Let’s Ask the Right Question

Opportunity

The Associated Press recently published an article called, “US charter schools put growing numbers in racial isolation” (11/3/2017) that draws from an their own study of national enrollment data. Armed with their own analysis, they concluded that about 1,000 charter schools across the country serve super-majorities of students who either identify as African American or Hispanic. This has spun off myriad points and counterpoints. But I can’t help but wonder, are we asking the right questions?


This is how several people responded to the article and the allegation that charter schools put a growing number of children in racial isolation.

Shavar Jeffries, Democrats for Education Reform – Mr. Jeffries published a statement that said the AP had missed an opportunity to talk about segregated cities and instead blamed charter schools for an old systemic problem. Additionally, Mr. Jeffries rejects the notion that African American and Hispanic children can only learn when they attend school with White children.

Robin Lake, Center on Reinventing Public Education – Dr. Lake wrote an opinion piece that called the analysis flawed and revisited other attempts from the past two decades to associate segregation and charter schools. It’s ridiculous and irresponsible, she says, to blame charter schools for systemic segregation. She urges the media to “stop with the paternalism that passes judgment on their choices based on the idea that an all-Black or all-Hispanic will necessarily be bad for their children.”

National Alliance for Public Charter Schools – NAPCS released a statement reiterating that charter schools in urban areas are working, according to research from 2015 study by CREDO at Stanford University. Furthermore, while opinions about charter schools are welcome, the most important opinions are those held by the growing number of families who have chosen to send their children to charter schools.

Sonia Park, Diverse Charter Schools Coalition – In anticipation of the AP story, Sonia Park published an opinion rejecting the notion that charter schools further segregation outright. She claims that the misguided effort to associate charters and segregation is a highly coordinated effort led by Randi Weingarten, the AFT and the NAACP to discredit any school that disrupts the status quo.

Arianna Prothero, EdWeek Blog – Ms. Prothero wrote a summary of the original AP article and documented the Twitter responses of Howard Fuller and Joe Nathan. She highlights the efforts of some charter schools to be increasingly and intentionally diverse.

Jeanne Allen, Center for Education Reform – Ms. Allen broadcast an email calling for pushback on the AP report.


I was struck by some of the strong wording in the responses from many educational reformers, specifically those of Robin Lake who claimed it was ridiculous and irresponsible to blame charter schools for systemic segregation. After studying charter school statutes for the last few years, I thought there might actually be a legal argument to support Robin’s claim. So I quickly reviewed all 45 charter school statutes last week. Here’s what I found.

  1. Only one state allows charter schools to admit students based on aptitude.
  2. At least 43 states allow for lotteries when there is more demand for the charter than capacity.
  3. At least 41 explicitly ensure that any age appropriate, neighborhood student would be enrolled as long as there is space; and
  4. In at least 37 states, statute explicitly requires charters to follow federal civil rights law, including the requirement to not discriminate based on race.

From this basic, factual information, we can make the following straight-forward observations:

I can’t help but wonder if the AP, a reputable journalistic organization known for asking good questions, is actually asking the wrong questions. Since we know that correlation and causation are not the same, and since we know that charter schools don’t choose families rather families choose charter schools then perhaps we should be asking families why and how they make educational decisions?

And that’s exactly what a group of organizations have done this year. ChoicesInEd.org has called for people from all over the US to share their stories to answer this very question. Visit the website now to see for yourself.

State Charter School Statutes

Check out your state’s charter school statute, specifically the statutes related to enrollment and non-discrimination.

