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Newarkers Demand Details of District-Charter Enrollment Deal

At a hastily arranged meeting, the Newark school board OK’d a legal agreement that affects thousands of families. Few people have had access to the document

Newark public schools
Credit: Patrick Wall/Chalkbeat

The Newark school board last week approved a lengthy legal agreement spelling out the details of the enrollment system that thousands of Newark families will use to apply to schools for the coming year.

Didn’t hear about it? You’re not alone.

The board OK’d the deal at a hastily arranged meeting Monday, November 12 that few people in the community knew about or attended. State rules require that any changes to the district’s enrollment system “be publicly and transparently articulated before adoption.”

It’s unclear whether any changes were made — which would have triggered the transparency rules — because the board did not publicly discuss the details of the deal before voting, and the district has not made the agreement public.

Deborah Smith-Gregory, the president of the Newark NAACP, who attended the November 12 meeting, said she was disappointed that the board did not reveal any specifics about this year’s enrollment deal. Now that the district is back under local control after decades of state rule, she said, the elected board must commit to greater transparency.

“They have to do things differently,” she said. “They have to keep in mind that they’re a public entity — and they’re accountable to the community.”

How the enrollment system works

The agreement describes in minute detail the inner workings of the five-year-old enrollment system, called Newark Enrolls, which allows families apply to most district and charter schools using a single application. The district and charter schools that opt into the system must sign the agreement each year.

The Newark Board of Education ratified the deal during a special meeting on November 12 — when schools and the district’s central office were closed. The meeting was scheduled to accommodate a charter school whose own board planned to vote on the agreement the following day. The timeline is tight because the citywide period for applying to schools begins December 3.

The public agenda for the Monday meeting, which mostly consisted of the board and Superintendent Roger León talking behind closed doors, did not mention the agreement. Just four community members were present for the public portion, when León and a couple of board members made general comments about the controversial system, which critics contend funnels students into charter schools.

Then, without any public discussion of the agreement’s details — including a proposed change that León and charter leaders had debated in private — a majority of board members voted to approve it.

John Abeigon, president of the Newark Teachers Union and a fierce critic of charter schools, said both the district and its charter-school partners should disclose the terms of the deal.

“There should be absolute transparency,” he said.

Keeping it under wraps

The district’s current leadership is not the first to keep details of the enrollment system under wraps.

León, who began July 1, inherited it from his state-appointed predecessors, Cami Anderson and Christopher Cerf. One of only a handful of systems nationwide that combine district and charter admissions, proponents say it eases the enrollment process for families while helping to more evenly spread high-needs students across schools. Critics say it was designed to steer students and resources into the charter sector.

The system is dictated by the annual agreement between Newark Public Schools and participating charter schools. Apart from NJ Spotlight, which published the agreement when it was first announced in 2013, it does not appear to have been released to the public since then — even as it has doubled in length, filling 20 pages last year.

In 2015, after Anderson touted the agreement at a state legislative hearing, saying it had created “greater equity and consistency” in admissions, several lawmakers asked to see it.

“No one seems to know about it,” said Assemblyman Ralph Caputo during the hearing.

‘No secret agreements’

After Anderson resigned, Cerf’s administration continued to renew the agreement each year. In an email, Cerf, who stepped down in February, said, “The document was always publicly available and was frequently discussed publicly.”

But community activists who have long scrutinized the enrollment system said they do not recall the district ever publicizing the agreement.

“I do not remember ever seeing this document, ever seeing it published anywhere, ever seeing it on the [district] website where we could find it, ever even discussing it in a thorough manner,” said Wilhelmina Holder, a longtime activist and critic of the enrollment system. She added that the new administration and school board should release the latest document to the public.

“No secret agreements,” she said. “You voted on it. If you’re discussing it, then why can’t we have a say in it?”

Absent the agreement, families have other ways to learn about Newark Enrolls. The district publishes a thick enrollment guidebook each year with information about every school and hosts an annual admissions fair. It also maintains an enrollment website featuring a family-friendly video that illustrates how the system works.

Who assigns the students?

But the agreement offers a uniquely detailed look under the system’s hood — and describes features that are not widely known, according to a copy of last year’s agreement that Chalkbeat obtained.

For instance, it alludes to a “third party” that programs the algorithm used to match students with schools based on the terms set forth in the agreement. The district plays “no active role” in the actual assignment of students to schools, the document says.

It also stipulates that the district must send charter schools as many students as they request. In return, charters must admit all students assigned to them — even if that pushes their enrollment above the limit set by the state, according to the 2017 document.

That practice of assigning schools more students than they currently have space for, called “overmatching,” is done to offset attrition that happens as some families inevitably leave the district before the next school year starts. It became a sticking point in recent closed-door negotiations between León’s administration and charter schools.

León: No major changes have been made

León wanted to end the practice, despite charter leaders who said it was critical for filling their seats. People in the charter sector said the final agreement still allows overmatching, though León told Chalkbeat that he believes the practice is unnecessary because charters can pull students from their waitlists to replace those who leave.

In an interview after Monday’s vote, León said no major changes were made to this year’s agreement.

Board chair Josephine Garcia, who made no public comments about enrollment during the Monday meeting, declined to be interviewed immediately afterwards and did not respond to emails later in the week. However, she was overheard saying after the meeting that the district would eventually “rebrand” the enrollment system.

Chalkbeat contacted the district several times after the meeting to request a copy of the agreement. On Thursday evening, an official provided a public-records request form, which Chalkbeat submitted.

As of Friday, the district had not released the document.

Patrick Wall is a senior reporter for Chalkbeat Newark, a content partner of NJ Spotlight. He was previously an editor and reporter at Chalkbeat New York and a Spencer Education Reporting Fellow at Columbia University's Graduate School of Journalism, where his work appeared in The Atlantic and Mother Jones.

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