by Karel Kilimnik
During this difficult time, when it seems like the earth has opened up under our feet, the Board must be especially mindful of its leadership roles as government officials overseeing a $3 billion budget. In times of crisis, there is often pressure to bypass rules in the name of “flexibility”. While some expediency may be called for, more important is maintaining democratic structures and public trust. Last month, the Board approved a last-minute Item that ceded some of its own powers to Superintendent Hite, granting him the authority to spend up to $15 million on contracts needed to deal with the COVID-19 crisis. The Item appears on the April 30 agenda for renewal. Kudos to Dr. Hite for instructing Chief of Staff Naomi Wyatt to recommend, at the April 23 joint committee meeting, that the Board not renew. APPS stated its strong objection to this action, and we support its elimination.
The ongoing economic collapse portends serious budget problems for the District. Revenues from the Philadelphia Parking Authority (PPA), Rideshare tax, liquor-by-the-drink tax, and others will take a dive. For many, memories of the 2013-14 Doomsday Budget linger. The School Reform Commission approved a budget that temporarily eliminated secretaries, assistant principals, counselors, certified librarians, extra-curricular activities including sports, most support staff, music and art, and new books.
Dr. Hite and the Board have urged the public to contact state representatives and Governor Wolf to ensure that the state education budget remains intact; if not, the federal government would lend some assistance but would not provide the same level of funding. The District has put a freeze on hiring central office staff, and Dr. Hite has also stated that his Administration is “reviewing and prioritizing all Action Items and contracts”. That review should include all unnecessary contracts including those for outsourced professional development from companies such as TFA, Jounce and others. Given the impending budget crisis, no charter school amendments for increased enrollment should be approved. This month’s agenda includes two: Laboratory Charter School of Communication and Languages and Community Academy of Philadelphia Charter School. As we stated in our March 24 letter to the Board, “We have also asked that all non-essential Items be withdrawn for now, and that each Item Description include a sentence explaining why it is essential and must be voted on this month.“
During this crisis the District must fund only absolutely essential contracts. Item 53 (Ratification of Contracts with Various Vendors – Printing Services for Learning Resources During School Closure) is one example of questionable necessity at this time. The Board must explain why the cost of the services listed in Item 33, Amendment of Contracts with Various Vendors for General Maintenance Services ($12,700,000), has increased sixfold from the original contracts approved two years ago.
The Fund for the School District of Philadelphia has accepted a donation from several individuals including Comcast founding family members Brian and Aileen Roberts which it now passes on to the District via Action Item 60. Questions have been raised by community members in this venue and in City Council about whether Comcast has honored its commitment, made as part of its license renewal, to make sure that low-income families have internet access. The Internet Essentials plan came under heavy criticism during the 2015 Council hearings. The other question is whether money for schools should be funneled through a separate charitable organization. There are a number of reasons, too many to go into here, but one problem is that this kind of operation perpetuates the idea of schools as charities, not public institutions to be supported by adequate tax dollars. Chris McGinley told Board members at the Committee meeting that now is not the time for the District to continue paying for the Fund’s administrative costs. District stakeholders including APPS do not want tax dollars supporting an organization whose meetings about public school funding are closed to the public. But the most important reason for denying this $600,000 contract is that the only group of people making decisions about school funding is the Board of Education itself.
What If…
…the Board decided to expand Descriptions of each Action Item so that specific information was included, including details of contracts, and stipulated that the Item was indeed essential.
May Board of Education Action Meeting: Thursday May 28, 4 PM at 440 N. Broad Street. Check the Board website for updated information on how to sign up to testify and how testimony will be given.
Action Items of Note
The full Action Item Summary can be found here https://www.philasd.org/schoolboard/meetingmaterials/
Item 1: Resolution of the Board of Education of the School District of Philadelphia and Board of Directors of Intermediate Unit 26 (Extension)
The Board of Education, in response to Governor Wolf’s Proclamation of Disaster Emergency due to COVID-19 and the President’s declaration of a national state of emergency, approved Action Item No. 55 at its regularly scheduled public meeting on March 26, 2020, which authorized the Superintendent of the School District, including in his capacity as Executive Director of IU-26 to take action, including but not limited to the expenditure of money, entering into contracts, and suspension of Board policies, in furtherance of School District operations and the best interests of children, during, as part of, and necessitated by School District, city, state, and federal COVID-19 response efforts.Citing that the city, state, and national of emergency due to COVID-19 still exists, The Board of Education will vote at its next regularly scheduled public meeting on April 23, 2020 to extend the actions of Item No. 55 through May 31, 2020.
*Final Action Item No. 55, approved March 26, 2020 attached.
