OPINION: AB 406 only distracts from the issues in charter schools

On Sept. 8, Gov. Jerry Brown signed a bill that will ban for-profit charter schools in the state of California. While this seems like a step in the right direction, the bill will make little difference and covers up greater problems about charter schools, such as their lack of racial and socioeconomic diversity.

Brown has been a staunch advocate of charter schools, previously avoiding the issue of charter school regulation. California has a reputation as the “Wild West” of privatized education, with the number of charter schools consistently growing even as they were wracked with scandal. Brown’s position as a charter school advocate — he opened two during his time as mayor of Oakland — has caused some to be confused by his decision to break the pattern and sign this supposedly restrictive bill. Upon a closer look at AB 406, however, it is evident that the measure is an ineffective piece of legislation that will do little more than distract from the underlying issues facing the charter school system, such as racial segregation in the charter system.

California has more charter schools than any other state. Overall, its 1,275 charter schools enroll around 630,000 students, according to the California Charter Schools Association. Of this, 35 of the charter schools, serving approximately 25,000 students, are run by five private companies. Although these for-profit companies are the targets of the bill, little operational change can be expected. The bill will not go into effect until July 2019, and gives for-profit schools a five-year grace period to submit their charter for review, re-categorize themselves as nonprofits or create new corporate identities every five years to avoid regulation. It will likely not have any immediate implications on these targeted institutions, as reported in The Washington Post.

Often, charter schools are supported by parents because people perceive them as institutions of educational choice, flexibility and innovation. They are essentially privatized public schools — they receive taxpayer money, but are exempt from many of the rules and regulations that govern traditional public schools. The result of this flexible contract not only allows the schools to make quicker, experimental changes, but also results in opportunistic investors with no educational experience using charter schools to make a quick buck, and charter schools becoming unintentionally segregated.

In December 2017, an Associated Press analysis of nationwide charter school enrollment found that these schools were some of the most racially segregated in the nation. Though they  are technically open to all students who are interested, and sometimes admit students through a lottery system, the racial makeup of the schools end up skewed. Seventeen percent of charter schools had student bodies consisting of 99 percent minority students, compared to 4 percent of traditional public schools in the 2014-15 academic year, according to the National Education Association. Of the 6,747 charter schools nationwide, that is more than 1,000 schools with minority enrollments of at least 99 percent.

Although these schools were intended to help equalize education, minority students have simply been resegregated in charter schools. This is because charter schools tend to be located in inner cities, which is a noble choice for the founders, but is concerning because it means that a large portion of children in America may be learning at institutions that are unregulated and provide subpar education.

High levels of segregation are inextricably linked to wide gaps in educational opportunities. As the AP report states, “levels of segregation correspond with low achievement levels at schools of all kinds.” Educational and life disadvantages and limited opportunities are consistently connected to segregated schools.

Racial segregation in public schools is inherently unconstitutional and unjust.  Since charters are publicly funded, they must adhere to public standards and be regulated to avoid segregation.

While charter schools are not entirely responsible for the issue, their claims that they have no business to deal with segregation is erroneous. By saying it is “unfair to put the burden on charters to pursue integration,” charter schools exempt themselves from getting to the real source of inequity. Since the charter school system and diversity can coexist, there is no need to stifle progress and refuse to make changes.

Charter schools must have greater oversight. They need to restore and enforce diversifying methods such as free transportation, outreach and diversity goals. It is crucial that states strengthen the civil rights and equity policies for their charter schools.

The bill signed by Brown is merely a Band-Aid solution to a much larger wound. To fix the extreme segregation in charter schools, government and charter school leaders must work to create more stringent regulations  of the charter system, as charter schools cannot continue to perpetuate segregation.