Nine and Counting: New Legislation Would Expand Virginia’s Charter Schools. Will Gov. McAuliffe Sign?
Gov. Terry McAuliffe vetoed the charter school bill yesterday, stating that the governance framework is not feasible within the constitutional structure of Virginia. Nina Rees, President of the National Alliance for Public Charter Schools, responded to the veto by expressing concern for students who are trapped in failing schools. Rees vowed to continue fighting for charter school legislation by working with the legislature and the incoming governor. Virginia currently has only nine charter schools, most of which are small and specialized, and do not necessarily serve disadvantaged students. The state’s strong constitutional protections for local control and the perception that traditional public schools are already good have hindered efforts to increase the supply of charter schools. However, a bill on Gov. McAuliffe’s desk aims to create regional authorizing commissions to allow more charter schools in areas with the lowest-performing schools. The bill specifies that only districts with more than 3,000 students, where at least one district school has been denied accreditation for two of the last three years, would be eligible for regional authorizing commissions. Charter schools authorized under this bill would receive state funding only, without any local tax dollars. Most districts that meet the criteria for inclusion in this bill are located in southeastern Virginia and primarily serve children of color. Virginia currently lacks incentives for charter school growth, with only nine charter schools compared to neighboring states such as North Carolina, Maryland, and Washington, D.C., which have significantly more charter schools. Virginia’s state constitution gives local school districts complete authority, making them the sole charter authorizers in the state. This puts local school boards in the position to authorize new charter schools, despite the fact that they would be direct competitors. Virginia’s charter school laws have also been criticized for their lack of accountability and autonomy. As a result, national charter school operators have not been interested in expanding into Virginia.
"I believe this is another compelling reason to pass this type of legislation. It would… attract reputable organizations that have demonstrated success with students who are currently struggling," he expressed.
There hasn’t been a significant movement to advocate for a larger expansion of charter schools.
To begin with, there is a perception that schools in Virginia are already of high quality, so there is no need for another option. In Education Week’s annual Quality Counts report, which evaluates states based on school finance, student achievement, and long-term potential for success, Virginia received a grade of C+, positioning it at No. 14 among the 50 states and Washington, D.C.
The state’s high school graduation rate for the 2014-2015 academic year was 85.7 percent, surpassing the national average of 83 percent. Furthermore, Virginia performed exceptionally well on the benchmark NAEP tests in fourth and eighth-grade math and reading, ranking within the top 15 states.
Gerard Robinson, who served as Virginia’s education secretary from 2010 to 2011, dismissed the idea that charters are unnecessary because district schools are performing well. He pointed out that even Massachusetts, consistently regarded as the top-ranked state in education, has charter schools.
"At some point, frankly, it becomes a mere excuse and a catchy phrase to avoid comprehensive accountability," he stated.
In reality, high-performing schools are not widespread. During the 2015-2016 academic year, only 17 out of 44 schools in Richmond were deemed "fully accredited." The others either had their accreditation denied or were warned about the possibility of losing it due to underperformance. Richmond’s high school graduation rate stands at 80.5 percent, with 58 percent of students passing state math tests and 60 percent passing state reading tests.
Virginia also has a troubling and relatively recent history of school segregation. Following the Supreme Court’s mandate for nationwide desegregation after Brown v. Board of Education, Virginia legislators implemented a policy of "massive resistance." Many county school leaders chose to shut down their public schools and, in many cases, funded segregated private schools for white students rather than integrate. Black children either lived with relatives in areas where schools remained open, received education in loosely organized "free schools," or, more commonly, were deprived of education altogether for several years.
This fear of a separate system continues to persist.
"A whole generation of people heard the term ‘charter schools’ and immediately thought, ‘Oh, we don’t want that anymore,’" Braunlich expressed.
Robinson, who currently serves as a resident fellow at the American Enterprise Institute, worked towards passing a law that required the state education board to review charter applications first. This approach helped position charters as part of the public school choice system, alongside established options such as magnet schools and governor’s schools. The latter are 19 regional programs serving gifted students, focusing on fields such as arts, science, technology, and other subjects.
This approach helps to move beyond the outdated argument that charter schools perpetuate segregation academies," he remarked.
However, without a united front of parents advocating for better schools, particularly parents of color, achieving a more extensive charter school law will be challenging, Braunlich noted.
"Until we persuade parents of children attending these low-income schools, who are predominantly parents of color, that this isn’t some form of deception… until they mobilize and make it clear to their elected officials, ‘Hey, you are here to represent us, not the school system,’ the path forward will remain difficult," Braunlich explained.
Now the decision lies with Governor McAuliffe.
Nationally, Democrats, including prominent figures like Barack Obama and Hillary Clinton, have shown support for charter schools. However, this is not the case in Virginia.
No Democratic officials voted in favor of the most recent bill in the state House, which passed with a vote of 55-42. In the Senate, the bill narrowly passed with a one-vote margin of 21-19. Democratic Senator John Chapman "Chap" Petersen, who represents the D.C. suburb of Fairfax, voted in favor. He had previously served as an attorney for two proposed charter schools, both of which were never approved by the local school board.
The Washington Post’s editorial page, known for its left-leaning stance, urged Governor McAuliffe to sign the bill, emphasizing that no action has been taken to address persistently failing schools like those that would be targeted by the charter school bill.
Politics looms heavily over this matter, as it always does.
Due to state law limitations, McAuliffe is restricted to serving only one term as governor. However, his decision regarding this bill could have an impact on the upcoming race for his successor. If he signs the bill, it could weaken the Republican party’s claim of being more invested in improving education and attracting moderate voters. On the other hand, signing the bill could also provoke the disapproval of the state’s teachers union and school leaders. While politically active, these groups are not particularly wealthy, as Virginia is a right-to-work state.
McAuliffe has until March 27 to make a decision on the bill. He has the option to either sign it, veto it, send it back to the legislature with amendments, or allow it to become law without taking any action.
A spokesperson for McAuliffe mentioned that the bill is currently being reviewed, but there is no further update at this time.
In early April, legislators will reconvene to address the governor’s vetoes and any amendments made to bills. However, supporters in both chambers are lacking the two-thirds majority required to override McAuliffe’s veto, if he chooses to veto the bill.