Office Originating Request: Board of Education
APPS Analysis: We expect that the Board will accept Dr. Hite’s recommendation and vote No on this Item, an extension of the March action that gave Dr. Hite extensive power in decisions around expenditures, entering into contracts, and suspension of Board policies. As Lisa Haver pointed out in her Notebook commentary: “If a situation arises in which Hite must take quick action and for some reason is bound by established policies, the board can call an emergency meeting with just 24 hours of public notice. In fact, it is now even easier to do so because members do not have to travel to District headquarters. Phone lines and live-stream equipment can be used.”
Item 2: Resolution Calling for Charter School Funding Reform by the Board of Education of the Philadelphia School District
Whereas, the average Pennsylvania school district spends millions of dollars in taxpayer money annually in mandatory payments to brick-and-mortar and cyber charter school; and these payments are calculated in a manner which requires districts to send more money to charter schools than is needed to operate their programs and places a significant financial burden on districts’ resources and taxpayers; and Whereas, the current charter school funding formula was established in 1997 under the state’s Charter School Law and has not been changed in the 23 years since it was first created; and the formula for regular education programs is unfair because it is based on a school district’s expenditures and not what it actually costs to educate a child in the charter school; and Whereas, because the tuition rate calculations are based on the school district’s expenses, they create wide discrepancies in the amount if tuition paid by different districts for the same charter school education and result in drastic overpayments to charter schools; and these discrepancies in tuition rates for regular education students can vary by almost $13,000 per student and by $39,000 for special education students; and Whereas, the latest data from the PA Department of Education (PDE) shows that in 2017-18 total charter school tuition payments (cyber and brick-and-mortar) were more than $1.8 billon, with $519 million of that total paid by districts for tuition to cyber charter schools; and Whereas, further analysis of PDE data shows that in 2014-15, school districts paid charter schools more than $100 million for special education services in excess of what charter schools reported spending on special education; and Whereas, the costs of charter schools for school districts continue to grow significantly each year; and on a statewide basis are the most identified source of pressure on school district budgets; and Whereas, the need for significant charter school funding reform is urgent; and school districts are struggling to keep up with growing charter costs and are forced to raise taxes and cut staffing, programs and services for their own students in order to pay millions of dollars to charter schools;
Now, Therefore Be it Resolved, that the Philadelphia School District School Board calls upon the general Assembly to meaningfully revise the existing flawed charter school funding systems for regular and special education to ensure that school districts and taxpayers are no longer overpaying these schools or reimbursing for costs the charter schools do not incur. We along with the school boards across Pennsylvania are advocating for substantial change.
APPS Analysis: This Item was withdrawn from the March Action Meeting at the last minute. The Board should speak in one voice about the need for charter reform. The pandemic has created economic havoc as unemployment soars and businesses close. School district budgets will be taking a beating. Charter school allotments remain the fastest growing District budget item. The Board will be facing calls for budget cuts in public schools. That can’t happen until sky-high administrative salaries, special-education subsidies, and other charter spending are reined in.
Item 3: Adoption of Employee Discipline Hearings, and Charter Non-Renewal and Revocation Hearing Regulations (Pending – Updated 4.14.20)
A Resolution of the Board of Education (“Board”) of the School District of Philadelphia (“School District”), pursuant to its power under the Public School Code, the Local Agency Law, and Board Policy 002, to adopt Regulations Governing Employee Discipline Hearings and Regulations Governing Charter Non-Renewal and Revocation Hearings, which regulations may be updated periodically, shall be referenced in and/or attached to any applicable notice of hearings, and will be publicly posted under Board Policy 002 on the Board of Education website.
APPS Analysis: We consulted Rich Migliore–APPS member, attorney, retired District teacher and administrator–for his opinion here. Many remember how Rich’s representation of teacher Marianne Kennedy in 2017 saved her job, her career and her reputation.
Since then Rich has represented several District staff members facing disciplinary action and has become an expert in these procedures. Rich writes:
“This Item, which seeks to make new regulations for disciplinary hearings, needs more public input and research. The proposed regulations for disciplinary hearings are problematic. The promulgation of regulations is subject to an extensive “regulatory process.” Drexel University Law School has a website which explains the detailed process.
The proposed regulations pertaining to disciplinary meetings are problematic and will open a Pandora’s Box of legal issues which will likely cause much litigation.
The School Code governs the procedures for the dismissal and suspension of tenured professional employees. These regulations are not in accord with the procedural safeguards of the School Code and much of the case law precedents which explain the procedures that the Board must comply with. The Pennsylvania Rules of Evidence and extensive case law govern the admission of evidence in administrative hearings. The Pennsylvania Code of Administrative Procedure already provides for the procedures which must be followed including those on discovery and stipulations. A blanket regulation like “no right to discovery” is problematic. A teacher or other employee is entitled to copies of any videos, serious incident reports or pertinent records of the District. Section 11-1127 of the School Code explicitly states that the hearing may be postponed, adjourned or continued so the hearing cannot automatically be limited to one day by the Board. The length of hearing provision of one day in Section 307 of the Board’s proposed regulation is contradictory, and a hearing officer may need to continue the hearing to a second day for several reasons which may arise. Cross-examination is a fundamental right of any party and the language in Section 306 of the proposed regulations which limits cross-examination would likely fail upon a legal challenge.”
