman Nutter

So now 264 --

Councilman Nutter

Schools.

Mr. Ramos

School District-run 142 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 schools.

Councilman Nutter

Right. And then 34 charters that are --

Mr. Ramos

That are approved and up and running.

Councilman Nutter

Right. So that now gets us to 298.

Ms. Kahn

298, mm-hmm.

Councilman Nutter

Go into another 6. I mean, what are the provisions for maintenance and capital improvements related specifically to the charter schools? I mean, what's that story about and who's -- and, again, kind of going back to my opening question, who's in charge of these places in the first place just on the academic side? Who's responsible for the buildings? And, you know, are they up to code and what's going on with them? And the roof is leaking and who decides when they get a new roof versus when they put a new boiler in and all those kinds of issues?

Mr. Ramos

You know, those are questions for --

Councilman Nutter

I mean, where do 143 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 those dollars come from?

Mr. Ramos

I mean, those are questions really for our charter school board members because they're --

Councilman Nutter

I understand that. (Unintelligible, parties talking over each other.)

Mr. Ramos

Right, but they run 'em and have oversight. I mean, charter school board members are public officials subject to -- you know, they sit where I sit except for one school. But one issue, though, I mean --

Councilman Nutter

So each individual school has their own policy as it relates to maintenance and upkeep?

Mr. Ramos

Yes. I mean, they have to comply with code and they should have valid certs, but they're responsible. We're very -- I mean, there are a couple things that, in our experience, because charter schools need more help than they're getting on facilities issues in a couple ways. One, the time period that we have for approving 144 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 charter schools makes it a rush to try to get a building and get a building ready.

Councilman Nutter

Right.

Mr. Ramos

The other is the financing opportunities available for charter schools and capital improvements. You know, there is not enough, and we care a lot about the quality of those buildings because they are, you know, housing our kids.

Ms. Kahn

They're housing our kids.

Councilman Nutter

Yeah, I mean, notwithstanding the ones who come from other places.

Mr. Ramos

So we would be supportive. I mean, as we do stuff, you know, we're not forgetting about those needs too, and we will be advocating for those types of changes.

Councilman Nutter

Lastly, again, on the District side, unless you're going to tell me that each school does this individually. Who is responsible for any kind of evaluation, test scores, and all of that array of things that every school, every traditional public school has to go through the 21st and the Parkway and all of that 145 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 operation? How does that happen in the charter schools?

Mr. Ramos

Well, I mean, there's basically two levels of responsibility. The Board, the School District, the Philadelphia School District has a chart -- has a document with charter schools that are chartered, and in there, it has requirements about what we -- about standards of performance. And so charter schools are providing -- some, you know, are doing some things in essence to comply with their charter. And in addition to that, charter schools by their own policies under the oversight of their own boards, you know, have, you know, don't have to limit themselves, and in fact don't often limit themselves to that. I mean, they have their own educational objectives.

Councilman Nutter

When you say "to that," what's the "that"?

Mr. Ramos

To those things that are required, either the PSSA and, in our case, the SAT-9, they can do more.

Councilman Nutter

More, different, but there's but some -- 146 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Ramos

And their board -- you know, I would assume that a charter school board is setting academic standards for the school and creating some internal accountability mechanisms, and that is separate than whatever mechanism exists between the School District and the charter school, which is really an issue of, you know, compliance with the charter. I mean, there are two different -- you know, we would be looking at it from, are you doing what you've committed to do. That -- and the charter school board wants to make sure that they've committed to what they -- that they're doing what they've committed to the School District, but presumably, they're doing more than that, as they, you know, as they set goals for their schools.

Councilman Nutter

Okay. Thank you. Thank you, Mr. Chairman.

Ms. Kahn

Thank you.

Councilman Kenney

Thank you very much. I appreciate your time and I know you were late for a meeting, but thank you, I appreciate your --

Mr. Ramos

Thank you. Mr. Chairman, I 147 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 said I was going to have a follow-up on successes and challenges; I think we've covered a lot of it, so with your indulgence, I'm going to just submit it for the record.

Councilman Kenney

That would be perfect. Thank you.

Mr. Ramos

Thank you.

Ms. Kahn

Thank you.

Councilman Kenney

Thank you very much for your testimony. Thank you. Sharmain Matlock-Turner Dr. Gail Meister, John Skief. (Witnesses come forward.)

Councilman Kenney

Thank you so much for waiting. I appreciate your patience; I know it's been a long day.

Ms. Matlock-Turner

Thank you very much. I appreciate the opportunity to come in and have an opportunity to discuss this very important issue on educational reform in Philadelphia.

Councilman Kenney

Please identify yourself for the record.

Ms. Matlock-Turner

Sharmain Matlock-Turner, President of the Greater 148 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Philadelphia Urban Affairs Coalition.

Councilman Kenney

Please proceed.

Ms. Matlock-Turner

I was going to say "good morning," but I think it's "good afternoon."

Councilman Kenney

That happens in here. It's like a time machine in here; it just transports you.

Ms. Matlock-Turner

Thank you very much for the opportunity to talk with you today about charter schools in Philadelphia. The Greater Philadelphia Urban Affairs Coalition, also known as GPUAC, and our Education Children and Youth Committee has been very active over the last four years in taking a look at charter education in the City of Philadelphia. The committee is made up of citizens, business leaders, members of the School Board and the Mayor's Office, and charter operators to talk about this very important issue. Through the work of this committee, we have been educating the public about charter schools and advocate for the removal of barriers that will enable these schools to succeed. We 149 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 believe that charter school are an opportunity for parents, educators, and the community to serve as equal partners in the education of children. Charters are an option of educational reform that work especially well in Philadelphia, and many community-based organizations have launched charter school and are supporting their growth. " The study was supported by the Annie E. Casey Foundation, and it was designed to better understand what factors help and hinder the implementation of charter school in Philadelphia and to recommend solutions for Philadelphia's next generation of charter schools. And we brought copies with us today which we have distributed to the Councilmembers. The study speaks to many issues, including the relationship between the School District, the State, and charter schools. The major findings of the study were in two areas: One, what are some of the tough issues that charter schools have to face in getting started; 150 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 and, secondly, what are some of the successes and what are some of the things that need to be in place for them to be successful. And these findings were garnered from conversations and surveys with parents, students, the School District, administrators, and charter operators. What hinders the successful implementation of charter schools are: Clearly issues around funding -- funding to get started, funding for buildings; Certainly unclear policies, and I think you've heard the discussion here today with everybody trying to figure out who's responsible for what; Also, the difficulty of recruiting and training certified staff. Charter schools are in the same position as the District in many instances in trying to find teachers for their schools; And the lack of affordable and appropriate facilities, which you've talked about; And strained relationships in figuring out how to relate between the School District, the State, and the charter operators. 151 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 What was found to really be successful for charter schools that were starting up was: The ability of the chief administrative officer to communicate the school's vision; Also for their to be strong support from the student body; And an active and supportive board of trustees; the support of elected officials and community-based organizations; Access to supplemental funding; And the parents' motivation to get involved in their children's schooling. To address the financial issues raised in this study, we have gone on to take a look and have commissioned two additional looks. David Thornburg, of the Pennsylvania Economy League, is working with us on a study around the per-pupil allotment, and this report is being supported by the School District as well as GPUAC to try to get to an objective view of where we really are as it relates to the funding that is transferred between the District and the charter schools. We expect that this study will be out sometime in June, and we will be glad to share our findings with you as 152 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 you continue to take a look at this issue.

Ms. Matlock-Turner

The second issue that we're looking at and working with the reinvestment fund is to take a look at the whole issue of facilities financial and how there might be some additional opportunities to make sure that there are dollars available for those who want to start up charter schools. The federal government last year passed legislation with a small appropriation for facilities financing for charter schools, and we are hoping that we will be able to combine some State support and private funding to put together a pool of dollars that will be available for charter schools and their facilities and their facility needs. Our committee, the Education Children and Youth Committee, will continue to work on many of these issues, and we stand ready to work with you, City Council, the School District of Philadelphia, and those who are actively working in their communities to develop charter schools to make sure that we will have the best schools that we possibly can in Philadelphia. Thank you. 153 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Thank you very much. We will take the testimony of all of witnesses and then have questions. Doctor, please identify yourself for the record and proceed.

Dr. Meister

My name is Gail Meister, and I am the Associate Director of the Drexel University Foundation's Technical Assistance Center for Charter Schools. " It contains information about of 20 the 25 charter schools that were operating in '99-2000 in seven areas that are of particular interest to people who care and want to know more about charter schools, in the area of: accountability, facilities, finance, governance, personnel, program and students. 154 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Such information as -- this was designed not to be evaluative, very carefully not to be evaluative, but to be descriptive for each of the charter schools, and then provide 6 summary information across the 20 charter schools 7 as to: 8 Accountability. What types of measures 9 do charter schools use to test their progress on 10 students and the school as a whole. 11 Facilities. How many sites is each 12 charter school in. Do they share a site. What 13 are the interior features for buildings: for 14 example, do they have a parent room, do they have 15 a gym. What are the exterior features: do they 16 have a playing field, do they have parking. What 17 kind of renovation work has been done. 18 Finance. What percentage of revenue 19 comes from various sources, including 20 fund-raising. Also what staff salary ranges. Those we reported only in the aggregate, I believe. And are bonuses available to staff. Governance. What types of parent involvement do those charter schools have. How many trustees do they have and how frequently do 155 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 they meet. Personnel. What kind of experience in terms of years do the teachers have and where did they teach before the previous year -- charter school, parochial school, etc. And program. The student computer ratio. Transportation. How the kids get to the school. And students. The number of student days per year, student enrollment, racial ethnic break down, etc. And this CD will be available in a few weeks. I'd like to take some time to talk about charter schools in the context the community-building and accountability. Charter schools are still, as you know, a relatively new type of public school that provide innovative educational opportunities for students, meaningful choice for parents, and benefits to the communities they serve. Charter schools really represent a fast-track both for education reform and neighborhood renewal. Charter schools are 156 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 part of a strategy to help revitalize communities and, as has been mentioned, a number of community-based organizations in Philadelphia have stepped up to sponsor and support charter schools. And in the written testimony, I provide a list of some examples. But another way that charter schools are community-builders is that parents and other residents themselves can create charter schools, as you were discussing earlier. This is an opportunity for them to build on and build up the human capital and social capital in those communities. I conducted a literature search a few years ago for the Aspen Institute's Roundtable on Comprehensive Community Initiatives for Children and Families that will be available in a few months, which identified five ways that communities can intervene or have an influence on education in their communities, and I identified five different ways that this could happen. And communities running schools was really the most intense and direct way that could happen, and charter schools are really the chief examples of 157 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 ways that communities run schools. This kind of activity on the part of communities does lead in theory and in many places has been shown to lead to stronger communities. Philadelphia has a very fine opportunity already to build on its leadership in approving charter schools to go even further.

Dr. Meister

There's more latitude under the Empowerment Act to create charter schools and independent schools, which might also have similar effects on building of community. Charter schools are more accountable than other public schools. As you know, they're designed specifically around a mission and goals that are spelled out in a detailed application, and these goals you were speaking of a few minutes ago are academic goals, non-academic goals for students, as well as other goals for the school as a whole, as an institution, which are spelled out in the application and are looked at by the District in the approval process and in the renewal process. They are also accountable to the State for certain kinds of operations and results. Charter schools have a built-in fail-safe switch 158 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 so that if parents fail to choose it or if it fails to function successfully, it ceases to exist. The evidence that we have that charter schools are working is not as full and detailed as we expect to have in a few years, but for the present, we have indications that parents certainly are choosing to enroll their children in those schools. Schools conduct lotteries because they have too many students for places. Parents keep their children in charter schools. ) and Nelson study of Pennsylvania charter schools showed that there are waiting lists at most charter schools, and the data in the CD would support that as well. Parents are satisfied and they are willing to wait for the other results. They do seek a quality education option, they want to get involved with schools, they want in many cases an alternative to District schools, and they find this in charter schools. I'm sure you're aware that real reform takes real time, and in many ways, charter schools are still very young and very new. Estimates of 159 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 what will really make a difference in the education world, one estimate in the empowerment plan indicate that it will really take years or 5 a whole generation of students for systemic 6 reform. Other experts have estimates from 7 to 10 7 years or to years. So we're still early in the charter school -- in terms of evaluating charter schools, but the more complex and the more comprehensive a reform, the longer it takes. There's some special issues that charter schools, especially here in Philadelphia and in the State of Pennsylvania, are dealing with that would have us be patient. First of all, charter schools in this state tend to be from scratch. To date, they have not been conversions of an existing public school to a charter school, so there are sort of developmental issues of where they get on their feet and grow as they continue to do for a number of years until they can really claim to have -- and it would be fair to look at them and see them as fully functioning and meeting their missions. There are additional challenges that charter schools face, and Sharmain alluded to some 160 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 of them. Just keeping these in mind. But despite these challenges, there is other evidence that charter schools remain something that parents want and that do build up communities. There is some early data from Pennsylvania charter schools that would indicate some promise for improved student achievement. There's still a tremendous interest on the part of parents and other community groups to create new charter schools. You've heard a lot about the 27 applications for the past school year in Philadelphia, but the out of the 35 planning grants that were awarded by the Commonwealth in this past winter are four groups that intend to develop charter schools here in Philadelphia, so there's a tremendous unfilled appetite still. Charter schools are good for education, for public education.

Dr. Meister

There are opportunities for 20 collaboration, and a number of Philadelphia 21 district schools have collaborated with charter 22 schools in a number of ways. One example is in 23 going in together for the highly competitive 21st Century Community Learning Center Grants for extended-day programming. 161 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Charter school are supposed to be, they're designed to be by law a proving ground for the development of innovation and best practices. And ideally, these can then be shared with other schools. Philadelphia's position as a leader in charter schooling really sets it in a good place to take advantage of the opportunities that charter schools afford to improve education for all of our students.

Councilman Kenney

Thank you very much. Sir, could you please identify yourself for the record.

Mr. Skief

My name is John Skief. I'm the Chief Administrative Officer of Harambee Institute of Science and Technology Charter School. It was one of the first four charter schools to be authorized in Philadelphia. It has recently won its five-year renewal, I guess, about two months ago. I was also the founding president of the Pennsylvania Coalition of Charter Schools. And presently, I'm the vice president of the 162 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Philadelphia Alliance for Charter Schools. Harambee Institute has been in existence ever since 1973 as a result of a school strike, when students got together and formed alternative schools. And since that experience, we have been operating since that time both as a private school and later on as a cultural center, and then finally, followed the charter school bill. You know, I can say that hearing the testimony of the School Board members, it's a refreshing change from what existed four years ago with the attitudes. To hear the idea of the backing of school choice for parents and the idea that charter schools have expanded the base and that we are bringing in students whose families had simply given up on the public schools and charter schools have now given them another option for education. It's always been evident to me since I've sent my own children to the Philadelphia public schools and found in my neighborhood schools that my children would do very well, but when it came to standardized testing, they would 163 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 not do well, and that in many cases, it really depended on what neighborhood you lived in which determined the quality of education. It was almost like educational apartheid, so to speak. It was important to me that my children have a place to go, a school to go to in their own community that has the same type of ideas and the same type of expectations as any other school in any other community. Thus was the reason why I decided to do pull away from the public schools and start my own charter schools. I will say that I was also a part of the Philadelphia Schools Collaborative, that movement in 1989, to reform and reconstruct the Philadelphia high schools, and I was a school leader in that at West Philadelphia High School, but I always found that there was a difference between what was said, particularly on the Board level, and what was actually carried out on the School District level. And I find that today; that whereas the Board has a much more progressive view towards charters, the School District, that is the bureaucracy that runs the School District and many times kind of lags back. 164 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 We had a bad start in 1997. I mean, we got our planning grant before the bill was passed, and once the bill was passed, then the School District had to set up an office for charter schools. We were authorized on August 21st of 1997, and we were to begin school on September 15th, so we only had three weeks to get the staff, students, building, and what have you. But fortunately, three of the first four charter schools were already schools in existence before and had some type of reputation. When we started that first year, we had a very hard time getting Title 1, very difficult getting special education. We were told that we will be given nursing services, we were told busing, and we were denied both of them. Busing has now been given to us in the past year. But I say that to say that it was very, very difficult for the first schools, the first four schools in 1997 to exist, because there was not that feeling of collegiality. And I remember speaking for Floyd Alston when we first got authorized, and he said, you know, it's a shame that we're losing a good teacher. And I was 165 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 saying, you know, well, you know, we're just expanding things. I even went to my cluster leader and said, Well, I want to be the first charter in your cluster.