State Charter Schools StatuteCitations
Alabama Charter Schools StatuteEnrollment Alabama Code Title 16. Education § 16-6F-5(a)Non-discrimination Alabama Code Title 16. Education § 16-6F-9(c)
Alaska Charter Schools StatuteEnrollment AK Stat § 14.03.265
Arizona Charter Schools StatuteEnrollment AZ Stat §15-184(A)Non-discrimination AZ Stat §15-184(F)
Arkansas Charter Schools StatuteProhibition to interfere in desegregation efforts. AR Code Title 6. Education §6-23-106(c)Enrollment AR Code Title 6. Education §6-23-306(6)
California Charter School StatuteEnrollment CA Code Education Title 2, Division 4, Part 26.8 §47605(d)Non-discrimination CA Code Education Title 2, Division 4, Part 26.8 §47605(d)
Colorado Charter Schools Statute Enrollment CO Statute §22-30.5-104(3)Non-discrimination CO Statute §22-30.5-104(1)
Connecticut Charter School StatutesEnrollment and Non-discrimination CT Gen Stat § 10-66bb(d) (2015)
Delaware Charter Schools StatuteEnrollment & Non-discrimination DE Code Title 14 § 506(a)
District of Columbia Charter Schools StatuteEnrollment & Non-discrimination DC Official Code § 38-1802.06
Florida Charter Schools StatuteEnrollment FL Code Title 48 Education § 1002.33(9)(b) and FL Code Title 48 Education § 1002.33(10)Non-discrimination FL Code Title 48 Education § 1002.33(9)(f) and FL Code Title 48 Education § 1000.05(b)
Georgia Charter Schools Act of 1998Enrollment GA Code Title 20 Education §20-2-2066Non-discrimination GA Code Title 20 Education §20-2-2065(b)(5)
Hawaii Charter Schools StatuteEnrollment & Non-discrimination HI Rev Stat § 302D-34 (2016)
Idaho Charter Schools StatuteEnrollment ID Code § 33-5205 (2016)
Illinois Charter Schools StatuteDesegregation Illinois Statutes Chapter 105. Schools § 5/27A-4Enrollment Illinois Statutes Chapter 105. Schools § 5/27A-4
Indiana Charter Schools StatuteEnrollment & Non-discrimination IC 20-24-5-1 and IC 20-24-5-4
Iowa Charter Schools StatuteEnrollment & Non-discrimination Title 7 Education and Cultural Affairs §256F.4 General Operating Requirements
Kansas Charter Schools StatuteEnrollment Kansas Statute § 72-1906
Kentucky Charter Schools StatuteEnrollment & Non-discrimination Kentucky Statute § 160.1592(q)
Louisiana Charter Schools StatuteEnrollment Louisiana Title 28 § 2705(B)Non-discrimination Louisiana Title 28 § 2107(I)
Maine Charter Schools StatuteEnrollment Maine Code Title 20-A, Part 2, Chapter 112 §2404Non-discrimination Maine Code Title 20-A, Part 2, Chapter 112 §2404
Maryland Charter Schools StatuteEnrollment Maryland Code, Education §9-102Non-discrimination Maryland Code, Education §9-106
Massachusetts Charter Schools StatuteEnrollment Massachusetts Statute Title 12, Chapter 71, Section 89 (m)Non-discrimination Massachusetts Statute Title 12, Chapter 71, Section 89 (e)
Michigan Charter Schools StatuteDesegregation MI The Revised School Code §380.504bEnrollment & Non-discrimination MI The Revised School Code §380.504
Minnesota Charter Schools StatuteEnrollment Minnesota Education Code §124E.11Non-discrimination Minnesota Education Code §124E.06
Mississippi Charter Schools StatuteEnrollment Mississippi Code Title 37. Education § 37-28-23Non-discrimination Mississippi Code Title 37. Education § 37-28-23
Missouri Charter Schools StatuteEnrollment MO Statute Title XI §160.410Non-discrimination MO Statute Title XI §160.410
Nevada Charter Schools StatuteEnrollment & Non-discrimination NRS 388A.453
New Hampshire Charter Schools StatuteEnrollment New Hampshire Title XV § 194-B:2 and New Hampshire Title XV § 194-B:9
New Jersey Charter Schools StatuteEnrollment & Non-discrimination New Jersey Statute 18A:36A-7
New Mexico Charter Schools StatuteEnrollment NM Stat § 22-8B-4.1 (2016)Non-discrimination NM Stat § 22-8B-4 (2016)
New York Charter Schools Statute Enrollment New York Consolidated Laws, Education Law – EDN § 2854(2)Non-discrimination New York Consolidated Laws, Education Law – EDN § 2854(2)
North Carolina Charter Schools StatuteEnrollment North Carolina Statute § 115C-218.45Non-discrimination North Carolina Statute § 115C-218.45
Ohio Charter Schools StatuteEnrollment & Non-discrimination Ohio Education Code §3314.06
Oklahoma Charter Schools StatuteEnrollment & Non-discrimination 70 O.S. § 3-140
Oregon Charter Schools StatuteEnrollment & Non-discrimination Oregon Statute §338.125
Pennsylvania Charter Schools StatuteEnrollment & Non-discrimination Pennsylvania Statute §1723-A
Rhode Island Charter Schools StatuteEnrollment Rhode Island Statute § 16-77.3-1
South Carolina Charter Schools StatuteEnrollment & Non-discrimination South Carolina Statute §59-40-50(7)
Tennessee Charter Schools StatuteEnrollment TN Code § 49-13-113 (2016)Non-discrimination TN Code § 49-13-105 (2016)
Texas Charter Schools StatuteEnrollment Texas Statute §12.117Non-discrimination Texas Statute §12.059 and Texas Statute §12.111
Utah Charter Schools StatuteEnrollment Utah Statute 53A-1a-506Non-discrimination Utah Statute 53A-1a-507
Virginia Charter Schools StatuteEnrollment Virginia Statute § 22.1-212.6Non-discrimination Virginia Statute § 22.1-212.6
Washington State Charter Schools StatuteEnrollment Washington Statute RCW 28A.710.050Non-discrimination Washington Statute RCW 28A.710.040
Wisconsin Charter Schools StatuteEnrollment & Non-discrimination Wisconsin Statute §118.38 and Wisconsin Statute §118.13
Wyoming Charter Schools StatuteEnrollment & Non-discrimination WY Stat § 21-3-304 (2016)

Solution Areas:

Private Education Choice

Topics:

Charter Schools

About the Author

Sam Duell is the Policy Director for Charter Schools at ExcelinEd.

Solution Areas:

Private Education Choice, Public Education Choice