This is definitely not essential business. The existing rules have been working and should remain in place.
Charter Business: Renewals, Non-Renewals, Expansions
The Board should certainly pass the resolution calling for reform in the PA Charter Law. That is the least they can do. The most they can do is take responsibility for their role in enabling the expansion and funding of substandard charter schools. There are six 5-year charter renewals on this agenda. (There are actually more in this year’s cohort, but KIPP and Mastery have not signed agreements yet.) All charter renewal agreements are negotiated in private meetings with the charter operators who claim to be operating public schools.
Of the six renewal Items, four have been recommended for renewal. Not one of the four meets standards in all categories–academic, organization, and financial. Community Academy, for example, fails to meet standards in any of the categories in its elementary school. Their CEO, per most recent federal tax information, was paid $227, 327 in annual salary and compensation in 2018 to manage this one school (Dr. Hite makes $311,000 to manage the entire District of 210 schools). This is just one example. APPS members have testified about the exorbitant salaries of charter CEOs many times. In addition, the CSO attaches conditions to some recommendations. The former CSO Director stated for the record that conditions are not enforceable and that there are no consequences for not following them. The Board needs to stop misrepresenting these renewal agreements and admit that conditions are little more than suggestions. In addition,. charter renewals are high-ticket items, but the costs are never included in the Items. In fact, charter Items are the only ones that omit the costs to the District. APPS members have asked repeatedly that the charter costs be publicly posted as all other vendor costs are, to no avail. APPS has calculated the estimated costs of the four recommended renewals based on this year’s budget, although charter allotments increase every year.
Imhotep $ 7, 401, 019/yr x 5 yrs = $37, 005,095
Community Academy 17, 195, 576 85, 977880
Northwood Academy 9, 943, 225 9,716,125
People for People 7, 944, 586 39,722,930
TOTAL: $212, 422, 230 over 5 years (not including expansions)
Item 4: Laboratory Charter School of Communication and Languages – Request for Charter Amendment (Pending)
Description: Laboratory Charter School of Communication and Languages, a K-8 charter school with an authorized enrollment of 1,075 students, has requested an amendment to its charter to move from three campuses (5901 Woodbine Avenue, 5339 Lebanon Avenue, and 800 N. Orianna Street) to 3300 Henry Avenue as a 6-8 campus with 475 students and to 926 Sedgley Avenue as a K-5 campus with 600 students, effective for the 2020-2021 school year. An evaluation of this amendment request has been completed by the Charter Schools Office (Amendment Evaluation Report). The CSO has recommended that the Board of Education grant this amendment request. The Board of Education will consider this amendment request.
APPS Analysis: Board approval of any amendment allowing enrollment increase foreshadows a plan to slash public school funding while actively enabling charter overspending. Laboratory Charter may need an increase in its student population to bolster its bottom line, but it is not the Board’s job to provide it, as members of the East Falls community told the Board last week. Several years ago Laboratory Charter requested an amendment to relocate all of its campuses to 3300 Henry Avenue; the SRC denied, citing the lack of community engagement prior to the request. “Community engagement” in this case, though, doesn’t mean the community the school wants to move into–the charter law gives them no say in the matter. The law means the charter school has to consult with its own community. East Falls neighbors, including Mifflin Elementary parents, have spoken against this amendment for many months, raising concerns about traffic and congestion, as well as the threat to local public schools. The Board should defend its public schools and deny this amendment.
Item 5: Community Academy of Philadelphia Charter School – Application for Charter Renewal (Pending)
Renewal Term: July 1, 2020 to June 30, 2025
Amendment: Increase to the charter school’s maximum authorized enrollment (1,220 to 1,320)
Description: Community Academy of Philadelphia Charter School applied for renewal of its charter in the 2019-20 school year. A renewal evaluation of this charter school was completed by the Charter Schools Office in 2019-20 and the latest Annual Charter Evaluation with renewal recommendation was completed in 2020 (ACE-R – Renewal Recommendation). The CSO has recommended a five-year renewal, effective July 1, 2020. The renewal includes a condition requiring the charter school to submit a lease for its facility that has been approved by a majority of the disinterested board members from the charter school’s Board of Trustees and its landlord’s Board of Directors. The renewal includes an increase to the maximum authorized enrollment (Amendment Report). The Board of Education will consider this application for charter renewal.
APPS Analysis: Hidden in this renewal agreement is an amendment for enrollment increase, which the Board’s Charter Schools Office is recommending the Board approve. Passage of this amendment means higher costs to the District, including stranded costs.