Mr. Skief

But, of course, that was very naive of me because I found out that there was very, very strict lines of delineation between charters and the School District, thus beginning part of the problem. Because charter school are public schools. And if we had that movement of cooperation from the beginning, at least one of the schools that had problems being reauthorized, I guess, a couple months ago would not have had the problems that it had. Because we were all crippled in the first year, and we were just by an audit about what happened in that first year. And so it was difficult for us in the beginning, but things have changed. But most of the problems that we had with the School District when we first began -- and still, these problems exist with us today and we heard a little bit of it in the conversations with the School District -- revolves around money and funding. 166 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 And I would like to base my testimony on a different frame of reference, and that frame of reference is when we put the children first, when we put the children in the center of the argument of education. When that happens, then the School District and charters would work together. And how does that cooperation play itself out. It was brought out that we get approximately 75 percent of the allotment that comes in from the State. And if we get 75 percent of that per-student allotment, and at the same time the School District is losing money, then something is wrong in the way that they deal with their finances and set up their pupil allotment. If we cooperated and put the children first, then we would be just like another cluster in that our numbers would be put in an aggregate number, so there's no need to figure out what you're losing or what you're gaining because we're all in that same pot. A couple months ago, I visited Milwaukee, Wisconsin, and I saw some examples of a school system, a public school system, that 167 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 embraces all types of options, which includes contracted schools, school choice, vouchers, charter schools, as well as the regular school district. The fact of the matter is, since they all work together, they save money because they were working collectively. If we put the children in the center and we work cooperatively, then maybe some of those empty school buildings could be filled by charter schools. If we put the children in the center of this situation, then maybe our school staffs would be able to benefit from the Philadelphia funds staff development. As a teacher in the public schools, I used to get paid -- or at least I got a stipend to take staff development, but my charter school teachers now are locked out of that, and they now have to pay for staff development. If we put the children in the center of this argument, then charter schools would be available and know about the various categorical funding program that come through the School District that, in many cases, we do not see. Once again, if we put the children in 168 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the center of the argument, then when it comes for the renewal process or reauthorizing our charter, the School District would not have to sit in their office and try to figure out how they're going to judge the effectiveness of my school, because if you're just looking at test scores, you're missing most of the argument. It seems to me since we were like a learning lab, the School District officials should be in my school all the time. There should be regularly-scheduled teacher observations from the School District into these schools to see what are some of these different and new and innovative and, many times, successful approaches to learning. But that doesn't seem to happen and it needs to happen. If we put the students in the center of the argument, then we would see the funding that comes from the State as money that belongs to the children and not to the School District.

Mr. Skief

And then we'll see ways in which we could make sure that that money works for them, because to this date, charter school children get 75, or percent less 24 than School District -- regular School District 25 children. So we're put at a disadvantage as 169 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 charter schools. We need to be a part of the insurance programs, since charter schools must offer the same type of insurance programs that the regular school teachers enjoy in the public schools, then why cannot we be a part of that large group. It's killing us with the insurances that we have to provide for our teachers. Why don't we be a part of that aggregate number and enjoy the economies of scale that Dr. James was talking about in terms of purchasing of books. There's a lot of ways in which we can cooperate to make sure that education works for our children and to ensure equality for our children, because right now, that is not what we have. And because, because there's still this stigma around authorizing new charter schools and loss of revenues for the school system, to me, that really results in a conflict of interest, and maybe there needs to be another authorizer for charter schools; other states have it, and we need to look at other means of authorizing charter schools. 170 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Basically that's all I have to say.

Councilman Kenney

Thank you very much for your insight. How many students do you have in your school?

Mr. Skief

We have 240, and that's limited by the size of our building.

Councilman Kenney

Which grades are they?

Mr. Skief

We go from grades 1 to 8.

Councilman Kenney

Okay. And when you started out five years ago, were you -- did you go 1 to 8 immediately, or did you --

Mr. Skief

We went from 1 to 8 immediately.

Councilman Kenney

Okay.

Mr. Skief

And we have always had a waiting list as large as our student body. Next year, we'll have a larger building and we'll be able to expand.

Councilman Kenney

Where are you moving to?

Mr. Skief

We're moving to the Overbrook -- we're in Wynnefield now, 54th and 171 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Wynnefield Avenue, and we're moving to 66th and Media, and we have a property in which we are building a prefabricated, modular two-story school building.

Councilman Kenney

All right. Thank you very much and good luck to you and thank you for -- Any questions? Councilmember Miller.

Councilwoman Miller

Good afternoon. One of the questions I had, and maybe someone already asked this -- I'm not sure -- but you're one of the few schools that have been around for five years. And one of the questions that many of us have are outcomes and results. Can you talk a little bit about your outcomes at your school.

Mr. Skief

Well, we've always looked at our own. We give pre- and post-tests, but we look at a number of outcomes. We look at student participation, the level of student participation, as well as parent participation, and I think that that's one of the things that must be looked upon when you judge a charter school. Because for some of these schools, this is the first time parents have come to the schools on a regular basis. For 172 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 many of these charter schools, this is the first time that students come every day. As far as Harambee has been, we have done very well with the standardized testing. We take all of the field tests that come down from the State. From Year 1 to Year 2, we recorded a 17 percent increase in the SAT-9 tests. The Philadelphia Inquirer and Daily News have reported that we constantly better the school system both in the PSSA standardized tests as well as the SAT-9 test that's given in the City. But that's their test and, you know, it really didn't surprise us to do better in that realm. Where we wanted to do better is in terms of the students understanding that they have the power to change the conditions of their community, and that's that we're seeing. Those are the kind of outcomes we're looking for. We're also looking for outcomes in which parents come to parent meetings in en masse, and these are the kinds of outcomes that we see where students see our school as a liberation zone, that teachers are willing to stay overtime and teachers feel comfortable and teachers feel a 173 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 part of the educational process. So the testing is what the State and the School Board ask for, and we have been able to, you know, really master that. But there are even more important outcomes to us, and that is that the children leave our school understanding who they are and where they come from and what they need to do when they leave school.

Councilwoman Miller

Okay, thank you.

Councilman Kenney

Let me ask you a question about parental involvement. Do you as part of your contract or part of some requirement require specific parental involvement, or is it simply encouraged?

Mr. Skief

We require it, we require it. We say that it is impossible for us to properly educate the children when we're going one way and the parent is going the other way.

Councilman Kenney

Which form do you use -- how do you use -- how is it required? Is it a contractual requirement or just a --

Mr. Skief

Well, we could not actually call it a contract.

Councilman Kenney

Okay. 174 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Skief

And we can't make anybody actually enforce it, but we do remind the parents that this is a school of choice, and this particular choice means that the parent has to be an equal partner in education. We require parents to take four hours of parenting seminars, and that's broken up into two sessions, before we even look at their application. And these parenting sessions have to do with communications between the school and the parent, discipline, the philosophy of our school, and the frame of reference of our school, 'cause it's important that parents understand where we're coming from so that we can both work together in terms of educating the child, and the parent is very clear in terms of what we ask. We also ask in a parent agreement or a compact that parents spend at least one or two days in the school during the year, that they must attend one parent meeting per month. And these are things that we demand. And for the most part, we get that from our parents.

Councilman Kenney

In the instances 175 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 where people either refuse to do that or refuse prior to admission to do the tutoring or the seminar course of four hours, or during the course of the school year, just refuse to cooperate, what are the actions that you can take as an administrator of the school?

Mr. Skief

Well, we don't look at any application whose parents has not attended the parenting seminars; we don't even entertain them. For those parents that do come to the parenting sessions and, you know, they successfully go through the interviews, but they choose not to be cooperative with our method of discipline or come to parent meetings, we simply ask them not to apply next year.

Councilman Kenney

Do you see any reason in the world why the traditional public school could not be implementing the same standard when it comes to parental involvement? Since they're both are public schools, what would keep the public schools, in your opinion, from doing this?

Mr. Skief

Well, it's not much but I think it has a lot to do with the connection with 176 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the community and the agreement, because as a part of our orientation, the first thing we do is ask the parent, What are the need of our community? and then what do you think our students should know when they finish our schools? What should our students know that would allow them to live out the dream or the needs of our community? And, you know, that's the point right there, that we are together in this. And I lost my point for second, you know, as far the School District is concerned, but when the School District decided that they would use the standards, the national standards, as a new curriculum for education, those standards effectively raised the bar for what our children should know in order to graduate. But in many cases, the floor was lowered. So I was a trainer for teachers and for other schools in my cluster for the education of the standards to the teachers, and one of the most important things that I heard was "opportunity to learn," that if you're going to hold children at a higher standard of education, they must have the opportunity to learn, because these tests, the 177 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 SAT-9 and what have you, are the tests that will determine whether they get into the so-called magnet schools and, in many cases, you know, the schools that will allow you to get into college. So if these students do not have the opportunity to learn because there's no order in the classroom or teachers are not teaching, then they're being held at a disadvantage. And in that way, I think that all schools have the right to ensure that parents are in cooperation with the children that come in -- I mean, parents are in cooperation with that school. So it really has to do with the type of standard that that school sets. Because, see, magnet schools set that standard. And you can't cut the fool at your better schools, like you do in West Philadelphia High School. So those same standards need to be set, but there needs to be some type of trust with the principal or CAO of that school and that community, because they have to come to an agreement as to what it's going to take to transform that school as well as transform that community.

Councilman Kenney

Thank you. Thank 178 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 you very much. Thank you. Councilwoman Miller.

Councilwoman Miller

I have a follow-up to the parent involvement discussion here, and certainly one thing the public schools cannot do is not accept an application if the parents have agreed or have not decided to participate in your orientation. But I do think that that's really an excellent idea to offer, for public schools to offer a parent orientation. You know, many parents don't wake up in the morning and take a breath and know how to be involved in their child's education, and it would be great if that type of orientation session is offered to parents when their children are entering kindergarten and 1st grade or 1st grade or any of the entering grades, because many times, we have to work with parents so that they can understand how to be an advocate and how to be supportive and how to be actively involved in their child's education. It's not just something that we already know. I know I've had two children go through public school, and no one has ever offered me a 179 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 four-hour orientation on parenting as it relates to education. So I think that's really a good plan that you have there. And I see it's working. Okay.

Councilman Kenney

Councilman Nutter.

Councilman Nutter

Thank you, Mr. Chairman. First, Mr. Skief, I did want to make sure I took down -- and I'm certainly very proud to have Harambee presently in the Wynnefield community and soon to be in the Overbrook community. We had an opportunity to work together on that, and as long as you stayed in the district, that was the most important requirement as it related to Harambee. Did I understand you to say -- earlier did I take this down, did you say "cut the fool"?

Mr. Skief

That's exactly what I said.

Councilman Nutter

That's what I thought. Yeah, okay. I wanted to make sure the stenographer got that and that there was complete cultural translation on that.

Mr. Skief

Yes. Ebonically-speaking.

Councilman Nutter

Right, absolutely. 180 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 On what we'd be talking about. Let me go back to Miss Matlock-Turner. I thought I took down a note very quickly on your testimony. Did you talk about a report maybe recently done by Pew? Did you say that?

Ms. Matlock-Turner

No. There are a couple of reports. The one you received today is a report that was done by Foundations called "Facing Challenges, Forging Solutions," which is first study of charter schools in the City of Philadelphia specifically around issues around start-up.

Councilman Nutter

Okay, gotcha.

Ms. Matlock-Turner

What were some of the barriers and what were some of the supports that were there for start-up.

Councilman Nutter

Okay.

Ms. Matlock-Turner

And you'll notice that Harambee Institute is absolutely featured as a part of this study.

Councilman Nutter

And this is by Casey.

Ms. Matlock-Turner

Exactly. This was funded by the Casey Foundation. 181 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Nutter

Okay.

Ms. Matlock-Turner

However, there are two additional reports that are in the process: One Gail talked about, which is the profile study, which, again, is to really let City Council know that there are citizens in Philadelphia who are clearly paying attention to these issues, who are talking to all of the people who were involved in the process to make sure there's public information available. So this will be available in libraries. We're hoping that it's going to be available online, and it will be an interactive tool so that parents, legislators, and anyone who's interested in what's going on in charter schools will be able to compare what are some of the standards that have been stated across various schools.

Councilman Nutter

Now, was that the CD?

Ms. Matlock-Turner

Yes, that's the CD.

Councilman Nutter

That Dr. Meister was talking about?

Ms. Matlock-Turner

Right. 182 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Nutter

But that's not available yet?

Ms. Matlock-Turner

It's not available yet.

Councilman Nutter

Okay.

Ms. Matlock-Turner

It will probably be a couple more weeks that that's available, and we'll make sure that's available for City Council. And then --

Councilman Nutter

That's what I was going to ask. Thank you.

Ms. Matlock-Turner

A third study will be out in June, which we're currently completing, is taking a look at this while issue of funding and financing, which certainly John has talked about it from the charter school perspective.

Councilman Nutter

Right.

Ms. Matlock-Turner

Which is clear that the charter schools are operating at a different number as far as the per-pupil allotment is concerned, and then the School District is saying the aggregate effect on them is this number. And so we have commissioned the Pennsylvania Economy League to take a look at that 183 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 information and come back with not only what does that really look like, what are some solutions, and then what's happening in other states as it relates to that, and we will also make that available to City Council.

Councilman Nutter

That would be great. Again, I was going to ask for that. We have both of the chairs of the joint committees here, and any of that kind of information that you could forward to us through the chairs of the respective committees would be very, very helpful, whether it's, you know, the written or the CD form, or if you can point us to, you know, something that's on line, or any of those kinds of resources, I think it would be very, very helpful to us.

Ms. Matlock-Turner

Thank you.

Councilman Nutter

Let me go back in a more serious way and to talk to my friend John Skief about this -- you're what I guess amounts to a part of either an application review or admission criteria possibly with regard to the parental involvement. I think, as Councilman Miller indicated, one, it's quite intriguing to 184 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 me; and, two, when you said it, I began to have the same thought that I'm sure she had and Councilman Kenney, which is, why can't we have -- what do we have and why couldn't we have something like that for the public -- for whatever anyone considers to be the traditional public schools? Now, my initial thought was that the District would probably say, Well, in the charter school situation, even though they are public schools, they're different and they're independent and the student has, I guess, ultimately somewhere else to go, similar to either the magnet schools or any other kind of public school. If for some reason, you're removed from those places, I guess the fail-safe for that student is always back to their local neighborhood school. I mean, that would be a generally legitimate response. On the other hand, I seem to recall, back when Mr. Hornbeck was the superintendent, I know that in some budget hearing, I raised a specific question about what do we require of parents? At the time, there was a lot of discussion about what we are going to demand of students and what we were going to demand of 185 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 teachers. We were going through this whole accountability phase, and I had asked the question back at the time about the parents, 'cause I thought they were also an important component to the students' educational attainment and performance levels. I was told that we needed to work on the student part, and then we had to deal with the teachers, but that there was going to be something for the parents. In the intervening years, I don't like what those items were, what was ever laid out for the parents, and I'll probably take a little bit of advantage of the fact that Chairman Kenny is not here and Chairwoman Miller is talking to a staff person and maybe generally ask the District, 'cause I'm going to ask this question, who's going to be responsible for trying to respond to the question of what are the current requirements on parents and what would be the problem in having a somewhat similar criteria for entering public-school students on the parental accountability, whether it's participating in parenting classes, compacts with parents, or anything else. 186 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 But I'd love to get your perspective again on the traditional public school because of your experience. And what kinds of things should we be requiring of our parents to be able to send their kids to the public school system?

Ms. Matlock-Turner

John, could I -- I'm sorry, Councilman. I have another meeting and I'm sorry to be interrupt to interrupt before John, but if I could be excused. Again, we'll be quite happy to either come back and also we'll definitely make sure we share the additional information with the City Council when it becomes available.

Councilwoman Miller

Yes, thank you.

Mr. Skief

To answer your question, the idea of parent participation and support, rights and responsibilities provide a double-edged sword to many school districts and schools, because, yes, schools, in many cases, want parents to come in, help raise funds, have bake sales; but, no, they don't want parents telling them what to do. And I think that it has to do with how you view parents. And being a teacher at West Philadelphia High School, I have seen that school 187 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 eat up many parent associations, because parents can be thorn in the side of schools in general, because you have to be willing to listen to them and you have to be willing to respect them even though they may not have a master's or a doctorate degree. And I think that might be one of the differences with Harambee Institute, because we do invite parents to come to the school. We invite them to come and sit in the classrooms. And in most cases, parents can talk to me whether they have an appointment or not. So it has to do with the way you view these parents. Do you see them as an auxiliary part, a necessary evil, or an equal partner in education? And I think that's the main reason why you did not have, or do not have, the kind of across-the-board parental support. There are schools in the Philadelphia school system that have good parent organizations, and I think that those schools that have good parent organizations have good principals who respect the opinions of parents. And when you have parent organizations, you may have situations 188 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 where parents are coming in with other agendas, and I've had that situation too, but I don't squelch that, I don't squelch it; I allow it to air itself out. Because I think that the good that you get from having parents come up to you and air their criticisms rather than having to wait till they get all pent up the way they do and then rush to the school, you know, drink some alcohol and then come in 'cause they got to get their hearts up. I want my parents to understand that they don't need a parent association to bring issues to me. If they have problems with me, they can come directly to me for issues that deal with education. And the parent association is designed to look at the things that I cannot do for these children and help augment that, as opposed to be adversarial relationships, which happen between school districts and parent organizations. So a lot has to do with how you view that parent, and I think that that has been a part of the support and the success of my school, because I can't force anybody out of my school, 189 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 but parents will get tired of me badgering them about coming up to see their kid and how they are raising their child because their child is, "cut the fool" in classrooms.

