On the whole, the new guidance from the U.S. Department of Education’s Office of Civil Rights is another example of executive overreach and federal interference run amok. Really, the department is going to sue local school districts if their lighting is poor? Does anyone think this is a good idea? Secretary Duncan, this is "tight-loose"?
But there is a silver lining: This could be an incredibly helpful tool for charter schools. We know from a recent University of Arkansas study (and several before it) that charter schools are woefully underfunded. This is particularly true in states where most charters serve poor and minority children. They also have meager access to high quality facilities. (I hear some are even poorly lit!)
I'd love to see charter associations throughout the country file complaints with OCR, asking it to investigate states that don't do enough to provide equitable funding to charter schools serving high proportions of poor and minority children. Advocates in New York City might file a complaint against Mayor Bill de Blasio for refusing to provide equitable facilities. And certainly charter advocates that have already filed lawsuits alleging discrimination against charter schools (in Washington, D.C. and New York state) should use the tactic, too.
It almost certainly didn't mean to, but OCR may have stumbled into the most significant federal charter policy action since the birth of the charter movement two decades ago. So tenth-amendment hawks: Lighten up!