Item 6: Northwood Academy Charter School – Application for Charter Renewal (Pending)
Renewal Term: July 1, 2020 to June 30, 2025
Amendment: None
Description: Northwood Academy Charter School applied for renewal of its charter in the 2019-20 school year. A renewal evaluation of this charter school was completed by the Charter Schools Office in 2019-20 and the latest Annual Charter Evaluation with renewal recommendation was completed in 2020 (ACE-R – Renewal Recommendation). The CSO has recommended a five-year renewal, effective July 1, 2020. The renewal includes conditions requiring the charter school: 1) to improve its process for ensuring all enrollment data and information provided to the School District is accurate and consistent with information contained within the charter school’s pwn student information systems; 2) to develop and implement an updated truancy elimination policy; and 3) to ensure that the Board of Trustees updates its policies to ensure adherence to the Sunshine Act with regards to public participation in public meetings. The Board of Education will consider this application for charter renewal.
APPS Analysis: Missing from any conditions proposed for a charter school is accountability. Where is the timeline? Who will be responsible for assuring that these conditions are met in a timely fashion? There is minimal information in this briefest of description of these three conditions. Why? Again, because the District does not actually enforce charter conditions. There is also the double standard of allowing charters to negotiate favorable renewal agreements, despite substandard performance, while District schools are simply closed with little regard for what the wishes of the community. At the Joint Committee meeting last Thursday, Chief of Charter Schools Cristina Grant acknowledged that two of the three conditions her office had previously negotiated with Northwood Academy (she did not specify which ones, nor did the Board ask) have been met. That did not stop her, however, from recommending renewal.
Item 7: People for People Charter School – Application for Charter Renewal (Pending)
Renewal Term: July 1, 2020 to June 30, 2025
Description: People for People Charter School applied for renewal of its charter in the 2019-20 school year. A renewal evaluation of this charter school was completed by the Charter Schools Office in 2019-20 and the latest Annual Charter Evaluation with renewal recommendation was completed in 2020 (ACE-R – Renewal Recommendation). The CSO has recommended a five-year renewal, effective July 1, 2020. The renewal includes conditions related to the charter school: 1) truncation of a grade span from K-12 to K-8 by the 2022-23 school year; 2) targets for academic improvement in math, ELA, and science; 3) strict requirements that the charter school many only operate at its authorized facility; 4) required improvements to operational and safety systems; and 5) required improvements to the overall financial health and fiscal management of the charter school. The Board of Education will consider this application for charter renewal.
APPS Analysis: APPS has heard from a number of people, both currently and previously affiliated with PFP, over the years. Lisa Haver has followed People for People, writing about the school and their bids for expansion. She writes:
“Under SRC rule, the People for People organization has been able to operate and expand since it opened in 2001. The CSO recommended renewal for the school every five years, including the most recent in 2015, despite failure to meet standards in most major categories, including falling academic ratings and a 22% out-of-school suspension rate. In 2013, the SRC granted an amendment, with no public hearing, to add a high school to its K-8. Anecdotal reports indicated that several teachers were fired without cause in one year alone. Lack of oversight has led to questions about whether taxpayer funds were used to fund other parts of the Herbert Lusk network of businesses and non-profits, including the Greater Exodus Baptist Church. But those halcyon days may be ending for People for People. In 2018, the Board of Education denied the organization’s bid for a second high school. The Board cited several inadequacies in the application itself, including budgetary, academic, and organizational concerns, along with a number of conflicts of interest for both current and nominated board members.”
A Public School Notebook article on the school’s application bid reported that in 2014
‘…Lusk was forced by the District to step down as CEO of People for People Charter, a K-12 school with 540 students, due to the circular leases and contracts that he established with other nonprofits that he controls, often signing both sides of the contracts and leases. Those contracts have remained in place.’
This month, the Board will be voting whether to mandate that People for People, as part of its five-year renewal, phase out its high school, a rare occurrence in the District. The Item states that the CSO has recommended renewal with conditions including academic improvements in all core subjects, ‘strict requirements’ that the school operate only at its authorized facility, and improvements to the overall financial health and fiscal management of the school. Has PFP been sending students to another facility in the Lusk/Great Exodus network? The Item does not indicate how the District would enforce these conditions, as there have never been any consequences for ignoring them before. As APPS has said repeatedly in letters to the Board and in testimony, there must be some public oversight of charter renewals and an end to the private negotiations for schools which the District, in every other respect, deems to be public schools. The Board must explain at the Action meeting how these terms will be enforced and what will happen if PFP refuses to comply.”
Item 57: Imhotep Institute Charter High School – Application for Charter Renewal (Pending – Added 4.17.20)
Renewal Term: July 1, 2020 to June 30, 2025
Description: Imhotep Institute Charter High School applied for renewal of its charter in the 2019-20 school year. A renewal evaluation of this charter school was completed by the Charter Schools Office in 2019-20 and the latest Annual Charter Evaluation with renewal recommendation was completed in 2020 (ACE-R – Renewal Recommendation). The CSO has recommended a five-year renewal, effective July 1, 2020. The renewal includes a condition requiring the charter school to provide: i) copies of all documents evidencing and related to the refinancing of loans related to the charter school’s facility (“Loan Refinancing”), including any and all mortgages and other debt obligation documents signed by the charter school; and (ii) an affidavit setting forth all financial and non-financial covenants for the charter school applicable to the Loan Refinancing. The Board of Education will consider this application for charter renewal.