Councilman Nutter

Right.

Mr. Skief

But the key is that paradigm of seeing the parent as an equal partner in education. So it is important that you give the parent as much information as possible. And it's also important that you can sit up and listen to a parent who may not have finished high school, but understand that that parent has every right, and every legitimate right, to voice what they feel is best for their child, as I do. Because too often in our schools, parents and the children and the school is one neighborhood, but the people who come in and teach and run the schools live in another neighborhood. And it's important that parents see themselves and see themselves as people who have the right and the power to come into the schools. Many parents prevent are afraid to come into the school because they do not feel that they will be respected. And I think that that is one of the reasons why parent 190 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 participation has been inhibited in the public schools.

Councilman Nutter

Just very quickly, Dr. Meister, any particular perspective on this issue of parental involvement and standards and responsibilities? And has any of your work touched on any of those areas?

Dr. Meister

The blue study that you have in front of you includes information from a focus group of "parents," and that's parents in 12 quote because it included some grandparents and a 13 great-grandmother who had children in seven of the 14 charter schools. This was in 1999. And the kinds 15 of concerns and aspirations they had for their 16 children, what were the things that got them 17 involved in charter schooling, and what were the 18 things that kind of kept them away from it. The things that kept them away have to do largely with the lack of information about charter schools and some sense that they are still somewhat untried. I can later point that out to you.

Councilman Nutter

Sure, no problem. Thank you. Thank you very much. 191 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Thank you, Mr. Chairman.

Councilman Kenney

Thank you very much for your insight and testimony. Is Dr. June Brown still here?

Councilman Kenney

Deirdre Bailey? And Joe Proietta. (Witnesses come forward.)

Councilman Kenney

Could you identify yourself for the record and proceed with your testimony.

Dr. Brown

I'm June Hairston-Brown. And before I proceed, I would like to introduce two of our students. They have something they would like to share with you, and it's only going to take a couple of minutes.

Councilman Kenney

Absolutely. (Students come forward.)

Councilman Kenney

Good afternoon. MISS CABRERA: Good afternoon.

Councilman Kenney

Please identify yourself for the record. MISS CABRERA: Jennifer Cabrera.

Councilman Kenney

Could you 192 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 reidentify yourself for the record for the record and say your last name clearly for the stenographer.

Ms. Cabrera

Cabrera.

Councilman Kenney

Could you spell that, please.

Ms. Cabrera

C-A-B-R-E-R-A.

Councilman Kenney

Thank you. Please proceed.

Ms. Cabrera

(Addresses committee in Spanish.) I know that many of you don't understand what I have just said because you may not have attended a school that focuses on languages. I am very fortunate to have this opportunity at the Lab School to learn English, French, and my native language, Spanish. So let me translate for you. Hi. Good afternoon. My name is Jennifer Cabrera. Maybe you are wondering what I am doing here. Well, I'm here to talk about my school, the Laboratory Charter School. Everyone has different opinions about charter schools, but mine should count the most 193 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 because I attend one of them. I have witnessed the effort the school has put into the students, even though it opened three years ago. When I first started in this school, I thought it was too hard because of their high level of expectations. I was surprised about the languages they taught, like French and my native language, Spanish. Before, I didn't know anyone about French and I was starting to forget Spanish. The school started to open programs to help children with a variety of subjects. I practice French and finally started mastering it. Also, I was surprised because I final got to a school that taught Spanish. The school helped me maintain my accent and my Spanish culture. I am very happy to come to a school with a special mission. I believe that everyone should have this opportunity. Thank you.

Councilman Kenney

Thank you very much. MISS HURD: My name is Maureen Hurd.

Councilman Kenney

Could you say your 194 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 last name a little louder and speak directly into the microphone, please.

Ms. Hurd

Maureen Hurd, H-U-R-D.

Councilman Kenney

Thank you. MISS HURD: (Address committee in French.) This is the advantage I have had from attending a school that teaches Spanish, English, and French. For those of you that do not speak French, let me repeat that message in English. Hello. Good afternoon. My name is Maureen Hurd. I would first like to thank you for giving me the opportunity to speak about my school. The world is full of difficult situations and the Laboratory Charter School of Communications and Languages prepares children for these situations. For example, a large percent of the American population is bilingual, and bilinguals are sought out. Of this the Lab School is aware, and so the children that come here receive a head start. The Lab School's small class sizes enable children to learn and question more, 195 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 something that would be difficult in a traditional public school class size of 35 or 40. The Lab School is like a family. We all work together, teachers and students, striving to achieve the main goal: to learn. The teachers instill in us a love for learning. I know that I love to read and that the Lab School's jump-start program of reading books and doing reports has furthered this love. I am proud to say that I have maintained a 97 average throughout my three years as a student at the Laboratory Charter School of Communications and Languages. I hope that more charter schools are established so that other children will have the opportunities that I have had. (Addresses the Council in French.) I know that I will be a success and that I will owe that success to the Lab School. Thank you.

Councilman Kenney

Thank you very much. Thank you for your testimony. Dr. Brown?

Dr. Brown

Yes. 196 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Thank you.

Dr. Brown

Thank you very much for inviting us here and thank you for listening to our students.

Councilman Kenney

Pleasure.

Dr. Brown

I think that they are the ones that really have something to say, and they are certain a testament to what we're about in charter schools. I could do this any number of ways. I have some prepared remarks, but I also am a seasoned educator, having served in the Philadelphia School District for years first, 15 first as a teacher, as a special ed. supervisor, 16 as a director of special education, and later as a 17 principal of two schools in the West Philadelphia 18 area. I now serve as a CAO of a charter school, 19 the Laboratory School for Communication and 20 Languages, and I had an application in for a charter school that was denied at this last application process. I can give you my prepared remarks or I'll happy to respond to any questions that you might have about charter schools that you feel 197 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 that I could be helpful in a response to.

Councilman Kenney

I think the most helpful thing would be for you to give us a little bit of a discussion about the charter school application that was turned down and what your experience was in the process and just what happened through that effort.

Dr. Brown

I would love to do that, if I can do that, because I'm not sure exactly what happened.

Councilman Kenney

Okay.

Dr. Brown

I completed the application as it was given to us, and I was very surprised, frankly, when we did not get approval. I'm not sure what happened. We did get some feedback on it. The feedback, unfortunately, was pretty general, and I did respond to it, and I am in that group of 13 that has asked for a reevaluation. I felt that many of the questions and statements that they had on there had already been responded to, so our response again was to please check or , or whatever it was. One of the things that was said there was, they felt 198 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 that we had asked for too many students, and I don't think they understood that process, and this has been something that has, I think, hurt charter schools. When we applied for a charter school for the Laboratory Charter School that is current existing, we had asked for 350 students, and we found that we had so many applicants for the school that we should have asked for more. And so I went back and asked for more. And they gave us an additional 60, but they would not give us any more. So I thought this time, I had better ask for more, and I did that based on the number of people who come into us making applications for charter schools. This time we asked to put a charter school in four different sections of the City, starting in the West Philadelphia area, because most of our applicants come from West Philadelphia. With the Laboratory Charter School, we have a site in West Philadelphia, at 54th and Lebanon, and we have a site at with 4th and Brown, in the Northern Liberties section of the City. We asked to start a charter school with 199 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 250 youngsters in West Philadelphia this year and to move sites in some subsequent years. We have been denied that. I'm not sure how we will make out on --

Councilman Kenney

What's the theme of the school? Is there a special educational --

Dr. Brown

For the proposed theme?

Councilman Kenney

Yes.

Dr. Brown

The proposed program would allow us to work with children in an ungraded setting in grades kindergarten through 3 to make sure that those children get a head start in education. And the reason that we did that is because we get so many children from the traditional public school system and even some from parochial systems that are so far behind where they should be, that we felt that by putting a program out there where children would not feel intimidated, that we could move children's levels up so that they would have a head start when they start into 4th grade, which is a very pivotal grade. So it's basically basic education in an ungraded setting. I felt that many of these children 200 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 might have been diagnosed as special needs if they did not receive this kind of education.

Councilman Kenney

What are some of the suggestions that you could give us today as it relates to the District's process in evaluating and communicating and lending assistance to this process?

Dr. Brown

I hope this doesn't come off as a negative, because I don't mean it as a negative, but I do believe that in order to be fair about applications for any kind of job, that you have to have some knowledge of that. And I feel that maybe there should be more people on the School Board that have training in education. I don't think it's enough to just rely on staff. I have that problem myself: I get too dependent on staff. But I always try to find out -- for example, in finances, I need to know something about it before I go and try to look at my books and find out whether or not they're right. And I just feel that there need to be more educators on the School Board who have the power of a vote and who know what different learning strategies are and they know what has worked and what has not 201 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 worked. We have in education what we call "best practices," and best practices in education tells you what has been done and what has worked. And I think if people really know best practices, they will know a sound education when they hear one. At the Laboratory School of Communication and Languages, we are the only charter school that has accreditation to the new State Association of Colleges and Schools. I think that speaks very loudly because we had an organization to come in, and where people came into us for approximately four days. And for a period of two years, we spent time pulling information together on curriculum, on our contacts with parents, on our parent training, on our teaching strategies. And this group of people that came in were astounded at what we were able to do in two years, and I too am astounded at the progress that we have made with the children. We have very high standards for our children. Our teachers get a great deal of staff development. Built into their contract is an additional hour every day where they have staff 202 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 development and they are able to discuss with seasoned administrators and people who come in as volunteers who have served the School District and who have served in administrative positions to work with these teachers to try to teach them how to better serve these children. I felt that that should be something that should be considered when they looked at another program that we proposed.

Councilman Kenney

Thank you. Councilmember Miller.

Councilwoman Miller

Just a couple questions. How long have you been open, two years?

Dr. Brown

Three years, this is our third year.

Councilwoman Miller

Okay. Can you tell us a little bit about your parent, the level of parental involvement that you have at your school.

Dr. Brown

I would say this, Ms. Miller: It's not what I would like for it to be. I have a great deal of concern about parent involvement. I didn't hear all of my colleagues talk about parent involvement, and I don't know 203 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 whether we share the same ideas about it or not. I am not interested in bake sales, I am not interested in candy sales, I'm not interested in running up and down the street to fish fries. I'm interested in parents coming in, looking at what is needed for their youngster at a particular grade level, looking at the skill development, and sitting down with us, saying, What can I do and what will you do and what can we do together? And this is what we are trying to move toward. We're starting a new organization -- in fact, we meet this week for the first time -- called "Academic Boosters," and our parents would be the academic boosters. We are having this day -- in fact, I left a meeting this morning with our prospective kindergarten children, we have one half at that meeting at the 4th and Brown School this morning, and we are having the other half as we speak -- where we bring in parents and say to them, While you're child is in kindergarten here, this is what your child will be expected to learn, this is what you can do to prepare that child for kindergarten. And we have given them booklets that 204 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 consist of perhaps 200 pages, page by page. They will have to color within the lines, they need to recognize these sounds, they need to recognize these letters, they need into to recognize these numbers, they need to know their address, their telephone number, they need to know where Mom works and it's not just *72 on the telephone, and different things that they need to know. And in working with parents like this, we have found that our children learn much more, they gain much more confidence, and the relationship between teachers and parents is very good.

Councilwoman Miller

So that's a part of the parent training --

Dr. Brown

We have that at each grade level, but we certainty spend more time with it at the kindergarten level because many of these parents are younger and many of them have been unexposed to any formal education for their children.

Councilwoman Miller

Right. And I think it's that's important that that happens with parents before the first report period, because 205 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 when you get that progress -- when you get your report card for a kindergarten student, I think it has like 34 areas that the child --

Dr. Brown

It depends on school, and they just keep on adding areas.

Councilwoman Miller

Right. An you go, Wow, 34 things that a kindergartner needs to know, but part of it is tying shores, learning the telephone number, address. I'm just thinking of all the things I saw when my daughter was in kindergarten most recently. So I think it's real important that parents know. I know I'm an advocate for knowing what the curriculum's going to be for each grade as a parent, 'cause maybe that is a way that you could begin to supplement, to help, maybe get a tutor, whether the child is doing poorly or not. In my type of profession, sometimes I have to pay people to be available to help my daughter with homework because I'm not at home -- I'm at a community meeting or whatnot. But if you know in advance, as you're doing -- what the School District used to do, they used to give you that little booklet for each grade so you could really follow, you 206 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 know, what the curriculum was going to be per grade.

Dr. Brown

I think that's true and I think what it does also is, it makes parents aware of what is expected at each grade level.

Councilwoman Miller

Right.

Dr. Brown

Because, quite frequently, parents believe that children are doing well, when, in fact, they are not doing well for the grade they're assigned to.

Councilwoman Miller

Right.

Dr. Brown

They may be working far behind level.

Councilwoman Miller

Right. And your school goes from K through --

Dr. Brown

We actually -- our charter was approved -- the Laboratory Charter School was approved for grades kindergarten through grade 12.

Councilwoman Miller

Okay.

Dr. Brown

We are up to grade 8 right now. We are moving a grade a year.

Councilwoman Miller

Okay. So you haven't had any 12th-graders yet.

Dr. Brown

Right. 207 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilwoman Miller

Okay, all right. Well, I don't have any more questions. Didn't I meet you at --

Dr. Brown

Yes. We had a program here in City Hall here last year and you were very helpful with that program, where we brought in children from 31 different schools to tell us what they thought was needed for school reform.

Councilwoman Miller

Mm-hmm, okay. Well, I'd like to thank you too for coming in today.

Dr. Brown

I thank you, I thank you all for having us here.

Councilwoman Miller

You're welcome. Joe Proietta?

Mr. Proietta

Good afternoon.

Councilwoman Miller

Good afternoon.

Mr. Proietta

My name is Joe Proietta, and I am the Chief Administrator Officer of the Community Academy Philadelphia. We are one of the first four charter schools that were chartered by the School District of Philadelphia. We're also the first charter school in the State of Pennsylvania to graduate a 12th-grade class. This 208 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 year, we're currently -- we're grades to 12. And our charter was just renewed, so we've all gone through that renewal process as well as the initial charter process. And our charter was renewed for grades K to for the next five years. I'm also the President of the Philadelphia Alliance for Charter Schools, which is an organization of CAOs in Philadelphia. And one of the things that -- the reasons that I'm here today is that I was asked to kind of respond to some of the issues involved in the relationship between the School District of Philadelphia and charter schools. I thought it was very interesting, one thing that Dr. Meister, which was, she said that the systemic change based on current plans will take 12 years of the entire lifetime of a student that's going into 1st grade this year. Charter schools offer something a little bit different. I figure for Community Academy Philadelphia, that would be about a half an hour for that student to achieve the same change. That would be the interview and maybe a 10-minute test for 209 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 placement. Then that student can come to a charter school where the implementation of change had to happen much more quickly and where the student's problems and educational issues can be addressed directly. So charter schools do offer, for the City of Philadelphia, the opportunity to have schools that are addressing special needs of students. And addressing them now. The relationship between charter schools and the Board has improved over the five years that our charter has been in existence. And I also have another perspective that I have, which is that Community Academy Philadelphia is in its fourth year. However, we'll be graduating our 21st graduating class this year because we were the Community High School before.

Councilwoman Miller

Oh, I remember.

Mr. Proietta

So we started in 1980 and are now in our 21st year. We also were -- maybe it's like an asterisk after that, you know, 61 home runs with the asterisk. We were the first charter school to 210 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 be accredited by Middle States, and that's because we carried our accreditation with us from the Community High School. Laboratory School is the first charter school to go through the process of Middle States accreditation. So I have experience working with the School District of Philadelphia as a contractor and then four years' experience of working with the School District as a charter school. And as I said, I think there's been some significant improvement in the relationship between the Board of Education -- and when I say "the Board of Education," I'm talking about the members of the Board of Education itself and charter schools. That change has not been happening as quickly or as effectively with the bureaucracy of the School District. In dealing, though, with the Board, there are still some issues that I think are important, and that is that in Mr. Ramos's testimony today, he said that the implementation of Act 22, as far as the School District was concerned, was an implementation of choices that meet the School District's objectives. And I 211 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 think as charter schools -- I don't think we believe that that was the intent of Act 22, that all charter schools must meet the objectives of the School Board; that sometimes it could be the objectives of the community that need to be met, or that there are holes in the program the School District is offering and that charter schools are there to offer some kind of remediation for that. How that has kind of worked its way into the process is that because the Board feels that choices that meet the School District's objectives are the point of Act 22, they've a certain number of priorities, which were discussed earlier today, in the application process, and that some of those schools that were turned down were -- it was suggested in the reasons for turning them down that they were not meeting a set of priorities that were set by the School Board. And, again, I'm not sure that's the point of Act 22, because the charter school law should -- one of the objectives of the charter school law is to allow the community to respond to its own needs, and I think the Board needs to look at those issues. 212 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 But the more vexing issues, I believe, for charter schools come in terms of that gap that exists between the Board's attempt to communicate, to have that communication with charter schools, and a dialogue with charter schools, and then the implementation of decisions that are made by the Board. I also feel that this is not something that is just an issue with charter schools. Over the years I've had to deal with the School 12 District, I think I've -- it's become clearer and 13 clearer to me that sometimes the problems that we 14 see in schools are the result not of good policies 15 but of the implementation of those policies and 16 the Board's inability to take an idea and have 17 that idea carried through to the end. 18 And for charter schools, these become 19 issues of accounting, the way that we receive our 20 billing. Our bills are wrong almost every month, 21 the amount of money we receive; we have to check 22 them and go over them. The reason the bills are not correct is because the computer system is a problem, it doesn't work right. Students are not properly entered into the computer system and we 213 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 have difficulty removing students from the computer system. And if we tried to call the help desk, you can never get an answer to that. Exchange of records. It's been very difficult for charter schools, or any school, and that's why I think this might even apply to their own schools, in getting a school to send you records.

