School choice proponents protest timing of crackdown

DPI should have dealt with lax applicants before classes began, letter says

By Mike Johnson of the Journal Sentinel staff


Supporters of public school choice on Wednesday criticized the state Department of Public Instruction for waiting until weeks after students were in classes to begin a crackdown on unqualified school applicants.

They fired off a letter to Gov. Tommy G. Thompson and state lawmakers that accuses the department of poorly administering the choice program.

The letter charges that DPI's last-minute decision to begin enforcing rules - set out 10 years ago in the law that established the Milwaukee Parental Choice Program - could disrupt the education of some of the children enrolled in the program.

DPI officials denied the accusations. They said the timing was the applicants' fault because some dragged their feet in complying with rules and supplying the required documentation that's used to determine whether they are qualified.

"Many children and parents might be needlessly harmed by the DPI's belated decision to begin following an important portion of the 10-year-old law," said Howard Fuller, a former MPS superintendent and leading advocate for choice, and eight other choice supporters in the letter.

"One immediate result is the real possibility that a number of students will be dislocated. This was entirely avoidable," they said. "It could have been prevented if the law had been administered effectively. Schools not in compliance with the law could have been identified long before the school year started."

The letter was in response to DPI's withholding or threatening to withhold state funding from 17 choice school applicants. The crackdown began late last week.

On Monday, DPI officials told three choice school applicants they were ineligible for state funding, because they don't provide the required 875 hours of instruction and consequently don't meet the definition of a private school.

Nine other applicants were told they won't get payments unless they can prove by today that they are private schools that meet the minimum instruction hours and provide the required curriculum in six basic subjects.

And last week, DPI threatened to withhold funding from six applicants. The agency said four didn't have the required occupancy permits to show their buildings meet health and safety codes for schools, and two failed to refund to the state overpayments they received last year. Sending DPI a copy of the occupancy permit is a new requirement this year.

One school applicant was notified on two separate non-compliance issues.

Participation in the Milwaukee Parental Choice Program, a voucher program, is limited to private schools. To be considered a private school, an applicant must provide at least 875 hours of instruction each year and offer classes in reading, language arts, mathematics, social studies, science and health.

In addition to those rules and the occupancy permit, choice schools must submit a financial audit to DPI each year.

There were 114 applicants for the program this year. A large majority of schools participating have complied with state regulations.

Fuller, in an interview, said DPI had from May through August to determine whether applicants were qualified. By May 1, applicants must submit a form to the DPI that notifies the state agency of their intent to participate in the program.

"They had ample time to make sure schools were doing the things they should be doing. . . . Why would you wait until the third week of school?" Fuller asked. "I think it was done that way to generate headlines."

Although critical of DPI's timing, Fuller said: "We are not suggesting that the DPI should not use its authority. We believe schools should have to follow the law. We've always believed that."

But he said he was worried that school choice opponents would use the crackdown as a "springboard" to create more rules and regulations designed to destroy the choice program.

Assembly Speaker Scott Jensen (R-Town of Brookfield), reading a copy of the letter, also was critical of DPI. He said the "trouble a small number of choice" applicants were having could have been avoided had DPI been doing its job.

"They have wanted this program to fail," Jensen said of DPI. "We've heard for some time they've been looking for ways to use the rules to diminish the program."

He said DPI officials were trying to put the blame on choice when the "problem is with the bureaucracy."

Bob Soldner, DPI's director of school management services, said the agency is simply following new administrative rules set up by lawmakers. Those rules took effect Aug. 1, he said, and there is "no flexibility" in enforcing them.

Occupancy permit copies were due Aug. 1 at the DPI, Soldner said. "We should have had them by August 1, and we did not."

He said school applicants also failed to submit documents that would help the DPI verify that the schools met the definition of a private school.

"If you're a private school, you ought to, on your own initiative, understand and comply with the rules," Soldner said.

"Is the timing not perfect? Yes, it's not perfect," Soldner said. "This year is going to be a transition year in enforcing the rules."

Although some applicants won't be getting their first of four aid installments this week, Soldner said that as soon as DPI can verify that the applicants meet the requirements, "they'll get checks."