APPS Analysis: Imhotep does not meet standards in any of the three major categories, yet the CSO has recommended renewal. Financial conditions are being applied to this charter school as well. The same questions about who is accountable and what happens if this condition is unmet must be answered by the Board.
Item 8: Universal Bluford Charter School – Application for Charter Renewal (Pending)
Description: Universal Bluford Charter School applied for renewal of its charter in the 2019-20 school year. A renewal evaluation of this charter school was completed by the Charter Schools Office in 2019-20 and the latest Annual Charter Evaluation with nonrenewal recommendation was completed in 2020 (ACE-R – Renewal Recommendation). The CSO has recommended that the Board of Education commence nonrenewal proceedings for this charter school through the adoption of grounds for nonrenewal. The Board of Education will consider this nonrenewal recommendation.
Item 9: Universal Daroff Charter School – Application for Charter Renewal (Pending)
Description: Universal Daroff Charter School applied for renewal of its charter in the 2019-20 school year. A renewal evaluation of this charter school was completed by the Charter Schools Office in 2019-20 and the latest Annual Charter Evaluation with nonrenewal recommendation was completed in 2020. (ACE-R – Renewal Recommendation). The CSO has recommended that the Board of Education commence nonrenewal proceedings for this charter school through the adoption of grounds for nonrenewal. The Board of Education will consider this nonrenewal recommendation.
APPS Analysis: The Board conducts all charter business behind closed doors until the legally required non-renewal hearings are convened. But that is a long way off, and the Board might cave before that as it has done with other charters recommended for non-renewal. We will be following this as well as the legal proceedings of the indicted Universal administrators and elected officials including City Councilmember Kenyatta Johnson and his wife, charter lobbyist Dawn Chavous.
Item 13: Amendment of Contract with the Fund for the School District of Philadelphia ($600,000)
The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform an amendment of a contract, subject to funding, as follows:
With: The Fund for the School District of Philadelphia
Purpose: To continue providing leadership in fundraising activities with the philanthropic community and private donors
Original Start Date: 3/20/2015 Current End Date: 6/30/2020 Amended End Date: 6/30/2023
Currently Authorized Compensation: $1,040,000
Additional Compensation: $600,000 Total New Compensation: $1,640,000
Location: Administrative Office(s); All Schools
Renewal Options: No
Description: The Fund for the School District of Philadelphia is part of a national initiative to build public-private partnerships that strengthen public education in our country’s major urban areas through private sector support. Founded in 2003 as Philadelphia Children’s First Fund, the mission is to serve as a vehicle for generating, directing, and managing private philanthropic resources to respond to the needs and goals of the School District of Philadelphia and to create innovative opportunities for promoting student achievement. The Fund for the School District of Philadelphia as it is currently known since it reorganized in 2015, is the official not-for-profit entity for the School District of Philadelphia. In this capacity, the Fund has attracted and aligned the efforts of private foundations, corporations and businesses, and individual donors, in support of District initiatives.
The purpose of this Action Item is to enable the District to continue to contribute to the operating costs of the Fund for the next three fiscal years. The $200,000 annual contribution represents approximately 20% of the Fund’s total operational budget (which totals $973,000). It receives another 20% from individuals, primarily members of their Board of Directors; 35% from earned income and the remaining 25% from corporate/foundation contributions. Research into similar school funds and foundations indicates that it takes many of them more than five years to fully sustain themselves. Last year, the Fund hosted its first alumni awards dinner to recognize distinguished District alum and to help support the operations of the Fund. In the coming year, the Fund will incorporate a merchandising campaign. Over the past five years, the Fund has contributed more than $17 million toward District priorities and currently has $6 million under management on behalf of the District. It is also expected that the conversations which the Fund is beginning to undertake with national foundations will yield additional support for the District. During the recent COVID-19 outbreak, the Fund has helped to organize Philanthropy to support student needs.
The Fund will continue to provide strategic direction to the Offices of Grants Development and Strategic Partnerships, write grants, grow the base of donors, and prepare reports on behalf of the District. The District’s senior management will continue to engage in ongoing monitoring of the effectiveness of the strategy and the relationship with the Fund. This arrangement is rooted in the District’s critical need to initiate, coordinate and sustain the private philanthropic community’s expressed interest in investing in the District’s needs and long-term success. The District expects this arrangement to positively impact the private philanthropic and corporate communities’ willingness to assist the District in implementing effective short- and long-term strategies to achieve Action Plan 3.0.