Mr. Proietta

We have never received a special ed. packet from the School District for a special ed. student. We're now at the point where what we do is, we retest every student. If it comes up on the School District's computer that that student is a special education student, we will ask the family resource network for the information -- when the last IP was done, that kind of thing and a copy of, and it we won't get it. So we end up having to retest the student again. In any other part of the country now -- I mean, in any other part of the State, a charter school is a local educational authority; the State's made that determination. That means the School District schools IUs, intermediate units, that provide services to the school districts in 214 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the area. Say, if it's Bucks County, there may be school districts in Bucks County and there's an 4 intermediate unit to provide help for particular 5 things like special education. Philadelphia, the 6 Intermediate Unit No. 26 is the School District of 7 Philadelphia. Therefore, we don't get the type of 8 help as a Philadelphia charter school for the 9 intermediate unit that our fellow charter schools 10 in Montgomery County or Bucks County or Delaware 11 County will get from their intermediate unit. 12 Things like doing special-education testing, 13 providing support services that would be expensive 14 to do individually like speech therapy and things 15 like that. 16 So one of the recommendations that we 17 have is that the School District and the IU be 18 separated, that the administration of those two 19 things become separated, because now, Philadelphia 20 County has more than one school district. In 21 fact, as Mr. Ramos pointed out, we now have the 22 third largest school district. We have the first 23 largest school district in Pennsylvania and we 24 have the third largest school district in 25 Pennsylvania inside Philadelphia County, inside 215 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Intermediate Unit No. 26. The certification issue, too, is something that's been raised frequently involving charter schools. And as was mentioned earlier today, the certification issue is very often simply a matter of paper, and a charter school has available to it local certifications and State certifications for substitutes and intern certifications. And the problems that have come out in either the Auditor General's report or some of the reports of the press about charter schools not having sufficiently certified staff is really a matter of education and a matter of educating the CAOs to all of these other options that the public schools have available to them, which are also available to charter schools.

Councilwoman Miller

How costly is the special ed. testing to charter schools?

Mr. Proietta

It can cost as much as $500 --

Councilwoman Miller

Okay.

Mr. Proietta

-- to do that.

Councilwoman Miller

How many children do you have, how many students? 216 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Proietta

Our school has 276 students.

Councilwoman Miller

And you are a high school?

Councilwoman Miller

Okay. You were a private school prior to becoming a charter school?

Mr. Proietta

That's correct. As a private school, our sole business was as a contractor with the School District.

Councilwoman Miller

Okay, 'cause I do remember children being referred to your school years ago. I used to work for State Representative David Richardson and I worked on a lot of the education issues when I was in his office, so I do remember your other school.

Mr. Proietta

Right.

Councilwoman Miller

And when you talk about meeting special needs of students, you're talking about the special ed. students such as speech therapy, as you just indicated? Or what are we talking here? What specifically do you mean that some of the -- hold on, let me just read 217 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 my question.

Councilwoman Miller

You spoke of charter schools being able to meet special needs of the students; what specific special needs are you talking about?

Mr. Proietta

Okay. Certainly, that would mean special-education needs and, as you said I had mentioned, speech therapy. But it also refers to the ability to be more flexible than the public schools, be able to make adjustments in providing services to students where -- our school, for instance, besides the educational program itself, which is the main component of the school, we also provide a clinic, and we provide day care, and we have a psychiatrist one day a week, we have three therapists that come to the school. We have a contract with the University of Pennsylvania to train their nurse practitioners, their pediatric nurse practitioners, so they come in to the school one day a week and they go down to the day care or check on kids and make sure that they're, you know, getting proper inoculations and all those things. We do have a 218 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 school nurse, but we also have them coming in. We have a contract with Temple University, their children's hospital, so that we can send our students directly to a clinic that's about a block away from the school, and that they can go there if they need a shot if they're sick. That type of thing. So a charter school, I think, has an ability that those types of decisions -- just signing that kind of contract, making those kinds of adjustments in the program -- in the public school system could take years of going from one to the next to the next to the next till they get the right type of approval. Charter schools can respond quickly when there's an issue of need for the students.

Councilwoman Miller

Well, I do know that there are a number of charter schools that have called our office and they do have trouble getting those records from the School District, and I know that that is a key issue with charter schools. You said you've graduated how many charter-school graduating classes? 219 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Proietta

1997 is when we became a charter school, so starting with the graduating of '98, '99, and 2000 and we'll be graduating our fourth class this June.

Councilwoman Miller

Okay. How involved is the school itself in senior activities? I'm asking that question for a reason.

Mr. Proietta

That's a very good question. In terms of senior activities, do you mean like career planning and --

Councilwoman Miller

And also proms and class trips and all of those traditional kind of things that happen.

Mr. Proietta

Yes, we do have all of those things. We just had our prom two Fridays ago.

Councilwoman Miller

Are you as an administrator -- or is the school itself involved in the prom?

Mr. Proietta

Oh, yeah. And in fact, every member of the faculty attends the prom and always has. We've been doing it for -- I think it was our 17th prom. 220 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilwoman Miller

I just asked that because we have a couple different charter-school children that come into Council and volunteer, but I also have some other charter-school children that come to my office, and we've had to get a little bit too involved -- meaning my office -- in helping with the senior class activities. So I was just wondering how other charter school are handling them.

Mr. Proietta

Right. We have a student government and the student government plans a good deal of the activities for the students. We have all of the things that seniors have: we have rings and pictures and a prom. We also do -- which is something kind of unique to us and it's done through all private funds. We do a European trip every year and have been doing that for seven years. This year, we took fifteen students to London, and then we went to the University of Oxford, and for two days, the students attended classes in secondary schools in Oxfordshire. And then we took the tunnel train over to Paris and came home from there. And next year, unless the world 221 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 situation changes a lot, we are actually planning a trip to China.

Councilwoman Miller

Okay, that's great. And how many of your children are going on to post-secondary education?

Mr. Proietta

It's usually about 90 percent, with that percent being -- we do 9 have a very -- we are working in an area with a 10 very high pregnancy rate, and that's why we have a clinic and why we have day care in the school. So about 10 percent have issues of parenting and immediate work, needing to go into immediate work. But 90 percent of them will go to post-secondary training, and that is about 50 percent to four-year colleges and about percent to community colleges, and the 19 remainder going into the military or into a 20 training school. 21 And they start that process in their 22 junior year, where each student has to come up 23 with a plan of what they're going to do when they 24 graduate. 25

Councilwoman Miller

Okay, very good. 222 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Thank you.

Councilman Kenney

Thank you very much. Miss Bailey, could you please identify yourself for the record and proceed.

Ms. Bailey

Sure. My name is Deirdre Bailey. I'm a policy analyst in the office of State Representative Dwight Evans. Good afternoon, Chairman Kenney.

Councilman Kenney

Good afternoon.

Ms. Bailey

And Chairwoman Miller.

Councilwoman Miller

Good afternoon.

Ms. Bailey

Thank you for the opportunity to speak before you regarding our city's charter schools. I have been asked to specifically discuss the possibilities for amending Act 22, which is Pennsylvania's charter school law, and strategies for utilizing charter schools to strengthen neighborhoods and prevent middle-class flight. These are obviously two issues that Representative Evans has spent a tremendous amount of time thinking about and working to effectuate in Philadelphia. However, before I begin discussing 223 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 these particular matters, there are a few points that I would like to make regarding what I understand to be the overall goals of this hearing: assessing the relationship between the School District of Philadelphia and its charter schools. First to the District's credit, there are positive indications that District administrators are making real efforts to improve relations with charter schools. In particular, our office has been working closely with the district's Budget Director, Mr. Wayne Harris, to devise a more efficient and charter-friendly mechanism for handling the revenue-related aspects of charter schools, and also to work out kinks in the special-education funding distribution and reconciliation procedures between charter schools and the District. Within a month's time, Mr. Harris has come out to visit two charter schools and is planning to cosponsor, along with Representative Evans, a business information session for charter-school operators before the start of the next school year. Both Pedro Ramos 224 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 and Debra Kahn have also reached out to our office regarding the District's involvement with its charter schools. But there is still much more work to be done. The District's recent approval of only three charter schools was disheartening, especially since those who submit applications to start charter schools provide the lens in which our communities observe their greatest education needs, whether it is an effort to reduce class size, to serve at-risk children, to enhance special education, to provide culture exposure, or even to prepare our children for a high-tech society. We cannot afford to limit the creativity and approaches used to better public education. Most charter schools in Philadelphia have waiting lists at least the size of their present enrollment. Since charter schools represent the only public alternative for the majority of our children, we cannot allow such a large parental demand to go unmet; nor can we lose the opportunity to revitalize our communities through promising educational alternatives such as charter schools. 225 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 It was quite an anomaly to see on the same page of the Philadelphia Inquirer one story about Mayor Street's embracement of charter schools as a means of halting middle-class flight and then another story about the Board's rejection of out of 27 charter applications. It is 8 imperative that our City's highest office and its 9 school board work in unison work to ensure that 10 our schools become the anchors for transforming 11 neighborhoods. If this is the vision for public 12 schools, then perhaps the District should have 13 convened those applicants and expressed their 14 concerns before publicly denying them, which 15 tainted the image of charter schools. 16 On another note, the School District 17 has expressed concern about the financial impact 18 that charter schools have on its overall budget. 19 The District has suggested that a part of their 20 current deficit is the direct result of dollars 21 being spent on charter schools. In our opinion, 22 such financial pressure is a sign that charter 23 schools are fulfilling part of their original 24 purpose, which is to encourage productive competition by forcing the District to compete for 226 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 revenue.

Ms. Bailey

The per-pupil allocations that charter schools receive never belonged to the District; instead, the money allotted for public education is meant for our children and should follow them to whatever learning environment their parents deem most appropriate. On the issue of possibly amending the enabling legislation, Act 22, there are two important legislative initiatives worth mentioning. The first amendment went into effect at the close of last year and pertains to the issue of transportation for charter-school children. Prior to the passage of this amendment, which requires that transportation be provided for students who attend charter schools in session on District-recognized holidays, the District refused to assume responsibility for getting these children to school. Consequently, our office fielded many calls from charter-school operators whose students were left on street corners, waiting to be transported to school by their normal yellow school bus. Representative Evans spearheaded this particular amendment only after unsuccessfully attempting to resolve this matter 227 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 with the School District's legal department. Another legislative initiative that Representative Evans is currently seeking cosponsorhip for relates to facilities funding for charter schools. As you may know, the lack of adequate capital facilities funding is one of the major challenges facing charter schools. Unlike neighboring public schools, charter schools in Pennsylvania are not eligible for State reimbursement for acquisition or renovation expenses. Providing adequate and affordable space to charter schools would help increase the educational options for our neediest children. In particular, this amendment would authorize payments to charter schools for the cost of facilities. Payments would be made annually from funds appropriated for this purpose from the Department of Education. Payments to charter schools would be made at a rate of $1,000 per pupil enrolled. There are also provisions included to increase the amount of funding allocated to the School District for similar facilities matters. In closing, I will briefly talk about 228 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 ways Representative Evans believes charter schools can help revitalize our neighborhoods and retain the City's middle-class tax base. Mayor Street in his latest endorsement of charter schools is joining an increasing number of big-city mayors who realize the future prosperity of their cities is directly linked to the quality of educational options provided to their youngest citizens. We applaud the Mayor for recognizing that the quality of schools plays a major role in transforming our neighborhoods into regional choice and high valued places where residents take pride in raising their children. Charter schools are an essential part of this plan. Let's face it, restoring faith in our public schools is not something that will happen overnight, although we must work every day as if it's our last chance. So what do we offer those families who decide where to live based on the quality of schools in a given area? Charter school are new and promising alternatives that at least suggest that the School District recognizes the need to provide an immediate response to failing schools. Charter schools can only work with the support of 229 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the School District. Currently, there is no 3 office within the District specifically intended to provide high-quality technical assistance to charter schools. Much of the limited assistance that charter schools receive from the District is fragmented and spread out across several offices. The District must enhance and better organize services to charter schools.

Ms. Bailey

The District should also take opportunities to publicize the good work of many of our charter schools by launching a public relations campaign intended to heighten the awareness about all of the exciting educational options offered in Philadelphia, including charter schools, magnet schools, and demonstration schools available to our children. Each charter school functioning somewhat as its own school district is really a small to midsize business in the community. Buildings and vacant land that were once eyesores have now been transformed into beautiful, safe places for children to be educated and for families to access in the evenings and on weekends. Charter schools also create employment 230 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 opportunities. Several charter schools have teachers and non-instructional staff who live in the surrounding community. Job creation, neighborhood improvements through blight elimination, and strong educational systems that work for all children and identifiably function in the public interest contribute greatly to the quality of life of our neighborhoods. These things do work wonders to ensure population retention and growth, restoring hope in the eyes of working and middle-class parents who vote with their feet by going elsewhere when urban city life is no longer conducive for their families. Thank you.

Councilman Kenney

Thank you very much for your comments and thank you and Representative Evans for his foresight and courage in promoting this issue many years ago when it first was started. It took a lot of courage considering he's an urban Democrat to pursue this kind of effort, but I think he does have the intelligence and the foresight to understand that this was a major issue that was driving people from our 231 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 cities. And please take back -- I've said it to him before personally, but please take back to him my thanks for being one of the main people who brought this thing to light and brought it forward.

Ms. Bailey

Absolutely. There were also a number of things that the representatives from the School District commented on regarding the relationship between the School District and the State and issues there. So if there were pending questions or issues that you all wanted to address regarding some of those things, I would be willing to address them as well.

Councilman Kenney

Perhaps you could give me -- and I've asked the President of the Board and they're going to -- they talked a little bit about their view but are also going to get back to us with some numbers. And, again, I'm not an economics major, but if two-thirds of the students currently involved in the charter school program in Philadelphia came originally from the public -- the traditional public schools and one-third came from somewhere else outside that system, the charter schools are being funded at a 232 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 level of 70 percent of what is going now per pupil to the traditional public schools. Where does this -- where does the gap that the School District contends is the major economic burden for the School District because of the funding of charter schools through this method? Do you have any opinion on why they view the world this way and what we can do to change that view? I mean, how do they lose money?

Ms. Bailey

Well, one of the things that has been said to us and Mark Masch, I believe, from the School Board came to visit us, and he has taken specific responsibility, I think, on the Board in terms of looking at their current fiscal situation and what things are contributing to that deficit, and they do have charter schools indicated as one of those things. And from what I understand the District to be saying is that they are not able to downsize at the same level in which money is being taken from the District to finance charter schools.

Councilman Kenney

And as I said very simplistically to the panel from the School District was that it's more expensive, apparently, 233 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 to run the traditional public school than it is to run a charter school.

Councilman Kenney

And the issues involving that are multifaceted, but it's contractual, it's cost of labor, but it's also administrative, it's also bureaucratic, and there's also other issues that are related to what goes into the cost of providing education per pupil in the traditional public schools vis-a-vis the charter schools. And I guess what has been sad about this whole debate is that charter schools -- and I know it's changing a little bit, because you've even said in your testimony that the Board's getting a little better -- a different attitude at least about charter schools. There's been this constant adversarial relationship that somehow for every student that goes into the charter school system is a direct threat and detriment to the public schools' fiscal health. And I reject that personally, and I think part of the problem has been with this whole debate that either you're for the public schools, and if you're for any other 234 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 method of education, you're against the public schools.

Councilman Kenney

And that is just something that really has frustrated me and, you know, sometimes people view you as you're an opponent to public education. Well, again, as Representative Evans and as you have expressed, I'd like to give our parents in Philadelphia County as many choices as absolutely possible -- more choices than they have in the suburbs or in New Jersey. I mean, I watch TV and look at advertisements on television that New Jersey schools, they work.

Councilman Kenney

Well, do they work in Camden, in Newark, in Hoboken? I mean, do they work in those places, or are they just telling us that these schools work? I think that if we can create an environment, as you said in your testimony, where the realm of choices are available for our parents, working-class, poor, middle-class, upper middle-class, the City will be better off for it. 235 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 But, again, it's breaking down this belief that somehow public indication -- or traditional public education should have the monopoly on public school financial resources, and I think that that's where the real philosophical split has come.

Ms. Bailey

Right. We subscribe to the philosophy of the money following the child. And essentially, any public education system that is not in the public interest -- meaning is not properly educating its youth citizenry -- should be call to question on that. And as I mentioned in my testimony, one of the purposes in Act is to create that level 16 of competition and force school districts to 17 respond to the academic needs of their children or 18 face fiscal consequences as a result. 19

Councilman Kenney

Thank you. 20

Councilwoman Miller

I have one 21 question. 22

Councilman Kenney

Councilwoman Miller.

Councilwoman Miller

Good afternoon.

Ms. Bailey

Good afternoon. 236 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilwoman Miller

I have a couple questions. Is there any data that will let us know about the performance of charter schools? I know most of them are not as old as Harambee and Community. But so we could really be more knowledgeable about the competition. I have a number of charter schools in my Councilmatic District, but pretty much, they're new. And I just wanted to know if there's been any data collected at the State level.

Ms. Bailey

The State recently commissioned Western Michigan University to do a preliminary study of the effectiveness of Pennsylvania charter school, and I can get copies of that report for you all. But essentially what that report said is that, without commenting specifically on the academic performance, there is an increased interest in learning by students who attend charter schools. Charter schools attract a majority of children that would be labeled as "at-risk." And teachers also expressed confidence in the academic performance of the students that attend charter schools that some of the findings that came out of the that report. 237 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 In our district, the West Oak Lane Charter School is educating roughly 600 children over a longer school day and year. Teachers receive hours a month of structured 6 professional development, and both students and 7 teachers have over a 90 percent average daily 8 attendance rate. Seventy-two percent of West Oak 9 Lane Charter School's 3rd graders read at basic or 10 above on the SAT-9, and another 11 percent of the 11 3rd-graders read at proficient or above on the 12 SAT-9. And we believe that those type of percentages on standardized exams show a great deal of promise for where our charter schools are going. When John Skief was here, he also commented about the test results of his charter school, and the Philadelphia Inquirer and the Daily News both reported that his students' test scores exceed those of the District's.

Councilwoman Miller

That's really good and I'd really like -- I'm really interested in seeing that report once it's finished.

Councilwoman Miller

And I have 238 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 another question. One of the state reps told me that there have been two resolutions introduced to put a moratorium on approving any additional charter schools; I'd like to hear a little bit more about that. Do you know why?

Councilman Kenney

And could you tell us where those resolutions originated from?

Ms. Bailey

Representative Boyce and Representative -- I believe it's Representative Boyce. I don't want to quote the other representative because I'm not completely accurate on that. But essentially one of the resolutions is to place a moratorium on charter schools in Pennsylvania until a thorough study is done about the effectiveness of them. The other resolution 18 is essentially to authorize that this report take place. The concerns that apparently brought about those resolutions were around some things that, in all honesty, were discussed and negotiated prior to Act 22 being approved: issues around for-profit management, issues around teacher certification, issues around discrimination and what the enrollment policies of these charter 239 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 schools would be. And so our position on that is essentially that resolutions of that nature are counterproductive and that the real moratorium needs to be placed on the sub par education that our children are currently receiving, and that until we begin to look closely at the disparities in the type of education that our children are receiving versus children in some other school districts, we really cannot afford to limit the educational options that we are providing to our children.

Councilwoman Miller

What is the status of those resolutions? Have they been introduced, are they passed?

Ms. Bailey

They're in their very initial stage. They have received some cosponsorship. I think they're still shopping it around, but it hasn't been introduced yet.

Councilwoman Miller

Okay, all right. Thank you.

Councilman Kenney

Councilmember Brown.

Councilwoman Brown

Good afternoon. 240 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Ms. Bailey

Good afternoon.

Councilwoman Brown

Follow-up question. What county is this representative from, or what part of the State, Representative Boyce -- urban, rural?

Ms. Bailey

He's from the rural area, I believe.

Councilwoman Brown

Okay. Thank you.

Councilwoman Miller

Does his county have any charter schools?

Ms. Bailey

Yes, his county does have charter schools, if I'm not mistaken. And also, you all should know that Sharmain Matlock-Turner was here earlier, as well as Ernest Jones, and they both coauthored a letter to Representative Boyce expressing their extreme disapproval with both of those resolutions.

Councilwoman Miller

Could you send us copies of the resolutions?

Ms. Bailey

Yes, absolutely.

Councilwoman Miller

Thank you.

Ms. Bailey

Thank you.

Councilman Kenney

Thank you very much. 241 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 (Break taken.) - - - (Proceedings resume.)

Councilman Kenney

Thank you very much. The committee has now returned to session. Mr. Borowki, Tom Gentzel, Melanie Reiser, and the last person I have on my list is Jennifer Lowman. Please identify yourself for the record and proceed.

Mr. Borowski

My name is a Jay Borowski.

Councilman Kenney

Please proceed with your testimony.

Mr. Borowski

Thank you. Good afternoon.

Councilman Kenney

Good afternoon.

Mr. Borowski

My name is Jay Borowski, and I am President of the Board of the Independence Charter School. The Independence Charter School is scheduled to open in September 2001 with 267 students in grades kindergarten through 3rd grade. It received a charter last July from the 242 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Pennsylvania Charter Appeals Board. I would have preferred to report that the School District of Philadelphia supported, encouraged, and aided our endeavor, but it has done anything but, as evidenced by the District's continued pursuit of litigation to prevent us from ever opening. I could see the idea for ICS in the spring of 1998, watching my son play ball in the park, wondering where he would go to school. I was angry that the City gave me few options. Unresponsive public schools.

Councilman Kenney

Mr. Borowski, could you speak up, please. Councilman Cohen is having a hard time hearing.

Mr. Borowski

Unresponsive public schools, expensive private schools, or leave for the suburb. While watching friends and neighbors move to the suburbs, I wanted no part of this exodus, as I love living in Philadelphia. I thought a parent-sponsored, parent-run charter school would fill a void for my son and other children as well. Our primary goal was to establish a school accountable to parents and responsive to 243 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 their needs. This vision attracted like-minded individuals, and we undertook the arduous task of developing a charter-school proposal. This concept was very well-received in the community. When we held information booths at park festivals, invariably, parents came up to us and said, We wished you were around before we moved out of the City because a school like yours might have kept us here. Little did e know that the School District would be antagonistic to what we believed were our mutual goals. After we filed our application with the School District, the District retained an expert panel, which had been elaborated on earlier by School District representatives. This panel was to evaluate all charter applications. And the panel, though, in our case was apparently determined to find reasons to report unfavorably on us and others as well. In our case, they even questioned our community support in the face of a parent-led group that turned in many letters of support from a wide range of community and cultural organizations, civic associations, political leaders, and a petition signed by over 244 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 300 concerned Philadelphians. In February 2000, when the School Board decided in a split vote over the strenuous objections by some of its members to table the vote on proposed charter schools, thus violating Act 22's time requirements, we and seven other applicants exercised our right under the law to seek a determination by the State Charter Appeals Board, or CAB. The District filed motions to dismiss these appeals with the CAB. When it was dissatisfied with the CAB's approach to the appeals, the School District filed suit in Commonwealth Court involving us. After holding a hearing in Harrisburg, the court dismissed the suit as premature. We testified in front of the CAB, again facing opposition by the School District. Despite the District's best efforts, the CAB approved our charter on its merits in a unanimous decision. We naively supposed this would put to the rest the District's opposition. Even though the CAB approved just three of eight appeals from Philadelphia, the District still refused to end 245 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 its battles. It filed suits not just against the other charter recipients and us, but also filed writs of mandamus against the Commonwealth and the CAB. Apparently just recognizing that it has no 6 real arguments on the merits but still determined to stop us from opening, the District relied primarily on technical arguments that have absolutely no support in Act 22. As taxpayers in the City, we cannot understand why the School District is wasting precious resources on frivolous litigation as it faces insolvency. And as concerned parents, we are dismayed that the District continues to do all it can to limit our children's options. If the district loses its appeal in Commonwealth Court, as we expect, we no longer doubt that the District will take this matter to the Supreme Court. The District has shown no 20 willingness to back down from a fight it knows it cannot win. Its Web site does not list us as an approved charter school, nor acknowledged our existence. We have had no communications from the District except via its lawyers and lawsuits.

Councilman Kenney

Excuse me. Are 246 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 their lawyers the District's lawyers or is this an outside --

Mr. Borowski

The District's lawyers. Jackie Sparkman has represented the District at each of these hearings.

Councilman Kenney

Thank you.

Mr. Borowski

It is a depressing commentary that the District is intent on shutting us down even though we represent precisely the type of middle-class families that Mayor Street repeatedly says he wants to stay in the City. The District's actions belie his words. What message is the District sending, and is the Mayor aware of what the School District is actually doing? This brief description does not do just to what we have endured over the past 16 months, nor to the many ways the School District's actions have impeded our progress but our resolve has not waivered, and we intend to open on time and succeed, despite the best efforts of the District to shut us down before we even begin operations. Still, the next group of concerned citizens may not think it's worth the headaches we faced and leave Philadelphia altogether, and that would be 247 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the School District's biggest sin. And just as a point earlier to sort of emphasize this a bit more. The Wissahickon Charter School group found out about charter schools from our efforts and they themselves formed a parent group that proposed the charter school that has been turned down just this past year. I think that the District's effort to shut us down as well as to take shots and to deny parents who are trying to do what they can for their communities will probably put an end to parent activities such as ours in the future.

Councilman Kenney

Just --

Councilman Kenney

I'm sorry. Go ahead, finish.

Mr. Borowski

And as president of ICS, my one request of the School District is to do the right thing, become an ally, not an adversary in the fight for quality public education for all children in Philadelphia.

Councilman Kenney

Thank you. I have a request for the School District, those who are here and may be taking 248 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 notes for information. I'd like to know the person hours worked by the legal department of the School District on this particular appeal, and I'd also like to know the person hours worked on any other litigation, both at the CAB or at any of the Commonwealth or any Commonwealth Court proceedings -- I'm sure nothing has gone as far as beyond the Commonwealth, the Commonwealth Court. I'd like to know the person hours involved and what hourly rate they assigned the lawyers working at the School District so we could determine the cost of this litigation against these schools that have been approved by the State CAB. Thank you. Councilman, do you have a question, Councilman Cohen?

Councilman Cohen

Yeah. If Mr. Borowski will move the microphone closer to him so I will be able to hear, I would like to know the nature of the students; I couldn't hear from what you were saying. What does your charter school represent, what geographic area, what kind of groupings?

Mr. Borowski

I'd be happy to tell you that. We primarily started in the Society 249 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Hill/Queen Village/Pennsport area.

Councilman Cohen

I don't know I'm having trouble with your voice; I didn't have trouble with anybody else's voice.

Mr. Borowski

Just my luck today. We formed primarily out of the Society Hill, Queen Village, and Pennsport areas. And "east of Center City" might be a better label to put on it. It's parent-led. Primarily the board is comprised of parents who either will have their children in the school this coming year, or when their children become of school age, they will enroll them. Our emphasis has been world cultures and languages. Our application went in November 1999. We filed our appeal to the Charter Appeals Board March 1st, after it was apparent that the City -- the School District planned to file late the Act time requirements. 22

Councilman Cohen

Well, did the School District actually say no to your request for a charter school?

Mr. Borowski

When they ultimately 250 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 took a vote, the vote was against us.

Councilman Cohen

Right. And when was that?

Mr. Borowski

I believe it was March 13, 2000. Just by way of reference, we filed our appeal March 1st, we served both Jackie Sparkman as well as President Ramos of the Board. So they were aware of our appeal prior to the vote on March 13th.

Councilman Cohen

And your appeal went to the Commonwealth Court?

Mr. Borowski

Our appeal went to the Charter Appeals Board.

Councilman Cohen

The Commonwealth Court?

Councilman Kenney

No, the Charter Appeals Board.

Councilman Cohen

The Charter Appeals Board, administratively then.

Mr. Borowski

Yes. That was the next step that was required under the law, is to appeal to the Charter Appeals Board.

Councilman Cohen

Right. 251 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Mr. Borowski

The District filed a motion to dismiss our appeal as well as all of the other appealing charter organizations. Then thereafter --

Councilman Cohen

Did they give reasons for their objection? Did the School District give reasons for their objections?

Mr. Borowski

This is going back a bit, and I haven't looked at the documents in a while. But their primary objection was that the 75-day requirement between holding the public hearings and taking the vote was not mandatory and, therefore, they could take a vote after 75 days without any type of penalty; and, therefore, our appeal should be dismissed.

Councilman Cohen

Did they give any reason why they were opposed to a charter school?

Mr. Borowski

I don't recall. I just remember that their argument was primarily predicated on the wording in the law about the 75 days. Our response to their motion to dismiss is that under the appeal provision, it really didn't matter whether they took the vote on the 252 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 76th day or the 80th day; we had an absolute right to appeal if the total vote --

Councilman Cohen

Well, I'm not dealing with the technicality, whether you had a right to appeal.

Councilman Cohen

What I'm trying to find out is, why did the School District not grant your charter request?

Mr. Borowski

I don't remember the --

Councilman Cohen

You don't have to be precise.

Mr. Borowski

The merits. They talked about -- I believe community support was one of the issues. The curriculum they did not feel met their requirements. I honestly don't know all of the other reasons. It's been a long time since I've looked at that document.

Councilman Cohen

Mr. Chairman, is there anyone here from the School District that could --

Councilman Kenney

There's people here from the School District, but I don't know whether or not they would be able to testify. 253 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Cohen

Do they know why this charter was denied? (Witness comes forward.)

Ms. Connor

My name is Catherine Connor, and I'm the Associate Superintendent for Standards, Equity and Student Services. And my understanding is that we're not at liberty to talk about any particular charter application or why it was or was not --

Councilman Cohen

Why? Why would you not be at liberty; isn't it a public matter?

Ms. Connor

Well, I think what we can do is provide you with a copy of the Board resolution of the --

Councilman Cohen

That's not what I'm interested in; I'm interested in knowing from someone at the School Board why this charter was not granted.

Ms. Connor

I understand. And in the resolution that was passed on the date that the gentleman gave you, it lists the reasons why it was rejected.

Councilman Cohen

Well, what are those reasons? 254 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Ms. Connor

I don't know the answer to that, but I can get it for you.

Councilman Cohen

Is there anybody here from the School Board that knows? 'Cause it seems outrageous that no charter was granted here, and I'm trying to find out to see if there was any sense at all to this situation.

Councilman Cohen

I'm sorry. The charter was granted a hearing, the charter was eventually voted on. There are two issues: one is, why did the District turn it down; the second is the date on which we took the vote. There had been agreement with the charter unhappy about the District's position on both of those issues, but they are two separate issues, which you've been doing a good job of separating, what was the technical issues and what was the --

Councilman Cohen

Well, what was the reason the charter was not granted originally?

Ms. Connor

I don't know the answer to that question. I can get it --

Councilman Cohen

Is there anybody here to knows the answer to that question?

Ms. Connor

I believe there is not 255 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 anyone here who can answer that question today.

Councilman Cohen

Wasn't the Board --

Ms. Connor

It is an answer that has already been given to the charter. I don't know what it was --

Councilman Cohen

You mean, the City Council has no right to inquire and get an answer?

Ms. Connor

No. I simply mean I don't know it.

Councilman Cohen

Well, shouldn't somebody be here from the School District who would know the answer?

Ms. Connor

I would be happy to try to get it for you.

Councilman Cohen

But the hearing was set for today.

Councilman Kenney

Councilman, in all fairness, Secretary Kahn, Pedro Ramos, the President, and Christine James-Brown, a member of the Board, were all here for a number of hours, and because the hearing has been going on since 10 o'clock, they did have to leave for other --

Councilman Cohen

But how do we know 256 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 that they would know the answer?

Councilman Kenney

Well, they -- I think that Miss James-Brown served on the committee, I think, that reviewed the charter application, so she probably would know, but I would suspect that they would have to go to some document at least to read it to know for sure exactly what it was. So we can request the document.

Ms. Connor

I'd happy to provide the document. Thank you very much.

Mr. Borowski

And just to add on one --

Councilman Cohen

Well, it makes no 16 sense whatever to me have a hearing involving the School District and have the School District not represented all throughout the hearing with people and the personnel who would know the answer to questions that Councilmembers raise. I don't like to be told that the people involved were given it because it's my understanding that there are tax dollars involved and, therefore, it's public business and the public has the right to ask questions and get answers, even if our hearings 257 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 last longer.

Ms. Connor

I apologize deeply if I implied that you didn't have the right to the information. I am very clear that you have the right to the information; all I meant to suggest was that it wasn't that we had withheld it from the applicant at the time. I will be very happy to get you the information.