Anchor Goal(s) Supported: Anchor Goal 4 – 100% of funding for great schools is secured with zero deficit
Related resolution(s)/approval(s): May 24, 2014; A-24,March 19, 2015; A-21, June 16, 2016; A-74, June 15, 2017; A-3, May 17, 2018; A-9, August 15, 2019; No. 22
Action Item 60: Acceptance of Donation from the Fund for the School District of Philadelphia Toward Purchase of Chromebooks ($7,235,000) Added 4.23.20
The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to accept a Donation as follows:
From:The Fund for the School District of Philadelphia
Purpose:Donation of $7,235,000 to defray the cost of purchasing Chromebooks to be used for digital learning during the COVID-19 shutdown
Donation Start Date: 5/1/2020 Donation End Date: 5/30/2020
Value of Donation for an amount up to: $7,235,000
Donated Items: $7,235,000 toward purchase of Chromebooks
Justification of Donation: The donation from The Fund, made possible by the philanthropic community, supports the District’s efforts to enhance its ability to provide equitable and accessible digital learning opportunities to students throughout the city.
Description:In response to the suspension of normal school operations due to the COVID-19 pandemic, the Fund for the School District of Philadelphia (The Fund) has been working with philanthropists in the Philadelphia region to raise funds to help underwrite the purchase of portable Chromebook computers to be used by students for digital learning, including enrichment, review, and instruction from their teachers over the Internet. Gifts from the following donors have made it possible for the Fund to make a donation to the District to cover the District’s costs for approximately 24,000 Chromebooks (@ $300 each):
Aileen and Brian Roberts Foundation — $5 million
Josh Harris, David Blitzer, and the Philadelphia 76ers — $2 million
Bank of America — $100,000
Independence Public Media Foundation — $100,000
Crown Castle — $25,000
Dr. Angela Duckworth — $10,000
The Board of Education authorized the School District to purchase Chromebooks for an amount not to exceed $11 million, on March 26, 2020, in order to address equity and accessibility considerations among our District’s students and families. Within days of receiving Board authorization, the District paid almost $8.1 million for Chromebooks. The District’s Office of Information Technology is overseeing approval of the Chromebooks for compatibility with District systems and for appropriate use by students. Through the efforts of the Office of Information Technology, along with other employees and volunteers, the District expects to distribute at least 30,000 new Chromebooks to students (plus a limited distribution to staff who may also need them to support digital learning), in addition to locating, processing, and distributing thousands of other Chromebooks already owned by the District and used in District buildings. The generous philanthropic contributions that made The Fund’s donation possible substantially defray the District’s expenditures on Chromebooks and serve as a hallmark example of the power of philanthropy to help our city’s young people.
Related resolution(s)/approval(s): March 26, 2020; No. 54
APPS Analysis: The Fund began as the Philadelphia Children First Fund in 2003, under CEO Paul Vallas and SRC Chair James Nevels. Its stated mission was to “facilitate individual and organizational giving to create a permanent source of philanthropic capital to the School District of Philadelphia, its leaders, its teachers, and its students.” In 2011 PCFF raised $500,000 to buy out the contract of then-superintendent Arlene Ackerman’s when she was forced out. Despite public demands to reveal the donors, the Fund kept their identities secret.
Its twenty-one board members hail mostly from the finance, banking, and investment sectors; board meetings are closed to the public. As Lisa Haver wrote in her 2016 Notebook commentary: “The fund’s website says that the board will be working with Superintendent William Hite to ‘help set funding priorities … toward the needs of Philadelphia’s public schools to improve educational services and academic achievement.’ But it is not the role of a handful of people from one stratum of society to make those decisions. Giving corporations and foundations a larger voice in decisions on education cedes control of the democratic process to those with the highest net worth. Funneling foundation money and philanthropic dollars makes donors feel good but paying taxes that go into supporting our schools provides a reliable funding stream independent of select contributions.”
Item 18: Contract with Helbling & Associates – Executive Search Firm ($90,000)
The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform a contract, subject to funding, as follows:
With:Helbling & Associates, Inc.
Purpose: Executive search firm. If services are deployed, would be used to support sourcing, screening and hiring for key executive roles, such as the Chief Operating Officer.
Start date: 5/1/2020 End date: 12/31/2020
Compensation not to exceed: $90,000 Renewal Options: No
Description:The Chief Operating Officer position is a vital role to fill for the School District. Helbling & Associates will work to lead the successful recruitment, selection, hiring, and onboarding of a Chief Operating Officer. The firm will support District leadership in refining the job description and defining the strategy to identify and hire the ideal candidate for the position. They will work to source potential candidates for the role, present the candidates to decision makers within the District, and support the successful screening of candidates within the District. Helbling & Associates will coordinate references checks and support the successful offer and acceptance of the District’s new Chief Operating Officer.