Councilman Kenney

Thank you. Please proceed if there's anything else.

Mr. Borowski

The only other thing that I was going to add is that at the Charter Appeals Board level they took a look at the no-vote from, you know the entire application that we submitted and they unanimously approved it, looked at the merits, and found that our application was meritorious and worthy of receiving a charter. That's all I know. Thank you very much.

Councilman Kenney

Thank you. Thanks for waiting. Mr. Gentzel and Miss Reiser. You can 258 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 move over to that next chair. Could you please identify yourself for the record.

Mr. Gentzel

I will. Thank you. My name is Tom Gentzel. I'm with the Pennsylvania School Boards Association. We represent all of the school districts in Pennsylvania, including, I'm proud to say, the School District of Philadelphia. One of my roles at the association is to work with districts on issues relating to charter schools. It's fair to say, I think, in the four years since this law took effect that the face of public education has changed dramatically. You've heard the data -- I won't repeat all of this, I'll summarize of this testimony. We have now over 70 charter schools either approved or ready to operate this fall. One of the things I'd like to do in just a couple of machines is so sort of put in perspective the Philadelphia experience as it relates to what we have seen around the State. I think you may find that of some benefit. I think it's also fair to say there 259 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 really was not agreement up front when the legislature passed Act about what the expected 4 benefits would be: were charters simply intended 5 to create competition within the public school 6 system? were we expecting greater student 7 achievement? were we expecting cost savings? And 8 without knowing what those objectives were up 9 front, of course, it's difficult to measure the 10 impact or the success of the law. 11 But it's also fair to say -- and I 12 speak now as one who works with the legislature in 13 my role with the association. It's fair to say 14 that the State General Assembly did not expect 15 what we are seeing today. There are a number of 16 concerns that legislators are raising about 17 charter schools and they reflect some of the 18 issues that have already been brought up at this 19 hearing. 20 Charter schools are expensive. Their 21 cost is borne almost exclusively by school 22 districts, and that amount is determined by a formula in the law. Now, very briefly, we have seen -- and I think Philadelphia is great evidence of this -- 260 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the impact of this approach to funding charter schools.

Councilman Kenney

Let me just -- so I understand your testimony.

Councilman Kenney

Charter schools are expensive compared to what?

Mr. Gentzel

They are an expense to a school district's budget.

Councilman Kenney

You say expensive, you say charter schools are expensive.

Mr. Gentzel

Right. Well, I'm going to --

Councilman Kenney

Less expensive than running the public schools at least in Philadelphia per pupil?

Mr. Gentzel

I was going to get into that.

Councilman Kenney

I just wanted to make sure you I understood what "expensive" meant. There's an expense related to --

Mr. Gentzel

I understand.

Councilman Kenney

Okay, but "expensive" denotes relative to something else.

Mr. Gentzel

Well, it does. 261 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Okay.

Mr. Gentzel

And I wanted to just talk about that briefly. There are really four issues here. First, the amount determined by that formula in the charter school law is not related to the actual expense of the charter school, and that's just one, I think, statement of fact. There is a formula in the law that determine how much a district pays. Our research, looking at this on a statewide basis, is that many school districts are actually paying to charter schools more than their instructional; instructional costs, including heating and lighting buildings, paying teachers' salaries, buying textbooks, and so forth. So that's one way I mean "expense." In some cases, you could certainly argue that a school district funding a charter school is paying more per student for instruction than they are for instruction in their own district. Secondly --

Councilman Kenney

One second. Is that the contention of the Philadelphia School 262 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 District, that they're paying more per pupil per charter in a charter system for instruction than it costs within the School District itself per pupil?

Mr. Gentzel

I don't have the Philadelphia data here.

Councilman Kenney

Okay.

Mr. Gentzel

I know for a number of districts statewide that that is true, that the amount -- again, just talking about instructional costs. Because one of the difficulties -- and I have heard this as I have sat through this hearing today. Really what everybody says is true; it's just that we're comparing apples and oranges and some other kinds of fruit here. It's difficult to take a dollar amount that is spent in the traditional public schools and then compare that to a similar dollar amount in a charter. We're trying to find some basis of comparison. Charter schools, I think you heard, cost 70 percent -- Councilman, you were raising this earlier -- of a school district's cost. But you're comparing that to a lot of other fixed 263 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 costs that a school district has that don't necessarily relate to the charter school's --

Councilman Kenney

And that is where the rub is, from my perspective. The question is, is that 30 percent differential, is that an amount of money that needs to be expended? And is that 30 percent differential going to instructional issues within the school system, within the classroom? Or is it money that because of custom and history and contract and labor costs and other things are layered on top of the cost of providing education, and we simply haven't had the will to change it? And I think that really is where the philosophical question lies. Is actually the charter school per-pupil cost really more reflective of what it costs to educate a kid? And is the rest of it all of the other things we've been paying and acquiescing to and dealing with over the past thirty or forty years? And I think that's where the real --

Mr. Gentzel

I think you ask a very important question. Interestingly enough, this is a question that's being discussed in Harrisburg 264 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 and in a lot of other places around charter schools. Let me take a shot at this question 'cause I've been intrigued by it from the first time I heard you ask it. I think what we have to look at is the total school district expenditure, and that includes an awful lot of things that are fixed costs; for example, debt service on all those 2 to 300 buildings and other facilities you have, those are long-term fixed costs of the school district. So when we're comparing a charter school's operating cost to a school district's total budget expenditure, I mean, they're really just two kinds of animal. They're all public schools -- that's what they have in common -- but the nature of their budgets are really quite different. I think Debbie Kahn made a point earlier that's worth repeating. The underlying problem is not an issue here in Philadelphia; it's a statewide problem. And that is that school districts are not supported -- no district in this state is funded by state government on a per-pupil basis. We're not receiving dollars that way. If Philadelphia grew by 10,000 students next year, 265 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 you wouldn't get 10,000 times some dollar amount. The problem is -- you get some percentage increase over last year. The problem is, for a charter school, under the formula in the law, they do get a per-pupil amount as each student leaves, and there is the budget question.

Councilman Kenney

But aren't two-thirds of those same students in the same cohort? In Philadelphia at least. Those two-thirds of the students -- unless the testimony is incorrect--

Mr. Gentzel

No, it's --

Councilman Kenney

If a student that's going to "JFK Public School" is leaving and going to "Roosevelt Charter School," same kid.

Councilman Kenney

You're educating them at a certain cost here with debt service and with administrative costs and other costs on top, but that child moved from here to there. It's not a new kid in the system, it's not a kid that moved from Pittsburgh, or it's not a kid that came from the parochial schools. One-third, 30 percent of 266 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 those kids in that cohort of charter school kids who are from outside represent new costs. But in my mind -- and it may be that I just don't understand the system well enough -- that kid, John Smith, moving from that school to that school is still the same kid in the same public system.

Mr. Gentzel

You're absolutely right. And let me just respond to that because, again, this is the frustration that all school boards around the State are having with charter schools. Ultimately -- I mean, what would make a lot of sense is to say when that child leaves and takes the 5, $6,000, or whatever the amount is -- it varies by district -- and goes to the charter school, that the district would realize some savings. Well, number one, they weren't funded by the state because that student was there in the first place. That dollar amount that leaves with that student is a real loss in the district's budget. I mean, that's a budget expenditure. But the point is that the district's operating costs do not drop by that amount. And so most of those fixed overhead costs that districts are dealing 267 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 with remain the same. And here we run into the state law that affects school districts in terms of being able to furlough staff. It's a very restrictive law. So until you have some substantial decline in enrollment in certain areas that you can say, We can now lay off teachers -- and that's where 9 most of our budget is, as it is for a lot of 10 agencies, it's in staff and personnel costs -- 11 districts' operating costs really don't drop, but 12 that money is leaving the system as kids go to 13 charter schools. And they're entitled to it, 14 that's the way the law works. We're not objecting 15 to that, it's just that there's no savings to the 16 district's budget. 17

Councilman Kenney

Well, they budget 18 some savings, according to the testimony. 19

Mr. Gentzel

There's some savings. 20 I'm talking about a net expenditure, I'm sorry. Right. So the --

Councilman Kenney

But the differential to me is what's astounding, and that's why I have a hard time understanding where it comes about. If on one hand you're budgeting 268 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 $10 million in savings relative to the students leaving, some incremental savings, but on the other hand, you're claiming that there's a 60 or a $65 million loss as a result of those kids leaving that system, to me, those numbers don't seem to add up. It's a wide variance, and it's hard to explain that variance.

Mr. Gentzel

Well, Councilman, I can tell you that based on our experience not only working with Philadelphia but with all of the other districts in the state that have had charter schools, they've all had a similar experience. Now, the dollar amounts are obviously much different than the other districts, but they are all experiencing this very same phenomenon. There may be some marginal cost savings as some students transfer to a charter school, but that -- the reality of that formula in the law, which dictates how much money follows each students, is costing a number of school districts a great deal of money and proportionately, a significant budget impact, as you're experiencing here in Philadelphia.

Councilman Cohen

Mr. Chairman?

Councilman Kenney

Please. 269 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Cohen

Wasn't there once a State formula that did depend on the number of students?

Mr. Gentzel

Absolutely.

Councilman Cohen

And didn't the State then put a cap on the amount of money that it would pay so that the distorts the amount per pupil?

Mr. Gentzel

That's exactly right; you hit the nail right on the head. We had a funding system at one time that was based on the district's wealth, or it's ability to raise revenue -- "the aid ratio," it's called -- the number of students in the district, and a reimbursable amount per student. So every time a new student would arrive in your school district, you got a new amount of money. And I was thinking earlier during this hearing how much different this discussion would be right now if that kind of funding system was still in place, because you would get money as students arrived and you would be paying money out as students leave. The budget impact would not be nearly the same under that kind of a system as 270 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 under the system that we have right now, which is essentially a fixed pot of money that the School District of Philadelphia receives increased slightly each year, but it's not being reimbursed based on the actual number of students.

Councilman Cohen

Thank you.

Mr. Gentzel

The other budget issues here deal with the line item expenditures for school districts and the overall cost, but let me move off of that and talk about just a couple of other issues very briefly. There have been that we have seen across the State a number of problems with school districts and their working relationship with charter schools. And by the way, our association has had a very good working relationship with a number of charter operators, including John Skief and others that we've gotten to know over the years, but there is some fundamental problems here, too, in the law itself. School districts are in the position of reviewing and approving charter applications, of having to monitor their performance, and yet it's very difficult oftentimes for school districts to 271 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 have access to the information they need to be able to do that. One of the first problems that often arises, and I've heard it alluded to several times here today, is the application process. Somebody comes before the school board and says, I want to create a charter school. The school district has, we would argue, a fiduciary responsibility on behalf of the taxpayers of the district to ask some difficult questions in the sense of making sure that that applicant is, in fact, prepared to start and operate a charter school. And a lot of districts have taken this role very, very seriously. Now, I understand there's a debate about, you know, which questions are fair questions to ask. But ultimately what we do know is that if a charter fails to succeed, the district is left to pick up the pieces. The district bring those students back, they have to meet them where they are, and sometimes provide remediation. So districts, we think, need to be able to ask those kinds of questions up front. Once charters are approved, we've seen 272 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 around the State a number of difficulties that districts have had getting necessary information from some charter operators -- certainly not all, and there's some terrific success stories out there as well. But some of these reports have been late, some of them have been inaccurate, and it's made it very difficult for districts to monitor the performance of charter schools. We've even seen -- and you are another example of this -- where districts are impacted by charter schools that are created in other places. In a district next to this one, where a charter school was approved by a neighboring school district, it pulled students out of the Philadelphia School District, and your school board had no authority to review that application, no advance notice that it was being considered, but there certainly was a significant budget impact. That is happening in a variety of ways across the State. " There was one passing reference to it a little 273 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 while ago. These are charter schools that are being created entirely over the Internet. These are students who are spending all of their time at home in front of a computer, getting their instruction. The example I gave just a moment ago about the school in Bucks County that opened and drew students out of Philadelphia without any prior notice in effect now is happening all across the State, because we have a cyber school -- one, for example, created by a little district out near Pittsburgh that is now enrolling students from all over Pennsylvania. And those other districts have no advance notice of that. They're receiving the bills in the mail and they don't have any authority to review or pass any kind of judgment on that charter school. So I think what we're going to see is a legislature taking some kind of action not only on the cyber school question, but on the charter schools generally. I thought the testimony from Representative Evans's office was very well done, but I would take some minor exception to the one 274 5/1/01 LEG. OVERSIGHT/EDUCATION RES.

Mr. Gentzel

010131 comment about the moratorium bill. That is drawing broad bipartisan support in the State legislature because many legislators are concerned about all of these issues that you've been talking about today, and the sense is that maybe we ought to just catch our breaths and take a look at the impact the charter schools are having across the State.

Councilman Kenney

The moratorium bill, in my opinion, would be the additional assistance that families need to move outside the City. While we're catching our breath to see what the effects of charter schools are, those parents are not waiting for us to figure out what's going on; they're going to make a decision to bolt Philadelphia. So in the overall scheme of Philadelphia's economics, the School District included, the loss of those families represent a long-term future detriment to this city like none other, including the condition of the public schools. And the same issue goes with Mosaica (ph.) because my argument -- and I may be wrong, 275 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 but from my perspective, those students that were drawn from Philadelphia into Bucks County to go to school means that those parents most likely will stay living in Northeast Philadelphia or wherever else they're from -- I would assume most of them are from the Northeast -- because not given that option, that option that most of them have been taking over the past 15, 10, 20, years is to 10 pick up their families, sell their houses, and 11 move to Bucks, Montgomery, Chester, and Delaware 12 County, where they can find a school system that 13 they believe supports their needs. 14 So on one hand, I don't dismiss the 15 arguments of the School District and the concerns 16 that they face from their own immediate 17 perspective, but in the larger view of the world 18 of Philadelphia, these lack of options have 19 created a situation where we've lost half a 20 million people in the last 30 years, 25 years. 21 And we continue to lose people at a rate higher 22 than any other major city in the country. If you 23 look at other major cities over the last census 24 period, Chicago, New York, Boston, Los Angeles, 25 Houston, Miami, Phoenix, Arizona, San Antonio, 276 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Texas, have all gained -- just us and Detroit are the only two major cities in the country that have lost significant amounts of population. And it's not just the schools; there is taxes and crime and other issues. But I think for every time we constrain a family from making a choice, okay, and the government decides that we're going to force you into this square peg in this round hole, they rebel and leave. And that long-term loss of wage taxes, of sales taxes, of buying power, of community involvement, of all the things they bring as good, solid working-class families, are lost to the suburbs forever, and our tax base gets increasingly smaller, our needs-based people get increasingly larger, and the City becomes a life boat with a hundred seats that we're trying to fit 300 people in. And in the, end it's going to be over.

Mr. Gentzel

Councilman, if I may just say, I appreciate what you're saying. And as a matter of fact, we believe strongly -- and I want to make sure I emphasize this -- that charter schools are a very important component of school 277 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 reform; we support the effort. One of the things that's particularly important for us all to understand, and I think the reason legislators are talking about this and not just about the moratorium question, I had a meeting recently with a couple of national education groups, and we were talking about charter schools, and they made a very insightful comment. They said, Well, Tom, you know, Pennsylvania is one of the few, if not the only, states where state government is not directly helping to underwrite the cost of charter schools. And I think what legislators are finally starting to say is, this is a worthy experiment, and we need to pursue it, but we need to look at some of these funding issues 'cause they're very real. We need to find a way to enable districts to encourage the formation of charter schools without driving themselves into the ground financially. And I think that is probably where the common ground is, and we're hopeful that that's going to happen.

Councilman Cohen

Mr. Chairman? 278 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Councilman.

Councilman Cohen

And isn't there a problem is having a decision made by a school board from whatever part of the State that feels it's losing money if the charter is granted? I have difficulty in believing that there wouldn't be some impact on their decision based upon the -- what they feel is a wrongful impact on their finances. So I'm not sure that the role -- that the appropriate role is to give the school district that's threatened with the loss of the students and the loss of the income the decision-making power to decide whether a charter should be granted or not. Has there been any consideration of that factor?

Mr. Gentzel

There certainly was. There was a lengthy debate in the legislature about who the chartering agents should be, who should be authorized to grant a charter. We felt -- I'll be honest about this. We felt and the vast majority of the legislature felt that it should be a local school board because some elected official -- and, of course, 279 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Philadelphia's an appointed board, but in the other 500 school districts in the State, elected school boards who would be accountable for the expenditure of those funds, you're committing public tax dollars to support an operation -- in this case, charter schools -- and the argument the legislature made was, we want some elected official at the local level, somebody who can be held accountable. Now, there are other states that have different models. You go to Michigan or Arizona or some other places, you can go to a museum or a university, and they can grant charters. But remember, the other differences is in a lot of those other states, state government helps to pay for those charters; in some cases, they pay for all of it. In Pennsylvania, the state government pays for none of it. And so as long as --

Councilman Cohen

I think you've hit the key to the whole question right there.

Mr. Gentzel

Oh, it absolutely is. Yeah, you know, I think I agree with you. If state government were to pay a substantial cost of charter school -- that's another one of the bills 280 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 that's being given some very serious consideration in the legislature -- then I think that dynamic could change dramatically, and then we could look at other chartering mechanisms.

Councilman Kenney

Thank you.

Councilman Cohen

Thank you.

Councilman Kenney

Anything else?

Mr. Gentzel

Well, I just want to close by saying publicly that we have, at the state level, benefitted enormously from the experience here in Philadelphia. I want to commend to you the work that the School District has done, not only with us but with the legislature in a very constructive way to talk about some of these issues. And I thank you for the opportunity to come down today.

Councilman Kenney

Thank you very much. Please identify yourself.

Ms. Reiser

My name is Melanie Reiser. I am the Executive Director of the Charter School Resource Center.

Councilman Kenney

Please proceed. 281 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Ms. Reiser

I want to thank you, Councilman Kenney, for extending us the opportunity to speak about charter schools in Philadelphia. I have attached a brief description of our organization to our submitted testimony, but since this is the first time we have been in front of your body, I'd like to say that we are a nonprofit corporation that's dedicated to the support and development of the charter schools in the Commonwealth. Today, we were asked to address various possibilities for amending the charter school law, but it may be more to the point to discuss what can and cannot be done here in Philadelphia under the law as it stands. What is not permitted is consideration of money, of politics, or of hidden standards; what is permitted is rational public policy. Obviously, the School District is under enormous financial pressure, and there's an effort to avoid anything that adds to the liability side of the ledger. But you can't solve the financial problem by keeping out or driving out children 282 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 entitled to an education, whether they come from home schooling, from religious schools, or from conventional public schools. Equally obvious is the political pressure including from those who Philadelphia Secretary of Education Debra Kahn has characterized as the School District's existing partners and supporters. The District is understandably anxious to avoid conflict with those people but cannot do so in violation of the rights granted by the law. There are several things that can be done, beginning tomorrow morning. First, the charter school law allows for the local school districts to add criteria for the application and evaluation. The Philadelphia School District is currently losing money on charter schools. The theory behind charter schools is that local school districts should not incur additional costs because money should simply be transferred on a per-pupil basis from the public school to the charter school. Resources are merely shifted. But as Secretary Kahn has testified before, this is not the case in Philadelphia, 283 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 because the only way a school district can reduce its costs is if a critical mass of students come from the same grade level at the same school. But the School District can, and should, develop a strategic plan to ensure that critical mass. The School District can determine a target area for charter school development and add to the application criteria that all applicants in a given year must serve that area. That way, students transferring to the charter schools will be in a concentrated area, allowing the District to shut down some of the schools if necessary and avoid additional costs. Second, the School District can support Mayor John Street's plan to use charter schools to retain the City's constantly shrinking middle-class base. Just as competitive preference is extended to applications that serve under-performing or overcrowded public school areas, the same competition -- preference can be extended to applications that exhibit a middle-class marketing plan or state that they are going to locate in an area that is losing its middle-class base. 284 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 The potential for charter schools to improve Philadelphia's neighborhoods is vast, and the physical impact on the traditional public schools is minimal provided that the School District devises a plan for using the charter schools and ads application criteria to ensure that the charter school applicants meet the provision of this plan. This addition of application criteria is allowed within the parameters of the charter school law, it can be done without having to jump through hoops in Harrisburg, and it can go far to alleviate the financial burden that the School District is currently facing with charter schools.

Ms. Reiser

Finally, the School District can also use charter schools as a means of increasing the revenue flow without requiring any changes to the charter school law. The District can be the provider of capital funding and/or become the landlord for charters and realize a profit for doing so. There is no existing capital funding source for charters, and that has seriously hampered their effectiveness. The District can borrow at tax-exempt rates and renovate or finance 285 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the renovations that charter schools need. And when charters are revoked or not renewed, the assets revert to the District anyway. Also, charters are obligated to go into the marketplace for support services for things like special education and health and so on. The District, if it were willing to do so, could become a competitive provider of such services, and those fees would be a much needed revenue source. Beyond the application process and the changes that can be made without any legislative action, another topic that should be discussed is the way in which charter schools are evaluated. The true impact of a charter school is not how a charter school student fares among the entire school population but how a charter school student's own level of academic achievement improves as a result of the non-traditional education. Thus, we must add developmental tests that measure student improvement to the PSSA, which is currently where most of the charter school performance data is being drawn from. Also, charter schools are unique in 286 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 that their mission often combine academic standards and a special focus, such as entrepreneurship or performing arts. Charter schools need to make sure that their schools are evaluated in a manner that reflects the specialized nature of their missions in addition to test scores. Remember that charter school are not traditional public schools; they embody innovation. Thus, we need to be innovative in our evaluative standards. If parents are satisfied and the waiting lists speak to that satisfaction, isn't the charter school successful? If the charter school is safe and allows students an environment conducive to learning, isn't that school serving a need? What the Western Michigan University report has indicated is that the charter school initiative is simply too new for us to make concrete evaluative conclusions. Therefore, any movement to put a halt to the charter school experiment is premature. So there should be no 24 moratorium on new charter school applications. Either a formal one in Harrisburg, like the one 287 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 that Commonwealth Representative Boyce has proposed or an informal one in Philadelphia akin to the one we witnessed in this last application process. It would with wonderful if the charter school movement had produced undeniable positive results immediately out of the gate, but instant gratification is hard to come by in an education process. The Philadelphia School District is still trying to work out kinks, so we must allow a similar learning curve for our charter schools. I'd like to conclude by saying that the results of the 2001-2002 application process were disappointing. It constituted a giant step backwards for Philadelphia's charters schools and a great blow to the increasing number of families that are seeking educational alternatives for their children. I appreciate the opportunity to speak with you today and I hope that the Council will help shape our public policy in Philadelphia that fosters the broadest possible range of educational options for our children. Thank you. 288 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Thank you very much for your testimony.

Ms. Reiser

Thank you.

Councilman Kenney

Councilman Cohen.

Councilman Cohen

I'm pausing because I'm troubled by the entire discussion. It seems to me that we're ruling out as impact on what happens to a child in school. There's so many other factors that have such influence, and we're talking as if the only thing that is involved in the education of a child is the school experience, when we don't talk about the poverty that many Philadelphia kids live in, the fact that the goals which we say motivate most people in schools, somehow we eliminate the question of goals and say we daren't talk about the fact that there are no 18 job opportunities or very limited job opportunities for most of the students in the minority areas of the City. We don't talk about the fact that the home circumstances are often such that they don't help the child, often hurt the child. We don't talk about -- we think we're bold here when we talk about school tokens and say it's wrong for kids to have to stay home because 289 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 there's no money in the family to pay for the kids to go to school, and we say, ooh, isn't that terrible. And then we fail in a thousand different ways. We continue to fail to even address that one aspect of the problem. Aren't we -- I guess I'm raising this question. Aren't we demanding of the schools impossible achievements? How do you overcome all of the impediments that exist to fair and equitable education for all children unless you deal with all of the other factors. We act as if the only thing that will help educate or not educate a child is what happens in the school, but is that a fair test? I raise that question because I'm getting increasingly disturbed. I don't hear anybody indicate that maybe one of the factors that causes kids in certain neighborhoods not to be interested in school is because the model of employment is the drug dealer, and that would not seem to require school education. And there's so much unemployment. When the statistics come out the unemployment in the minority community is much higher than in the overall population. We know 290 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 how bad the housing is in areas, you know, where income is low. Is it fair, I guess I'm raising, to expect the schools to be able to achieve a quality of education in such a background? And why aren't we also talking about these other issues? Why is the discussion so limited to just what happens in the classroom, as if that's the only thing that impacts on the ability of a child to be educated. In my judgment, sure, the schools are important as a factor, but I don't think it's the only factors that results in the education of the child. Mr. Gentzel, I would ask of you -- you identified yourself as, you know, working in a statewide area in this. Has your group given any thought to that?

Councilman Kenney

Just for one issue of clarity -- and while I don't disagree with you and will certainly await his answer, the scope of the hearing was the discussion between the issues of charter schools and public schools in the process of application and denial. It was very narrowly focused, but certainly that type of 291 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 discussion is germane to it, but it was, so you understand, the resolution was one of a very narrow focus.

Councilman Cohen

I understand.

Councilman Kenney

Okay, thank you.

Mr. Gentzel

Well, I agree completely that there are a lot of variables that affect a student's performance and the ability of a district to react. But let me answer the question quickly in the context of the charter school discussion, which is where you wanted to focus on. We need to look at some of those other factors in terms of how charter schools impact districts because we have some districts that -- one that's on the empowerment list -- actually, there are a couple that are on the empowerment list at the State level that are dealing with very significant budget problems right now and are getting hit with charter applications because of the current funding mechanism that is having dramatic impact on that district's ability to even provide a basic education for students in traditional public schools. So all of those things are important, 292 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 but they do have an effect on the discussion here today as well directly, charter schools.

Councilman Kenney

But I also think a lot of charter school popularity, again as testified today, that there are as many people on the waiting list as there are in some of these individual charter schools, is the total lack of confidence that parents of all economic backgrounds have in the ability of the public school to deliver an education to them, to their kids. And, again, this has been an institution has that's had a monopoly, an absolute monopoly on government educational financing for the past 40, 50 years. I mean, and all of sudden now, well, you know, that there's a competitive force there, it's Well, we don't really want to compete because it's not a fair competition, but something created this need and desire for the competition, and that was the inability or the way in which educational services are being provided through the public schools. I mean, there are people who have just rejected that finally and I think what the charter 293 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 schools do for Philadelphia is that the real response that people who are upset with the educational system have had over the past years 5 or so has been to leave. 6 If this in some way even, if we work 7 out the kinks and work out the issue of funding 8 and expense, if it at least allows them the 9 opportunity to stay here, it's going to serve 10 those poor and needy areas of the City much better 11 than having lost that economic tax base that we're 12 continuing to degrade because of this issue of 13 school choice. 14 I mean, I can understand public school 15 professionals being upset about this particular 16 happenstance that's going on since 1997. But in 17 some ways, there was a total monopoly for all that 18 time. Nobody ever questioned or thought of any 19 other way of doing it, and they still weren't 20 doing it up to the satisfaction of people who, obviously, are now flocking to these charter schools because they feel that it's the only opportunity they have to get a good education for their kids. I mean, they really had no monopoly. The only competition was, people paid private 294 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 money to go to parochial schools, as I am a product of or, or they went to private schools. But for many, many, many years, federal state, and local dollars all went to one group to provide educational resources for our kids and now parents are saying, We don't want that anymore. I mean, it's not like we made them do it. They're voting with their feet and they're voting by flocking to charter schools, that they want an option, that they're not happen with what's going on in public school education in the past 40 years.

Mr. Gentzel

Councilman, I respect your position and I agree with you. To the extent that I think charters schools have injected an element in the public school system, I think, is likely to remain, which is some form of choice. I just want to make sure that it's clear on the record that what we've seen in Philadelphia, we've also seen around the State, which is, these local school boards, and for the reasons -- you might argue intuitively that no 24 school board in this state -- given the funding situation that we have and the way this law is 295 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 structured, no school board in this state would ever have granted a charter. Why would they ever do that? And yet, we have 35 of them here in Philadelphia, we have over 70 of them statewide, most of them granted by school boards. So I would say to you that --

Councilman Kenney

But in fairness to that particular position, if you look at the ones that have been approved, for the most part, they've had, for want of a better term, "political juice" that has gone along with them, that they didn't want to offend anybody who had other decisions to make on other levels of government. So, I mean, when a Dwight Evans or a Vince Fumo or this or that guy decides that they're going to start a charter school, the board may be less likely to say no because they got to deal with them down the road on other issues. So a lot of the successful charter schools -- thank God too. I mean, I don't think that's a bad thing, but a lot of those decisions were made also based on the fact of who were the people promoting them, because the School Board and the City didn't want to wind up at odds with powerful people who 296 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 could hurt them down the road on other areas. So there's an element of that in there too, and I think there may have been an element of that in the last go-around of approvals, frankly, for the last three that were approved. I mean, there was certainly a lot of political juice in those three applications that were approved and the other denied. So that's part of what 10 brought about this hearing in the first place. 11

Mr. Gentzel

Well, I might be dumb but 12 I'm not stupid. I won't try to debate what 13 happens in Philadelphia since I don't propose to 14 know that, but I think the reality is, and I guess 15 the point I want to make is that there are a lot 16 of school officials around the State and I think 17 some who were sitting at this table earlier from 18 the School District who I think genuinely support 19 the concept of charter schools. 20 And we're trying to find a way to make 21 that work in the school system. There may be some 22 within our organization that don't like this concept at all, but they clearly are in the minority, and we'd like to try to find a constructive solution. 297 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

Thank you. Thank you very much. Do you have anything else?

Ms. Reiser

Yeah. I wanted to respond to the Councilman's comments about job opportunities and students who simply don't want to learn. I think that the charter schools are making great strides in these other areas beyond just the classroom. I had the opportunity last week to go out and look at the Charter High School of Architecture and Design. And that's a school that serves students who, in a traditional school, might be deemed the ones who don't want to learn 'cause they think differently. They are the creative types who learn visually. And now they are in a school that, after having a rocky start when they opened, is a very hands-on learning environment that has an extensive mentoring problem. Students are involved with watching their construction and design process of Kimmel, they are taking a college-level course at the University of Pennsylvania in city planning, which is opening up 298 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the possibility that, you know, I might have it within me to go to college. They are mentoring top designers in furniture design, top architects, at the fabric workshop. Charter schools give -- serve the specialized the population, the students who don't necessarily learn well in the other schools and show them those opportunities. There's a student, Antonio, who was made fun of in his public school because he was a creative type, he danced after school. And when (indiscernible) went recruiting for students, they -- he immediately signed up midway through his sophomore year to get out of a somewhat violent school and come into a place where his creativity would be celebrated. He took a summer program at Lehigh University in industrial design, and he's now looking at colleges, preparing his college portfolio because he wants to go into furniture design. And as long as we can come up with a way to solve the financial disincentive that the School District has on charter schools, whether it be by coming up with more of a strategy rather than just scattering charter schools throughout 299 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 the City, but concentrating in areas and then moving on to a new area once we've stabilized and gotten over the feeling that we have to have all of the public schools running in addition to all of the charter schools.

Councilman Kenney

Is that kind of what has been discussed lately through Mr. Gamble and Representative Evans as far as looking at cluster or a region together from a charter standpoint?

Ms. Reiser

Yes, right. And it leads into what you were saying about, like, holding on to this tradition of public schools and not wanting to close them down. And it is sad when you lose any part of your city's history, but if the public schools aren't necessarily working and we can come up with a way to concentrate the charter schools in a given area and close down a school or two if necessary to -- what's going on right now is that charter school students are coming like a few students from each classroom, and the reason why the School District is losing money is because they aren't cutting down their overhead costs. 300 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 They can't get rid of teacher because they've lost two students. But if they lose a grade level to a charter school that's in that area, then we can start making some real make real cutbacks. And that's how the tradeoff is minimized.

Councilman Kenney

Thank you. Please identify yourself for the record.

Ms. Lowman

My name's Jennifer Lowman and I'm a staff attorney with the Education Law Center here in Philadelphia. I appreciate the patience of Council.

Councilman Kenney

We appreciate your patience too.

Ms. Lowman

I appreciate the opportunity to testify in front of Council this afternoon. The Education Law Center is a not-for-profit public-interest law firm that has been located in Philadelphia for the past 22 years, and we represent children and families, 23 including many families in Philadelphia, on issues 24 involving public education. Our mission is to 25 ensure that all children in Pennsylvania have 301 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 access to a quality public education. And a good deal of our work resolves around operating an intake system through which we provide free legal advice to probably close to 6,000 people a year now. We believe that we have a unique perspective on the effectiveness of some of Philadelphia's charter schools because of those calls and those people that we represent through our intake system. I can probably say in all fairness that I have either spoken to or talked to everyone who's on every side of the charter school issue, because our mission is to make sure that all kids have access to quality public education. So we don't have a stand on whether or not we think charter schools are good, bad, or indifferent as far as an educational reform strategy. We want to make sure that if they're out there as public schools, all kids -- and I mean all kids -- get an opportunity to take advantage of those schools.

Councilman Kenney

Is it your contention that they don't?

Ms. Lowman

Yes, it is. 302 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131

Councilman Kenney

And could you elaborate on that contention.

Ms. Lowman

Some charter schools, one that has been mentioned here today actually, has -- in its admissions application, they ask specifically, Do you have a child who has an individualized education program? That means they're asking, Do you have a child who's in special ed.? and that's on the admissions form. That's not a legal question. And what we have been hearing from people is that certain charter schools are basically selecting people out. For example, Harambee says that if you don't take our four-hour parent orientation, you can't even apply to our school. That's not a legal application criteria.