Funding Source(s): FY 20 Operating, FY 21 Operating
APPS Analysis: Several issues this year have highlighted the failure of the District, in particular the Facilities Department, to mitigate problems before they become full-blown crises. The first arose before the school year started, when the botched asbestos removal at Benjamin Franklin High School halted the planned move-in by Science Leadership Academy. Despite concerns raised by parents, school staff, and students during the construction, the administration refused to develop alternate plans. That crisis grew as asbestos was discovered in more schools and plans for remediation deteriorated. At that point the duties of the Chief Operations Officer were divided, with half assigned to consultant Jim Creedon at a cost of $180,000/year. At the January 30, 2019 Action Meeting, Finance and Facilities Committee Co-chair Lee Huang asked Dr. Hite to “outline the long-term solutions to finding a permanent Facilities Chief”. Dr Hite responded that the District had contracted with Boston-based District Management Group (DMG) to evaluate exactly what the District needs. Hite went on to say that he expected their report within the next week or so. Has the Board received that report, and if so, how can it be viewed by the public?
Item 55: Ratification of Contract with Achievement First – Clara Barton School ($10,000)
The Administration recommends that the Board of Education ratify the execution and performance of a contract by The School District of Philadelphia, through the Superintendent or his designee, subject to funding, as follows:
With: Achievement First, Inc. Purpose: To provide professional development and coaching support for implementing Math Stories program
Start Date: 6/1/2019 End Date: 5/30/2020
Compensation not to exceed: $10,000
Location(s): Clara Barton School
Description: Achievement First is providing Clara Barton Elementary School with intense professional development and coaching support to implement the Achievement First Math Stories program. Math Stories will increase the level of critical thinking and math problem solving skills as it connects to common core math standards and practices. This ratification is required due to a mistake by the school not understanding the correct procedure for obtaining services through Limited Contracts. The administrator completed a Limited Contract to pay Achievement First for the services provided this year, but did not realize approval needed to be obtained prior to the start of services and operated under the mistaken impression that approval carried over year to year so did not submit the documents in accordance with the clear timeline. They now understand the process and that no further engagement of contractors by the school will be made without prior Board of Education approval.
APPS Analysis: This Item proposes a contract with an out-of-state charter school network known for its No-Excuses program. Does this represent their attempt to establish a market in Philadelphia? Achievement First (AF)President and CEO Dacia Toll is a 2015 graduate of the Broad Academy. Achievement First runs over 30 schools in Connecticut, New, York, and Rhode Island. Toll , along with the co-founders of KIPP and Uncommon Schools, started Relay GSE to create a pipeline of “high quality” teachers for their charter schools. According to an April 2017 article in the Yale Education Studies’ research on equity, policy, school choice & desegregation titled Achievement First, Children Second:
“ Although the CMO has distanced itself from the No Excuses label, it continues to educate mainly low-income urban students of color, with the goal of using rigorous academics and strict discipline to help them close the achievement gap, in the style of No Excuses. AF has been remarkably successful in pursuing this goal, achieving test results as good as or better than those of predominantly wealthy, white districts. This being said, issues surrounding the CMO’s disciplinary culture, narrow curriculum, funding, and low racial and socioeconomic diversity of students and teachers complicate its successes. Thus, while AF schools undoubtedly boost students’ social mobility, the issues cited above suggest that AF’s narrow vision of education may neglect the role of education in creating democratic equality…. AF’s rise has not been democratic, and its competition with public school districts has not necessarily improved public education as a whole. Furthermore, AF’s No Excuses policies inhibit genuine student learning and students’ ownership of their education, placing college acceptance as the sole marker of success. Thus, our analysis indicates that while AF certainly succeeds in developing children as standardized test-takers and college applicants, the fixation on this narrow aspect of a child’s success may mean that the schools fail to help children develop as people, just as they fail to improve the state of education more broadly.”
The Achievement First network receives substantial funding from both the Broad Foundation and the Gates Foundation.
Item 53: Ratification of Contracts with Various Vendors – Printing Services for Learning Resources During School Closure ($1,500,000)
The Administration recommends that the Board of Education ratify the execution and performance of a contract by The School District of Philadelphia, through the Superintendent or his designee, subject to funding, as follows:
With: Print Communications Associates LLC
Campus Copy Center
Purpose: Emergency mass printing of K-12 Learning Guides necessitated by COVID-19 response effort closures
Start Date: 3/14/2020 End Date: 6/30/2020
Compensation not to exceed: All printers will be paid from the not to exceed aggregate amount of $1,500,000.
Description:Due to the sudden disruption of District operations and provision of education, announced on March 13, 2020, the Office of Academic Supports worked feverishly to ensure learning could continue at home by providing printed optional Learning Guides at grab-and-go meal sites throughout the city. Learning Guides were printed for every grade level (K-12) for math and English Language Arts. This ratification is required due to the sudden and urgent need to secure printing services before prior authorization could be obtained. As the impact of COVID-19 (coronavirus) in the Philadelphia area intensifies, the District is keenly focused on identifying ways to equitably continue to support the needs of students and families while schools remain closed. While every District K-12 student who needs one will be provided a Chromebook for learning at home, the District still has to consider the needs of students and families who will continue to rely on printed materials to ensure access for all children. This action item also seeks authorization to contract with various vendors through June to continue to provide printed learning materials for students and families who need them. These vendors were able to provide services on very short notice and were recommended by the District’s Print Services team.
Item 33: Amendment of Contracts with Various Vendors for General Maintenance Services ($12,700,000)
Purpose: Trade contractors to provide capacity for as-needed maintenance and repairs in District schools.
The Administration recommends that the Board of Education authorize The School District of Philadelphia, through the Superintendent or his designee, to execute and perform an amendment of a contract, subject to funding, as follows:
With:
B&E Boiler Works, Inc.
Mechanical Trades, Inc.
Palmer Waterproofing, Inc.
Schneider Restorations, Inc.
Armor Masonry Restoration, Inc.
Zavorski Masonry Repairs, Inc.
Robert Ganter Contractors, Inc.
United States Roofing Corporation, Inc.
Low-Rise Elevator Co., Inc.
Brandywine Elevator Company
Oliver Fire Protection & Security
Five Starr
General Asphalt Paving Company, Inc.
Herman Goldner, Inc.
Oneida Fire Protection, Inc.
GEM Mechanical Services Inc.
Devine Brothers, Inc.
Midatlantic Construction and Design Associates, Inc.
Purpose:Trade contractors to provide capacity for as-needed maintenance and repairs in District schools
Original Start Date: 2/17/2017 Current End Date: 6/30/2020
Amended End Date: 6/30/2021
Currently Authorized Compensation: $6,362,736
Additional Compensation:
On Call Piping – GSC – 006 and GSC – 012 ($1,000,000) (General Asphalt Paving Company, Inc, GEM Mechanical Services, Inc., Herman Goldner, Inc.)
Boiler Repairs – B – 028 G of 2016/17 ($1,500,000) (B&E Boiler Works, Mechanical Trades, Inc.)
Masonry Repairs – B – 054 G of 2016/17 ($1,500,000) (Palmer Waterproofing Inc., Schneider Restorations Inc., Armor Masonry Restoration Inc., Zavorski Masonry Repairs Inc.)
Roofing Repairs – B – 055 G of 2016/17 ($1,500,000) (Robert Ganter Contractors, Inc., United States Roofing Corporation, Inc.)
Elevator Repairs – B – 059 G of 2016/17 ($1,500,000) (Low-Rise Elevator Co., Inc., Brandywine Elevator Company)
Sprinkler Repairs – GSC – 002 and GSC – 010 ($1,000,000) (Oliver Fire Protection & Security, Oneida Fire Protection, Inc.)
Plumbing Services – GSC – 008 ($1,200,000) (General Asphalt Paving Company, Inc., Herman Goldner, Inc., Five Starr)
ATC Services – B – 031 G of 2016/17 ($1,500,000) (Devine Brothers, Inc., Herman Goldner, Inc)
Air Conditioning – B – 049 G of 2016/17 ($1,500,000) (Devine Brothers, Inc.
General Asphalt Paving Company, Inc., Herman Goldner, Inc.)
Piping Insulation – GSC – 014 ($500,000) (Midatlantic Construction and Design Associates, Inc.)
Total New Compensation: $19,062,736
Description:The Department of Facilities Management and Services is seeking an extension of 10 service contracts for one year with 18 participating vendors, totaling $19,062,736. This action item ensures that maintenance and repairs in schools will continue without interruption thereby keeping facilities open and conducive to learning. The vendors listed function across various trades in support of our maintenance staff responding to unexpected roofing, HVAC, elevator, sprinkler, insulating, and plumbing repair needs in a timely manner. The contractors will be assigned work by the Maintenance Department, who will also monitor the work for quality and completeness. The vendors recommended for extension have a track record of satisfactory work for the School District and help us meet our goal of providing 100% of students with a learning environment that is safe, healthy and welcoming.
Related resolution(s)/approval(s): June 27, 2019; B-58, April 25, 2019; B-32, January 30, 2020; B-32, September 19, 2019; B-20
APPS: APPS member Diane Payne has asked the Board to explain the sixfold increase of these services. She writes:
“This Item is an extension of an existing contract for District-wide maintenance and repairs. The original contract is listed from 2/17/17 to 6/30/20 for $6,362,736–approximately $2 million per year. Action Item 33 proposes a one-year extension for an additional $12,700,000 in compensation, for work to be completed by June 2021. No explanation is provided in the Action Item to explain this huge increase. APPS’ members have called on the Board to publicly commit to conducting essential business only and to specify in each Item why it is essential; as yet, the Board has not done so. An increase like this should never be presented without clear language explaining the need for such a huge jump in compensation. The dire budget picture presented by the Chief Financial Officer Uri Monson only escalates the need for explaining this increase and committing to essential only business or as Munson called it “mission critical” business.”
Alliance for Philadelphia Public Schools 