Councilman Kenney

It may not be a legal application criteria. What is your personal opinion on the requirement that Harambee would like to have their parents engage forcibly if necessary in what's good for their kids?

Ms. Lowman

I think it's a wonderful idea. I wish that I --

Councilman Kenney

But you want to try 303 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 to stop it.

Ms. Lowman

No, I want to make sure that it's not used as a mechanism to keep out certain kids who might be difficult for charter schools to serve. Because what we have been experiencing is, we've been getting a lot of phone calls -- and I'm telling you, I'm up to my neck in phone calls from parents in charter schools.

Councilman Kenney

About issues like taking seminars?

Ms. Lowman

Special education.

Councilman Kenney

Like taking a seminar.

Ms. Lowman

Special education is one of them; that's the biggest issue. They say, I go to the charter school, I go to enroll, and I hand them my child's special education documents. A year and a half later, my child has still not been provided with special ed. services in this charter school. I'm not saying shut down charter schools, that's not my message. Our message at the center is that City Council and the Board has to look very carefully at these charter schools that are already in 304 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 existence and the charter schools that are going to apply because those charter schools are not exempt from federal special-education law, they are not exempt from state law that requires schools to take certain procedures before they kick kids out. The other kinds of calls that we get a lot are -- let me just give you an example, 'cause I talked to the charter school operator about this one because I couldn't believe the parent was telling me the truth. We received a phone call from a parent who was told that the charter school that withdrawn her already-enrolled child who had been there for almost a year and had returned the child to their neighborhood public school because no one at the charter school liked their child, and they were glad to see them go. I called the charter-school operator, and she confirmed that yes, indeed, she was very happy that this child was gone. I said, did you provide him with any kind of expulsion proceeding? What did he do for you to remove him? Well, he was annoying, nobody liked him, he was complaining and whined. I mean, these are the 305 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 kinds of calls that we get. Charter schools, I don't think, have an understanding -- or some charter schools don't have an understanding that they have to take and serve all kids.

Councilman Kenney

How many complaints have you received in that regard out of the 6,000 people you serve?

Ms. Lowman

From just Philadelphia, 'cause remember, we're statewide too.

Councilman Kenney

Yeah, Philadelphia charter school complaints about special ed. and discipline.

Ms. Lowman

200, 250.

Councilman Kenney

Out of 14,000 students that are involved in the system?

Ms. Lowman

It's a lot because these are particularly egregious cases. They are cases where kids are just told, Leave, we don't want you here anymore. There are certain charter schools, I will tell you, that are repeat offenders, if you will. And that's why I'm saying that we support efforts, honestly, for the board -- and it's not unprecedented for school boards to take 306 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 close looks at charter-school applicants. In fact, what I've attached to testimony are quality indicators for reviewing charter-school applications that the Charter School Project, actually, at Duquesne University has developed that has been used by the Pittsburgh School Board, which, I think, is a good idea because it's out in the open, actually, and it's not hidden as to what school boards are going to look at when they're going to review charter schools, 'cause I do think it's fair to charter-school applicants; they have to know what it is they're being expected to provide. And I think one of the things is that -- the reason I'm saying this is we get -- those 250 are some of the oddest -- I mean, believe me, we sue the School District of Philadelphia. That's one of the reasons -- you know, that's one of the things I do sort of on a regular basis.

Councilman Kenney

Do you sue them on other issues besides this?

Ms. Lowman

We sue the School District of Philadelphia a lot on special-education issues. You know, it's not that I'm here, you 307 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 know, to necessarily support everything Philadelphia does or the Board does. But I guess my ultimate point is that operating a charter school is not like operating a produce stand. You have got kids' lives at stake, and you better be darn sure that your principal or your chief administrative officer isn't going to disappear on you, 'cause I think we should expect more, quite honestly, from charter schools, I think we should expect more.

Councilman Kenney

Well, I think we should expect more from public schools.

Ms. Lowman

Absolutely, from all public schools.

Councilman Kenney

When kids are raped in the classroom or the hallway or there's violence constantly in the hall and in the classroom, when teachers are assaulted, when staff are assaulted. Have there been lawsuits that you've filed against the School District to make the classrooms of Philadelphia's public schools safe?

Ms. Lowman

We have gotten --

Councilman Kenney

Because, I mean, 308 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 there's -- a lot of what goes on -- a lot of why people are fleeing is because of the inability of the School District to discipline, to remove, to segregate kids who are causing trouble within the school system primarily because of a lot of federal case law that basically ties their hands.

Ms. Lowman

Can't get them out fast enough, yeah.

Councilman Kenney

How would you feel if your child was in a classroom with a child who -- in the public school system who is physically abusive, continually disruptive, was wrecking the environment for learning, and there was nothing that the district could do to remove that kid because they can't be removed? I mean, what do we tell the parents of those students who are in that classroom who want to learn? Basically just put up with it?

Ms. Lowman

We get calls from both parents, okay, and let me tell you what --

Councilman Kenney

Has ELC sued the school system over the lack of ability to maintain discipline and order in the schools?

Ms. Lowman

What we've sued the School 309 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 District over is their lack of ability to provide appropriate services, because a lot of times, those disciplinary problems are caused by kids who are in 9th grade, for example, who are sitting there and can't read. So what they start to do is, they --

Councilman Kenney

Is start raping students.

Ms. Lowman

They start kicking the kid in front of them, then they start acting out, because if you're a 9th-grader and you can't read, what impetus do you have to sit there and participate in class, quite honestly?

Councilman Kenney

Well, that may be one kid out of 33. How about the other 32? Do they have rights to have a decent classroom?

Ms. Lowman

All kids. I mean, that's what our --

Councilman Kenney

Well, that's my point. It's access to a good level of education. However, we'll allow one or two to disrupt the educational opportunities for all.

Ms. Lowman

But it's all kids, and I think what we're seeing with all schools -- and 310 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 there is this zero tolerance, that we need to get them out.

Councilman Kenney

Zero tolerance where, in the public school system?

Ms. Lowman

Oh, yes. Oh, yes.

Councilman Kenney

Well, your belief of what zero tolerance is and mine must be completely different, because moving one kid from one school to another without telling the school what that kid did or what that kid's problems are and putting him right back into another environment so they can be as disruptive in that school as they were in the one they just left to me is not serving that kid, nor the population that that kid comes in contact with.

Ms. Lowman

I think the difficult thing is that there are lots more kids nowadays who are difficult to serve. You know, look, let me tell you.

Councilman Kenney

We used to call them delinquent; now they're difficult to serve. I understand.

Ms. Lowman

Delinquent. Okay, they're a pain in the ass, I'll say it. 311 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 (Unintelligible, parties talking over each other.)

Councilman Kenney

That's even better.

Ms. Lowman

I went to a public school in Pennsylvania. I don't know if you ever had this experience but I sat in a public school cafeteria with a thousand kids and had some kids come up behind me and slap me behind the head, so you can't tell me that I don't know what it's like, okay?

Councilman Kenney

No, I don't disagree with you there. I'm saying what you used to be able to do to that delinquent and what you can do now is, a lot of it's based on the inability of the school district to respond in an appropriate because of case law on the federal level that's kept them from responding.

Ms. Lowman

And my point is that that case law is in there for a good reason, because before we had federal special ed. law, for example, the Individuals With Disabilities Education Act -- and I'm talking --

Councilman Kenney

Could we distinguish -- see, part of the problem with the 312 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 special ed. issue is that -- and I'm, again, not a professional educator, nor am I an advocate or an attorney. But special ed., when I was growing up, were kids problems that had problems reading, hearing, walking, speaking, seeing. They were not necessarily who decided they like to beat people up every day. So in many ways, special ed. kids are more now than they used to be. They used to thugs, now they're special education students. And the difference is that the thugs used to go to Slayton Farms and to Delaware County to Glen Mills and those places where the staff there dealt with them in a physical way. Now I have a teacher who's in a classroom for 14, 15 years, or maybe even or years, who has no ability to do anything to that kid other than to put up with what they do.

Ms. Lowman

And that's our point, this is our point. And one of the things that we've been working for is more equitable financing for all school systems because the reality, I think, as Councilman Cohen said, was that you're getting kids who come from backgrounds that you never got 313 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 kids who come from. You know, the entire family is drug-addicted, they've been living in poverty for many, many years, they've been living in conditions that you and I could never imagine, they've been moving around every other week, living with relatives or friends or, you know, people -- things we could never even begin to imagine their life has been like. So they bring those problems with them to the public school system, and the school system, whether they like it or not, is going to have to deal with the reality of the fact that they've got to somehow address these kids, because we can put 'em in Slayton Farms, we can build more prisons or --

Councilman Kenney

Not prisons. Glen Mills is a beautiful -- I'll tell you what, I've been to Glen Mills and I'd like to go to school at Glen Mills. I wish my school looked like Glen Mills. It's like going to the University of North Carolina.

Ms. Lowman

But my point is that you can either kick them out, you can put them in alternative education settings or you can hand 314 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 them over to the delinquency system or you can try to work with the kids.

Councilman Kenney

Or you can leave them in the classroom where they disrupt everybody's education.

Ms. Lowman

And I'm not saying that's necessarily the best thing to do, but my point is that these charter schools do not -- they see themselves as private schools, a lot of these charter schools, and they're not; they're public schools. And, you know, I am the prototypical middle-class person that you are hoping will stay, continue to be a resident and work in Philadelphia.

Councilman Kenney

Are you a resident of Philadelphia?

Ms. Lowman

Oh, yeah, absolutely.

Councilman Kenney

Okay. Do you have children, if you don't mind my asking?

Ms. Lowman

I do not, but I am of childbearing years. (Laughter.)

Councilman Kenney

No, I was just 315 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 going to ask you where your kids went to school.

Ms. Lowman

And I am deeply committed to public education. I told my husband -- my husband went to Catholic school and I told him there's no way in the world my kid is going to a private school, a Friends school, a Catholic school. If we live, you know, and it's McCall or it's Jenks or it's Henry, wherever it is, that's where they're going. Like it or not, he can find another wife. But I'm deeply committed to public school education. And my point is that all kids, all, and I mean all, the difficult tough kids to serve, because who's going to end up educating those kids if charter schools discourage them from coming, from applying? It's going to be the School District of Philadelphia. And you better be prepared for that. If charter schools aren't encouraged to embrace kids who are difficult, if you will, or who they term to be difficult, then those kids -- because charter schools know there's always an escape valve: you can always go back to your regular public school. If you don't like it, you 316 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 can vote with your feet, but it's really not a vote because, as one operator told me, we don't want you here, we don't like your kid, so you can go back. I mean, the other kinds of examples we've been getting is, we saw a letter from a charter-school operator to certain parents that they needed to find a new school for their child ASAP because they didn't fit the criteria for continued enrollment at the charter school. We refer to that as the weakest-link letter, you are the weakest link, good-bye. So we've also -- we've worked with students who have been just completely kicked out. Not even like a letter to their parents saying, you know, your child did such and such, whatever. They're just told, you know, don't come back. The parents don't know why, they don't what their kid has done, they don't know --

Councilman Kenney

Perhaps if their parents were required to go to the school on a regular basis, they'd know what their kids were doing and it wouldn't be a surprise.

Ms. Lowman

My other point is that all 317 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 charter schools are not created equal.

Councilman Kenney

As a matter of fact, I think if parents were required to go sit in the classroom with their kid who was a troubled person to serve, that maybe they'd see firsthand what it is that their child wreaks on --

Ms. Lowman

My point is that all parents -- all schools are not created equal, 'cause some parents have tried to go to charter schools, some charter schools.

Councilman Kenney

Right.

Ms. Lowman

And the charter schools have called the police on them when they feel like the parents have become too disruptive. And that's what I thought Mr. Skief had to say was that we welcome all parents, I thought that was a good point, because some charter schools only want bake sales.

Councilman Kenney

But Mr. Skief is in violation of the law too, isn't he?

Ms. Lowman

Despite how intelligent, committed and successful he is, he's in violation.

Ms. Lowman

But the problem is, you 318 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 don't know if that's being used to -- like I said, another charter school that sat up here today, a large charter school, does not have one kid with special ed. needs -- learning disability, hearing- impaired, visually impaired. Why is that?

Councilman Kenney

I don't know, I don't know what school it is.

Ms. Lowman

And that's -- one of our points is that, are these schools really open up to all children? I mean, that's what our major concern is. Are they willing and open to serve all children, even ones who might seem different, who might seem problematic. And certainly some are and some are doing an excellent job of it. I mean, that's the thing, is we only obviously hear from people who are having difficulties. But all I can say is that we do support criteria, careful criteria being established for reevaluating charter schools, and I think that it's important that these things are thought through so that charter-school operators know what they're getting into and prospective charter-school applicants know what they're getting to. 319 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 And like I said, it's not unprecedented. I don't know if Philadelphia's had any communication with the Pittsburgh School District, but they've been doing this, they've had very careful oversight.

Councilman Kenney

But the Pittsburgh School District, in all fairness, as a result of recent House investigation, expels three times as many children as the Philadelphia public schools do, with probably about a third of the population. So, I mean, Pittsburgh as a model, Pittsburgh does other things that we refuse to do, and maybe their conditions in their schools are better because they bite the bullet and do what's necessary to remove troubled kids -- not troubled, but disruptive kids from their system.

Ms. Lowman

I think that that's two separate things, quite honestly. And I think one of the reasons why Pittsburgh has taken a more sort of measured look, if you will, or a more open look in the sense that that charter-school applicants know what to expect when they're applying is that there is something out in Pittsburgh called "The Charter Schools Project at 320 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 Duquesne University." That's a free service to all charter-school applicants, which we do not have here in Philadelphia. There is Foundations Technical Assistance Center, but Foundations is not free, it's fee for service, and it's really --

Councilman Kenney

Who pays for the Duquesne project; do you know?

Ms. Lowman

Duquesne went out and got grants, private grants, so that the charter schools in the western part of the state have access to that free.

Councilman Kenney

So a Temple or a Penn or someone may be able to do that.

Ms. Lowman

Potentially, yeah. But that's -- I see that as a void that's missing here in the eastern part of the state, because my colleagues in Pittsburgh say, Well, you know, we have really encouraged the charter schools to work with the charter schools project, and they're willing to do it because they don't have to pay for it. You know, one of the difficulties is that, you know, even though Foundations has a lot to offer folks, they do have to pay for it. One of the other difficulties, which we 321 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 recognize as a real problem, is the economies-of-scale issue. Each charter school is their own little individual school system under the charter school law, and it is difficult when you've got one child who might need physical therapy to go out -- you're not going to get a physical therapist on staff. So one of the things that we've really been trying to work with and, you know, encourage charter schools to do is to come together either as an entity like charter schools in Washington D.C. Have actually done. They've formed a consortium where they pool whatever extra resources they have together and they share services basically. And that's something that the District itself could facilitate. One of the difficulties about the District acting as sort of a competitive service-provider, if you will, for charter schools is that unfortunately, the District itself doesn't have enough service-providers to go around. So, I mean, they could try to -- they could potentially try to do that. I mean, there are a lot of sort of creative ways that charter schools could pool 322 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 their resources. And then the final thing we would urge is that the District and the charter schools together work actually together to encourage Harrisburg, because as everyone -- I think as Mr. Gentzel had stated, it's true actually that Pennsylvania is one of the very few states in which the state itself kicks in no money at all for charter schools, they just don't do it. And in almost every other state where they have charter schools, the state contributes at least some money to the per-pupil expenditure for children who are at charter schools. And then I think one of the difficulties that, you know, that I'd say is that -- one of the difficulties that I've had is trying to encourage the State itself actually to provide more support services for charter schools. They provide some technical assistance. , but actually to help the charter schools find those actual services is something I think the State itself would need to do. Because, like I said, we're not here to condemn charter schools. I know kids who have had 323 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 a lot of really good experiences in charter schools, and their parents come to us 'cause they want their kid to stay in the charter school 'cause they've had some really good experiences. For example, Franklintown, Dr. Waiters, who spoke, we actually represented a child at an expulsion hearing at Franklintown Charter School, who for the first time in his, you know, educational career had finally started to achieve some success for the few months he was at Franklintown, and his mother desperately wanted him to stay, and the board actually voted not to expel him, and he's there and he's learning Spanish and he's doing really, really well. So I wouldn't want you to take away the message that we're anti-charter school. I think what our message is, that we want to make sure that charter schools are able and willing to serve all kids who want to take advantage of what the schools have to offer.

Councilman Kenney

Okay, thank you. No other questions? Thank you very much for your attendance and your patience. This hearing is adjourned. 324 5/1/01 LEG. OVERSIGHT/EDUCATION RES. 010131 (Adjourned 3:55 p.m.) 325 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, May 2, 2001, were reported fully and accurately by me, and that this is a correct transcript of same. RE: JOINT COUNCIL COMMITTEES ON LEGISLATIVE OVERSIGHT AND EDUCATION RES. NO. 010131 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter